Rep. Lisa Calderon

(1) The United States and California Constitutions guarantee all persons the right to equal protection of the laws. The California Constitution further recognizes the right of all persons to pursue and obtain safety, happiness, and privacy, guarantees an individual's reproductive freedom in their most intimate decisions, and prohibits disqualification of a person from entering or pursuing a business, profession, vocation, or employment because of, among other things, sex. This bill would require, under all state laws, that any provision that prohibits discrimination on the basis of sex, discrimination on the basis of gender, or similar discrimination be interpreted to prohibit sex discrimination. The bill would define "sex discrimination" to include, among other things, discrimination based on any of specified actual or perceived characteristics or actions, including based on degree of conformity to sex or gender stereotypes. This bill would provide that this interpretation reflects the existing protections of specified state constitutional laws, as described above. The bill would require these provisions to be liberally construed to effectuate the purposes of these constitutional protections. The bill would make related findings and declarations. (2) Existing law, the Unruh Civil Rights Act (act) , provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability status, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status. That act defines "sex" to include, among other things, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. This bill would further define, for purposes of the act, "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (3) Existing law, the California Fair Employment and Housing Act (FEHA) , makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the Civil Rights Department. The FEHA defines various terms in connection with unlawful practices, including the term "sex." This bill would further define "sex" to include any characteristics set forth under the above-described definition of "sex discrimination." (4) This bill would incorporate additional changes to Section 51 of the Civil Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by AB 1940 to be operative only if this bill and AB 1940 are enacted and this bill is enacted last. (5) This bill would include certain provisions that become operative only if AB 1940 is enacted and takes effect on or before January 1, 2027, and amends Section 12926 of the Government Code. In that regard, the bill would expand the above-described definition of "sex discrimination" to include discrimination based on actual or perceived perimenopause, menopause, or postmenopause or medical conditions related to perimenopause, menopause, and postmenopause.

This measure would call on Congress to enact legislation that restores and strengthens the full protections of the Voting Rights Act of 1965, and it would call on the President to sign the legislation.

Existing law designates specific days as holidays in this state. Existing law designates holidays on which community colleges and public schools are authorized to close pursuant to a memorandum of understanding between the governing board and represented employees, including Cesar Chavez Day on March 31. Existing law entitles state employees, with specified exceptions, and authorizes certain community college and public school employees, to be given time off with pay for specified holidays, as specified. Existing law redesignates March 31 as Farmworkers Day instead of Cesar Chavez Day, and requires the Governor to annually proclaim March 31 as Farmworkers Day. This bill would remove the designation of March 31 as Cesar Chavez Day for purposes of holidays on which community colleges and public schools are authorized to close, and instead authorize community colleges and public schools to close on April 10, known as Farmworkers Day, as specified. The bill would revise the provisions related to state employees, certain community college employees, and public school employees to instead apply to Farmworkers Day, as specified. The bill would also make conforming changes to designate April 10 as Farmworkers Day, and require the Governor to annually proclaim April 10 as Farmworkers Day. Existing law designates August 26 as California Farmworker Day, and requires the Governor to annually proclaim August 26 as California Farmworker Day. This bill would repeal the provisions relating to California Farmworker Day. This bill would incorporate additional changes to Sections 45203, 79020, and 88203 of the Education Code proposed by AB 2017 to be operative only if this bill and AB 2017 are enacted and this bill is enacted last. The bill also would incorporate additional changes to Section 6700 of the Government Code proposed by AB 2017 and AB 2294 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. The bill further would incorporate additional changes to Sections 19853 and 19853.1 of the Government Code proposed by AB 1841 and AB 2017 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.

Existing law, the Protecting Our Kids from Social Media Addiction Act, prohibits an operator of an addictive internet-based service or application from providing an addictive feed, as defined, to a user unless the operator does not have actual knowledge that the user is a minor, as specified, or the operator has obtained verifiable parental consent to provide an addictive feed to the user who is a minor. Existing law, the Digital Age Assurance Act, beginning January 1, 2027, requires a person who owns, maintains, or controls a software application, as defined, to request age bracket data sent by a real-time secure application programming interface or operating system with respect to a particular user from an operating system provider or a covered application store when the application is downloaded and launched. This bill would prohibit a covered platform, as defined, from providing an addictive feature, as defined, to a user who is under 16 years of age and would require a covered platform to implement reasonable measures to ensure that users under 16 years of age are not offered or provided any addictive feature on the covered platform. The bill would also authorize the Attorney General to adopt regulations to implement and enforce the bill in order to further the purpose of protecting minors online, including by altering the scope of "covered platform" if the Attorney General determines that doing so is necessary to ensure that "covered platform" applies to internet websites, online services, online applications, or mobile applications that make addictive features, as defined, available to users under 16 years of age. This bill would impose a civil penalty upon a noncompliant platform and would require its provisions to be enforced by a civil action brought only by the Attorney General or a local public prosecutor, as specified. This bill would also establish the e-Safety Advisory Commission within the Department of Justice as an independent advisory body that is only for administrative purposes to advise state government on certain matters related to online safety and would require the commission to, on or before January 1 of each year, report to the Legislature and the Governor on, among other things, its activities under the bill.

Existing law requires, until July 1, 2027, the Attorney General, or their designee, to engage in reviews of county, local, or private locked detention facilities in which noncitizens are being housed or detained for purposes of civil immigration proceedings in California, and, on or before March 1, 2019, to conduct a review of these facilities, as specified, including a review of the circumstances of apprehension and transfer. Existing law also requires the Department of Justice to provide, during the budget process, updates and information to the Legislature and the Governor, concerning the reviews, as provided and pursuant to a specified date. Existing law requires the comprehensive report to be completed by March 1, 2019, and to be posted on the Attorney General's internet website and made available to the public, as provided. Existing law makes these provisions inoperative on July 1, 2027, and repeals those provisions January 1, 2028. This bill would delete all dates specified above, including inoperative and repeal provisions, thereby indefinitely extending those provisions, and would delete the requirement for the review to include an individual's circumstances of apprehension and transfer. The bill would also make nonsubstantive changes.

The Public Employees' Retirement Law (PERL) establishes the Public Employees' Retirement System (PERS) to provide a defined benefit to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law creates the Public Employees' Retirement Fund, which is continuously appropriated for purposes of PERS, including depositing employer and employee contributions. Under the California Constitution, assets of a public pension or retirement system are trust funds. The California Public Employees' Pension Reform Act of 2013 (PEPRA) establishes a variety of requirements and restrictions on public employers offering defined benefit pension plans. In this regard, PEPRA restricts the amount of compensation that may be applied for purposes of calculating a defined pension benefit for a new member, as defined, by restricting it to specified percentages of the contribution and benefit base under a specified federal law with respect to old age, survivors, and disability insurance benefits. 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. This bill, for service performed on and after January 1, 2027, would prohibit the pensionable compensation for calendar year 2027 used to calculate the defined benefit paid to a new member of a retirement system subject to PEPRA who retires from the system from exceeding specified percentages of the contribution and benefit base under the specified federal law with respect to old age, survivors, and disability insurance benefits. The bill would make related, conforming changes to these provisions on pensionable compensation. The bill also would require a new member of STRS to be subject to specified limits of the Teachers' Retirement Law. PEPRA requires each retirement system that offers a defined benefit plan for safety members of the system to use one of 3 formulas for safety members, 2% at age 57, 2.5% at age 57, or 2.7% at age 57. This bill would establish new retirement formulas, for employees first hired on or after January 1, 2027, as 2.5% at age 55, 2.7% at age 55, or 3% at age 55, subject to certain exceptions. For new members hired on or after January 1, 2013, who are safety members, the bill would require employers to adjust the formulas for service performed on or after January 1, 2027, to offer the formula that has the same fraction at age 55 as the fraction at age 57 in the formula the employer offered pursuant to existing law. The bill would authorize a public employer and a recognized employee organization to negotiate a prospective increase to the retirement benefit formulas for safety members and new safety members, consistent with the formulas permitted under PEPRA, including the new formulas described above. This bill would authorize an employer and its employees to agree in a memorandum of understanding to be subject to a higher safety plan or a lower safety plan, subject to certain requirements, including that the memorandum of understanding is collectively bargained in accordance with applicable laws. By increasing the contribution to continuously appropriated funds, and by increasing expenditures from those funds, this bill would make an appropriation.

The California FAIR Plan Association is a joint reinsurance association in which all insurers licensed to write basic property insurance participate to administer a program for the equitable apportionment of basic property insurance for persons who are unable to obtain that coverage through normal channels. Existing law requires the association to implement programs to help reduce the number of existing FAIR Plan policies, including clearinghouse programs in which a participating insurer offers homeowners or commercial insurance to FAIR Plan policyholders. Existing law requires an agent or broker transacting basic property insurance to assist a person in obtaining basic property insurance coverage by one of several specified methods, including making an application for insurance through the FAIR Plan. On and after January 1, 2028, this bill would authorize the association to share policyholder information with insurers participating in the clearinghouse program, as specified, to allow a participating insurer to offer a policy to a FAIR Plan policyholder and, if there is an agent or broker of record listed on the policy, would require the insurer to make the offer simultaneously to the agent or broker of record and the FAIR Plan policyholder. Commencing May 1, 2027, the bill would require a participating insurer to report to the association on a quarterly basis the number of policies it has issued to FAIR Plan policyholders. The bill would require the association to report aggregated numbers within 30 days, as specified, and post and quarterly update on its internet website a list of participating insurers in the clearinghouse programs. The bill would require the association to provide all policyholders with a notice regarding their coverage options at least annually, including with the initial policy issuance and upon each renewal. The bill would require an agent or broker transacting basic property insurance to assist a person in obtaining basic property insurance coverage by providing the person with information on the clearinghouse programs, among other specified assistance. The bill would require the association to require registered agents and brokers to complete the association's department-approved training on the association's and the broker's responsibility to advise policyholders on the voluntary market options. This bill would incorporate additional changes to Section 10095 of the Insurance Code proposed by AB 1680 to be operative only if this bill and AB 1680 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 10095.5 of the Insurance Code proposed by AB 2061 to be operative only if this bill and AB 2061 are enacted and this bill is enacted last.

(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.

Existing law generally provides for the regulation of law enforcement agencies and requires specified law enforcement agencies to maintain policies on, among other things, use of force, hate crimes, and gun violence restraining orders. Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with certain conditions. This bill would make it unlawful for a law enforcement officer to deny, delay, obstruct, or fail to facilitate access to medical evaluation or treatment for an individual under law enforcement control, but who is not in the custody of, or detained by, the Department of Corrections and Rehabilitation, if it is safe and reasonable to provide access to treatment and a medical professional has been requested or is present and is willing to render care to the individual. If access to medical evaluation or treatment is denied or delayed when a medical professional is present and is willing to assist, the bill would require law enforcement to document the basis of the denial within 72 hours of the incident, as specified. The bill would authorize administrative discipline, including suspension or termination, against a law enforcement officer who violates those provisions. By creating a new crime and by increasing the duties on local law enforcement relating to reporting, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. This bill, the California Technology Innovation and Ratepayer Protection Act, would require the commission, on or before January 1, 2028, to establish new tariffs or update existing electric rules for the interconnection of participating customer facilities and the provision of retail electric service, transmission, distribution, and generation services to participating customers, as specified. The bill would require the commission, as part of establishing and updating electric rules, to, at a minimum, evaluate the risks and benefits of the tariffs to nonparticipating customers, ensure that the tariffs prevent the creation of stranded costs for, or cost shifts to, nonparticipating customers, and, for unbundled customers, ensure that charges generally included in the generation component of the unbundled customer's consolidated bill are assessed as a separate line item on their bill. The bill would require, as part of a new or existing proceeding, the commission to establish a tariff for the interconnection of a participating customer seeking to receive retail electric service at the transmission level that meets certain requirements, as specified. The bill would authorize a participating customer to participate in a new demand response program authorized by the commission, as specified. The bill would authorize an electrical corporation to submit an exceptional case filing to approve a contract between the electrical corporation and a data center seeking interconnection at the transmission level for those facilities that seek to obtain retail electric service after January 1, 2027, but before the commission has approved the tariff, as specified. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the above provisions would be a part of the act, and a violation of a commission action implementing this bill's requirements would be a crime, 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 no reimbursement is required by this act for a specified reason.