Employment: refineries: task force.

The task force's purpose was changed from developing 'a set of standards and best practices for retaining safe staffing levels at refineries' to developing 'potential methods and strategies for ensuring maximum employee retention at refineries.' The task force no longer produces binding standards.

In Section 25534.07 (Health and Safety Code), the requirement that refinery plans must 'at minimum, adhere to the standards and best practices' produced by the task force within 6 months of their presentation (or by January 1, 2030) is removed. Refinery operators no longer face a compliance obligation tied to task force output.

In Section 7856(c)(1)(B) (Labor Code), the parallel requirement that plans must adhere to task force standards and best practices is removed, with the remaining subparagraphs renumbered accordingly.

The task force deliverable was simplified from two items (a set of standards AND a supporting report documenting facts, analysis, and investigation) to a single report documenting potential methods and strategies for employee retention, safe operation during understaffing, and worker transition.

The state-mandated local program designation in the fiscal note appears to have changed from 'yes' to 'no,' consistent with the removal of the standards-adherence requirement that would have imposed additional obligations on local agencies.

The document was reformatted from a traditional printed legislative layout (with line numbers, page headers/footers, and column formatting) to a web-based presentation format with navigation links and a different visual structure. No substantive policy language was changed.

The bill now covers refinery worker safety during closures in addition to its original purpose of promoting zero-emission cargo handling equipment at seaports. It adds new provisions to the Health and Safety Code (Section 25534.07), amends the Labor Code (Section 7856), and adds a new chapter to the Labor Code (Section 7875).

The state-mandated local program designation changed from 'no' to 'yes' because the bill now expands the scope of a crime (adding new enforcement/citation authority for refinery staffing plan violations).

CalEPA must adopt regulations by January 1, 2028, requiring all refineries (including those subject to the Accidental Release Prevention Program) to develop safe staffing management plans that include the maximum amount of reasonably feasible employee retention strategies and procedures to address understaffing risks associated with anticipated refinery closure or long-term idling.

The Cal/OSHA division must propose, and the Occupational Safety and Health Standards Board must consider for adoption, regulations by January 1, 2028, requiring all refinery employers to develop safe staffing management plans with the same content requirements as the CalEPA regulations.

Refinery safe staffing plans must adhere to the task force standards within 6 months of their presentation to the Legislature or by January 1, 2030, whichever is earlier, unless the operator presents evidence justifying deviation. Plans must be updated periodically and upon announcement of closure or long-term idling.

A Refinery Safe Staffing Task Force of 14 members (union representatives, employer representatives, NGO representatives, and public members) must be appointed and begin service no later than January 1, 2028. It must present standards and best practices to the Legislature by June 1, 2029. The task force becomes inoperative on July 1, 2029, and is repealed as of January 1, 2030.

Both CalEPA and Cal/OSHA are given authority to conduct inspections and investigations to ensure plan implementation, address noncompliance through all available enforcement authority including citations, and require public comment periods of at least 30 days on draft plans. Plans and updates must be posted on the respective agency websites.

A no-reimbursement provision was added stating that no reimbursement is required under Article XIII B of the California Constitution because the only costs incurred by local agencies result from the creation of a new crime or change in penalty.

The cargo handling equipment pilot program title was shortened from 'Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program' to 'Lower Emissions Cargo Handling Equipment Pilot Program,' and minor wording edits were made throughout that section (e.g., removing 'programs implemented by the state board' from a useful-life certainty provision).

The entire Lower Emissions Cargo Handling Equipment Pilot Program (Health and Safety Code Chapter 6, Sections 39900-39904) is deleted. This program would have protected zero-emission cargo handling equipment at seaports and intermodal yards from future regulatory restrictions during its useful life if purchased before December 31, 2027.

The Refinery Safe Staffing Task Force's purpose is expanded beyond developing standards for safe staffing levels. It now must also document 'potential methods and strategies for ensuring maximum employee retention at refineries and addressing employment dislocations associated with oil, gas, and related industries.'

The task force's required report to the Legislature (due by June 1, 2029) is expanded to include strategies for 'transitioning oil and gas workers into sectors that match their skills and experience,' broadening the focus from refinery-specific retention to workforce transition planning.

The state-mandated local program designation changes from 'no' to 'yes,' meaning the bill now imposes costs on local agencies or school districts that trigger state reimbursement obligations under Article XIII B of the California Constitution.

The program was renamed from 'Lower Emissions Equipment at Seaports and Intermodal Yards Program' to 'Lower Emissions Cargo Handling Equipment at Seaports and Intermodal Yards Program Pilot Program,' explicitly designating it as a pilot program.

A new section (39905) adds a savings clause stating the chapter does not preclude the board from adopting future emission standards.

New legislative findings and intent sections were added specifically referencing the European Union's Regulation (EU) 2019/1242 as the benchmark for zero-emission standards, and stating that the state should not penalize voluntary adoption of those standards by prohibiting equipment use before end of useful life.

The definition of cargo handling equipment was narrowed: excavators and dozers were removed from the included list, straddle carriers were added, equipment licensed as an on-road vehicle was explicitly excluded, and all covered equipment must now meet a CO2 emission performance standard of less than 1 g CO2/kWh or less than 1 g CO2/km.

A new section (39902) requires that between purchase and delivery, the manufacturer must certify the equipment meets the sub-1 g CO2 emission standard, obtain independent third-party validation of that certification, physically affix a label reading 'Purchased pursuant to the Lower Emissions Cargo Handling Equipment Pilot program' with purchase and expected delivery dates, and produce written copies of all documentation.

A new section (39902.1) requires that equipment maintain its pilot program labeling at all times after delivery.

A new section (39903) requires that equipment include a manufacturer description or warrant of useful life at the time of delivery, and that equipment lacking such documentation is not protected by the chapter. It also caps the protected useful life at the average useful life for port or rail operations as specified in Table II-6 of CARB's Emission Estimation Methodology.

The protection provision (now 39904) was modified to specify that the useful life runs 'from the date of delivery' and that equipment must be 'subsequently certified, operated, and maintained pursuant to the terms of this chapter for the duration of its entire useful life' to retain protection.

A new section (39906) declares the chapter self-executing, meaning it does not require implementing or interpretive rulemaking by CARB or any other agency to become operative.