CONTRACTOR ALERT!
Two (2) Important Regulations Go Into Effect with the New Year

Mandatory State Regulations for Public Works Projects and Diesel Regulations for Heavier Trucks (GVWR >26,000 lbs.)
Become Effective January 1, 2012

In the November 8, 2010 edition of CCMCA News-at-a-Glance (http://www.ccmca.org/attachments/article/132/Vol_32_NAAG_Nov_8.pdf), we reported that the Department of Industrial Relations (DIR) had suspended the operations of its newly-formed labor compliance entity, the Compliance Monitoring Unit (CMU) due to legal questions surrounding the method by which fees were to be paid to the CMU. Those questions have now been resolved and the CMU begins operations on January 1, 2012.

The CMU is a new unit within the Division of Labor Standards and Enforcement (DLSE) created to monitor and enforce prevailing wage requirements on public works projects that are legally required to use the CMU. This unit will deal with the fees, collection of those fees, monitoring, and payroll reporting structure for bond-funded public projects.

Only projects for which the public works contract is awarded on or after January 1, 2012 are subject to the CMU requirements. Contracts awarded prior to January 1, 2012 will be subject to the prior monitoring and enforcement rules (labor compliance programs for some bond-funded or design-build projects or no specific monitoring requirement) for the life of those projects.

Payroll data may be entered manually or uploaded electronically to a designated electronic certified payroll service – My LCM. The My LCM service must be used by all awarding bodies and contractors for projects subject to CMU monitoring and enforcement for contracts awarded on or after January 1, 2012.

A link is established for electronic certified payroll at https://app.mylcm.com. The site includes step-by-step instructions on how to assign contractors, manage employee profiles and submit payroll reports. My LCM training and on-going support are provided at no charge to prime contractors and participating sub-contractors.

For additional information on the CMU, please visit the DIR website at www.dir.ca.gov/cmu.

DIR will be hosting a public meeting and several webinars to explain what the regulation means to you, certified payroll submission and monitoring, and the filing and investigating of complaints.

Public Works Compliance Monitoring Unit (CMU) Meeting and Webinar Schedule
Public Meeting January 4 Oakland 10:00am - Noon
General Info January 5 Webinar 3:00 – 4:00pm
General Info January 6 Webinar 10:00 – 11:00am
Contractors January 12 Webinar 2:30 – 4:30pm
Contractors January 18 Webinar 2:30 – 4:30pm

To register for any of these events, please visit the DIR website at http://www.dir.ca.gov/dlse/cmu/cmu.html

Diesel Regulation for Heavier Trucks (GVWR >26,000 lbs.): Emissions Compliance Begins January 1, 2012
Reporting is Due by January 31, 2012

In the January 6, 2011 edition of CCMCA News-at-a-Glance (http://www.ccmca.org/attachments/article/132/Vol_33_NAAG_Jan_2011.pdf), we brought word of a delayed compliance schedule for the Air Resources Board (ARB) diesel regulations applicable to on and off-road vehicles. For owners of heavy duty trucks, that reprieve comes to an end January 1, 2012.

Big rigs, trucks, and buses with Gross Vehicle Weight Rating (GVWR) of more than 26,000 lbs. must be compliant by January 1, 2012 with new rules designed to reduce diesel emissions. Owners of these heavier vehicles have two options to comply:

1. Follow a staggered implementation schedule based on engine model year as shown in the table below. No reporting is required if complying with this schedule.

Engine Model Year Schedule for Heavier Trucks
Engine Year January 1 Requirement
Pre-1994 No requirements until 2015, then 2010 engine
1994-1995 No requirements until 2016, then 2010 engine
1996-1999 PM filter from 2012 to 2020, then 2010 engine
2000-2004 PM filter from 2013 to 2021, then 2010 engine
2005-2006 PM filter from 2014 to 2022, then 2010 engine
2007-2009 No requirements until 2023, then 2010 engine
2010 Meets final requirements

Note that 1996-1999 model year engines must be retrofitted with a PM filter by January 1, 2012

2. Use a flexible phase-in option that allows fleets to determine which vehicles to retrofit or replace regardless of engine model year as long as the fleet meets a scheduled percentage requirement as shown in the table below. Fleets must report information about all of their heavier trucks by January 31, 2012 to use this option.

Phase-In Option for Heavier Trucks
Compliance Date Vehicles with PM Filters
January 1, 2012 30%
January 1, 2013 60%
January 1, 2014 90%
January 1, 2015 90%
January 1, 2016 100%

Fleets that report by January 31, 2012 will also have opportunities to use credits and extensions.

Owners of small fleets (defined as three or fewer diesel vehicles) must report all heavier trucks now if those trucks have 1996-1999 model year engines or if you are an owner-operator with a heavier low-mileage construction truck. Otherwise, you may wait until next year to report.

Lighter diesel trucks with a GVWR of 14,001 to 26,000 lbs. have no compliance requirements until 2015.

Fact Sheet on Truck & Bus Regulation Compliance Requirements
http://www.arb.ca.gov/msprog/onrdiesel/documents/FSRegSum.pdf

Truck & Bus Regulation User Guide for Meeting 2012 Reporting Requirements
http://www.arb.ca.gov/msprog/onrdiesel/documents/tbuserguide.pdf

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