This measure would urge the federal Office of Management and Budget to update its Uniform Guidance in order to improve job creation, quality, and equity.
Existing law requires a manufacturer of carpets sold in this state to submit, either individually or through a carpet stewardship organization, a carpet stewardship plan that meets specified requirements to the Department of Resources Recycling and Recovery, and requires the department to approve or disapprove the plan. Existing law imposes a carpet stewardship assessment per unit of carpet sold in the state that is remitted by carpet manufacturers to the carpet stewardship organization and may be expended to carry out the organization's carpet stewardship plan. Existing law requires the carpet stewardship plan to provide sufficient funding to carry out the plan, including for grants to state-approved apprenticeship programs for training apprentice and journey-level carpet installers in proper carpet recycling practices. This bill would, commencing with the July 1, 2024, fiscal year require a carpet stewardship organization to make available up to 10% percent of the assessments collected for the sale of carpet for use in California for grants to apprenticeship programs for training apprentice and journey-level carpet installers in proper carpet recycling practices, as provided.
Existing law, the Investigative Consumer Reporting Agencies Act, prohibits certain persons, including a person intending to use an investigative consumer report for employment purposes, from procuring or causing to be prepared the report unless certain conditions are met. Under that act, one of those conditions require the person procuring or causing the report to be made to provide a clear and conspicuous disclosure in writing to the consumer, at any time before the report is procured or caused to be made and in a document that consists solely of the disclosure, certain information. This bill would require that information to also include either all laws and regulations that impose restrictions or prohibitions for employment on the basis of a conviction, if any, or all the specific job duties of the position for which a conviction may have a direct and adverse relationship that has the potential to result in an adverse employment action, as described. Existing law, the California Fair Employment and Housing Act (FEHA) , prohibits an employer from engaging in various defined forms of discriminatory employment practices, including with respect to denial of applicants because of their criminal history (existing criminal history discrimination provisions) . Existing law provides it is an unlawful employment practice under FEHA for an employer with 5 or more employees to, among other things, include on any application for employment any question that seeks the disclosure of an applicant's conviction history, to inquire into or consider the conviction history of an applicant until that applicant has received a conditional offer, and, when conducting a conviction history background check, to consider, distribute, or disseminate information related to specified prior arrests, diversions, and convictions. Existing law requires an employer who intends to deny an applicant a position of employment solely or in part because of the applicant's conviction history to make an individualized assessment of whether the applicant's conviction history has a direct and adverse relationship with the specific duties of the job, and to consider certain topics when making that assessment, as described. This bill would enact the Fair Chance Act, which would revise, recast, and expand the above-described unlawful employment practices, individualized assessments, and associated remedies, as provided. The bill, among other things, would make it an unlawful employment practice to take adverse action against an employee or discriminate against an employee on the basis of their preemployment arrest or conviction history, except as provided, or to end an interview, reject an application, or otherwise terminate the employment, transfer, or promotion application process based on conviction history information provided by the applicant or learned from any other source, until after the employer, as defined, has made a conditional offer of employment, transfer, or promotion to the applicant. The bill would require an employer to post clear and conspicuous notice informing applicants and employees of certain information, including the act, as described. This bill would require an employer to retain specified records relating to an applicant's employment, transfer, or promotion applications and the individualized assessments and would require employers to provide or provide access to the records and documents to the Civil Rights Department in any administrative enforcement proceeding, as provided, or to the applicant. The bill would provide that any record or document retained or received by a local agency employer or the department is confidential and not subject to disclosure under the California Public Records Act, except as specified. By imposing additional prohibitions on local agencies, the bill would impose a state-mandated local program. This bill would set forth, among other remedies, a training requirement and civil penalties based on the recurrence of the violation and employer size. The bill would set forth procedures for imposing civil penalties and for complainants to make claims for those penalties with the department. The bill would establish the Fair Chance Act Enforcement Fund and make moneys in the fund available to the department upon appropriation for purposes of administering and enforcing the act. The bill would establish the Fair Chance Act Recovery Fund and would make moneys in the fund available to the department upon appropriation for purposes of paying claims made by complainants. This bill would require the department to issue rules and regulations regarding when an employer action constitutes a violation of the act for purposes of imposing civil penalties and for purposes of the additional remedies and penalties under the FEHA. The bill would also require the department to annually publish a report containing statistics regarding the total number of penalties issued pursuant to the act, as described. This bill would provide the existing criminal history discrimination provisions are operative only through December 31, 2023, but that violations of the existing criminal history discrimination provisions arising from actions prior to January 1, 2024, shall continue to be enforced pursuant to those provisions. The bill would make conforming changes and would make related findings and declarations. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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 provides that the supervision, management, and control of the state prisons, and the responsibility for the care, custody, treatment, training, discipline, and employment of persons confined therein are vested in the Secretary of the Department of Corrections and Rehabilitation. Existing law requires the secretary to provide facilities and licensed professional personnel for a psychiatric and diagnostic clinic and any such branches thereof as may be required at one or more of the state prisons or institutions under the jurisdiction of the department. This bill would require the department to conduct mental health treatment for state prison inmates in a manner to accomplish various goals, including providing, to the greatest extent possible, regular and consistent mental health therapy to inmates who seek it, and ensuring that an inmate is provided an introductory mental health therapy appointment within 2 weeks of the inmate requesting care. The bill would also make Legislative findings and declarations.
Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to undertake various actions in furtherance of meeting the state's clean energy and pollution reduction objectives, including actions related to electric vehicles. Existing law requires the Energy Commission, working with the State Air Resources Board (state board) and the Public Utilities Commission (PUC) , to prepare a statewide assessment of the electric vehicle charging infrastructure needed to support the levels of electric vehicle adoption required for the state to meet its goals of putting at least 5,000,000 zero-emission vehicles on California roads by 2030, and of reducing the emissions of greenhouse gases to 40% below 1990 levels by 2030. This bill would, upon appropriation by the Legislature, require the Energy Commission, in consultation with the PUC, state board, and California Integrated Travel Project, to establish a competitive grant program to award moneys for projects that provide an eligible resident, as described, with a payment card that may be used at any publicly available electric vehicle charging station, as specified. The bill would require the Energy Commission to prioritize projects with the greatest potential to provide payment cards to individuals enrolled in a low-income residential customer electrical rate assistance program and to establish criteria for awarding a grant pursuant to the program, as specified. The bill would authorize the Energy Commission to select an administrator to oversee the program and to adopt, and revise, guidelines or other standards for the program. The bill would require the Energy Commission, on or before 15 months after the program is established, and annually thereafter, to prepare and submit to the Governor and Legislature a report that includes specified information relating to the program.
Existing law, the California Fair Employment and Housing Act, identifies certain acts as unlawful employment practices, including for an employer, because of the race, religious creed, color, or specified other characteristics of the person, to refuse to hire or employ the person, discharge the person from employment, or discriminate against the person in compensation or in terms, conditions, or privileges of employment, except as otherwise specified. This bill would state the intent of the Legislature to enact legislation that would protect workers from discrimination in the workplace.
Existing law establishes adult basic education as the responsibility of high school and unified school districts except in those instances where by mutual agreement the responsibility is assigned to a community college district. This bill would declare the Legislature's intent to enact subsequent legislation relating to the provision of adult educational services.
Existing law, the California Worker Adjustment and Retraining Act, governs relocations, terminations, and mass layoffs. Existing law prohibits an employer from ordering a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives prescribed written notice of the order to specified entities, including the local workforce investment board and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs. Existing law exempts certain types of employment from the act, including seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary (seasonal employment exemption) . Existing law makes an employer who fails to give notice as required liable to each employee entitled to notice who lost their employment for prescribed compensation, calculated for the period of the employer's violation, up to a maximum of 60 days, or 12 the number of days that the employee was employed by the employer, whichever period is smaller. Existing law authorizes the Labor Commissioner to enforce specified provisions of existing law, as prescribed. Existing law defines terms for its purposes, including definitions for the terms "employer" and "employee." Existing law defines "mass layoff" for purposes of the act to mean a layoff during any 30-day period of 50 or more employees at a covered establishment, and defines "covered establishment" as an industrial or commercial facility that employs, or has employed within the preceding 12 months, 75 or more persons. This bill would require the prescribed notice 75 days before the order takes effect, and would make a conforming change to the calculation of employer liability. The bill would modify the requirement for notice to the local workforce investment board and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs to apply only to a termination, relocation, or mass layoff that impacts 50 or more employees at a single location. The bill would require a labor contractor to remit to the employee the payment provided to the client employer in the full amount calculated, as specified, for a violation of the notice requirement, and would define a "labor contractor" for purposes of the act. This bill would additionally require for the application of the seasonal employment exemption that the season be complete. The bill would also exempt from the act employees who are employed by a labor contractor to fulfill the needs of a temporary project with a defined end date and are laid off because of the completion of the temporary employment contract, as specified. This bill would include within the term "employer" a client employer of a labor contractor. The bill would include within the term "employee" a person employed by a labor contractor and performing labor with the client employer for at least 6 months of the 12 months and for at least 60 hours preceding the date on which notice is required. The bill would revise the definition of "covered establishment" to instead mean a place of employment that employs, or has employed within the preceding 12 months, 75 or more persons, and would specify that a "covered establishment" may be a single location or a group of locations, as specified. The bill would revise the definition of "mass layoff" to also include employees reporting to a covered establishment. This bill would prohibit an employer from utilizing compliance with the act in connection with a severance agreement and waiver of an employee's right to claims. The bill would provide that any general release, waiver of claims, or nondisparagement or nondisclosure agreement that is made a condition of the payment of amounts for which the employer is liable is void as a matter of law and against public policy. The bill would prohibit an employer who is required to give notice from offering an employee a separate agreement that includes a general release, waiver of claims, or nondisparagement or nondisclosure agreement, unless the agreement is offered in exchange for reasonable consideration that is in addition to anything of value to which the individual already is entitled and includes a statement to this effect, as specified. The bill would provide that any agreement in violation of this prohibition is void as a matter of law and against public policy, and would make an employer who violates this provision subject to a civil penalty of up to $500 for each violation.
Existing law imposes taxes upon income and real property, as well as taxes upon certain transactions and excise taxes. This bill would, for taxable years beginning on or after January 1, 2024, and before January 1, 2026, impose an annual tax at a rate of 1.5% of a resident of this state's worldwide net worth in excess of $1,000,000,000, or in excess of $500,000,000 in the case of a married taxpayer filing separately. The bill would, for taxable years beginning on or after January 1, 2026, impose an annual tax at a rate of 1% of a resident's worldwide net worth in excess of $50,000,000, or in excess of $25,000,000 in the case of a married taxpayer filing separately. The bill would also impose, for taxable years beginning on or after January 1, 2026, an additional tax at a rate of 0.5% of a resident's worldwide net worth in excess of $1,000,000,000, or in excess of $500,000,000 in the case of a married taxpayer filing separately. The bill would describe worldwide net worth with reference to specific federal provisions and would provide that worldwide net worth does not include specific assets, including personal property situated out of state, directly held real property, or liabilities related to directly held real property. The bill would also authorize the Franchise Tax Board to adopt regulations to carry out these provisions, including regulations regarding the valuation of certain assets that are not publicly traded. The bill would require new certifications by taxpayers, made under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would establish the Wealth Tax Advisory Council. The bill would require the council to determine an adequate level of annual funding and staffing for the administration and collection of the wealth tax imposed by this bill. The bill would provide specific guidelines for what constitutes adequate levels of annual funding and staffing for the administration and collection of a wealth tax. The bill would establish 2 continuously appropriated funds in the State Treasury to cover the expenses of the administration and collection of the wealth tax. Under the bill, the funds would be funded by the greater of either a specified amount or a certain percentage of revenues estimated to be generated by the wealth tax. By establishing new continuously appropriated funds, this bill would make an appropriation. Existing law, the False Claims Act, provides that any person who commits specified acts, including, but not limited to, knowingly presenting a false or fraudulent claim for payment or approval or knowingly making or using a false record or statement material to a false or fraudulent claim, is liable to the state or to the political subdivision for 3 times the amount of damages that the state or political subdivision sustained because of the act and for the costs of a civil action brought to recover any penalties or damages, and is subject to a civil penalty. That act requires the Attorney General or the prosecuting authority of a political subdivision to diligently investigate violations of those specific acts involving state funds or political subdivision funds, respectively, and authorizes the Attorney General, the prosecuting authority, or a qui tam plaintiff to bring a civil action against a person who commits those acts. That act does not apply to claims, records, or statements made under the Revenue and Taxation Code. This bill would apply the provisions of the False Claims Act to claims, records, or statements made in relation to the wealth tax imposed by the bill, as specified. Existing law generally makes it a misdemeanor for specified persons, including, among others, officers or employees of the state or its political subdivisions, to disclose information set forth or disclosed in returns, reports, or documents required to be filed under the franchise and income tax laws. This bill would create an exception to these rules in the case of information related to the Wealth Tax, as requested by the University of California or the Wealth Tax Advisory Council, so long as specified information privacy protections are in place, and the request is for a specified purpose. This bill would specify that the tax imposed by the bill shall only become operative if a specified constitutional amendment is approved by the voters and takes effect. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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 Department of General Services to provide centralized services, including, but not limited to, planning, acquisition, construction and maintenance of state buildings and property. Existing law authorizes the Director of General Services, with the consent of the state agency concerned, to lease state-owned real property when the Director of General Services deems that leasing serves a beneficial public purpose limited to the development of housing. This bill would enact the Social Housing Act and would create, in the Department of General Services, the Social Housing Program, the mission of which would be to ensure that qualified social housing developments are produced on leased state property to help address the housing crisis, as specified. The bill would authorize the program to identify and develop up to 3 qualified social housing projects, as specified, with the intent to use the results to inform public policy related to developing an independent public entity to develop statewide qualified social housing. The bill would require the program to solicit bids to develop qualified social housing units, and prioritize bids that demonstrate long-term revenue neutrality or a cost rent model, as those terms are defined. The bill would require the program to employ 2 different leasing models, the rental model and the ownership model, as specified, in creating social housing. The bill would prohibit a city or county from denying a social housing development authorized under the program. The bill would authorize a city or county to propose objective design review standards, as specified, and authorize a city or county to propose modifications to mitigate any specific, adverse impacts on public health or safety, as specified.
