Sen. Lola Smallwood-Cuevas

Former law, until July 1, 2023, established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force) . Former law required the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. This bill would establish the California American Freedmen Affairs Agency in state government, under the control of the secretary, who would be appointed by the Governor and confirmed by the Senate. The bill would require the agency to implement the recommendations of the Task Force, as approved by the Legislature and the Governor. The bill would require the agency, as part of its duties, to determine how an individual's status as a descendant would be confirmed. The bill would also require proof of an individual's descendant status to be a qualifying criterion for benefits authorized by the state for descendants. To accomplish these goals, the bill would require the agency to be comprised of a Genealogy Office and an Office of Legal Affairs. The bill would further require the agency to oversee and monitor existing state agencies and departments tasked with engaging in direct implementation of the policies that fall within the scope of the existing state agencies' and departments' authority, including policies related to reparations. Existing law prohibits a state agency, with certain exceptions, from employing any in-house counsel to act on behalf of the state agency or its employees in any judicial or administrative adjudicative proceeding in which the agency is interested, or is a party as a result of office or official duties, or contracting with outside counsel for any purpose. This bill would exempt the California American Freedmen Affairs Agency from the above-described prohibition.

(1) Existing law provides that a person who willfully disturbs a public school or a public school meeting is guilty of a misdemeanor and subject to a fine of not more than $500. This bill would exempt from those misdemeanor and fine provisions a person who, at the time of the disturbance, is a pupil of the school district. (2) Existing state law requires the principal of a school or the principal's designee to notify the appropriate law enforcement authorities of the county or city in which the school is situated of certain acts committed by a pupil that may be unlawful, including, among others, the selling or possession of narcotics or other designated controlled or regulated substances, and acts of assault, as specified. This bill instead would eliminate the requirement that the principal or principal's designee notify the appropriate law enforcement authorities of possession of designated controlled or regulated substances by a pupil. The bill would require that the principal or principal's designee notify the appropriate law enforcement authorities if a pupil's act requires notification pursuant to the federal Gun-Free Schools Act of 1994, which conditions certain federal funding on a criminal or juvenile delinquency referral policy for a student who brings a firearm or weapon to a school.

This measure would recognize May 2024 as Black Lives Matter Month, recognizing the profound impact of the movement, recommitting to the principles of justice and equality, and calling upon all states to follow in proclaiming their support for a society where truly, Black Lives Matter.

(1) Existing law requires that, except as specified, not less than the general prevailing rate of per diem wages, determined by the Director of Industrial Relations, be paid to workers employed on public works projects. Existing law defines the term "public works" for purposes of requirements regarding the payment of prevailing wages to include construction, alteration, demolition, installation, or repair work done under contract and paid for using public funds, except as specified. Existing law makes a willful violation of laws relating to the payment of prevailing wages on public works a misdemeanor. This bill would, for public works contracts advertised for bid or awarded on or after January 1, 2026, expand the definition of "public works" to include an offsite, custom fabrication of sheet metal ducts for heating, ventilation, and air conditioning systems produced as a nonstandard item solely and specifically designed and engineered for installation in a project, as specified. The bill would require a contractor engaging a third-party, offsite fabrication facility to fabricate custom sheet metal ducts for a public works project to enter into a contract with the facility that requires compliance with specified public works laws. The bill would require certified copies of payroll records for the offsite, custom fabrication of sheet metal ducts to be accompanied by a written time record of that work certified by each employee performing the work. By expanding the scope of a crime, the bill would impose a state-mandated local program. (2) Existing law requires the Labor Commissioner, after determining there has been a violation of prevailing wage requirements, to issue a civil wage and penalty assessment to the contractor or subcontractor, or both. Existing law requires that a contractor and subcontractor be jointly and severally liable for amounts due. This bill would require, commencing January 1, 2026, wages or penalties assessed for violations at the above-described offsite facility to be assessed jointly and severally against the contractor and subcontractor installing the ducts. The bill would authorize the contractor or subcontractor to seek indemnity for those penalties from the offsite facility. (3) Existing law generally requires a contractor or subcontractor to be registered with the Department of Industrial Relations to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public works contract. Existing law requires a contractor or subcontractor to meet specific conditions to qualify for this registration. This bill would, commencing January 1, 2026, exempt the above-described offsite or out-of-state fabrication facilities from the registration requirement if the contractor or subcontractor they fabricate for is registered and qualified. (4) Existing law generally requires that not less than the general prevailing rate of per diem wages in the locality where work for the public work project is performed be paid to workers employed on a public works project that exceeds $1,000. (5) This bill would incorporate additional changes to Section 1743 of the Labor Code proposed by AB 2705 to be operative only if this bill and AB 2705 are enacted and this bill is enacted last. This bill would, commencing January 1, 2026, instead require the general prevailing rate of per diem wages to be based on the locality where the public work project is located. (6) 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.

Existing law requires the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty for a certificated employee or an academic employee of the district who is required to be absent from duty because of pregnancy, miscarriage, childbirth, and recovery from those conditions. Existing law authorizes the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty as it deems appropriate for a female employee in the classified service of the district who is required to be absent from duty because of pregnancy or convalescence following childbirth. Existing law authorizes a governing board to adopt rules and regulations about leaves of absence for classified employees for these purposes, and authorizes a governing board to provide in the rules and regulations whether the leave granted shall be with or without pay, as provided. Commencing January 1, 2028, and only if an appropriation is made for these purposes in the annual Budget Act or another statute, this bill would delete the latter provisions authorizing a governing board of a school district and the governing board of a community college district to adopt those rules and regulations. The bill instead would require a public school employer to, for a certificated employee or an employee in the classified service of the public school employer, and would require a community college district to, for an academic employee or an employee in the classified service of the community college district, provide up to 14 weeks of a leave of absence with specified pay benefits for an employee who is required to be absent from duty because of pregnancy, miscarriage, childbirth, termination of pregnancy, or recovery from those conditions, as provided. The bill would authorize the paid leave to begin before and continue after childbirth if the employee is actually disabled by pregnancy, childbirth, termination of pregnancy, or a related condition. The bill would prohibit a leave of absence taken pursuant to these provisions from being deducted from other leaves of absence, as provided.

This measure would recognize August 26, 2024, as Women's Equality Day and its historic importance to women's rights, including the battle to attain those rights in the past, present, and future.

Existing law provides that a juvenile hearing officer may hear and dispose of any case in which a minor under the age of 18 years is alleged to have committed any one of specified misdemeanors or infractions. In those cases, the juvenile court is known as the Informal Juvenile and Traffic Court. Existing law establishes the Expedited Youth Accountability Program, operative in Los Angeles County, and in other counties upon approval of the board of supervisors, as specified. The program provides for the issuance of citations requiring the appearance of minors not detained for any felony or misdemeanor offense, and not cited to the Informal Juvenile and Traffic Court, before the juvenile court. This bill would modify the ages that a person must be to fall under the jurisdiction of the Informal Juvenile and Traffic Court and Expedited Youth Accountability Program to between 12 years of age and 17 years of age, inclusive.

Existing law imposes certain requirements on grocery employers, as defined, upon the purchase or change in control of a grocery establishment, including requiring a successor grocery employer to retain eligible grocery workers for a specified period after transfer of the grocery establishment. This bill would prohibit a grocery retail store or a retail drug establishment, as those terms are defined, from providing a self-service checkout option for customers unless specified conditions are satisfied, including having no more than 2 self-service checkout stations monitored by any one employee and requiring the employee to be relieved of all other duties. The bill would require a grocery retail store or retail drug establishment that offers self-service checkout to include self-service checkout in the employer's illness and prevention program, as required by Division of Occupational Safety and Health regulations. The bill would require a grocery retail store or retail drug establishment that intends to implement consequential workplace technology, as defined, to notify workers, their collective bargaining representatives, and the public at least 60 days in advance of the implementation of the technology with a general description of the technology and the intended purpose of the technology, as specified. This bill would establish remedies and penalties for a violation of the bill's provisions, including a civil penalty of $100 for each day in violation, not to exceed an aggregate penalty of $10,000.

(1) The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties relating to the regulation of drinking water to protect public health. Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law requires the state board to annually adopt a fund expenditure plan, as provided, and requires expenditures from the fund to be consistent with the fund expenditure plan. Existing law requires the state board to base the fund expenditure plan on data and analysis drawn from a specified drinking water needs assessment. This bill would require the state board to update a needs analysis of the state's public water systems to include an assessment, as specified, of the funds necessary to provide a 20% bill credit for low-income households served by community water systems with fewer than 3,300 service connections and for community water systems with fewer than 3,300 service connections to meet a specified affordability threshold on or before July 1, 2026, and on or before July 1 of every 3 years thereafter. (2) Existing law requires the state board, by January 1, 2018, to develop a plan for the funding and implementation of the Low-Income Water Rate Assistance Program. Existing law requires the plan to include, among other things, a description of the method for collecting moneys to support and implement the program and a description of the method for determining the amount of moneys that may need to be collected from water ratepayers to fund the program. This bill would require qualified systems, defined as any retail water supplier that serves over 3,300 residential connections, to begin providing water rate assistance to eligible ratepayers, defined to mean a low-income residential ratepayer with an annual household income that is no greater than 200% of the federal poverty guideline level, on or before July 1, 2027. The bill would require a qualified system to automatically enroll an eligible ratepayer in the water rate assistance program if available information, which includes, among other things, authorizing a ratepayer to confirm eligibility by self-certification made under penalty of perjury, indicates that they are qualified to receive assistance and provide a water bill credit, as specified. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require a qualified system, on or before September 1, 2026, to provide an opportunity for each ratepayer to provide a voluntary contribution as part of the ratepayer's water bill to provide funding for the qualified system's water rate assistance program. The bill would require a qualified system to recommend a voluntary contribution amount on the bill of each ratepayer, other than an eligible ratepayer, at a level intended to raise sufficient funding to provide a bill credit to eligible ratepayers, pay for the qualified system's administrative costs to implement the program beginning January 1, 2025, and establish a balancing account if the qualified system chooses to do so. The bill would require a qualified system to notify ratepayers of the voluntary contribution on the water bill and provide each ratepayer the option and method of opting out of the voluntary contribution, as specified. The bill would also prohibit a qualified system from sanctioning or holding liable a ratepayer in any manner for not paying the voluntary contribution. The bill would authorize a qualified system to use any state or federal funds that are available to support a ratepayer assistance program by offsetting or supplementing the funds collected from voluntary contributions. The bill would authorize the Attorney General to bring an action in state court to restrain the use of any method, act, or practice in violation of these provisions, except as provided. (3) 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.

Existing law establishes the California Violence Intervention and Prevention Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. Existing law establishes the Youth Reinvestment Grant Program within the Board of State and Community Corrections to grant funds, upon appropriation, to local jurisdictions and Indian tribes for the purpose of implementing trauma-informed diversion programs for minors, as specified. Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as provided. Existing law requires the State Department of Public Health, in cooperation with the State Department of Education, to establish a Public School Health Center Support Program, upon appropriation by the Legislature, to assist school health centers, which are defined as centers or programs, located at or near local educational agencies, that provide age-appropriate health care services at the program site or through referrals, as specified. This bill would create the Community Violence Interdiction Grant Program to be administered by the California Health and Human Services Agency to provide funding to local community programs for community-driven solutions to decrease violence in neighborhoods and schools. The bill would specify the types of programs the grant funds may be used for, including, but not limited to, programs that create and enhance recreation- and health-based interventions for youth during peak times of violence and the creation and operation of school-based health centers. The bill would require the agency to develop an application process and criteria for funding and would require the agency to administer the grant program, as specified. The bill would require, beginning July 31, 2025, and annually thereafter, the Director of Finance and the Legislative Analyst's Office to calculate the savings to the state from the closure of state prisons, as specified, and would require the Director of Finance to certify the results of the calculation to the Controller no later than August 1 of each fiscal year. The bill would create the Community Violence Interdiction Grant Fund and would require moneys in the fund to be made available, only upon appropriation by the Legislature, to the agency for the purposes of the Community Violence Interdiction Grant Program. The bill would require that the Controller, before August 15, 2025, and annually thereafter, upon appropriation by the Legislature, transfer from the General Fund to the Community Violence Interdiction Grant Fund the total amount of savings from the closure of state prisons so calculated.