Cal. Code Regs. Tit. 2, § 1859.167.2 - Charter School Facilities Program Rehabilitation Additional Grant for Labor Compliance Program or Prevailing Wage Monitoring and Enforcement Costs

The additional grant to initiate and enforce a LCP or to provide for the prevailing wage enforcement costs shall be determined according to (a) or (b) below, as applicable:

(a) After determining all other funding authorized by these Regulations, for any project funded in whole or in part from Proposition 47 or Proposition 55 for which the construction contract is awarded prior to January 1, 2012, and for which the applicant is required under Labor Code Section 1771.7(a) and (b) to initiate and enforce a LCP, the Board shall increase the Charter School Facilities Program Rehabilitation Grant by 50 percent of the following calculation:

(1) Using the chart in Section 1859.71.4(b), determine the total amount of funding to be provided for the increased costs of a Charter School Facilities Program Rehabilitation project due to the initiation and enforcement of a LCP.

(2) If the applicant is paying its matching share through the form of lease payments, pursuant to Section 1859.168, the value of the lease as determined by the Authority shall be included in the calculation of (1) above.

(b) After determining all other funding authorized by these Regulations, the Board shall increase the grant by 50 percent of one-fourth of one percent of the Total Projected Bond Apportionment for any project for which the construction contract is awarded on January 1, 2012 through June 19, 2014.

(1) If the applicant is paying its matching share through the form of lease payments, pursuant to Section 1859.168, the value of the lease as determined by the Authority shall be included in the calculation of (b) above.

(2) Pursuant to Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, any public works project paid in whole or in part from public funds that are derived from bonds issued by the state and for which the construction contract is awarded on January 1, 2012 through June 19, 2014, is subject to DIR monitoring and enforcement of compliance with applicable prevailing wage requirements, unless the project is exempt from this requirement pursuant to Labor Code Section 1771.3(b) in effect on January 1, 2012 through June 19, 2014.

(3) Any applicant failing to meet these requirements shall return to the State any State funding for the project, including interest, at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of State general obligation bonds as established pursuant to the Chapter 4 (commencing with Section 16720), of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. Interest to be returned shall be calculated from the date at which funds were received by the applicant until the date of the Board's finding.

(4) If the DIR revokes the applicant's internal LCP's approval and the applicant fails to provide appropriate prevailing wage monitoring through the DIR or other exemptions as specified in Labor Code Section 1771.3 in effect on January 1, 2012 through June 19, 2014, the applicant shall return to the State any State funding received for the project, including interest, as calculated in subsection (3) above for any construction projects for which the violations occurred.

Notes

Cal. Code Regs. Tit. 2, § 1859.167.2

1. New section filed 10-3-2007; operative 10-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
2. Renumbering of former section 1859.167.2 to new section 1859.167.4 and new section 1859.167.2 filed 12-18-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
3. Amendment of subsections (b), (b)(2) and (b)(4) and amendment of NOTE filed 11-3-2015; operative 1-1-2016 (Register 2015, No. 45).

Note: Authority cited: Sections 17070.35 and 17078.64, Education Code; and Section 1771.3 in effect on January 1, 2012 through June 19, 2014, Labor Code. Reference: Sections 17078.58 and 17250.30, Education Code; and Section 1771.3 in effect on January 1, 2012 through June 19, 2014, Labor Code.

1. New section filed 10-3-2007; operative 10-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 40).
2. Renumbering of former section 1859.167.2 to new section 1859.167.4 and new section 1859.167.2 filed 12-18-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 51).
3. Amendment of subsections (b), (b)(2) and (b)(4) and amendment of Note filed 11-3-2015; operative 1/1/2016 (Register 2015, No. 45).