Existing law grants to higher education employees the right to form, join, and participate in the activities of employee organizations for purposes of representation on all matters of employer-employee relations and for the purpose of meeting and conferring. Existing law, for the California State University, prohibits written memoranda reached that require budgetary or curative action by the Legislature or other agencies from being effective unless that action has been taken, and requires an appropriate request for financing or budgetary funding for all state-funded employees or for necessary legislation to be forwarded to the Legislature and the Governor or other funding agencies. Existing law requires the entire memorandum to be referred back to the parties for further meeting and conferring when the memorandum requires legislative action and the Legislature or the Governor fails to fully fund the memorandum or take the requisite curative action, except as specified. This bill would require the above-described determination of whether a memorandum requires legislative action and the Legislature or the Governor fails to fully fund the memorandum or take the requisite curative action to be made by the Public Employment Relations Board by written notification to the parties.
(1) Existing law, the California Fair Employment and Housing Act (FEHA) , establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment, as prescribed. The FEHA recognizes and declares to be a civil right the opportunity to seek, obtain, and hold employment and housing without discrimination because of a specified characteristic. The FEHA makes certain discriminatory practices based on those characteristics unlawful. The FEHA also declares that its purpose is to provide effective remedies that will eliminate these discriminatory practices. The FEHA defines terms used in connection with unlawful practices. These include "sex," which includes pregnancy or medical conditions related to pregnancy, childbirth or medical conditions related to childbirth, and breastfeeding or medical conditions related to breastfeeding. This bill would include perimenopause, menopause, or postmenopause or other related medical conditions within the above definition of sex. The FEHA separately defines the term "medical condition" to mean either a health impairment related to or associated with a diagnosis of cancer or a record or history of cancer or specified genetic characteristics. The Unruh Civil Rights Act (Unruh Act) establishes that all persons within the jurisdiction of the state are free and equal and, regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments, as prescribed. The Unruh Act defines "sex" to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would provide that "medical condition" as used in the definition of "sex" in FEHA and the Unruh Act includes, but is not limited to, the conditions included in the definition of "medical condition" in FEHA. (2) Existing law requires the Civil Rights Department to provide a poster on discrimination in employment to an employer or a member of the public upon request. Existing law requires the poster to be available at each office of the department and requires each employer to post the poster in a prominent and accessible location in the workplace, as prescribed. This bill would require the department, on or before July 1, 2027, to update the poster to notify people of their rights and protections in regard to perimenopause, menopause, postmenopause, or related medical conditions. (3) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 2563 to be operative only if this bill and AB 2563 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 2563 to be operative only if this bill and AB 2563 are enacted and this bill is enacted last.
(1) Under existing law, a person is prohibited from using or operating, on or near specified lands during a time of the year when burning permits are required, a motor engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices from which a spark, fire, or flame may originate without complying with specified requirements, including the requirement to maintain one serviceable round point shovel and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation. Existing law prohibits a person, except a member of an emergency crew or except the driver or owner of a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility, as provided, from using or operating any vehicle, machine, tool, or equipment powered by an internal combustion engine operated on hydrocarbon fuels in an industrial operation located on specified land between April 1 and December 1 of any year, or at any other time when ground litter and vegetation will sustain combustion permitting the spread of fire, without providing and maintaining, for firefighting purposes only, suitable and serviceable tools in a fire toolbox in specified amounts, manners, and locations. Under existing law, a violation of these provisions is a crime. This bill would revise and recast those provisions by, among other things, instead requiring a person to maintain at least one backpack pump-type fire extinguisher fully equipped and ready for use, and a sufficient number of serviceable round point shovels so that each person at the operation can be equipped to fight fire, within the operating area, at a point accessible in the event of fire. The bill would require these fire tools to be no farther than 25 feet from the motor, engine, boiler, stationary equipment, welding equipment, cutting torches, tarpots, or grinding devices, with unrestricted access for the operator. The bill would provide that these requirements do not apply to a person operating a motorized vehicle to work on, clear, or grade any land in or near specified lands during any time of the year when burning permits are required, and would instead require the person to have in or affixed to the motor vehicle and ready for immediate use one serviceable round point shovel and one fully equipped fire extinguisher. The bill would eliminate the above-described exception from these provisions for a member of an emergency crew and the driver and owner a service vehicle owned or operated by or for, or operated under contract with, a publicly or privately owned utility. For these purposes the bill would define a person to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program. This bill would, for purposes of the above-described requirement to maintain at least one backpack pump-type fire extinguisher and a sufficient number of serviceable round point shovels, require the State Board of Forestry and Fire Protection (board) to define the terms "operating area" and "point accessible in the event of a fire," and to develop requirements for the provision of suitable firefighting tools, as applied to rangeland operations on rangeland conducted by a rangeland operator, as provided. This bill would, as applied to timber operations on timberland conducted by a timber operator, require the board to adopt emergency regulations pursuant to the Administrative Procedure Act that (A) define the terms "operating area" and "point accessible in the event of a fire," (B) define the necessary number and types of tools needed in the fire toolbox, and (C) develop requirements for clearing areas around the operation and for the provision of suitable firefighting tools, as provided. (2) Existing law prohibits a person from using or operating on specified lands an internal combustion engine and a handheld portable, multiposition, internal combustion engine, as provided. Existing law prohibits a person from selling, offering for sale, leasing, or renting to a person an internal combustion engine unless the person provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is violation of law to use or operate the engine on specified types of land unless the engine is equipped with a spark arrester or the engine is constructed, equipped, and maintained for the prevention of fire, as provided. A violation of these provisions is a crime. Existing law also prohibits a person from selling, offering for sale, leasing, or renting any equipment powered by an internal combustion engine unless it has a permanent warning label attached that is in plain view to the operator that includes a specified warning. A violation of this provision is an infraction punishable by a fine of not more $100. This bill would, for purposes of the above-described provisions, define "person" to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated program. (3) Existing law prohibits a person, during any time of the year when burning permits are required, as provided, from using, operating, or causing to be operated in the area a portable saw, augur, drill, tamper, or other portable tool powered by a gasoline-fueled internal combustion engine on or near specified land within 25 feet of any flammable material, without providing and maintaining at the immediate locations of use or operation of the saw or tool, for firefighting purposes, one serviceable round point shovel or one serviceable fire extinguisher, as specified. Under existing law, a violation of these provisions is a crime. This bill would define a person for these purposes to mean a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, this bill would impose a state-mandated local program. (4) Existing law prohibits, during any time of the year when burning permits are required in specified areas, as provided, a person, copartnership, firm, corporation, or company from using or operating in the area a steam-operated engine, machine equipment, mill, or industrial plant, located on specified lands, without providing one adequate force pump or water under pressure equivalent to a pump, and not less than 200 feet of hose, as provided. Under existing law, a violation of this provision is a crime. This bill would instead apply the above-described prohibitions to a natural person, partnership, firm, association, corporation, limited liability company, or other legal entity. By expanding the scope of a crime, the bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (6) This bill would incorporate additional changes to Section 4442 of the Public Resources Code proposed by SB 1167 to be operative only if this bill and SB 1167 are enacted and this bill is enacted last.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals using federal, state, and county funds. Existing law establishes the CalWORKs Recipients Education Program (program) in the California Community Colleges under which community college districts are required to provide educational services and special services to recipients of aid under CalWORKs who are attending a community college, to the extent funding is provided in the annual Budget Act. Existing law requires special services for CalWORKs recipients to assist CalWORKs recipient students and those students transitioning off of CalWORKs in achieving long-term self-sufficiency through coordinated student services offered at a community college. Existing law authorizes those special services to include workstudy. Existing law prohibits program payments to an employer for workstudy from exceeding 75% of the wage for the workstudy positions and requires an employer to pay at least 25% of the wage for the workstudy positions. This bill would add direct aid designed to meet basic needs and services, as described, as a special service for which program funds may be used. The bill would also require special services for CalWORKs recipients to assist CalWORKs recipient students and those students transitioning off of CalWORKs in achieving economic mobility through coordinated student services offered at a community college. The bill would authorize programs to waive the requirement that an employer pay at least 25% of the wage for workstudy positions if the number of on-campus and off-campus workstudy positions will not decrease. By expanding program services, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Private Security Services Act, provides for the licensure and regulation of, among others, security guards by the Bureau of Security and Investigative Services. Existing law requires a security guard registrant to complete not less than 32 hours of training in security officer skills within 6 months from the date an initial registration is issued and requires a security guard registrant to complete 16 of the 32 hours within 30 days from the date the registration is issued, except as specified. Existing law requires a security guard registrant to complete a course in the exercise of the power to arrest and the appropriate use of force as a condition for registration issuance. This bill would, notwithstanding those provisions, allow a registrant who has completed a course in the exercise of the power to arrest and the appropriate use of force to complete the training in security officer skills before registration is issued. Existing law, the Proprietary Security Services Act, provides for the registration and regulation of proprietary private security officers by the Department of Consumer Affairs. Existing law requires a proprietary private security officer registrant to complete a training in security officer skills within 6 months from the date of registration issuance, or within 6 months of employment by a proprietary private security employer. Existing law requires the department to develop and establish a standard course and curriculum, including the minimum hours of instruction, for the security officer skills training. This bill would, notwithstanding those provisions, allow a registrant who has completed a course in the exercise of the power to arrest and the appropriate use of force to complete the training in security officer skills before registration is issued. This bill would incorporate additional changes to Sections 7574.18 and 7583.6 of the Business and Professions Code proposed by SB 1203 to be operative only if this bill and SB 1203 are enacted and this bill is enacted last.
Existing law establishes the Employment Training Panel within the Employment Development Department and sets forth its powers and duties with respect to certain employment training programs. Existing law declares the intent of the Legislature that the purpose of provisions relating to the panel is to establish an employment training program to promote a healthy labor market in a growing, competitive economy and to fund only projects that meet specified criteria, including, among other things, fostering retention of high-wage, high-skilled jobs in manufacturing, and other industries, as provided. Existing law also establishes the Employment Training Fund in the State Treasury, and requires that moneys in the fund be expended only for the purposes of the Employment Training Panel, except as provided. Existing law authorizes the panel to allocate moneys in the fund for reimbursement of reasonable training costs, administrative costs incurred by contractors, costs of program administration, and related services. This bill would require the panel to authorize and encourage the use of electronic systems for recordkeeping. The bill would authorize contractors and subcontractors under an agreement with the panel to satisfy recordkeeping and documentation requirements through electronic records, provided that those records are complete, accurate, and meet other specified criteria. The bill would require the panel to adopt recordkeeping and training administration standards, as specified, and to update regulations, guidance, and program materials to implement the bill's provisions.
Existing law, the California Occupational Safety and Health Act of 1973, exists for the purpose of assuring safe and healthful working conditions for all California workers by authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and providing for research, information, education, training, and enforcement in the field of occupational safety and health. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations for the adoption of occupational safety and health standards and establishes the Division of Occupational Safety and Health in that department for the enforcement of those occupational safety and health standards, as prescribed. This bill would require the division, on or before January 1, 2030, to propose to the standards board, for its consideration and possible adoption, a standard that protects the health and safety of employees who risk high or prolonged exposure to transboundary pollution, as defined, in outdoor occupational environments, as specified. The bill would require the division to consider identifying an exposure threshold for hydrogen sulfide at which acute or chronic health effects occur to reference in the standards and may consider exposure thresholds for other relevant pollutants. The bill would authorize the division to develop the standard in consultation with other specified groups. The bill would authorize the standards board to adopt emergency regulations to implement these provisions.
The California Workforce Innovation and Opportunity Act establishes the California Workforce Development Board to assist the Governor in the development, oversight, and continuous improvement of California's workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. Existing law requires the board to administer, promote, expand, and provide field assistance for high road training partnerships, defined as an initiative or project that models strategies for developing industry-based, worker-focused training partnerships, including labor-management partnerships. Existing law requires high road training partnerships to demonstrate job quality standards and employment practices that include, among other things, adoption of mechanisms to include worker voice and agency in the workplace. This bill would require the board, when awarding grants for a high road training partnership program or any successor program, to provide a scoring preference to an applicant that is either a bona fide labor-management cooperation committee, as defined, or is an entity applying on behalf of, or in cooperation with, a bona fide labor-management cooperation committee, as specified. The bill would require the board to determine the amount of the scoring preference provided and to incorporate that preference into program guidelines and grant solicitations.
(1) Existing law, the Teachers' Retirement Law, establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, creditable service, and age at retirement, subject to certain variations. STRS is administered by the Teachers' Retirement Board. Existing law creates the Teachers' Retirement Fund, which is continuously appropriated for specified purposes, into which certain moneys are deposited, including employee contributions. Existing law requires employers and employees to make contributions to the system based on the member's creditable compensation. Existing law defines terms for the purposes of STRS. Existing law defines "retired member activities" to mean one or more of specified identified activities within the California public school system and performed by a member retired for service under STRS, as prescribed. This bill, commencing July 1, 2027, would redefine "retired member activities" to mean all service performed within the California public school system by a member retired for service under STRS when the member is employed in specified positions, including as an employee or independent contractor. (2) Existing law defines "sick leave days," "basic sick leave day," and "excess sick leave days" for purposes of STRS. For specified standards concerning service credit that are expressed only in terms of hours, existing law requires the number of hours to be divided by 6 to determine the number of sick days. This bill would delete the above provision on calculating the number of hours. The bill would instead provide that, when determining the number of days, including for those identified standards, one day shall be equivalent to the number of hours of creditable service performed in a day in that position on a full-time basis, but no less than 6 hours. (3) Existing law requires the retirement board and employees of STRS to discharge their duties with respect to the system and the plan solely in the interest of the members and beneficiaries, as specified. This includes by diversifying the investments of the plan so as to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so. This bill would revise that provision to instead require diversifying the investments of the plan so as to minimize the risk of loss and to maximize the rate of return unless under the circumstances it is clearly not prudent to do so. (4) Existing law requires employers to make available criteria for membership, including optional membership, in a timely manner to all persons employed to perform creditable service subject to coverage by the Defined Benefit Program and to inform part-time and substitute employees, within 30 days of the date of hire, or by March 1, 1995, whichever is later, that they may elect membership in the plan's Defined Benefit Program at any time while employed. This bill would shorten the above-described timeframe for notifying those employees to within 10 working days of the date of hire. (5) Existing law establishes the circumstances in which a member who is eligible and applies for a disability allowance or retirement may apply to receive a service retirement allowance pending the determination of their application for disability. Under those provisions, a member who applies for service retirement in these circumstances does not receive service credit for each day of accumulated or unused leave of absence for illness or injury or for education, as specified. This bill would also provide that a member who applies for retirement under those provisions shall not receive an additional 2 years of service credit granted in specified circumstances. Existing law requires the retirement board to determine a date based on when the system has the capacity to implement specified changes to the above provisions. Existing law further requires the board to post that date on its website no later than January 1, 2026. This bill would delete the above-described language. (6) Existing law provides that a service retirement allowance becomes effective upon any date designated by the member, provided all of specified conditions are met. This includes a requirement that the member file an application for service retirement on a form provided by STRS, executed no earlier than 6 months before the effective date of the member's retirement allowance. This bill would also require the application for service retirement allowance to be received by STRS within 30 days after the date of the member's signature and, if applicable, the spouse's or registered domestic partner's signature. Existing law permits a member who files an application for service retirement to change or cancel their retirement application if certain conditions are met. Existing law requires that the form provided by STRS be received by the system no later than 30 days from the date the member's initial benefit payment for the member's most recent retirement under the Defined Benefit Program is paid by the system. This bill would also require that the form be received by STRS within 30 days after the date of the member's signature and, if applicable, the spouse's or registered domestic partner's signature. The bill would additionally authorize a member to elect to change a retirement annuity from the defined Benefit Supplement Program to a lump-sum payment any time after retirement, subject to using a form provided by the system and meeting other specified requirements. Existing law requires the retirement board to determine a date based on when the system has the capacity to implement specified changes to these provisions and to post the date on its website no later than January 1, 2026. This bill would delete the above-described language. (7) Existing law specifies the amount a member is to receive upon retirement for service following reinstatement, which is based on specified factors. Existing law also specifies circumstances in which a member who reinstates and performs other creditable service is entitled to a service retirement allowance. Existing law also specifies the amount a member is entitled to receive upon retirement for service following a prior disability retirement, as prescribed. This bill would require benefits calculated pursuant to the above provisions to be modified by an option if elected pursuant to that law. (8) Existing law authorizes the retirement board to declare an additional earnings credit to be applied to Defined Benefit Supplement accounts for a plan year, subject to certain considerations by the board. Existing law requires the board to specify, for any plan year for which it declares an additional earnings credit, the amount to be added to members' accounts as a percentage increase. Existing law prohibits additional earnings credit from being added to the balance of credits transferred from a member's Defined Benefit Supplement account to the Annuitant Reserve. This bill would delete the above-described provision prohibiting additional earnings credit from being added to the balance of credits transferred. (9) Existing law requires a member's retirement benefit under the Defined Benefit Supplement Program to be an amount equal to the balance of credits in the member's Defined Benefit Supplement account on the date the retirement benefit becomes payable. Existing law requires the retirement benefit to be a lump-sum payment or an annuity payable in monthly installments, or a combination thereof. This bill would establish specified conditions if a member elects to change their retirement annuity from the Defined Benefit Supplement Program to a lump-sum payment, including providing for termination of payment of the annuity based on the balance of credits and making the election irrevocable. (10) Existing law provides that benefits payable to participants or beneficiaries of STRS are subject to limits imposed by specified provisions of federal law and shall not exceed those limitations. This bill, commencing July 1, 2027, for a STRS participant subject to the California Public Employees' Pension Reform Act of 2013, would specify those limits for participants whose service is included in federal social security and those whose service is not subject to social security. The bill would make those provisions subject to annual changes in the consumer price index and other conditions. The bill, commencing July 1, 2027, would also redefine various terms applicable to STRS and would make other related changes to those provisions. (11) Existing law, the Public Employees' Retirement Law, creates the Public Employees' Retirement System (PERS) , which is administered by the Board of Administration of the Public Employees' Retirement System. PERS provides defined benefits to its members based on their final compensation, credited service, and age at retirement, subject to certain variations. Existing law establishes the Public Employees' Retirement Fund, which is a trust fund that is appropriated continuously for specified purposes, into which certain moneys are deposited, including employee contributions. Existing law authorizes a member of PERS to elect to receive service credit for certain public service outside the system, including time served employed under specified governmental fellowship programs or as a volunteer in the Peace Corps or AmeriCorps, by making specified contributions to the system. This bill would also authorize a member to receive service credit for public service, not to exceed one year, as a fellow with the California Council on Science and Technology, subject to making the required contributions for that service. Existing law, for purposes of PERS benefits, defines "state safety member" in specified provisions to include officers and employees of certain state departments in listed employment classifications, identified by classification code. This bill would revise those definitions to include officers and employees of the California Correctional Health Care Services in listed classifications. Among other changes, the bill would remove obsolete employment classification references and would update classification terms and codes. (12) Existing law, the County Employees Retirement Law of 1937, authorizes counties to establish retirement systems pursuant to its provisions in order to provide pension benefits to county, city, and district employees and their beneficiaries. Existing law sets forth the membership composition for boards of retirement and boards of investment, as specified. Existing law requires specified members of the retirement board to be active members of the association elected by it. This bill would revise the above provisions to require those board members to be elected by those active members. The bill would also redefine "active member" to specify that it refers to a member in county service, as otherwise defined, and would make related changes to other definitions under that law. Existing law, for the County of Los Angeles, establishes certain legal obligations of the retirement system to its members and their beneficiaries. Existing law specifies that, for purposes of payments into or out of the retirement fund for adjustment of errors or omissions, the period of limitation of actions is 3 years. Existing law also establishes a 10-year period of limitation for cases in which payment is erroneous because of the death of the retired member or beneficiary or because of remarriage or due to fraudulent reports of compensation, as specified. This bill would establish similar obligations applicable for counties other than Los Angeles. The bill would specify that in cases in which payment is erroneous because of the death of the retired member or beneficiary or because of the remarriage of the beneficiary, the period of limitation of actions shall be 10 years. The bill would also provide a 10-year limitation period for cases in which payment has been made as a result of fraudulent reports, as specified. The bill would make various other related and conforming changes to these retirement provisions. (13) By increasing the contributions to continuously appropriated retirement funds, the bill would make an appropriation.
The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) for the purpose of providing pension benefits to specified public employees and prescribes the rights and duties of members and annuitants of the system. PERL vests management and control of PERS in the Board of Administration. PERL authorizes the board, during the course of an audit, to require each state employer, school employer, including each school district represented by a school employer, and contracting agency to provide information as deemed necessary by the board to determine eligibility for, and the correctness of, retirement benefits, reportable compensation, enrollment in, and reinstatement to this system. PERL requires the board, before initiating an audit, to notify the subject of the audit of the estimated time required to completion. This bill would require the board, before initiating an audit, to list specific information about the audit on its internet website and provide written notice to the affected state employer, school employer, including each school district represented by a school employer, or contracting agency. The bill would specify the distribution of the notice, the final audit report, and a list of members affected by the final audit report, between the board, a state employer, school employer, or contracting agency, and any exclusive representative.
