GOOD AFTERNOON, EVERYONE.
WELCOME TO THE ASSEMBLY LABOR
AND EMPLOYMENT COMMITTEE
HEARING, SERGEANT, PLEASE CALL
THE ABSENT MEMBERS, SEEING ONE
OF OUR, AUTHORS HERE, WE'RE
GOING TO GO AHEAD AND GET
STARTED AS A SUBCOMMITTEE,
ASSEMBLY MEMBER THREE OF US. WE
WILL START WITH, YOU HAVE TWO
BILLS BEFORE US TODAY, SO WE
WILL START WITH AB2, THREE, SIX,
FOUR. GOOD AFTERNOON, MADAM
CHAIR. AND MEMBERS, I WANT TO
START BY THANKING ERIN FOR HER
WORK AND THOUGHTFUL ANALYSIS ON
THIS BILL. AB 2364 IS A FIRST IN
THE NATION BILL THAT WOULD LIMIT
WORKLOADS IN THE JANITORIAL
INDUSTRY AND STRENGTHEN
PROTECTIONS AGAINST SEXUAL
VIOLENCE FACED BY THE LARGELY
FEMALE WORKFORCE AS THEY LABOR
ALONE IN EMPTY BUILDINGS AT
NIGHT. SPECIFICALLY THIS BILL
CREATES A SQUARE FOOTAGE CAP ON
HOW MUCH SPACE A JANITOR CAN BE
ASSIGNED TO CLEAN PER HOUR. IT
ALSO INCREASES FEES FOR SEXUAL
VIOLENCE AND HARASSMENT
PREVENTION TRAINING, ALLOWING
QUALIFIED ORGANIZATIONS TO
EXPAND THEIR TRAINING CAPACITY
AND FREQUENCY. MEMBERS. JANITORS
ARE ESSENTIAL WORKERS. THEY ARE
AT THE FRONT LINES PROTECTING US
FROM DISEASES, WORKING AROUND
THE CLOCK TO KEEP OUR GROCERY
STORES, OFFICE BUILDINGS, AND
PUBLIC SPACES CLEAN AND SANITIZE
FOR US TO USE. UNFORTUNATELY,
OUR JANITORS ARE EXPOSED TO
FREQUENT INJURIES, VIOLENCE, AND
DISRESPECT IN THE WORKPLACE. IN
2022, A STUDY BY THE CALIFORNIA
DEPARTMENT OF INDUSTRIAL
RELATIONS HIGHLIGHTED THE BRUTAL
CONDITIONS THAT JANITORS FACE ON
THE JOB, INCLUDING THE FACT THAT
ROUGHLY ONE THIRD OF JANITORS IN
CALIFORNIA WERE INJURED ON THE
JOB LAST YEAR. THE STUDY ALSO
FOUND THAT ONE THIRD OF JANITORS
SAY THEY ARE HESITANT TO REPORT
INJURIES OUT OF FEAR OF
RETALIATION. THÀNH. MOST OF
THESE WORKERS ARE HARD WORKING
IMMIGRANT WOMEN. OUR MOTHERS,
OUR GRANDMOTHERS, SISTERS
DESERVE SAFE WORKING
ENVIRONMENTS SO THAT THEY CAN
STAY HEALTHY AND CONTINUE TO
SUPPORT THEIR FAMILIES EVERY
DAY. TODAY, I HAVE WITH ME TO
PROVIDE TESTIMONY Kò DAVID
HUERTA, PRESIDENT OF THE SEIU
STATE COUNCIL, AND NORA MORALES,
JANITOR FROM SILICON VALLEY,
ALSO HERE TO TRANSLATE FOR NORA
IS MY STAFF, JOSE MEDINA. THANK
YOU, JUST TO REMIND OUR
WITNESSES, YOU HAVE TWO MINUTES
EACH. IS THAT IT? BUENAS TARDES,
PRESIDENT ORTEGA. SENORES Y
SENORAS DE ASAMBLEA. GRACIAS POR
LA OPORTUNIDAD. ME NOMBRE ES
NORA MORALES A TRABAJANDO POR
MAS DE QUINCE ANOS EN LA
INDUSTRIA DE LA LIMPIEZA DEL
VALLE DE SILICON. ESTE PAIS ME
ASILO DESDE HACE 28 ANOS, CUANDO
LLEGUÉ CON COMO REFUGIO ARAGUA.
DESDE ENTONCES CALIFORNIA, ME ME
FUE ME NUEVO HOGAR SOY MADRE DE
CINCO Y EL SUSTENTO DE ME CASA
AL IGUAL QUÊ MUCHAS MADRES
INMIGRANTES QUÊ ESTADO EN ESTE
PAIS QUÊ HOY CONMIGO TAMBIÉN
REPRESENTANDO TRABAJADORES COMO
YO CON BAJOS SALARIOS SUPREMOS
LAS PRIMERAS MANOS LIMPIANDO
LIMPIEZA DE NEGATIVOS DE LA
AVARICIA DE LA COMPANIA
TECNOLOGICAS LOS EMPLEADORES
ESTAMOS UTILIZANDO EL PRETEXTO
DE LOS BUQUES DE LAS OFICINAS
PARA JUSTIFICAR LA REDUCCION DE
AHORROS Y EL AUMENTO DE LA CARGA
DE TRABAJO A NIVELES DE
PELIGROSOS DEJANDO A LOS
TRABAJADORES INMIGRANTES
CONVERSACIONES Y VALORES
CRONICOS EN SUS CUERPOS. POR
ESO, NECESITAMOS C¯ USTEDES
APOYAN A LA PROPUESTA DE LEY A
23% DE CUATRO PARA PONER FIN A
LA EXPLOTACION Y A LA ABUSO DE
LOS JANITORS DE DIA. VEMOS COMO
A NUESTRO COMPANERO. LA
REDUCCION HORAS Þ SON DESPEDIDO
DE SUS TRABAJO DE ELLOS A SIN
SALARY. SIN SEGURO MÉDICO A LOS
RECORTES CONTINUAN LOS
TRABAJADORES C¯ SE QUEDAN SE VEN
OBLIGADOS A OLYMPIA MAS PISOS O
LA MISMA CANTIDAD DE OFICINA,
PERO CON MENOS PERSONAL Y
RECURSOS, YA NO PODEMOS MAS CON
LA SOBRECARGA DE TRABAJO. UNO DE
CADA TRES JANITOR SIDO LASTIMADO
EN SU LUGAR DE TRABAJO, MAS DE
LA MITAD DE LOS TRABAJADORES DE
LA LIMPIEZA SUPREMO DE DOLOR
SEVERO SIX DE CADA DÍAS
NECESITAMOS TOMAR MEDICAMENTOS
PARA ALIVIAR EL DOLOR. LOS
TRABAJADORES DE LIMPIEZA
MERECEMOS RESPETO. SOMOS LA
FUERZA DE TRABAJO Y ESPECIAL
PARA PARA LA ECONOMIA Y SEGUIR
EN EL PROGRESO DE ESTE PAIS.
MUCHAS GRACIAS. GRACIAS JOSE
MEDINA HERE TO TRANSLATE FOR
MORALES. GOOD AFTERNOON, CHAIR
ORTEGA AND MEMBERS, THANK YOU
FOR THIS OPPORTUNITY TO SPEAK ON
BEHALF OF THIS BILL. MY NAME IS
NORA MORALES. I HAVE BEEN
WORKING IN THE JANITORIAL
INDUSTRY FOR OVER 15 YEARS IN
THE SILICON VALLEY. THIS COUNTRY
AND THIS STATE HAS BEEN MY HOME
FOR OVER 37 YEARS, EVER SINCE I
CAME HERE FROM MY NATIVE
COUNTRY, NICARAGUA. I AM A
MOTHER OF FIVE AND I AM THE MAIN
SUSTAINER AND PROVIDER OF MY
HOUSEHOLD JANITOR. WORKERS LIKE
MYSELF ARE ARE ALWAYS FACING LOW
WAGES. WE ALWAYS RECEIVE THE
NEGATIVE IMPACTS OF THE OF THE
TECH COMPANIES THAT WE WORK FOR,
THE EMPLOYERS THEMSELVES UTILIZE
THESE TACTICS TO CONTINUE
LOWERING OUR WAGES, TO LOWER OUR
HOURS OF WORK AND KEEP ON
PUTTING US UNDER THESE UNFAIR
CONDITIONS IN WHICH OUR BODIES
ARE PUT TO WORK WITH UNFAIR
HOURS AND PUT US THROUGH CHRONIC
PAIN. THAT'S WHY I AM HERE FOR
YOU ALL AND ASKING YOU ALL TO
SUPPORT AB 2364 TO PUT AN END TO
THIS EXPLOITATION AND ABUSE OF
THESE OF THESE JANITORS DAY IN
AND DAY OUT, WE SEE THAT OUR
FELLOW COLLEAGUES HOURS ARE
BEING REDUCED, THEIR WAGES ARE
BEING REDUCED. THEY CAN'T EVEN
AFFORD THEIR MEDICAL EXPENSES
THAT THEY HAVE TO HAVE WHENEVER
THEY'RE DEALING WITH THEIR
CHRONIC PAIN, THEY'RE TAKING
PAINKILLERS EVERY DAY, JUST TO
ALLEVIATE THE PAIN THAT THEY GO
THROUGH. 1 IN 3 JANITORS HAVE
BEEN HAVE BEEN GOING THROUGH A
LOT OF PAIN AT THEIR WORK, HAVE
EXPERIENCED A WORKPLACE INJURY,
SIX OUT OF TEN JANITORS NEED
MEDICATION IN ORDER TO ALLEVIATE
THE PAIN. US US JANITORS, US
JANITORS DESERVE THE RIGHT TO BE
WORKING AND TO HAVE RESPECT. WE
ARE THE MAIN FORCE OF THIS
ECONOMY. WE DESERVE TO BE
RESPECTED, AND WE DESERVE OUR
RIGHTS TO BE HONORED. THAT IS
WHY I AM HERE FOR YOU ALL AND
ASKING TO SUPPORT AB 2364. THANK
YOU. GOOD AFTERNOON. THANK YOU,
MADAM CHAIR AND MEMBERS. MY NAME
IS DAVID HUERTA. I AM PRESIDENT
OF SEIU CALIFORNIA AS WELL AS
PRESIDENT OF SEIU, US, WW, AND
WE REPRESENT NEARLY 50,000
ESSENTIAL WORKERS IN CALIFORNIA,
WITH OVER 20,000 OF THOSE AS
BEING JANITORS EVERY NIGHT IN
THOUSANDS OF BUILDINGS ACROSS
CALIFORNIA, A JANITOR IS
STARTING THEIR NIGHT SHIFT,
OFTENTIMES ALONE. JANITORS ARE
PARTICULARLY VULNERABLE TO
SEXUAL HARASSMENT, ASSAULT, AND
WORKPLACE INJURIES ON THE JOB.
TO ADDRESS THESE ISSUES, WE HAVE
PASSED LEGISLATION REQUIRING
MANDATORY SEXUAL HARASSMENT AND
VIOLENCE PREVENTION TRAINING
PROGRAM PROVIDED BY QUALIFIED
PEER TRAINERS OR, AS WE CALL
THEM, PROMOTORAS PROMOTORAS. AS
WE HAVE MOVED TOWARDS FULLER AS
WE MOVE TO FULL IMPLEMENTATION
OF THE PROGRAM, WE CAN SEE MORE
WORK NEEDS TO BE DONE TO ENSURE
TRAINING CAN BE DELIVERED
EFFICIENTLY TO ALL JANITORS IN
CALIFORNIA, AB 2364 ALSO
ADDRESSES VERY SERIOUS WORKPLACE
SAFETY ISSUES CREATED BY
CONSTANTLY INCREASING WORKLOADS,
WHICH LED LEAD TO WORKPLACE
INJURIES, ANXIETY, DEPRESSION
AND TAKE A TOLL ON AN AGING
IMMIGRANT WORKFORCE. AND WE ARE
NOT SURPRISED. ON AVERAGE, EVERY
NIGHT A JANITOR WILL CLEAN THE
EQUIVALENT OF ONE AND A HALF
TIMES THE SIZE OF THE WHITE
HOUSE. THE WEALTHY OPPONENTS OF
AB 2364 STATED THAT THE BILL
OVERLOOKS THE NUANCES OF JANITOR
JANITORIAL WORK AND RISK
INCREASING COSTS FOR BUSINESSES
WITHOUT A CLEAR RETURN ON
INVESTMENT. THIS IS THE SAME
TYPE OF TREATMENT JANITORS HAVE
BEEN GETTING FOR YEARS WORKING
ALONE IN DANGEROUS CONDITIONS,
INVISIBLE WORKING IN THE
SHADOWS, OVERLOOKED BECAUSE THEY
ARE WOMEN, OVERLOOKED BECAUSE
THEY ARE IMMIGRANTS, OVERLOOKED
BECAUSE THEY ARE BLACK AND BROWN
. WHILE I CAN TELL YOU WITHOUT A
DOUBT THAT THIS BILL HAS A VERY
CLEAR RETURN ON INVESTMENT, THE
RETURN IS SAFE FOR WORKING
CONDITIONS. THE RETURN IS FEWER
WORKPLACE INJURIES. THE RETURN
IS HEALTHIER STATE OF MIND FOR
JANITORS, AND LESS RELIANCE ON
PAIN MEDICATION TO GET THROUGH
THE NIGHT. PROFIT MARGINS CAN NO
LONGER BE BALANCED IN THE SORE
BACKS OF JANITORS. UNRUPTURED
ROTOR CUFFS AND MENISCUS TEARS.
THE WEALTHY NO LONGER WORK NØ
THE WEALTHY WILL NO LONGER WORK
ABUELITOS AND ABUELITAS TO THE
BONE. WE SAY ENOUGH, WE SAY
ABASTA. AND I ALSO WANT TO LEAVE
END WITH THE EXPLOITATION OF
IMMIGRANT WORKERS. BECAUSE RIGHT
NOW THESE SAME JANITORS ARE AT
THE BARGAINING TABLE, 20,000 OF
THEM. YESTERDAY WE RECEIVED THE
FIRST ECONOMIC PROPOSAL FROM THE
EMPLOYERS, $0.25 AN HOUR IN LOS
ANGELES, $0.10 AN HOUR IN ORANGE
COUNTY. AND $0.05 AN HOUR IN SAN
DIEGO. SAN DIEGO BEING ONE OF
THE LARGEST BIOTECH CENTERS IN
THE COUNTRY. AND WE HAVE YET TO
RECEIVE EVEN AN ECONOMIC OFFER
IN NORTHERN CALIFORNIA, WHERE
THE CENTER AND THE WEALTH OF
CALIFORNIA AND THE WORLD IS IN
SILICON VALLEY, IT'S NOT ENOUGH
THAT THEY'RE EXPLOITING THEM
WITH THEIR LABOR, BUT THEY ALSO
WANT TO EXPLOIT THEM IN THEIR IN
POVERTY. AND SO WE REALLY HOPE
THAT YOU APPROVE. AB 2364. THANK
YOU. THANK YOU, NOW WE WILL,
HAVE ANY ADDITIONAL WITNESSES
AND SUPPORT, REMINDER, YOU JUST
STATE YOUR NAME AND AFFILIATION
AND POSITION ON THE BILL. IS
CLAUDIA LAGOS DE APOYO. SALLY ME
NOMBRE ES CLAUDIA. CHÁVEZ Y
APOYO ESTÁ LEY. ME NOMBRE ES
ANGELICA PALAFOX Y APOYO LA LEY.
ME NUMBER IS ANDREA CABRERA DE
APOYO A ME NOMBRE ES RAFAEL
GARCIA Y APOYO ESTÁ. ME NOMBRE
ES MEL GIBSON Y APOYO ESTA LEY.
ME NOMBRE ES JESUS RIOS Y APOYO
ESTA LEY. ME NOMBRE ES GUADALUPE
RODRIGUEZ Y APOYO A ESTA LEY. ME
NOMBRE ES OSCAR GUTIERREZ Y
APOYO ESTA LEY. ME NOMBRE ES
DOLLY. FORO Y APOYO ESTÁ LEY SOY
FRANCISCO BARAJAS Y APOYO LA LEY
. MI NOMBRE ES MARIA DEL CARMEN,
APOYO LA LEY. ME NOMBRE SAMUEL
LOPEZ MEJIA Y APOYO ESTA LEY? ME
NOMBRE DAILY MEJIA APOYO LA LEY.
ME NOMBRE ES ALICIA MORALES Y
APOYO ESTA LEY? MY NAME IS
TERESA CARDOZA DE APOYO ESTÁ LEY
. ME NOMBRE ES FELIPE LOZA.
APOYO ESTÁ LEY. ME NOMBRE ES
CREW YANEZ Y APOYO ESTA LEY. ME
NOMBRE ES ROSA SANCHEZ DE APOYO
ESTA LEY. ME NOMBRE ES DAMARIS
VAZQUEZ Y APOYO A ESTA LEY. ME
NOMBRE ES TERESA BARRIO SE APOYO
A LA LEY 23 DE CUATRO. ME NOMBRE
ES VICENTE CASARRUBIOS Y APOYO A
2360 CUATRO ME NOMBRE ES RAMON
ADRIANA Y APOYO LA 23 DE CUATRO.
BUENAS TARDES. ME NOMBRE ES ROSA
ARCINIEGA Y APOYO LA LEY Ã VÆ
VIÆT THREE DE CUATRO. GRACIAS.
BUENAS TARDES. ME NOMBRE Y APOYO
ESTA LEY. BUENAS TARDES. MY NAME
IS MARIA Y APOYO ESTA LEY?
BUENAS TARDES. ME NOMBRE ES SU
APOYO. ESTA LEY. BUENAS TARDES.
ME NOMBRE ANA MEZA Y APOYO A
ESTA LEY. OFELIA PACHECO, APOYO
A CUATRO NOMBRE ES MARIA GARCIA,
23 DE CUATRO. BUENAS TARDES. ME
NOMBRE DE CRISTINA MOSQUERA.
PIDO EL APOYO PARA LA PRODUCCION
DE LA LEY 23 DE CUATRO PARA LA
REDUCCION DE CARGA LABORAL.
GRACIAS SOY SALVADOR HERNANDEZ
ESTRADA APOYO LÀ ES SEVEN DE.
SEVEN DE CUATRO. MARCELA CUEVAS
Y APOYO A LA LEY. 23 Y CUATRO.
MY NAME IS MARIA BASTIDA. APOYO
LA LEY DE CUATRO. BUENAS TARDES.
ME NOMBRE ES VICENTA MARQUEZ.
JUAREZ Y APOYO A LA LEY 23 DE
CUATRO. GRACIAS POR SU APOYO.
BUENAS TARDES. ME NOMBRE ES
MARGARITA FERNANDEZ. APOYO
ESTARÉ ABC. CUATRO BUENAS
TARDES. ME SARA HERNANDEZ, APOYO
ESTÁ LEY 23 DE CUATRO. BUENOS
TARDES AQUI PIDIENDO SU APOYO
PARA ESTA LEY 2324. BUENOS
TARDES ANGELA CHÁVEZ APOYO LA
LEY. DIANA IBRAHIM Â APOYO LA
LEY DE TRES. CUATRO SIR LUIS
CHÁVEZ, APOYO A LA LEY DE 23.
CUATRO BUENOS CHÁVEZ ME NOMBRE
ES ANGELINA ROMERO Y ESTOY AQUI
APOYANDO LA LEY A 23 DE CUATRO.
BUENAS TARDES ES VIVIANA YO
APOYO LA LEY DE BUENOS TARDES.
ME NOMBRE ES VERONICA NAJERA.
PIDO POR FAVOR APOYAN LA LEY Ã
VIÆT THREE DE CUATRO. HOLA.
BUENAS TARDES. MY NAME IS
MARGARITA JUAREZ Y PEDIMOS PARA
LA LEY A 23. CUATRO GRACIAS. ME
NOMBRE ES MARIO BRANDT. APOYO LA
LEY A CUATRO DE CALIFORNIA.
HELLO. MY NAME IS PILAR HERRERA,
AND I WAS HOPING TO GET YOUR
GUYS'S SUPPORT FOR AMB. 2364.
BECAUSE I SUPPORT THAT LAW.
THANK YOU. ROSALIA VILLALOBOS Y
TAMBIÉN ESTOY AQUI APOYANDO LA
LEY ESTÁ DE. VEINTE DE CUATRO.
BUENOS TARDES SOY MARIA MENDOZA.
GRACIAS POR LA OPORTUNIDAD. YO.
APOYO A LA PROPUESTA AB 23 DE
CUATRO. DE CUATRO LUIS FUENTES.
AB 2364. IVONNE FERNANDEZ.
CALIFORNIA LABOR FEDERATION AND
SUPPORT. THANK YOU. I WANT TO
TAKE A MOMENT TO ESTABLISH
QUORUM. SECRETARY PLEASE CALL
THE ROLL. ORTEGA HERE. LARA HERE
. ALANIZ, WENDY CARILLO LEE
HERE. WARD ZIPPER. STAFF QUORUM
IS ESTABLISHED, DO WE HAVE ANY
WITNESSES IN OPPOSITION? ONE
MORE SUPPORT. OH, ONE MORE
SUPPORT. OKAY. GO AHEAD. APOYAR
LA LEY. THANK YOU. HI. I'VE BEEN
MINTON WITH VOICES FOR PROGRESS.
WE HAVE A PRIORITY SUPPORT ON
THIS IMPORTANT BILL. THANK YOU.
THANK YOU. OKAY. WE ARE NOW
CLOSING SUPPORT AND MOVING TO
OPPOSITION. THANK YOU. YOU HAVE
TWO MINUTES. GOOD AFTERNOON,
MADAM CHAIR. MEMBERS OF THE
COMMITTEE, SKYLER WONACOTT HERE
WITH THE CALIFORNIA BUSINESS
PROPERTIES ASSOCIATION. ON
BEHALF OF OUR MEMBERS. BOMA,
CALIFORNIA AND CALIFORNIA AND
OVER 10,000 MEMBERS IN
RESPECTFUL OPPOSITION TO AB
2364. WE UNDERSTAND THE
INTENTIONS BEHIND AB 2364, BUT
MUST OPPOSE IT DUE TO ITS
POTENTIAL NEGATIVE IMPACTS ON
ALL CALIFORNIANS. THE BILL
IMPOSES A 2000 SQUARE FOOT PER
HOUR LIMIT ON JANITORIAL
CLEANING, WHICH FELL TO ACCOUNT
FOR THE DIVERSITY OF FACILITIES
AND TYPES OF WORK INVOLVED. FOR
INSTANCE, 1,000,000 SQUARE FOOT
BUILDING WOULD REQUIRE 16
ADDITIONAL EMPLOYEES. ESCALATING
OPERATION COSTS BY ABOUT
$100,000 MONTHLY. THIS ONE SIZE
FITS ALL APPROACH OVERLOOKS THE
PRACTICALITIES AND EFFICIENCIES
OF JANITORIAL WORK. THESE
UNRELATED, REALISTIC QUOTAS WILL
SIGNIFICANTLY INFLATE BUILDING
MAINTENANCE COSTS, FORCING
BUSINESSES TO REDUCE CLEANING
SERVICES, PASS COSTS ON TO
CONSUMERS, OR DOWNSIZE,
EXACERBATING CALIFORNIA'S
ALREADY HIGH OFFICE VACANCY
RATES, DECREASING PROPERTY
VALUES AND REDUCING PROPERTY TAX
REVENUE. AB 2364 IMPOSES
EXCESSIVE TRAINING COSTS ON
EMPLOYERS, PARTICULARLY SMALL
BUSINESSES. IT MANDATES MORE
COSTLY HARASSMENT TRAINING
PROGRAMS DISPROPORTIONATE TO ITS
POTENTIAL BENEFITS. THE CURRENT
$65 PER EMPLOYEE CHARGE UNDER
LABOR CODE 1420 ADEQUATELY,
ADEQUATELY COVERS SEXUAL
VIOLENCE AND HARASSMENT
PREVENTION TRAINING. CALIFORNIA
FACES SOME OF THE HIGHEST OFFICE
VACANCY RATES IN THE NATION, AND
AB 2364 WOULD ONLY WORSEN THIS
SITUATION, LEADING TO MORE
BLIGHTED PROPERTIES AND ECONOMIC
DECLINE. THANK YOU FOR YOUR
CONSIDERATION. I RESPECTFULLY
ASK FOR YOUR NO VOTE ON AB 2364.
THANK YOU. ARE THERE ADDITIONAL
WITNESSES IN OPPOSITION? GOOD
AFTERNOON. KELLY HIT WITH
PLATINUM ADVISORS ON BEHALF OF
ABM. IN OPPOSITION. THANK YOU.
SEEING NO OTHER OPPOSITION, I
WILL, PASS IT OVER TO THE
MEMBERS. IF YOU HAVE ANY
QUESTIONS. I AM JUST CURIOUS ON
THIS. THANK YOU, MADAM CHAIR.
WHERE DID THE 2000 SQUARE FOOT
NUMBER COME FROM? WHAT WAS THE.
HOW DID WE GET TO THAT NUMBER
TWO? YEAH. SO THAT NUMBER IS THE
NUMBER THAT WE HAVE WE GOT FROM
THE INDUSTRY STANDARDS THAT
WE'VE BEEN INVESTING DATING AND
PULLING OUT. RIGHT, REMEMBER THE
2000 IS WHAT WOULD BE A ROUTE
OVER AN EIGHT HOUR PERIOD.
RIGHT? SO IT'S 2000 PER 2000FT²
PER HOUR FOR A ROUTE, IN, IN THE
ON ON A JANITORIAL CLEANER THAT
DOES NOT INCLUDE ALSO WHAT IS
RESTROOMS, LOBBIES AND OTHER
CONDITIONS. BUT THIS IS FOR THE
JANITORIAL ROUTE SPECIFICALLY TO
A CLEANER. OKAY. THANK YOU. ANY
OTHER QUESTIONS, MEMBER, WOULD
YOU LIKE TO CLOSE? THANK YOU,
MADAM CHAIR AND MEMBERS AB 2364
WOULD ESTABLISH A REASONABLE
PRODUCTION RATE FOR JANITORS AND
PROHIBIT EMPLOYERS FROM FORCING
WORKERS LIKE NORA. THAT'S WITH
HERA. WITH US HERE TODAY TO
SHOULDER THESE DANGEROUS
WORKLOADS. YOU KNOW, THE THESE
WORKERS ARE PRIMARILY IMMIGRANTS
AND IMMIGRANT WOMEN, AND, YOU
KNOW, THEY ARE MAKING ALL OF US
RICHER. AND WE NEED TO PROTECT
THEM, AND NOT AND MAKE SURE THAT
THEY'RE PROTECTED FROM THESE
ABUSIVE WORKLOADS, AND SO I
STRONGLY URGE, AND ASK FOR AN
AYE VOTE FROM ALL OF YOU. THANK
YOU. MAY I GET A MOTION AND A
SECOND? SECOND. WE HAVE A MOTION
AND A SECOND. SECRETARY, CAN YOU
PLEASE CALL THE ROLL? THE MOTION
IS DUE. PASS TO APPROPRIATIONS.
ORTEGA. ORTEGA I. FLORA. FLORA
NO. ALANIS. WENDY. CARILLO.
WENDY. CARILLO I. LEE. WARD.
WARD I ZIMMER. ZUBIATE I THAT
BILL IS OUT. THANK YOU, THANK
YOU, THANK YOU. ASSEMBLY MEMBER
THREE OF US. WOULD YOU LIKE TO
CONTINUE WITH AB 3043? YES.
OKAY THANK YOU FOR BEING HERE.
OKAY. WHENEVER YOU'RE READY.
THANK YOU, MADAM CHAIR. AND
MEMBERS, FIRST, I'D LIKE TO
THANK YOUR COMMITTEE STAFF FOR
WORKING WITH MY TEAM ON THIS
BILL. SECOND, I WANT TO
ACKNOWLEDGE ALL OF THE WORK THAT
MY STAFF, COMMITTEE STAFF, MY
SPONSOR, DOCTOR JANE FAZIO FROM,
LA COUNTY, ALL OF YOU, MEDICAL
CENTER, MEDICAL PROFESSIONALS
AND STAKEHOLDERS FOR THEIR WORK
AND ENGAGEMENT ON THIS BILL OVER
THE LAST NINE MONTHS. AS YOU MAY
KNOW, SILICONE. THIS IS A TYPE
OF PULMONARY FIBROSIS, A LUNG
DISEASE RESULTING FROM BREATHING
IN TINY BITS OF SILICA, A COMMON
MINERAL FOUND IN QUARTZ SAND AND
MANY OTHER ROCK TYPES. HOWEVER
ARTIFICIAL STONE IS DANGEROUS
DUE TO ITS HIGH SILICA
CONCENTRATION AND HARMFUL
POLYMER RESINS, DYES, AND OTHER
BINDING MATERIALS. MATERIALS
THAT ARE USED TO FORM A SLAB.
WORKERS WHO CUT, GRIND, POLISH
AND DRILL ARTIFICIAL STONE ARE
AT THE HIGHEST RISK OF
CONTRACTING SILICOSIS DUE TO THE
OVEREXPOSURE AND HIGH LEVELS OF
SILICA USE TO MAKE PRODUCTS LIKE
ARTIFICIAL STONE COUNTERTOPS,
WORKERS WHO BREATHE IN THE
SILICA PARTICLES CAN DEVELOP
SILICOSIS. SILICOSIS IS AN
UNCURABLE PROGRESSIVE DISEASE
THAT CAUSES SEVERE AND FATAL
HEALTH EFFECTS, WITH OVER 60%
REPORTED CASES IN THE SAN
FERNANDO VALLEY. THE CALIFORNIA
DEPARTMENT OF PUBLIC HEALTH HAS
IDENTIFIED APPROXIMATELY 95
COUNTERTOP WORKERS WITH
SILICOSIS BETWEEN 2019 AND 20
22, 52 ARTIFICIAL STONE WORKERS
WERE DIAGNOSED WITH SILICOSIS,
51 OF WHOM WERE IMMIGRANTS FROM
MEXICO AND CENTRAL AMERICA. THE
MEDIAN AGE OF DIAGNOSIS IS 45.
HOWEVER, I HAVE CONSTITUENTS WHO
ARE DIAGNOSED WITH SILICOSIS AS
YOUNG AS 27 AND LIKE I MENTIONED
EARLIER, THIS IS A FATAL
DISEASE. THERE IS NO CURE. SOME
PATIENTS HAVE BEEN PUT ON OXYGEN
AND LOSE THE ABILITY TO WORK AND
PROVIDE FOR THEIR FAMILIES. IN
SEVERE CASES, A LUNG TRANSPLANT
MAY BE AN OPTION FOR SOME
PATIENTS. AS DOCTOR JANE FAZIO,
A PULMONARY PHYSICIAN AT OLIVIO
MEDICAL CENTER WHO DIAGNOSED THE
MAJORITY OF THESE WORKERS WITH
SILICOSIS IN CALIFORNIA, STATED
MOST OF THE SILICOSIS PATIENTS
THAT ALL OF YOU WERE UNINSURED
WHEN THEY WERE DIAGNOSED A LUNG
TRANSPLANT CAN COST OVER $1
MILLION. ADDITIONALLY PATIENTS
ON THE LUNG TRANSPLANT LIST
RARELY LIVE LONG ENOUGH TO
RECEIVE A LUNG TRANSPLANT. IF A
PERSON DOES RECEIVE A LUNG
TRANSPLANT, IT PROLONGS A
PERSON'S LIFE FOR AN AVERAGE OF
TEN YEARS. THERE IS NO CURE FOR
SILICOSIS. MY SPONSOR, THE STATE
BUILDING AND CONSTRUCTION TRADES
COUNCIL, WHOM YOU WILL HEAR FROM
TODAY, HAS BEEN SOUNDING ALARMS
OF SILICOSIS WITH CAL OSHA FAR
BEFORE IT BECAME PUBLIC
KNOWLEDGE. UNFORTUNATELY,
SILICOSIS CASES IN CALIFORNIA
HAVE INCREASED SIGNIFICANTLY
UNDER THE WATCHFUL EYE OF STATE
REGULATORS. REGULATORS MY
DISTRICT IS THE CENTER OF THIS
GLOBAL EPIDEMIC. LATINO WORKERS
ARE NOT DISPENSABLE. Ã
SILICOSIS DIAGNOSIS IS A DEATH
SENTENCE. WE APPRECIATE STATE
REGULATORS ISSUING EMERGENCY
TEMPORARY STANDARDS IN DECEMBER.
HOWEVER, LABOR, MEDICAL EXPERTS
AND INDUSTRY STAKEHOLDERS DO NOT
BELIEVE THAT THEY HAVE GONE FAR
ENOUGH TO PROTECT WORKERS. THE
EMERGENCY TEMPORARY STANDARDS
LACK DATA ON LEGAL FABRICATION
SHOPS, LICENSURE, STRUCTURE OF
FABRICATION SHOPS, TRAINING FOR
WORKERS, AND ONGOING FUNDING
ENFORCEMENT MECHANISMS TO
PROTECT WORKERS. AS A RESULT OF
THAT CONVERSATION, OVER THE LAST
NINE MONTHS, AB 3043 IS A
CULMINATION OF STAKEHOLDERS.
THIS BILL ESTABLISHES A SYSTEM
FOR TRACKING ARTIFICIAL STONE TO
ENSURE FABRICATION. FABRICATION
SHOPS IMPLEMENT THE STATE'S
TEMPORARY STANDARDS AND
ENCOURAGE STATE ENFORCEMENT.
ADDITIONALLY, THIS BILL WILL
CODIFY THE PROHIBITION OF DRY
CUTTING OF ARTIFICIAL STONES,
CREATE A LICENSURE PROGRAM FOR
FABRICATION SHOPS, REQUIRE ALL
WORKERS TO UNDERGO A TRAINING
PROGRAM AND REQUIRE THE
DEPARTMENT OF INDUSTRY,
RELATIONS, RELATIONS AND CAL
OSHA TO REPORT ON THE
EFFECTIVENESS OF THE EMERGENCY
TEMPORARY STANDARDS AND FUTURE
ADOPTED STANDARD. AS MY TEAM
SPONSOR AND I HAVE BEEN IN
CONVERSATION WITH THE OPPOSITION
OF THIS BILL BECAUSE OF THOSE
CONVERSATIONS, I HAVE TAKEN A
NUMBER OF AUTHOR AMENDMENTS TO
ADDRESS SEVERAL OF THEIR
CONCERNS AS. YOU KNOW, THIS
GLOBAL PANDEMIC WAS CREATED
WITHIN THIS INDUSTRY. AND SO
SORRY. OKAY, OKAY. FIRST, I TOOK
AUTHOR AMENDMENTS TO ADDRESS
THEIR PRIMARY CONCERN BY
REMOVING THE SKILLED AND TRAINED
PROVISION FROM THE BILL. SO I
TODAY I HAVE TWO WITNESSES IN
SUPPORT. I HAVE KEITH DUNN
REPRESENTING THE STATE BUILDING
AND CONSTRUCTION TRADES COUNCIL,
AND DOCTOR ROBERT BLANK OF THE
WESTERN OCCUPATIONAL AND
ENVIRONMENTAL MEDICAL
ASSOCIATION. JUST A REMINDER,
TWO MINUTES EACH FOR OUR
WITNESSES. THANK YOU, MADAM
CHAIR. MEMBERS. THANK YOU FOR
ALLOWING US TO SPEAK TODAY,
WESTERN OCCUPATIONAL
ENVIRONMENTAL MEDICINE
ASSOCIATION SUPPORTS THIS BILL
STRONGLY, I'M DOCTOR ROBERT
BLAKE. I'M AN OCCUPATIONAL AND
ENVIRONMENTAL MEDICINE
SPECIALIST, AND WE'RE AN
ORGANIZATION OF, 4 OR 500
PHYSICIANS WITH THAT SPECIALTY
IN CALIFORNIA AND NEIGHBORING
STATES, THE, I PREVIOUSLY SERVED
ON THE CAL OSHA STANDARDS BOARD,
FOR SOME YEARS AS WELL. SO I'M
FAMILIAR WITH THAT PROCESS AND
WANT TO TALK TODAY ABOUT WHY
THIS BILL IS NEEDED. IN ADDITION
TO THE, CAL OSHA ACTION. SO,
FIRST OF ALL, WHAT'S IT LIKE TO
SEE A PATIENT WITH PULMONARY
FIBROSIS? THEY'RE SITTING IN
YOUR OFFICE. THEY LOOK GRAY OR
EVEN DUSKY KIND OF BLUE. THEY'RE
COUGHING. THEY'RE STRUGGLING TO
BREATHE. OFTEN THEY HAVE AN
OXYGEN TANK WITH THEM, WHEN
YOU'RE DEALING WITH SOMEBODY WHO
IS 27 YEARS OLD OR 35 OR 40 OR
REALLY ANY AGE, THIS IS A
DAUNTING THING, ESPECIALLY
KNOWING THAT THE DISEASE THAT
THEY HAVE IS INCURABLE, AND
THEY'RE ALMOST CERTAINLY GOING
TO DIE OF IT, A BAD SITUATION.
AND AS THE MEMBER NOTED, THE
ENGINEERED STONE HAS MUCH
GREATER SILICA CONTENT UP TO 90%
COMPARED TO OTHER STONE
PRODUCTS, WHICH MAY HAVE 10 OR
20 OR 30. SO THAT'S WHY IT NEEDS
TO BE TRACKED. WHAT CAL OSHA
CANNOT DO, WHETHER IT'S
TEMPORARY OR PERMANENT STANDARD,
IS TO ACTUALLY TRACK THE
MATERIAL. AND WE'RE FAMILIAR
WITH THIS FROM ASBESTOS. SO WE
ALREADY HAVE REGULATIONS IN
PLACE FOR ASBESTOS, WHICH IS
ANOTHER PULMONARY TOXIN. AND WE
KNOW THAT YOU CAN'T WORK WITH
ASBESTOS UNLESS YOU'VE GOT A
PERMIT FOR IT. YOU CAN'T
TRANSPORT THIS STUFF. I MEAN
IT'S ILLEGAL. AND I GET, YOU
KNOW, THE LEGISLATURE COULD BAN
THE MATERIAL TOMORROW IF THEY
WANTED TO, AS THEY ALREADY HAVE
DONE IN AUSTRALIA. BUT EVEN IF
THAT WERE TO HAPPEN, WE'D HAVE
INCREASING RATES OF SILICOSIS
GOING UP FOR THE NEXT 5 OR 10
YEARS AT LEAST. SO WE NEED TO
CONTROL THIS NOW. AND ONE OF THE
WAYS TO DO THAT IS WHAT THE
MEMBER'S BILL HAS DONE TO PERMIT
THE MATERIAL ITSELF. IN THE
RETAIL SIDE, PERMIT THE SHOPS
THAT DO THE WORK, AND MAKE SURE
THAT THE WORKERS ARE TRAINED AND
PROTECTED WHEN THEY DO THE WORK.
THANK YOU. THANK YOU VERY MUCH.
THANK YOU, MADAM CHAIR. KEITH
DUNN HERE ON BEHALF OF THE STATE
BUILDING CONSTRUCTION TRADES
COUNCIL. I JUST HAVE SOME QUICK
POINTS TO MAKE. NUMBER ONE,
SILICOSIS IS FATAL. NUMBER TWO,
IT'S 100% PREVENTABLE. A LOT OF
THINGS WE DO HERE SOMETIMES
DON'T SEEM THAT IMPORTANT AT
TIMES. THIS IS ACTUALLY A BILL
THAT'S VERY IMPORTANT. IT IS
GOING TO PROVIDE THE ABILITY TO
PROVIDE SAFETY MEASURES FOR
WORKERS, TRAINING FOR WORKERS,
AND AN OPPORTUNITY TO SAVE
LIVES. SO I WON'T SPEND A LOT OF
TIME ON DISCUSSING THE NEED, BUT
JUST REMEMBER THAT 100% FATAL,
100% PREVENTABLE, AND WE'RE
GOING TO BE WORKING, AS THE
AUTHOR, HAD MENTIONED WITH THE
INDUSTRY TO MAKE SURE THAT WE
DEVELOP A TRAINING PROGRAM THAT
IS SUFFICIENT TO COVER THE
SAFETY NEEDS OF WORKERS, THOSE
THAT ARE OUT IN THE FIELD
PERFORMING THIS WORK SO THAT
THEY UNDERSTAND THE PROTECTIONS
THAT THEY'RE GOING TO NEED TO
CONTINUE TO WORK IN THIS FIELD.
SO THERE'S NOBODY BETTER
TRAINING WORKERS THAN THE
BUILDING TRADES COLLECTIVELY.
AND WE'RE LOOKING FORWARD TO
WORKING WITH THEM IN PARTNERSHIP
TO MAKE SURE THAT THEY ARE
TRAINED AND HAVE THE ABILITY TO
PERFORM THESE JOBS SAFELY IF
THEY'RE TO PROCEED IN DOING
THEM. AND AGAIN, 100%
PREVENTABLE, 100% FATAL. WE ASK
FOR YOUR I VOTE. THANK YOU.
THANK YOU. WE WILL NOW MOVE TO
ADDITIONAL WITNESSES IN SUPPORT.
STATE YOUR NAME, AFFILIATION.
THANK YOU, MADAM CHAIR AND
MEMBERS KIRK KIMBALL, HIÂU, ON
BEHALF OF THE ENGINEERED STONE
MANUFACTURERS ASSOCIATION AND
ASKED A WORLDWIDE WE'RE IN A
SUPPORT IF AMENDED POSITION. I
JUST WANT TO THANK THE AUTHOR
AND THE SPONSORS FOR THEIR WORK
ON THIS BILL. LOOKING FORWARD TO
IT MOVING FORWARD. JEFF SIEVERS,
ON BEHALF OF THE COSENTINO
GROUP, ALSO WANT TO THANK THE
AUTHOR AND HER STAFF FOR WORKING
SO HARD ON THIS. WE ARE
SUPPORTIVE, IF AMENDED, TO
REMOVE THE PREVAILING WAGE
PROVISION AND WE APPRECIATE THE
ONGOING CONVERSATIONS. THANK YOU
. RAUL FERNANDEZ, CALIFORNIA
LABOR FEDERATION AND SUPPORT.
THANK YOU. SEEING NO OTHER
WITNESSES IN SUPPORT, DO WE HAVE
WITNESSES IN OPPOSITION?
IT'S GOING TO BE. GOOD
AFTERNOON, MADAM CHAIR, AND
MEMBERS, STEVE CRUZ,
REPRESENTING THE SILICA SAFETY
COALITION, A COALITION OF STONE
MANUFACTURERS, DISTRIBUTORS AND
FABRICATORS, I WANT TO MAKE SURE
TO EMPHASIZE FROM THE OUTSET
THAT OUR COALITION STRONGLY
SUPPORTS PRIORITIZATION OF BOTH
STATUTORY AND REGULATORY
OVERSIGHT AND ENFORCEMENT OF
EXISTING OCCUPATIONAL SAFETY AND
HEALTH REQUIREMENTS THAT PROTECT
EMPLOYEES FROM EXPOSURE TO
SILICA, PREVENTING SILICOSIS IS
FOR WORKERS IN THE INDUSTRY, IS
OF GRAVE CONCERN, AND INTEREST
TO OUR COALITION, AND WE FIRMLY
BELIEVE IT IS ENTIRELY
PREVENTABLE WHEN UTILIZING SAFE
AND EFFECTIVE WORKPLACE
PRACTICES, WHICH IS WHY WE
ACTIVELY ENGAGED IN SUPPORT. AND
I JUST ENGAGE WITH SUPPORTED THE
CAL OSHA REGULATIONS. IN FACT,
SPECIFICALLY ASKED FOR THE BAN
ON THE DRY CUTTING, THE USE OF
EFFECTIVE WET METHODS, AIR
MONITORING SYSTEMS, ALL OF THESE
REGULATIONS WE ACTUALLY
ADVOCATED FOR BECAUSE WE
UNDERSTAND THAT WE NEED TO
ADDRESS THE BAD ACTORS IN THE
INDUSTRY, OUR MEMBERS, INCLUDING
THE FABRICATORS WITH ONE WITH ME
TODAY, UTILIZE SAFE PRACTICES,
AND WE KNOW IT'S IMPORTANT FOR
EVERYONE TO DO THAT, AND SO THE
BILL TOOK IT A STEP FURTHER BY
MAKING THE REGULATIONS PERMANENT
AND THEN BY ALSO INCLUDING A
LICENSE, WHICH IS SOMETHING THAT
CAL-OSHA COULDN'T DO. WE
STRONGLY SUPPORTED THAT. WE
STRONGLY SUPPORTED A MECHANISM
TO PAY FOR A LICENSING. AND AS
MENTIONED BY THE SUPPORT
WITNESS, THE LICENSING WILL ALSO
ALLOW FOR TRACKING TO MAKE SURE
THAT FABRICATORS WHO ARE NOT
LICENSED DON'T. IT DOESN'T GET
INTO THEIR HANDS. SO ALL OF
THESE THINGS WE SUPPORTED OUR
ONLY CONCERN COMING TO THE
COMMITTEE WAS THE SKILLED AND
TRAINED AND PREVAILING WAGE,
PROVISIONS, BECAUSE OF ALREADY A
STRAINED WORKFORCE AND HOW THAT
WOULD IMPACT US. WE UNDERSTAND
THAT THOSE PROVISIONS ARE GOING
TO COME OUT. AND BASED UPON THE
REMOVAL OF THOSE TWO, WE WOULD
ACTUALLY MOVE TO A SUPPORT, AND
THE ONLY COMMENTS THAT WE'D MADE
OUTSIDE OF THAT IS THE TRAINING
PROGRAMS TO HAVE A BETTER
UNDERSTANDING OF WHAT THE
TRAINING PROGRAMS WILL LOOK
LIKE. I KNOW ONE OF THEM IS A
COMMUNITY COLLEGE OPTION, WHICH
WE THINK IS GREAT, BUT HOW THAT
MIGHT WORK, THE DURATION OF THE
TRAINING, COST, MAKE SURE IT'S
NOT COST PROHIBITIVE. AND SO
WITH ME HERE TODAY IS NATE
KOLINSKY WITH, TO PROVIDE YOU A
LITTLE BIT MORE BACKGROUND ON
HIS OPERATIONS AND SOME COMMENTS
ON THE TRAINING. GOOD AFTERNOON,
MADAM CHAIR. AND MEMBERS, MY
NAME IS NATE KOLINSKY. I'M PART
OF THE SILICA SAFETY COALITION
AND ALSO OWNER OF TWO
FABRICATION SHOPS, THE AUTHOR'S
STAFF HAS BEEN TO MY SHOP, AND
SOME OF THE COMMITTEE MEMBERS
HAVE. WE'VE BEEN WORKING
ACTIVELY ON SILICOSIS WITH CDPH,
CAL OSHA SINCE 2019, AND WE
STRONGLY SUPPORT THE NEED FOR
LICENSING BECAUSE WE WERE
INVOLVED IN THE ETS. AND WE ALL
KNOW THAT ENFORCEMENT IS VERY,
VERY TOUGH. SO IT WAS OUR IDEA
TO TRY TO MAKE THE SUPPLY CHAIN
MORE DIFFICULT FOR THE BAD
ACTORS, BECAUSE THIS IS ENTIRELY
PREVENTABLE. IT SHOULDN'T BE
GOING ON, BUT IT'S DIFFICULT TO
CONTROL, THESE SHOPS THAT POP
UP, THEY MOVE DOWN, THEY GET A
LITTLE STICKER ON THEM FROM
OSHA, AND THEN THEY'RE OUT OF
BUSINESS. RIGHT. AND THEY POP UP
SOMEWHERE ELSE. LICENSING IS
VERY, VERY IMPORTANT. BUT WE'RE
ALSO IN AN INDUSTRY THAT IS
ALREADY HIGHLY REGULATED AND
VERY, VERY DIFFICULT TO REMAIN
PROFITABLE IN CALIFORNIA. SO WE
WANT TO MAKE SURE THAT WE'RE
ABLE TO COMPLY. AND I THINK ANY
REGULATION OR ANY LICENSING HAS
TO HAVE A PART OF IT THAT
ENCOURAGES VOLUNTARY COMPLIANCE,
BECAUSE IF WE JUST MAKE IT TOO
DIFFICULT TO COMPLY, WE'RE JUST
GOING TO LOSE EMPLOYEES TO THE
GUYS THAT THAT ARE ALREADY BAD
ACTORS AND IT DOESN'T HELP THE
SILICOSIS AT ALL. THE ONES
YOU'VE SEEN ON CBS, TV ARE
REALLY, REALLY DANGEROUS SHOPS.
WE'VE HAD OUR WE'VE BEEN AIR
TESTING FOR MORE THAN FOUR
YEARS, WE WENT AND JUST HAD
MEDICAL TESTING ON ALL OF OUR
GUYS. SOME HAVE BEEN WITH US FOR
25 YEARS, SOME SIX MONTHS, AND
EVERYBODY WAS ABSOLUTELY CLEAR.
SO WE WORKED WITH BOB HARRISON
AT UCSF. WE'VE WORKED WITH ALL
LA COUNTY FOLKS, AND THIS IS A
PREVENTABLE DISEASE. IT DOESN'T
HAVE TO HAPPEN. THE LICENSING IS
A VERY GOOD STEP, BUT IT HAS TO
BE SOMETHING THAT WE CAN ALL
WORK WITH AND STILL STAY IN
BUSINESS. WAS THAT TWO MINUTES?
YES, IT WAS. Ã. ASSEMBLY MEMBER
RIVAS WOULD YOU LIKE TO RESPOND
TO THE OPPOSITION OR DO YOU HAVE
ANY COMMENTS? SURE. THANK YOU,
MADAM CHAIR, AS YOU HEARD, THE
OPPOSITION, HAD CONCERNS ABOUT
THE PREVAILING WAGE AND THE
WORKER TRAINING, YOU KNOW, WE'VE
ALREADY HAD REMOVED SKILLED AND
TRAINED AND ARE PLANNING TO ALSO
DO WITH, PREVAILING WAGE TO PULL
THAT, YOU KNOW, MY SPONSORS AND
I HAVE BEEN HAVING CONVERSATIONS
ABOUT THE TRAINING PROGRAMS AND,
THE OPPOSITION IS SEEKING
AMENDMENTS TO THE TRAINING
PROGRAM REQUIREMENTS, SIMILAR TO
THOSE IN UTILIZED NATIONWIDE BY
ORGANIZATIONS LIKE THE NATURAL
STONE INSTITUTE. BUT I'VE
INCLUDED TRAINING LANGUAGE IN
THE BILL, BUT IT WILL BE
APPROVED THROUGH CAL OSHA AND IN
CONSULTATION WITH APPRENTICESHIP
PROGRAMS. AND, YOU KNOW, WE WILL
CONTINUE TO BE WORKING TOGETHER
ON THIS, LIKE, AS THEY SAID,
THIS IS A FATAL DISEASE. I KNOW
THAT THE INDUSTRY UNDERSTANDS
THAT AND KNOWS THAT VERY WELL,
AND I THINK WHAT UNITES US IS
THAT WE WANT TO SAVE LIVES.
THANK YOU. MEMBER. I WILL NOW
OPEN IT TO ADDITIONAL
OPPOSITION. DO WE HAVE OTHERS IN
OPPOSITION? SEEING NONE, I WILL
BRING IT BACK TO THE MEMBERS. DO
WE HAVE ANY QUESTIONS? JUST WANT
TO THANK THE AUTHOR FOR
INTRODUCING THIS MEASURE AS I'VE
COME TO LEARN A LITTLE BIT MORE,
THROUGH THROUGH YOUR EFFORT HERE
TODAY, IT REALLY UNDERSCORES HOW
IMPORTANT IT IS THAT THIS IS
ADDRESSED, ALSO LEARNING ABOUT
THE BEST PRACTICES THAT WE, WE
REALIZE, SHOULD BE GOING WHEN
WE'RE LOOKING AT FABRICATION
EFFORTS, THAT A WET METHOD IS,
FAR SUPERIOR, AND DEFINITELY THE
STANDARD THAT MAYBE THE BEST
STANDARD THAT WE SHOULD HAVE
HERE IN OUR STATE FOR OUR
WORKERS AND, WOULD VERY BE VERY
SUPPORTIVE OF THE NEED TO BE
ABLE TO PROVIDE COMMENSURATE
TRAINING, AND PROGRAMING SO THAT
SAFETY IS, FOREMOST IN
EVERYONE'S MIND. I DIDN'T KNOW
IF YOU HAD ANYTHING FURTHER THAT
YOU WANTED TO ADD AS WELL ABOUT,
YOU KNOW, THE CONNECTION TO YOUR
DISTRICT OR, WORKERS THAT, THAT
YOU'RE AWARE OF, YES. AND WHY
THIS IS SO IMPORTANT TO YOU?
YEAH. THANK YOU. ASSEMBLY MEMBER
WARD, YOU KNOW, THE MAJORITY OF
THE WORKERS THAT HAVE BEEN
DIAGNOSED WITH SILICOSIS ARE
FROM MY DISTRICT IN THE EAST SAN
FERNANDO VALLEY. THEY'RE
IMMIGRANTS, MAJORITY MEN, THAT
ARE YOUNG. THEY'RE YOUNG MEN
WITH YOUNG FAMILIES, AND THERE
IS NO WAY TO GET DIAGNOSED EARLY
, RIGHT, FOR SOME TYPE OF
TREATMENT, SO WE COULDN'T YOU
KNOW, PEOPLE HAVE ASKED ME,
COULD WE DO SCREENINGS, YOU
KNOW, TO MAKE SURE WE CATCH THIS
EARLY, LIKE OTHER DISEASES. AND
THAT'S NOT THE CASE WITH
SILICOSIS. ONCE THEY HAVE IT,
THEY KNOW WE ALL KNOW THEY'RE
GOING TO DIE, AND NÓ, YOU KNOW,
I LOVE MY COUNTERTOPS, RIGHT? I,
YOU KNOW, THEY'RE IN MY HOME. I
KNOW WE ALL DO. WE ALL WATCH
HGTV AND WANT BRAND NEW KITCHENS
, AND THESE ARE BEAUTIFUL IN
YOUR HOME. BUT NOW WHEN I LOOK
AT MY COUNTERTOPS, I THINK, DID
SOMEONE DIE CUTTING THESE?
RIGHT? THIS IT'S NOT WORTH IT.
IT'S NOT WORTH IT. BUT I BELIEVE
THAT WE CAN GET TO A POINT IN
THE STATE WHERE, YOU KNOW, THAT
WE ARE PROTECTING THESE WORKERS
IN THESE WORKPLACES, AND, AND SO
THAT'S WHY I'M DOING THIS. BILL,
THANK YOU FOR AUTHORING THIS.
I'M HAPPY TO MOVE THE ITEM. SO I
SAY THANK YOU TO THE AUTHOR,
THIS IS SOMETHING THAT IS
OBVIOUSLY VERY SERIOUS, AND I,
JUST WANT TO SAY THANK YOU FOR
WORKING WITH THE INDUSTRY ON
THIS. AND THERE'S A LOT OF TIMES
THAT WE HAVE GOOD IDEAS, IN THIS
BUILDING AND SOMETIMES THEY FALL
SHORT ON ACTUALLY PRACTICALITY
AND WORKING THROUGH THAT. RIGHT
AND SO THE INDUSTRY THAT WE
TOURED THE FACILITY, WE SEE THE
PICTURES AND THE VIDEOS OF WHAT
THE CONDITIONS SOME OF THESE MEN
AND WOMEN ARE WORKING UNDER,
MOSTLY MEN. LIKE YOU SAID, IT IS
REMARKABLE THAT WE STILL DO
THIS. RIGHT. AND THEN YOU GO TO
A FACILITY LIKE YOURS AND IT'S
WET CUTTING AND IT'S JUST
COMPLETELY DIFFERENT. AND SO FOR
THE INDUSTRY TO STEP UP AND DEAL
WITH THIS, OBVIOUSLY I JUST WANT
TO ENCOURAGE YOU TO CONTINUE TO
WORK AT THAT PREVAILING WAGE
SITUATION OUT. IF WE CAN. I
MEAN, WE SHOULD, BUT I WILL
SUPPORT THE BILL TODAY, BECAUSE
I DO THINK IT IS INCREDIBLY
IMPORTANT. AND JUST PLEASE
CONTINUE TO WORK WITH THE
OPPOSITION ON THAT PARTICULAR
PIECE. SO THANK YOU, THANK YOU,
ASSEMBLY MEMBER. AND, YOU KNOW,
I HAVE BEEN ENGAGING WITH THE
INDUSTRY SINCE DAY ONE OF WHEN I
GOT STARTED, MONTHS AGO. I LOVE
WHEN WE HAVE BIPARTISAN SUPPORT
FOR SAVING LIVES, THANK YOU TO
THE AUTHOR, LET'S GO AHEAD. AND,
WE HAVE A MOTION AND A SECOND,
SECRETARY, PLEASE CALL THE ROLL.
THE MOTION IS DUE. PASS TO
JUDICIARY COMMITTEE. ORTEGA.
ORTEGA I FLORA. HI, FLORA. I
ALANIZ. WENDY CARILLO LEE. HI,
LEE I WARD. WARD I SABER. THAT
MEASURE IS OUT. THANK YOU, THANK
YOU. WE DO HAVE QUIRK-SILVA HERE
AND HERE. AND THEN. SO
QUIRK-SILVA IS THAT KIND OF
BRENDAN IN THE LINEUP? OKAY. ALL
RIGHT. ASSEMBLY MEMBER
QUIRK-SILVA, WOULD YOU LIKE TO
PRESENT YOUR BILL? AB 2439? WE
ARE GOING TO FILE ORDER, BUT WE
DON'T SEE, ASSEMBLYMEMBER HANEY
HERE, SO I BEAT HIM TO IT. GOOD
AFTERNOON, MADAM CHAIR. AND
MEMBERS FIRST, I WANT TO THANK
THE COMMITTEE CONSULTANT FOR
WORKING WITH OUR OFFICE. AND I
DO ACCEPT THE COMMITTEE
AMENDMENTS, SECOND, BEFORE I
MAKE MY REMARKS, I WOULD,
ACKNOWLEDGE IT IS AN INTERESTING
SCENARIO FOR ME TO BE IN THE
LABOR COMMITTEE WITH, SOME,
OPPOSITION FROM HOUSING, AS IT'S
USUALLY THE OPPOSITE FOR ME AND
ALL MY HOUSING FRIENDS ARE
USUALLY I'M THERE CHEERING ALONG
WITH THEM. BUT I HAVE TAKEN THE
COMMITTEE AMENDMENTS AND WE WILL
CONTINUE TO WORK ON THIS BILL,
I'M SORRY, I DON'T THINK WE HAD
ANY. DID WE HAVE AMENDMENTS?
PASS. OKAY. PRIOR. GOT IT.
UNDERSTOOD. OKAY. THANK YOU.
JUST WANTED TO CLARIFY. THANK
YOU. RIGHT. ALL RIGHT. SO AB
2439 ENSURES THE PROTECTION OF
TAXPAYER FUNDS AND PROTECTIONS
OF WORKERS ON PUBLIC WORKS
PROJECTS. TRANSPARENCY AND
ACCOUNTABILITY ARE ESSENTIAL
PILLARS FOR EVERY PUBLIC WORKS
PROJECT FINANCED BY TAXPAYER
PAYER DOLLARS. THIS WILL THIS
BILL WOULD REQUIRE DEVELOPERS
WHO HAVE RECEIVED PUBLIC FUNDING
TO COMPLETE A PUBLIC WORKS
PROJECT TO COMPLY WITH RECORDS.
REQUESTS RELATED TO THE PROJECT.
RECORDS INCLUDE, BUT ARE NOT
LIMITED TO, BID DOCUMENTS, LIST
OF ALL CONTRACTORS AND
SUBCONTRACTORS, AS WELL AS
INSPECTION, THÀNH AND WORK LOGS.
ADDITIONALLY THE BILL WILL
CLARIFY THE RESPONSIBILITY OF
CONTRACTORS TO PROVIDE ACCESS TO
CERTIFIED PAYROLL RECORDS ON
THESE PROJECTS AS THEY ARE
ALREADY REQUIRED TO DO UNDER
EXISTING LAW BY GRANTING ACCESS
TO ESSENTIAL RECORDS FOR PROJECT
CGRTS, SUCH AS CERTIFIED PAYROLL
DOCUMENTS, CONTRACTOR LISTS,
PROJECT CONTRACTS, AND
INSPECTION LOGS, AB 2439 ENSURES
THAT THE PUBLIC CAN EFFECTIVELY
OVERSEE TAXPAYER FUNDS, VERIFY
COMPLIANCE WITH LABOR LAWS, AND
GUARANTEE FAIR COMPENSATION FOR
WORKERS. THE SPONSORS IN MY
OFFICE HAVE BEEN WORKING
DILIGENTLY WITH THOSE WHO ARE
CONCERNED WITH THE BILL IN ORDER
TO ADDRESS ANY ISSUES, AND WE
WILL CONTINUE TO WORK ON ANY
OUTSTANDING ISSUES AS THIS BILL
MOVES FORWARD WITH ME TODAY IN
SUPPORT OF AB 2439 IS MIKE
PICKENS, DISTRICT REPRESENTATIVE
OF INTERNATIONAL UNION OF
ENGINEERS LOCAL THREE, AND
MICHELE PICKENS, EXECUTIVE
DIRECTOR WITH THE CONSTRUCTION
INDUSTRY FORCE ACCOUNT COUNCIL.
MADAM CHAIRPERSON, CHAIRPERSON
AND MEMBERS OF THE COMMITTEE,
THANK YOU VERY MUCH FOR THE
OPPORTUNITY TO SPEAK TODAY, I
JUST WANTED TO TOUCH BASE ON
WHERE WE ARE LOOKING AT WITH
THIS BILL, AND AB 2439 WOULD
ENSURE, ESTABLISHED HELP US
ESTABLISHING TRANSPARENCY ON
THESE PROJECTS. THERE ARE
NUMEROUS PROJECTS THROUGHOUT
CALIFORNIA THAT THAT, ARE
OVERSEEN BY PRIVATE OWNERS AND
DEVELOPERS THAT ARE COVERED
UNDER PREVAILING WAGE LAW. AND
IT MAKES IT VERY DIFFICULT FOR
COMPLIANCE AGENCIES AND OUR
SISTER PARTNERS THAT, AGENCIES
THAT OVERSEE THESE PROJECTS AND
TRYING TO ENSURE A LEVEL PLAYING
FIELD, PERSONALLY, I HAVE DEALT
WITH THIS MYSELF SEVERAL TIMES
IN MY LABOR COMPLIANCE DAYS. A
PROJECT I DEALT WITH THAT HAD
OVER $40 MILLION OF PUBLIC
FUNDING IN IT, AND WE WERE
UNABLE TO ENSURE THOSE WORKERS
WERE ACTUALLY PAID CORRECTLY ON
THAT PROJECT OUT OF STATE
WORKERS, LOCAL
TELECOMMUNICATIONS WORKERS. IT
WAS IT WAS VERY FRUSTRATING TO
NOT BE ABLE TO OBTAIN THESE
DOCUMENTS, WE ARE EXCITED ABOUT
THIS BILL. WE ARE VERY GRACIOUS
OF THE AUTHOR FOR SUPPORTING THE
BILL AND CARRYING IT, WE HAVE
WORKED DILIGENTLY WITH THE, THE
ORGANIZATIONS AND OPPOSITION OF
THIS BILL. WE'VE MADE SEVERAL
AMENDMENTS AND CHANGES ON THAT,
AND WE WOULD WELCOME, MEETING
WITH THEM AGAIN. I BELIEVE WE
HAVE A MEETING ON THURSDAY OR
TOMORROW WITH THEM, ALSO, THERE
IS ANOTHER BILL OUT THERE LIKE
THIS THAT WE WOULD WELCOME,
COMMUNICATION WITH ON THAT BILL
IF THE COMMITTEE DEEMS
NECESSARY. WE THANK YOU. GOOD
AFTERNOON, MADAM CHAIR AND
ASSEMBLY MEMBERS, THANK YOU FOR
THE OPPORTUNITY TO SPEAK ON AB
2439. SO MY NAME IS AGAIN, MY
NAME IS MICHELLE PICKENS. I'M
THE EXECUTIVE DIRECTOR OF KFAC.
SO MY ORGANIZATION IS A
COALITION OF CONSTRUCTION
INDUSTRY ASSOCIATIONS AND
CONTRACTORS AND LABOR UNIONS.
AND WE MONITOR STATE AND LOCAL
AGENCIES COMPLIANCE WITH
COMPETITIVE BIDDING LAWS. THESE
LAWS ENSURES THAT THE TAXPAYER
FUNDS ARE USED IN A TRANSPARENT
AND RESPONSIBLE MANNER, AND THAT
THE PUBLIC GETS THE BEST PROJECT
FOR THE BEST VALUE. AB 2439
WOULD AMEND THE LABOR CODE TO
ENSURE THAT PRIVATE OWNERS,
DEVELOPERS AND THEIR AGENTS WHO
RECEIVE PUBLIC FUNDING TO
PERFORM THESE PROJECTS ARE HELD
TO THE SAME STANDARDS OF
TRANSPARENCY AND FISCAL
RESPONSIBILITY THAT IS REQUIRED
CURRENTLY OF PUBLIC AGENCIES ON
PUBLIC WORKS PROJECTS. SO WE
HAVE MY ORGANIZATION HAS HAD
NUMEROUS ENCOUNTERS WITH PRIVATE
ENTITIES, THAT RECEIVE A
SUBSTANTIAL AMOUNT OF PUBLIC
FUNDS, WHO HAVE USED THEIR
PRIVATE STATUS TO CIRCUMVENT IT,
PROVIDING US DOCUMENTATION
PURSUANT TO THE CALIFORNIA
PUBLIC RECORDS ACT. AND THIS IS
NOT JUST AFFORDABLE HOUSING.
THIS IS, THERE HAS BEEN SOME
AFFORDABLE HOUSING PROJECTS,
LAND CONSERVATION PROJECTS,
FIBER NETWORK PROJECTS, BASS
ZOO, THERE WAS A $200 MILLION
ZOO PROJECT. THERE'S ALL KINDS,
YOU KNOW, IT'S A IT'S A MYRIAD
OF PROJECTS, YOU KNOW. AND I
WOULD LIKE TO ALSO POINT OUT
THAT THERE'S ALREADY PROVISIONS
IN THE LABOR CODE THAT
CLASSIFIES PRIVATE ENTITIES THAT
RECEIVE PUBLIC FUNDS AS DE FACTO
PUBLIC AGENCIES. AND SO THIS
MEASURE WILL CLOSE THAT LOOPHOLE
THAT ALLOWS THE PRIVATE ENTITIES
TO WITHHOLD INFORMATION THAT
SHOULD BE PUBLICLY AVAILABLE. SO
WITH YOUR SUPPORT TODAY,
SAFEGUARDS CAN BE PUT IN PLACE
THAT LETS THE PUBLIC KNOW THAT
THESE FUNDS ARE BEING USED FOR
ITS INTENDED PURPOSES AND THAT
STATE LAWS HAVE BEEN FOLLOWED.
SO IN CLOSING, WE RESPECTFULLY
REQUEST YOUR SUPPORT AND I'M
AVAILABLE TO ANSWER ANY
QUESTIONS. THANK YOU SO MUCH.
THANK YOU. YOU ARE RIGHT ON THE
ON THE DOT AND COMMENTS IN
SUPPORT. MADAM CHAIR AND
MEMBERS, MIKE WEST, ON BEHALF OF
THE STATE BUILDING TRADES, PROUD
CO-SPONSOR OF THIS MEASURE.
THANK YOU, MADAM CHAIR AND
MEMBERS, MATT CREMEANS HERE. ON
BEHALF OF THE CALIFORNIA NEVADA
CONFERENCE OF OUR ENGINEERS,
PROUD SPONSORS OF THE BILL AND
STRONG SUPPORT. MADAM CHAIR
MEMBERS, EDIE BERNACCHI, ON
BEHALF OF THE CONSTRUCTION
INDUSTRY FORCE ACCOUNT COUNCIL,
ANOTHER SPONSOR OF THE BILL. I
APPRECIATE YOUR SUPPORT. THANK
YOU. MADAM CHAIR, MEMBERS.
JAMES, DIRECTOR OF THE
CALIFORNIA STATE COUNCIL OF
LABORERS, ALSO IN SUPPORT.
YVONNE FERNANDEZ, CALIFORNIA
LABOR FEDERATION AND SUPPORT.
THANK YOU. WE WILL NOW MOVE TO
OPPOSITION. DO YOU HAVE ANY
WITNESSES IN OPPOSITION?
GOOD AFTERNOON. MEMBERS MARK
STIVERS WITH THE CALIFORNIA
HOUSING PARTNERSHIP. AND I WANT
TO START OFF BY ACKNOWLEDGING
THAT MISS QUIRK-SILVA IS INDEED
ONE OF OUR HOUSING CHAMPIONS.
AND WE AND WE VERY MUCH
APPRECIATE HER RESPONSIVENESS TO
THE CONCERNS THAT WE HAVE
EXPRESSED. AND WE ALSO SHARE
WITH HER VERY MUCH THE FACT THAT
ON A DEVELOPMENT, AFFORDABLE
HOUSING DEVELOPMENTS WHERE THE
OWNERS ARE SUBJECT TO PREVAILING
WAGE REQUIREMENTS, THEY
ABSOLUTELY SHOULD BE PAYING
PREVAILING WAGES. AND IF THEY
ARE NOT, THERE SHOULD BE VERY
STRICT CONSEQUENCES. IN OUR VIEW
, WE DO PROVIDE THAT INFORMATION
CURRENTLY TO THE DEPARTMENT OF
INDUSTRIAL RELATIONS, OUR
DEVELOPERS THAT WE WORK WITH.
THEY SUBMIT PAYROLL RECORDS AND
WHATNOT TO DEMONSTRATE
COMPLIANCE TO THE DEPARTMENT OF
INDUSTRIAL RELATIONS. THOSE ARE
AVAILABLE TO MEMBERS OF THE
PUBLIC THROUGH THE PUBLIC
RECORDS ACT. AND SO WHAT WE DO
NOT UNDERSTAND ABOUT THIS BILL
IS HOW THE DOCUMENTS THAT WOULD
BE REQUIRED TO BE MADE AVAILABLE
RELATE TO COMPLIANCE WITH
PREVAILING WAGE LAWS. SO THE BID
SOLICITATION, ALL THE BIDS THAT
CAME IN, INCLUDING THOSE THAT
WERE NOT SELECTED, THE VARIOUS
CONTRACTS, DON'T REALLY HAVE
ANYTHING TO DO WITH WHETHER OR
NOT WE PAID OUR DEVELOPERS, PAID
PREVAILING WAGES OR NOT. SO
WE'RE JUST TRYING TO UNDERSTAND
WHAT THE PUBLIC PURPOSE IS OF
PROVIDING THESE DOCUMENTS. ON
THE OTHER HAND, YOU KNOW,
DEVELOPERS HAVE SMALL STAFFS. I
KNOW WHEN I RAN A STATE AGENCY,
WE HAD A FULL TIME PERSON
DEALING WITH PUBLIC INFORMATION
REQUESTS, AND WE ALSO HAD AN
ATTORNEY WHO HAD TO REVIEW ALL
THOSE AND REDACT ALL THE
RECORDS. SO THERE'S QUITE A BIT
OF WORKLOAD THAT IS PUT ON TO
DEVELOPERS BY THIS BILL. AND
AGAIN, WE'RE NOT QUITE SURE WHAT
THE PUBLIC BENEFIT IS THAT IT
ACHIEVES. SO THANK YOU VERY
MUCH. SO ANYWAY, WE ARE IN
OPPOSITION. THANK YOU I'M GOOD
AFTERNOON GRACIELA CASTILLO
KRINGS HERE ON BEHALF OF THE
CALIFORNIA HOUSING CONSORTIUM. I
AM NORMALLY MORE COMFORTABLE
BEING ON THE ASSEMBLYWOMAN SIDE
AND TESTIFYING IN FULL SUPPORT.
AND UNFORTUNATELY, WE CAN'T BE
THERE RIGHT NOW, BUT DO
APPRECIATE ALL OF THE WORK THAT
HER STAFF AND THE ASSEMBLYWOMAN
AND HER SPONSORS HAVE BEEN
BASICALLY DEDICATING TO THIS
BILL, TRYING TO MAKE SURE THAT
THE THEY ADDRESS THE CONCERNS OF
THE AFFORDABLE HOUSING
COMMUNITY. SO REALLY APPRECIATE
THAT. JUST WANT TO ECHO MY
COLLEAGUES POINTS. WE STAND
READY TO TRY TO FIGURE OUT A
COMPROMISE IN SOME TYPE OF
COLLABORATION THAT MAKES SURE
THAT BOTH OF OUR INTERESTS ARE
ADDRESSED. THANK YOU SO MUCH,
AND I'M SO SORRY WE HAVE TO BE
IN OPPOSITION TODAY. ANY
ADDITIONAL WITNESSES IN
OPPOSITION? GOOD AFTERNOON.
MICHELLE, ON BEHALF OF THE
ASSOCIATED BUILDERS AND
CONTRACTORS OF CALIFORNIA, ALSO
IN OPPOSITION. UNFORTUNATELY,
AFTER CAREFUL ANALYSIS, WE DO
THINK THAT WE JUST NEED YOUR
NAME. OKAY. POSITION. THANKS.
THANK YOU. GOOD AFTERNOON,
RICHARD MARCUSSEN, FOR THE
PLUMBING, HEATING AND COOLING
CONTRACTORS OF CALIFORNIA AND
THE WESTERN ELECTRICAL
CONTRACTORS IN OPPOSITION.
CATHERINE CHARLES, ON BEHALF OF
HOUSING CALIFORNIA IN OPPOSITION
. KAREN STOUT ON BEHALF OF
HABITAT FOR HUMANITY, CALIFORNIA
AND REGRETFUL OPPOSITION ON
SEEING NO OTHER WITNESSES IN
OPPOSITION. THÀNH, WELL DO WE
HAVE ANY MEMBERS WHO WOULD LIKE
TO ASK QUESTIONS OR COMMENTS AND
ALSO, TO THE AUTHOR, IF YOU
WOULD LIKE TO RESPOND TO THE
OPPOSITION AS WELL, MAYBE, MAYBE
WE'LL START RIGHT THERE,
BECAUSE, YOU KNOW, LIKE YOU, WE,
WE THINK VERY CRITICALLY ABOUT
WHAT WE'RE TRYING TO DO TO BE
SUPPORTIVE OF, THE ECOSYSTEM
THAT WE HAVE THAT'S THAT'S
PRODUCING OUR AFFORDABLE HOUSING
. AND I'M, MAYBE, MAYBE WALK IT
BACK A LITTLE BIT WITH, YOU
KNOW, WHAT THIS BILL WILL DO IN
THE FORM OF DISCLOSURES THAT WE
DON'T ALREADY HAVE TODAY BECAUSE
THEY'RE ASSERTING THAT MUCH OF
THIS IS ALREADY AVAILABLE
THROUGH REPORTS SUBMITTED TO
DIR, BUT THERE'S YOU'RE
CERTAINLY ALLEGING OR OBSERVING
THAT THERE IS MORE INFORMATION
THAT THAT'S NOT AVAILABLE OR AT
LEAST NOT AVAILABLE THROUGH THE
PUBLIC RECORDS ACT REQUESTS. SO
WHAT ARE WE TRYING TO ACHIEVE
HERE? DO YOU WANT TO GO AHEAD
AND ANSWER THAT PART? WOULD YOU
LIKE ME TO ANSWER THAT? GO
AHEAD. OKAY. OKAY, THANK YOU
VERY MUCH FOR YOUR QUESTION, SO
MY RESPONSE TO THAT IS THAT,
SOME OF THE INFORMATION, SOME OF
THE PROPRIETARY INFORMATION
THÀNH IS, IS NOT WHAT WE'RE
NECESSARILY LOOKING FOR, WE
UNDERSTAND THAT THERE ARE SOME,
YOU KNOW, PRIVATE INFORMATION
THAT WOULD ABSOLUTELY BE
REDACTED. SO THAT'S ONE PART OF
IT. THE OTHER PART OF IT IS THAT
THE PRIVATE ENTITIES THAT
RECEIVE PUBLIC FUNDS SHOULD BE
PROVIDING THAT INFORMATION, TO
THE DIR, BUT THEY'RE NOT ALWAYS
PROVIDING THAT AS A MATTER OF
FACT, QUITE OFTEN THEY'RE NOT
PROVIDING THAT INFORMATION. AND
OR THEY ARE PROVIDING INACCURATE
INFORMATION, FOR EXAMPLE, IN THE
PWC 100 SYSTEM. BUT WE HAVE AND
WE HAVE MECHANISMS IN PLACE IF
THAT'S NOT FOLLOWED RIGHT, THEY
SHOULD BE FOLLOWED. PLEASE,
THANK YOU, IF I MAY, SO FROM THE
COMPLAINT FROM A LABOR
COMPLIANCE STANDPOINT, IF YOU
WERE GOING TO FILE A COMPLAINT,
WAGE COMPLAINT WITH THE DIR,
THERE ARE CERTAIN DOCUMENTATION
THAT DIR WOULD LIKE YOU TO HAVE
PRESENTED TO THEM WITH YOUR
COMPLAINT BEFORE IT GETS TAKEN
AS A AS A LEGIT, SERIOUS
COMPLAINT. AS YOU CAN IMAGINE,
WITH THESE, THE STAFF AT DIR HAS
THEY ARE STRUGGLING TO JUST KEEP
THEIR HEADS ABOVE WATER. LET'S
BE HONEST, THEY HAVE A HUGE
CASELOAD. IT'S HARD TO HIRE AND
RETAIN EMPLOYEES IN THAT
DEPARTMENT BECAUSE OF THE GRIND.
IT IS, WHEN YOU WHEN YOU SUBMIT
A COMPLAINT, YOU NEED CONTRACT
DOCUMENTS THAT SHOW THAT THERE'S
A CONTRACT IN PLACE BECAUSE
UNDER 17, 20, IT'S WORK PAID FOR
IN WHOLE OR, PARTIALLY OUT OF
PUBLIC FUNDS DONE UNDER
CONTRACT. SO HAVING THE
CONTRACT, HAVING THE COPY OF THE
PAYMENT AND PERFORMANCE BONDS,
THE SURETY BOND, ALL THAT
NECESSARY DOCUMENTATION, YOU
WOULD NEED TO HAVE THAT
CURRENTLY WE CANNOT REQUEST IT
FROM THE OWNER OR DEVELOPER
BECAUSE THEY SIMPLY SEND A
LETTER BACK SAYING WE ARE NOT A
POLITICAL SUBDIVISION OF THE
STATE. WE'RE NOT SUBJECT TO
GOVERNMENT PUBLIC RECORDS ACT
REQUEST RIGHT? WHY WOULD YOU
NEED INFORMATION ABOUT BOND?
SORRY THEIR FINANCIALS THAT WERE
ISSUED. IF YOU'RE TRYING TO
ENSURE COMPLIANCE WITH WITH WAGE
LAWS. RIGHT. SO IF THE STATE AND
DIR DETERMINES THAT THERE IS
UNDERPAYMENT OF PREVAILING
WAGES, THEY WOULD GO IF THE
CONTRACTOR REFUSED TO PAY, THEY
WOULD GO AFTER THEIR BONDS. THE
STATE WOULD GO AFTER THEIR
BONDS, THEIR PERFORMANCE BOND,
THEIR PAYMENT BOND, THEIR SURETY
BOND TO ENSURE THAT THEY WORK.
THOSE WORKERS ARE RECOVERED,
THEIR MONIES, BUT THAT THAT
HAPPENS, CERTAINLY OUR ATTORNEY
GENERAL IS ALREADY ABLE TO, DIG
INTO THAT IF, THE, THE, THE
EVIDENCE IS THERE OR IF ENOUGH
EVIDENCE IS SUFFICIENT TO OPEN
UP AN INVESTIGATION. AND MY 26
YEARS OF DOING THIS, I'VE NEVER
SEEN THE AG'S OFFICE OUTSIDE OF
MAYBE THE LARGE CASE IN SOUTHERN
CALIFORNIA THAT WAS LIKE AN $800
MILLION CASE FOR UNDERPAYMENT OR
NOT 800. IT WAS $130 MILLION. I
THINK IT WAS. THAT WAS AN
UNDERPAYMENT OF PREVAILING
WAGES. THAT'S THE ONLY TIME I
THINK I'VE SEEN THE AG'S OFFICE
INVOLVED IN A PUBLIC WORKS CASE.
LET ME FLIP IT ON ITS HEAD FOR
OUR OPPOSITION IN, YOU KNOW, IN
THE INTEREST OF DISCLOSURES,
WHERE IS THERE SOMETHING HERE
THAT IS SO ONEROUS THAT IT'S
GOING TO, IMPEDE THE WORK THAT
YOU NEED TO DO, I WOULD SAY THE
VOLUME OF DOCUMENTS THAT THE
BILL REQUIRES, IT'S
SOLICITATIONS, ALL THE BIDS THAT
COME IN, ALL THE CONTRACTS FOR
CONTRACTORS AND VARIOUS
SUBCONTRACTORS, AND THEN IT HAS
TO ALL BE REDACTED, TOO, FOR THE
PROPRIETARY INFORMATION THAT
THEY MENTIONED FOR PAY, YOU
KNOW, PAYROLL RECORDS, SOCIAL
SECURITY NUMBERS, ETC. ETC. SO
THAT IS, IN OUR VIEW, A FAIRLY
HIGH WORKLOAD. WHAT I'M HEARING
IS I THINK MAYBE WE CAN HAVE
FURTHER CONVERSATIONS IF THERE
ARE ITEMS THAT DIR WOULD NEED TO
COMPLETED AN INVESTIGATION, WE
CAN PROBABLY WORK WITH THEM ON
SOMETHING LIKE THAT, BUT THAT'S
A LITTLE BIT DIFFERENT THAN JUST
AND MEMBERS OF THE PUBLIC AND
THESE LABOR ENTITIES CAN CAN
REQUEST DIRECTLY FROM THE, THE
DEVELOPER IN ALL CASES, EVEN
WHEN THERE'S NOT, YOU KNOW, AN
INVESTIGATION PENDING. RIGHT.
YOU COULD GET HIT WITH AN
ONSLAUGHT OF, YOU KNOW, JUST,
YOU KNOW, JUST, ITERATIVE
REQUESTS AND, AND REALLY BOG YOU
DOWN WITH, ADMINISTRATIVE
BURDEN, I GUESS IS ANOTHER WAY
TO RESTATE WHAT YOU SAID.
CORRECT OKAY, THANK YOU, MR.
QUIRK-SILVA. WE'RE ALWAYS TRYING
TO BALANCE, YOU KNOW, THE NEED
FOR TRANSPARENCY AND ADHERENCE
TO OUR LAWS AND ULTIMATELY TO
MAKE SURE THAT THE WORKERS ARE
GETTING THEIR DUE, ESPECIALLY
WHERE OUR PUBLIC DOLLARS ARE
INVESTED, AND I, YOU KNOW, WANT
TO BE SENSITIVE TO, OF COURSE,
THE NEEDS FOR AS YOU ARE AS
WELL, TO THOSE THAT ARE HELPING
TO DEVELOP OUR AFFORDABLE
HOUSING NEEDS IN OUR STATE, AND
BEING THOUGHTFUL ABOUT THE
REQUIREMENTS, WE'RE TOUCHING A
LOT OF LEGISLATION THIS YEAR
AROUND, OTHER, YOU KNOW,
MANDATES THAT OTHER COSTS THAT
KIND OF GO ON TO DEVELOPMENT AND
IN THIS, IN THIS FORM, YOU KNOW,
TIME SPENT. RIGHT. AND SO IS
THERE A ADDITIONAL BENEFIT THAT
WE'RE ACHIEVING HERE VERSUS WHAT
A, THE REQUIREMENT THAT IS
PROVIDING FOR THIS DIRECTION IS
THE BALANCE THAT WE'RE TRYING TO
RECONCILE. WELL, I THINK THE
ATTEMPT ON THIS, AGAIN, IS TO
BRING CLARITY TO THE PUBLIC OF
HOW ARE THESE TAXPAYER DOLLARS
BEING USED, NUMBER ONE, BUT TO
ALSO HAVE THE RECORDS AND
BACKGROUND. BUT I DO ACKNOWLEDGE
THAT WE'VE STEPPED INTO A SPACE
HERE THAT COULD GO TOO FAR. AND
AS YOU'VE HEARD ME ON HOUSING
MANY TIMES SAYING, WE'RE EITHER
NOT DOING ENOUGH OR GOING TOO
FAR, MEANING AGREEING WITH OUR
HOUSING PARTNERS THAT THIS COULD
DELAY, IT COULD SLOW DOWN, IT
COULD, IN ESSENCE, THE WORKLOAD
THAT WOULD BE REQUIRED TO ATTAIN
THESE RECORDS, COULD, TAKE A
HUGE AMOUNT OF STAFF TIME ON THE
OTHER HAND, KNOWING, THERE ARE
OBVIOUSLY MANY, MANY GOOD ACTORS
IN THIS SPACE OF HOUSING
DEVELOPMENT, BUT THERE'S ALSO
SOME BAD ACTORS AND MAKING SURE
THAT AT THE LEAST THEY KNOW THAT
THEY ARE RESPONSIBLE FOR THESE
TYPE OF RECORDS. SO EVEN IF
THERE WASN'T A PUBLIC RECORDS
REQUEST, THAT THEY KNOW AT THE
LEAST WHAT TYPE OF RECORDS THEY
SHOULD BE KEEPING, WHAT KIND OF
INFORMATION, IF IT WAS REQUESTED
, THEY'D HAVE IT ON HAND, BUT I
DO AGREE, WE STILL HAVE WORK TO
DO ON IT, AND IT IS A
INTERESTING SPACE FOR ME TO HAVE
STEPPED INTO, AS I BELIEVE IT'S
THE FIRST TIME I'VE BEEN TO THE
LABOR COMMITTEE IN ALL OF MY TEN
YEAR, BUT I THINK THERE IS A
SMALL, NARROW SPACE HERE, IF
THIS BILL GETS THROUGH THAT WE
CAN CONTINUE TO WORK TO NOT MAKE
IT SO ONEROUS ON THE HOUSING
PARTNER SIDE, BUT ALSO BRING
SOME CLARITY TO THE LABOR SIDE.
WELL, IF I MAY, ON ON BEHALF OF
THE CHAIR, WELCOME, AND YOU'RE
WELCOME BACK ANYTIME. WE HAVE A
LOT OF WORK TO DO IN THIS SPACE,
AND, I WOULD SAY, YOU KNOW, I
TRUST VERY STRONGLY THAT, YOU
KNOW, YOU CARE VERY MUCH TO MAKE
SURE THAT WE ARE DOING, YOU
KNOW, MORE CERTAINLY FAR MORE
BENEFIT THAN, THAN THAN HARM
HERE. RIGHT. AND THAT WE'RE NOT
CREATING ANYTHING THAT IS EITHER
, REDUNDANT OR UNNECESSARY, BUT
I NO DOUBT THAT RECORDS EXIST.
RIGHT. AND TO WHAT EXTENT? LIKE,
YOU KNOW, IS THAT HELPFUL IN A
COORDINATED WAY TO BE ABLE TO
DISSEMINATE INFORMATION UPON
PUBLIC REQUEST, THESE ARE
DETAILS THAT THAT HOPEFULLY CAN
CONTINUE THROUGH CONVERSATION.
I'D LIKE TO SEE WHERE THEY GO.
SO I'LL OFFER A VOTE. AND,
SUPPORT A VOTE TODAY, BUT, YOU
KNOW, WE'LL BE WATCHING THIS TO
MAKE SURE IT'S SOMETHING THAT
CAN WORK IN PRACTICE. THANK YOU.
SEEING NO OTHER COMMENTS, I
WOULD LIKE TO MAKE A COMMENT.
WELCOME TO LABOR. I'M GLAD YOU
WAITED UNTIL I GOT HERE. AND I
CAN SEE WHY YOU ARE HERE AND,
YOU KNOW, APPRECIATE YOU BEING A
HOUSING CHAMPION. AND TODAY
YOU'RE BEING A CHAMPION FOR
TRANSPARENCY AND ACCOUNTABILITY
OF OUR TAXPAYER DOLLARS, WHICH
IS WHY I'M SUPPORTING YOUR BILL.
AND I WOULD LIKE, CAN WE GET A
DO WE HAVE A MOTION AND A
SECOND, WOULD YOU LIKE TO CLOSE
RESPECTFUL ASKED, FOR YOUR. AYE.
VOTE ON THE PROMISE WE WILL
CONTINUE TO WORK WITH MY FRIENDS
HERE. I ALSO WOULD LIKE TO KNOW,
TO THE AUTHOR, THAT WE DO HAVE
TWO IDENTICAL BILLS, YOURS,
MEMBER AND AB 3186
PETRIE-NORRIS, SO I'M HOPING YOU
GUYS CAN FIGURE WORK THAT OUT,
BUT, SECRETARY, CAN YOU PLEASE
CALL THE ROLL? THE MOTION IS TO
PASS TO APPROPRIATIONS. ORTEGA
Ã ORTEGA I. FLORA. FLORA NOT
VOTING. ALANIS. WENDY CARILLO
LEE. LEE I WARD. WARD I ZUBIR.
THAT MEASURE IS ON CALL. THANK
YOU, THANK YOU. ANYTHING ELSE?
OKAY FIVE AND SIX IS THAT ONE'S
ON. OKAY. SO WE DO SEE OUR
BIRTHDAY BOY HERE, HAPPY
BIRTHDAY TO ASSEMBLY MEMBER
HANEY. NOW, AS A BIRTHDAY GIFT,
YOU GET TO COME UP AND PRESENT
YOUR BILLS. WE HAVE BILL NUMBER
FIVE AND SIX, AB 2751. OH. I'M
SORRY, HE'S GOT A SUPPORT.
SUPPORT? OH IT'S UP TO YOU. IT'S
UP TO YOU. OKAY SURE. ASSEMBLY
MEMBER LOWENTHAL, WOULD YOU LIKE
TO COME UP? GIVING LOTS OF GIFTS
AWAY FOR MY BIRTHDAY. ONLY
BECAUSE WE HAVE THE ENTIRE ROOM
WAITING A LONG TIME. THANK YOU,
MADAM CHAIR. AND MEMBERS WOULD
ALSO LIKE TO NOTE, ASSEMBLY
MEMBER RENDON, WAS WAITING. SO
SORRY, HE'S. IT'S OKAY. HE'S IN
THE BACK. SO MAYBE, WE'LL GO
AHEAD AND MOVE FORWARD WITH
LOWENTHAL AND THEN, MADAM CHAIR,
WE WILL WE WILL GO AS
EXPEDITIOUSLY AS POSSIBLE. I
WANT TO PLEASE PREVENT PRESENT
AB 3143, WHICH PREVENTS AN
EMPLOYER FROM PROHIBITING OR
IMPLEMENTING A POLICY TO
PROHIBIT EMPLOYEE OF A
RESTAURANT FROM RECEIVING A
GRATUITY THAT IS PAID, GIVEN TO,
OR LEFT FOR AN EMPLOYEE BY A
PATRON. TIPPING HAS BECOME A
COMMONPLACE. HAS BECOME
COMMONPLACE THROUGHOUT MUCH OF
THE FOOD SERVICE INDUSTRY, BUT
THERE ARE STILL SOME RESTAURANTS
THAT MAINTAIN POLICIES TO
PREVENT THEIR EMPLOYEES FROM
ACCEPTING GRATUITIES. TIPS ARE
AN IMPORTANT SOURCE OF
SUPPLEMENTAL INCOME FOR FOOD
SERVICE EMPLOYEES, ESPECIALLY
FOR EMPLOYEES EARNING MINIMUM
WAGE AND POLICIES TO PREVENT
TIPPING ARE EXCLUDING THESE
EMPLOYEES FROM EARNING THIS
VALUABLE SUPPLEMENTAL INCOME.
FOOD PREP AND SERVICE WORKERS
ARE MOST LIKELY TO EARN MINIMUM
WAGE. NATIONALLY, NEARLY 9% OF
HOURLY FOOD PREPARATION AND
SERVICE WORKERS MAKE THE MINIMUM
WAGE OR LESS. THE HIGHEST OF ANY
OCCUPATION TYPE, BY ALLOWING FOR
TIPPING IN ALL RESTAURANTS, AB
3143 ALLOWS FOOD SERVICE
EMPLOYEES TO EARN SUPPLEMENTAL
INCOME AND TAKES AN IMPORTANT
STEP TOWARDS CLOSING THE WAGE
GAP EXPERIENCED BY UNDERSERVED
AND MARGINALIZED COMMUNITIES WHO
ARE DISPROPORTIONATELY
REPRESENTED IN THESE LOW WAGE
JOBS. IN THE FOOD SERVICE
INDUSTRY, THIS IS A COMMON SENSE
MEASURE, LONG OVERDUE. IN ORDER
TO CREATE PARITY FOR ALL FOOD
SERVICE WORKERS IN THE
RESTAURANT INDUSTRY. THANK YOU.
DO YOU HAVE ADDITIONAL
WITNESSES? NO WITNESSES. OKAY.
DO WE HAVE ANYONE IN SUPPORT?
ANYONE IN OPPOSITION SEEING
NONE. ANY QUESTIONS OR COMMENTS
FROM THE MEMBERS? NO. OKAY OKAY.
SECRETARY, CAN YOU PLEASE CALL
THE ROLL? OH, WOULD YOU LIKE TO
CLOSE? I RESPECTFULLY ASK FOR
YOUR. I VOTE THE MOTION IS Dð
PASS TO APPROPRIATIONS. ORTEGA.
ORTEGA. I FLORA I FLORA I
ALANIS. WENDY CARILLO LEE I LEE
I WARD. ZUBIR MEASURE IS ON CALL
.
ASSEMBLY MEMBER. RENDON, ARE YOU
OKAY? WE WILL NOW GO TO ITEM
NUMBER 8AB2754.
WELCOME, SPEAKER. AND MEREDITH.
THANK YOU. GOOD TO SEE YOU. GOOD
TO SEE YOU, EVERYONE. THIS WILL
BE EASY. UNANIMOUS AND
BIPARTISAN. THANK YOU. CHAIR.
YEAH, YEAH. NO. NO PRESSURE.
WE'RE GOOD. THANK YOU, CHAIR AND
COMMITTEE MEMBERS, AB 2754 WILL
PROVIDE GREATER EMPLOYMENT
PROTECTION TO TRUCK DRIVERS
ACROSS THE STATE BY ENSURING
COMPANIES THAT CONTRACT WITH
MOTOR CARRIERS TO SHIP
CONTAINERIZED FREIGHT ARE HELD
LIABLE FOR ANY VIOLATIONS OF A
LABOR LAW. THIS BILL WOULD ALSO
HOLD THESE CONTRACTING COMPANIES
LIABLE FOR KNOWINGLY ENTERING
INTO CONTRACTS THAT DO NOT PAY
ENOUGH FOR CERTAIN MOTOR
CARRIERS TO COMPLY WITH STATE
LABOR LAWS, MAKING THESE CARGO
OWNERS RESPONSIBLE FOR LABOR LAW
VIOLATIONS WILL INCENTIVIZE THEM
TO CONTRACT ONLY WITH COMPANIES
THAT FOLLOW THE LAW AND PROPERLY
CLASSIFY THEIR EMPLOYEES.
FURTHERMORE, THIS BILL WILL PUSH
THESE COMPANIES TO ENSURE THAT
THEIR CONTRACTS CAN SATISFY ALL
OF THEIR LEGAL OBLIGATIONS TO
THEIR WORKERS HERE TO SPEAK IN
SUPPORT OF THE BILL ARE GERARDO
DOMINGUEZ, A FORMER DRIVER, AND
BILL PARROT OF A1 GROUP OF
TRUCKING COMPANIES. MUY BUENOS
TARDES. ME NOMBRE ES GERARDO
DOMINGUEZ YO VENGO DE SAN DIEGO,
CALIFORNIA. AGRADEZCO LA
OPORTUNIDAD PARA PODER COMPARTIR
ME EXPERIENCIA. YO DIGO SIEMPRE
DIOS BENDIGA ME ESPOSA. GRACIAS
A C¯ ELLA ES UNA EMPLEADA BIEN.
CLASIFICADO ME TRAGEDIA. PUDO
ADELANTE Y SOBRE LLEVARLO PORQUE
IMAGINEN C¯ DESPUÉS DE SIETE
ANOS QUÊ YO TRABAJÉ LOS ULTIMOS
SIETE ANOS PARA UNA EMPRESA ME
ACCIDENTAL. NECESITO OPERASYON
DE HOMBRO A RINONES Y EN TIEMPOS
DEL COVID. ESTE YA NO ES ALGO DE
LOS PITAL. LAS CUENTAS DE LOS
PITAL SON MUY GRANDES Y LA
COMPANIA. QUÉ FUE LO QUÊ ME DIJO
YO TRABAJABA PARA ESTÁ Y ME DICE
LO SENTIMOS ESTÁ NO ERES NUESTRO
EMPLEADO BUSCA Tê, DOCTOR. NO
ESTAS APTO PARA TRABAJAR Y SI TE
CURAS PUEDES REGRESAR AQUI TE
ESPERAMOS. ENTONCES ES UN
IMPACTO MUY MUY GRANDE. CUANDO
UNO DEDICA A SU VIDA A UN OFICIO
PORQUE A ME ME GUSTA MANEJAR. YO
TENGO LICENCIA COMERCIAL DE UNO
Y LO QUÊ NOS HA LICCARDO COMO
TRABAJADORES DEL VOLANTE ES LA
MALA CLASIFICACION, PORQUE ELLOS
NOS PONEN COMO CON ESTAS
INDEPENDIENTES Y AL NO TENER
ASEGURARNOS WAS COMPENSATION DEL
TRABAJADOR AL NO TENER EL
BENEFICIO DEL DESEMPLEO AL NO
TENER ASEGURARSE DE PUES NO NOS
ALCANZAN PARA PAGAR LOS LAS
FACTURAS DE NUESTRAS DE NUESTRA
FAMILIA Y VIVIMOS EN UNA
SITUACION PRECARIA YO TRABAJADO
DESDE VARIAS EMPRESAS. PERO LA
ULTIMA FUE ESTE HIGH PREVALENCE.
PREVALENCE. LA MALA PRACTICA AL
NÓ A CLASIFICADOS COMO
EMPLEADOS. AUNQUE LAS AGENCIES
PUES YA NOS HAN DADO ESA
CATEGORIA, PERO NO LA RESPETAN
MUCHAS GRACIAS AGRADEZCO LA EDAD
DE SUS ATTENTION. THANK YOU SO
MUCH FOR THAT NEXT WITNESS,
PLEASE. I'M GOING TO BE
TRANSLATING FOR MR. DOMINGUEZ,
THIS IS MR. DOMINGUEZ FROM SAN
DIEGO. HE SAID THANK YOU GUYS
FOR LETTING HIM SHARE HIS
EXPERIENCE. HE WANTED TO START
OFF BY BY SAYING THAT HE ALWAYS
SAYS, THANK GOD FOR MY WIFE
BECAUSE MY WIFE IS CORRECTLY
CLASSIFIED AND IS EMPLOYEE AND
HAS INSURANCE. AND THIS CAME
INTO PLAY BECAUSE IMAGINE AFTER
SEVEN YEARS YOU'RE WORKING FOR A
TRUCKING COMPANY AND THEN YOU
HURT YOUR SHOULDER, YOU HAVE
KIDNEY ISSUES AND YOU GET COVID
AND GET STUCK IN THE HOSPITAL,
AND YOU GO TO THE COMPANY WHO AT
THAT POINT WAS STG. AND ALL THEY
SAY TO YOU IS, SORRY, YOU'RE NOT
OUR EMPLOYEE. GO FIND YOUR OWN
DOCTOR AND IF YOU'RE ABLE TO GET
YOURSELF BETTER, MAYBE YOU CAN
COME BACK AND WORK. BUT HE HAS
HAD HIS LICENSE SINCE 2001 AND
HAS WORKED AS A TRUCK DRIVER
SINCE THEN. HE HAS HIS LICENSE,
AND HE SAYS THAT WHAT'S HURT
WORKERS THE MOST IS BEING
MISCLASSIFIED, BECAUSE THIS
MEANS THAT THEY DON'T HAVE
ACCESS TO PROGRAMS LIKE WORKER'S
COMP TO UNEMPLOYMENT BENEFITS OR
EVEN ACCESS TO MEDICAL
INSURANCE. AND IT ALSO MEANS
THAT IT'S REALLY HARD FOR THEM
TO EVEN PAY THEIR BILLS. AND
WHEN HE GETS HURT LIKE HE DID,
IF IT HADN'T BEEN FOR HIS WIFE,
THAT WOULD HAVE BEEN, VERY
DETRIMENTAL TO HIM IN HIS
FAMILY. HE'S OVER HIS SEVEN
YEARS, HE SPENT WORKING FOR
VARIOUS DIFFERENT COMPANIES AND
THE MISCLASSIFY COMMISSION
PERSISTS THAT ALL THESE
COMPANIES THAT HE'S LOOKED AT,
HE ACTUALLY HAD TO LEAVE THE
INDUSTRY BECAUSE HE JUST
COULDN'T KEEP WORKING ANYMORE,
EVEN THOUGH HE STILL HAS HIS
LICENSE AND HE JUST SAYS IT'S
SHOCKING TO HIM THAT THIS
MISCLASSIFICATION CONTINUES WHEN
STATE AGENCIES HAVE CONTINUALLY
FOUND THAT THESE DRIVERS ARE
EMPLOYEES. THANK YOU VERY MUCH.
NEXT WITNESS PLEASE. TWO TWO
MINUTES. YEAH. GOOD AFTERNOON.
THANK YOU TO THE COMMITTEE TO
ALLOW ME TO SPEAK ON BEHALF OF
AB 2754 AS AN EMPLOYER, AND AN
OWNER OF A TRUCKING
ORGANIZATION. I'M HERE IN
SUPPORT OF AB 2754 FOR THE
PRIMARY REASON TO LEVEL THE
PLAYING FIELD. SO AS AN EMPLOYER
IN A GOOD STATE, ACTOR
PROVIDING, A LIVING WAGE,
INSURANCE BENEFITS AND WORK COMP
FOR OUR EMPLOYEES, WE ARE OFTEN
TASKED TO OPERATE AND COMPETE
AGAINST TRUCKING COMPANIES THAT
ARE BAD STATE ACTORS. SO I'M
HERE TO ASK FOR YOUR SUPPORT AND
ESSENTIALLY, LEVELING THE
PLAYING FIELD. THANK YOU VERY
MUCH FOR THAT. ANY OTHER
WITNESSES IN SUPPORT OF AB?
2754? MR. CHAIRMAN, MEMBERS OF
THE COMMITTEE, SHANE GUZMAN, ON
BEHALF OF THE CALIFORNIA
TEAMSTERS PUBLIC AFFAIRS
COUNCIL, WE ARE THE SPONSORS OF
THE BILL AND JUST WANT TO
APPRECIATE THE WORK OF THE
COMMITTEE, WE'VE BEEN WORKING
WITH THE TRUCKING ASSOCIATION. I
THINK WE'RE GETTING VERY CLOSE
TO A DEAL HERE. THANK YOU VERY
MUCH. NAME AN ORGANIZATION,
PLEASE. YES ERIC TATE, PRINCIPAL
OFFICER OF TEAMSTERS LOCAL 88,
HERE IN SUPPORT. THANK YOU.
THANK YOU. YVONNE FERNANDEZ,
CALIFORNIA LABOR FEDERATION AND
SUPPORT. THANK YOU VERY MUCH.
ANYONE IN OPPOSITION TO AB 2754.
COME ON UP TWO MINUTES PER
WITNESS, PLEASE. SO GOOD
AFTERNOON, MR. CHAIR. AND
MEMBERS. KISHIMOTO WITH THE
CALIFORNIA TRUCKING ASSOCIATION,
I'M JOINED HERE TODAY BY
ANGELINA MAMBRETTI AND
INDEPENDENT TRUCKER, AND WE'LL
BE DEFERRING THE BALANCE OF MY
TIME TO HER. BUT FIRST, I WANTED
TO THANK THE AUTHOR AND SPONSORS
FOR MEETING WITH US, WE ARE
OPPOSED TO THE BILL IN PRINT,
BUT ARE CONFIDENT THAT WE ARE
GOING TO COME TO AN AGREEMENT,
ON A STANDARD THAT WILL TARGET
THE BAD ACTORS. MR. PRATT,
DISCUSSED THAT WHILE PROTECTING
THE RIGHTS OF INDEPENDENT
TRUCKERS LIKE ANGELINA, WHO HAVE
MADE SIGNIFICANT CHANGES TO
COMPLY WITH AB5 TO CONTINUE
OPERATING THEIR BUSINESSES. SO
WITH THAT, I'LL HAND IT TO
ANGELINA. THANK YOU TO THE
COMMITTEE FOR YOUR TIME. HAPPY
TO ANSWER ANY QUESTIONS. GOOD
AFTERNOON. CHAIR, MY NAME IS
ANGELINA MAMBRETTI. I'M THE SOLE
OWNER OF FOOD DOG LOGISTICS,
LLC. I AM A FORMER COMPANY
DRIVER OF 21 YEARS. I'VE BEEN
DRIVING TRUCK AND IT'S ALWAYS
BEEN MY DREAM TO OWN MY OWN
BUSINESS. AND I TOOK THE STEPS
FINANCIALLY. THAT RESPONSIBLE TO
BUY THE PROPER INSURANCE. THE I
HAVE MY OWN AUTHORITY. I DO NOT
HAVE EMPLOYEES RUNNING UNDER ME,
BECAUSE OF YOU HAVE TO FOLLOW
THE RULES AND GET ON, WORKMAN'S
COMP AND CLASSIFY THEM PROPERLY.
AND I DON'T FEEL THE WAY THE
BILL IS WRITTEN AS IT SITS RIGHT
NOW. IT'S TARGETED UNFAIRLY,
TARGETING INDIVIDUALS LIKE
MYSELF WHO ARE COMPLYING WITH
THE LAW, WHO ARE FILING
FOLLOWING THE RULES, LIKE MAYBE
A LITTLE BIT DIFFERENT WORDING
TO, GO BECAUSE IT'S, IT'S MAKING
PEOPLE NOT WANT TO DO BUSINESS
WITH ME BECAUSE BECAUSE THEY'RE
JUST SAYING, WELL, WE ONLY WANT
TO DO BUSINESS WITH BIG
COMPANIES BECAUSE THE SMALLER
GUYS AREN'T FOLLOWING THE RULES.
AND THAT'S NOT TRUE WITH ALL OF
US SMALLER COMPANIES. A LOT OF
US ARE FOLLOWING THE RULES AND
HAVE MADE, CHANGES TO OUR
BUSINESS TO COMPLY WITH AB5 LAW
AND WITH LITTLE STATE GUIDANCE
OR, A LAYOUT OF HOW WE SHOULD BE
FOLLOWING THE RULES, WE'VE HAD
TO FIND OUT ON OUR OWN BY TRIAL
AND ERROR, TO MAKE SURE THAT
WE'RE LEGALLY PROPER. AND I JUST
ON BEHALF OF MYSELF AND OTHER
DRIVERS WHO ARE DOING IT
PROPERLY, WE JUST I OPPOSE ANY
BILL THAT WOULD DISCOURAGE
COMPANIES FROM DOING BUSINESS
WITH ME. AND I'VE TRAVELED ALL
THE WAY FROM LA TO EXPRESS MY
CONCERNS HERE IN SACRAMENTO TO
REQUEST A NO VOTE FOR AS THE
BILL, THE WAY THE BILL'S WRITTEN
AT THIS POINT. THANK YOU FOR
YOUR TIME. DO WE HAVE ADDITIONAL
WITNESSES IN OPPOSITION? JUST
NAME ENTITY AND POSITION. GOOD
AFTERNOON, ASHLEY HOFFMAN WITH
THE CALIFORNIA CHAMBER OF
COMMERCE IN OPPOSITION. AND
APPRECIATE THE SPONSORS AND
OFFICE OFFICE WORKING WITH US.
THANK YOU. GOOD AFTERNOON. RYAN.
ELAINE, ON BEHALF OF THE
CALIFORNIA RETAILERS
ASSOCIATION, IN OPPOSITION.
THANK YOU. MANDY ISAACS LEE, ON
BEHALF OF THE CIVIL JUSTICE
ASSOCIATION OF CALIFORNIA,
RESPECTFUL OPPOSITION. GOOD
AFTERNOON, BRIAN LITTLE,
CALIFORNIA FARM BUREAU IN
OPPOSITION FOR THE REASONS
OUTLINED BY CTA. THANK YOU. GOOD
AFTERNOON. LIZZIE KUTSUNA HERE
ON BEHALF OF THE CALIFORNIA
MOVING AND STORAGE ASSOCIATION,
RESPECTFUL OPPOSITION. THANK YOU
. LAWRENCE GAYTAN, ON BEHALF OF
THE CALIFORNIA MANUFACTURERS AND
TECHNOLOGY ASSOCIATION, IN
OPPOSITION. THANK YOU. GOOD
AFTERNOON. NICK CHAPPIE. HERE IS
A PROXY FOR THE ASSOCIATE
CALIFORNIA LOGGERS, THE
CALIFORNIA LEAGUE OF FRUIT
PRODUCERS, THE HARBOR TRUCKING
ASSOCIATION, AND THE NATIONAL
INDUSTRIAL TRANSPORTATION LAKE.
THANK YOU. DO WE HAVE ANY
QUESTIONS FROM MEMBERS? WE NEED
A MOTION. WOULD YOU LIKE TO
CLOSE? RESPECTFULLY ASK FOR
YOUR. I VOTE SECRETARY. PLEASE
CALL THE ROLL THE MOTION IS DO
PASS TO JUDICIARY. ORTEGA I
ORTEGA I FLORA LARA NOT VOTING.
ALANIZ, WENDY CARILLO LEE I LEE
I WARD. CYBER THE BILL IS ON
CALL. THANK YOU, THANK YOU.
MEMBERS THANK YOU.
ASSEMBLY MEMBER HANEY, ITEM
THREE, FIVE AND SIX. ALL RIGHT.
WHERE WOULD YOU LIKE ME TO
START? WHEREVER YOU LIKE. IT'S
YOUR BIRTHDAY. THAT'S RIGHT.
THANK YOU. THIS IS EXACTLY HOW I
WAS HOPING TO SPEND MY BIRTHDAY,
WHY DON'T I DO, I'LL DO THE.
WELL, ALL THREE ARE FUN, BUT
I'LL DO A B, A 27, 51. THE RIGHT
TO DISCONNECT, THANK YOU, MADAM
CHAIR. AND I APPRECIATE THE
CONVERSATIONS THAT WE'VE HAD
ABOUT THIS. AND AS I'VE SAID, I
SHARE THE VIEW THAT THIS IS A
SERIOUS CHALLENGE THAT WE ARE
TRYING TO ADDRESS, BUT ALSO ONE
THAT I WOULD VERY MUCH LIKE THE
OPPORTUNITY TO CONTINUE TO WORK
ON AND TO ENGAGE ON, AB 2751
WILL WILL ENACT A FIRST IN THE
NATION RIGHT TO DISCONNECT
POLICY IN CALIFORNIA. THE RIGHT
TO DISCONNECT IS A POLICY
PIONEERED IN EUROPE THAT GIVES
EMPLOYEES THE RIGHT TO NOT
ENGAGE IN WORK RELATED
ELECTRONIC COMMUNICATIONS, LIKE
EMAILS AND TEXT MESSAGES, DURING
NON-WORK WORKING HOURS. IT IS
LEGISLATION THAT IS MODELED
AFTER THE EUROPEAN RIGHT TO
DISCONNECT POLICIES, AND IT WILL
REQUIRE THAT ALL EMPLOYERS ENACT
A COMPANY WIDE POLICY AND THAT
THEY HAVE EMPLOYER AND EMPLOYER
CONTRACTS OUTLINING IT. LET ME
BE CLEAR WHAT THIS BILL IS
ALLOWING FOR, AND WHAT IT IS
NOT, IT RECOGNIZES THAT
EMPLOYEES ARE ENTITLED TO
DOWNTIME WITH THEIR FAMILIES AND
SHOULD NOT BE CONTACTED,
CONTACTED DURING WORK HOURS,
EXCEPT FOR SCHEDULING
EMERGENCIES OR OTHER TIMES
OUTLINED WITHIN Ã POLICIES. IT
STATES THAT AN EMPLOYEE SHOULD
NOT BE RETALIATED AGAINST FOR
CHOOSING TO DISCONNECT FROM WORK
WHEN THEY ARE OFF. IT REQUIRES
THAT PUBLIC AND PRIVATE
EMPLOYERS ESTABLISH A WORKPLACE
POLICY THAT THEY HAVE BOTH
AGREED TO, THAT WILL PROVIDE
EMPLOYEES THE RIGHT TO
DISCONNECT FROM COMMUNICATIONS
FROM THE EMPLOYER DURING
NON-WORKING HOURS. SIMPLY PUT,
THIS BILL REQUIRES AN EMPLOYER
TO HAVE A POLICY. IT CAN BE AS
FLEXIBLE AS AN EMPLOYER AND
EMPLOYEE WANTS IT TO BE, AND FIT
THE NATURE OF THE JOB. WE ARE
SIMPLY ASKING THAT ONE IS
ESTABLISHED AND THAT EVERYONE
AGREES TO IT. THAT'S IT. WHAT IT
DOES NOT DO IS IT DOES NOT
PREVENT AN EMPLOYER FROM SENDING
OUT AN EMAIL OR WORK RELATED
COMMUNICATION AFTER HOURS. IT
DOES NOT. IT PROVIDES PROTECTION
FROM EMPLOYEES, FROM BEING
RETALIATED AGAINST IF THEY
CHOOSE, NOT TO ENGAGE IN WORK
DURING THOSE HOURS WHERE THEY
CAN DISCONNECT. BUT THIS BILL
DOES NOT PREVENT AN EMPLOYEE
FROM WORKING AFTER HOURS IF THEY
CHOOSE TO. IT IS GIVING AN
EMPLOYEE THE RIGHT TO DISCONNECT
FROM WORK, WHICH I THINK IS
COMMON SENSE AND COMMON DECENCY
THAT ALL OF US HAVE SOME TIME
PROTECTED TO DO THAT. THERE WAS
A SURVEY DONE JUST YESTERDAY BY
CLARIFY CAPITAL, A BUSINESS
LENDING FIRM THAT ASKED ONE 1000
EMPLOYEES ABOUT THIS BILL AND IT
REVEALED THAT BOTH EMPLOYEES AND
BUSINESS EXECUTIVES SUPPORT THE
RIGHT TO DISCONNECT AT A RATE OF
83% AND 75, RESPECTIVELY. IT
ALSO SHOWED THAT 58% OF
EMPLOYEES FELT OBLIGATED TO
RESPOND TO WORK RELATED
COMMUNICATIONS OUTSIDE OF WORK,
AND THAT 3 IN 5 EMPLOYEES FEEL
OBLIGATED TO WORK, TO DO WORK.
WHEN CONTACTED. THESE SURVEY
RESULTS ARE COMPELLING. AND
THEY, THEY THEY DEMONSTRATE WHAT
WE KNOW TO BE TRUE THAT 24 OVER
SEVEN AVAILABLE K¾T DOES NOT
CORRELATE TO HIGH PRODUCTIVITY.
AND IF EMPLOYEES AND COMPANIES
IN OTHER COUNTRIES ARE ABLE TO
FOLLOW THIS LAW, THERE'S NO
REASON WE CAN'T. TO THE US IS
RANKED CURRENTLY 53RD IN WORK
LIFE BALANCE, AND TECHNOLOGY HAS
COMPLETELY CHANGED THE WORKFORCE
, WITH OUR PHONES MAKING WORKERS
AVAILABLE AT ALL HOURS OF THE
DAY AND NIGHT. WORKING WORKERS
ARE EXPERIENCING A HARD TIME
DISCONNECTING. THERE ARE OVER A
DOZEN COUNTRIES THAT ALREADY
HAVE THIS, IT IS A CONSEQUENCE
OF THE NATURE OF HOW
COMMUNICATION HAPPENS IN THE
WORKPLACE. CURRENTLY THAT WE
SIMPLY NEED EMPLOYERS AND
EMPLOYEES TO HAVE THE
CONVERSATION, TO ESTABLISH A
POLICY AND TO MAKE SURE THAT
THERE'S CLARITY ON WHEN, IF AT
ALL, AND HOPEFULLY COMMON
DECENCY AND COMMON SENSE WOULD
DICTATE THERE IS, TIME FOR
PEOPLE TO HAVE TO THEMSELVES TO
REST, TO RECUPERATE AND TO BE
WITH THEIR FAMILIES, I FINALLY I
WANT TO SAY, I AM COMMITTED.
I'VE SPOKEN TO I THINK EVERY
MEMBER OF THIS COMMITTEE ABOUT
QUESTIONS AND CONCERNS, AND I AM
COMMITTED TO WORKING WITH THE
OPPOSITION WHEN THEY'RE HERE AND
WITH EVERYONE WHO HAS THOUGHTS
ON HOW TO GET THIS RIGHT,
CALIFORNIANS JUST LIKE PEOPLE IN
FRANCE AND PORTUGAL AND ITALY
AND SPAIN AND THE PHILIPPINES
AND CANADA DESERVE SOME TIME
THAT'S PROTECTED, FOR
THEMSELVES. AND TO KNOW WHEN
THAT IS, WITH ME TODAY, I HAVE
JENNIFER BERNSTEIN, A HOME CARE
WORKER WHO WILL BE SHARING HER
STORY, AND ALSO MARIKO YOSHIHARA
FROM THE CALIFORNIA EMPLOYMENT
LAWYERS, WHO WILL BE SPEAKING IN
SUPPORT. HI. I WORK FOR A
COMPANY THAT EMPLOYS PEOPLE TO
DELIVER IN-HOME CARE TO ADULTS
WITH DISABILITIES. MY JOB IS
REALLY REWARDING, BUT IT'S ALSO
PHYSICALLY AND EMOTIONALLY
TAXING. THE SHIFTS ARE LONG AND
REQUIRE ME TO BE ALERT AND
ATTENTIVE THE ENTIRE TIME. SOME
OF THE CLIENTS REQUIRE A LOT OF
HANDS ON SUPPORT AND ALL BENEFIT
FROM EMOTIONAL COMPANIONSHIP.
THERE ARE TOO MANY ASPECTS OF
THE JOB TO LIST IN A SHORT
AMOUNT OF TIME, BUT THE
PROFESSION IS WELL KNOWN TO
CARRY A HIGH RISK OF BURNOUT AND
COMPASSION FATIGUE. WE PREVENT
THESE ISSUES BY TAKING THE TIME
TO REST AND TAKE CARE OF
OURSELVES BETWEEN OUR SHIFTS.
BUT THE TECHNOLOGY WE HAVE TODAY
HAS ALLOWED OUR EMPLOYERS TO
BECOME RELIANT ON 24 OVER SEVEN
ACCESS TO US, TO THE DETRIMENT
OF OUR WELL-BEING AND TO THE
SUPPORT DELIVERED TO OUR
CLIENTS. THE NON-URGENT, OFF THE
CLOCK COMMUNICATIONS HAVE BECOME
SO NORMALIZED THAT I CAN EXPECT
TO RECEIVE UP TO 50 MESSAGES IN
ONE DAY FROM SUPERVISORS, USING
GROUP TEXT MESSAGES FOR COMPANY
AND CLIENT UPDATES. IGNORING THE
MESSAGES IS NOT AN OPTION
BECAUSE IT CAN MEAN MISSING AN
ACTUAL EMERGENCY RELATING TO A
CLIENT. IT HAS BEEN NOTICED ALSO
THAT THOSE WHO DON'T RESPOND
PROMPTLY WILL BE PASSED UP FOR
BETTER SCHEDULES OR PROMOTIONS,
AND WILL HAVE TIME OFF REQUESTS
DECLINED. THE PRESSURE TO ALWAYS
BE AVAILABLE TO MY EMPLOYER
LEAVES ME FEELING ANXIOUS
WHENEVER I HEAR MY PHONE, OR
ANXIOUS WHENEVER I'M AWAY FROM
MY PHONE. FOR TOO LONG, I FEEL
EMOTIONALLY AND PHYSICALLY
DRAINED AND WITHDRAWN FROM MY
PERSONAL LIFE. I SUFFER FROM
MIGRAINES AND INSOMNIA AS I
STRUGGLE TO MAINTAIN A WORK LIFE
BALANCE WITHOUT AN INCENTIVE TO
COME UP WITH A BETTER SYSTEM
THAT IS MORE RESPECTFUL OF OUR
TIME, WE'LL CONTINUE TO SEE HIGH
RATES OF BURNOUT, HIGH STAFF
TURNOVER, AND CAREGIVER
SHORTAGES WITHOUT THE ABILITY TO
FULLY DISCONNECT AND RECHARGE
BEFORE OUR NEXT SHIFT, MY
COWORKERS AND I WILL CONTINUE TO
FEEL MORALLY INJURED AS WE
BECOME DEPLETED OF THE ENERGY
AND PATIENCE REQUIRED TO DELIVER
THE HIGH QUALITY CARE THAT OUR
CLIENTS DESERVE. THANK YOU,
MADAM CHAIR. MEMBERS. MARIKO
YOSHIHARA WITH THE CALIFORNIA
EMPLOYMENT LAWYERS ASSOCIATION.
I'LL JUST ADD THAT THIS IS AN
ISSUE THAT OUR ATTORNEYS HAVE
SAID THEY'RE SEEING MORE AND
MORE OF IN THEIR PRACTICE. NOT
TO MENTION, THIS IS ALSO A VERY
BIG ISSUE AT LAW FIRMS AS WELL,
BUT THEY OFTEN HEAR FROM CLIENTS
FROM WORKERS LIKE JENNY WHO ARE
DEALING WITH SEVERE MENTAL
STRESS, MENTAL HEALTH ISSUES OR
NOT BEING PAID FOR ALL HOURS
WORKED BECAUSE OF THE CONSTANT
AND UNRELENTING DEMANDS OF THE
JOB. AND OF COURSE, HAVING A
DEMANDING JOB IS NOTHING NEW BUT
TECHNOLOGY NOW, AND ALL THE
DIFFERENT FORMS OF TECHNOLOGY
MEANS THAT WORKERS CAN BE
CONSTANTLY ACCESSIBLE, WHICH HAS
CREATED THIS EXPECTATION, THEN,
THAT WORKERS SHOULD BE
CONSTANTLY AVAILABLE TO THEIR
EMPLOYERS AT ALL HOURS OF THE
DAY. SO THE BOUNDARIES AROUND
OUR WORK LIVES HAVE BEEN
COMPLETELY BLURRED, AND THIS IS
ESPECIALLY AN ISSUE FOR WOMEN
AND FAMILY CAREGIVERS WHO MAY
HAVE A HARDER TIME TRYING TO
DRAW THOSE BOUNDARIES FOR
EXAMPLE, WOMEN ARE OFTEN VIEWED
MORE POORLY IF THEY'RE ASSERTIVE
AT WORK, SO THEY'RE MORE LIKELY
TO BE PENALIZED IF THEY SAY NO
TO AFTER HOURS REQUESTS OR ON
THE OTHER HAND, THEY FEEL MORE
PRESSURE TO BE CONSTANTLY
ACCESSIBLE AND RESPONSIVE
BECAUSE THEY DON'T WANT TO FEED
INTO THESE NEGATIVE STEREOTYPES
THAT MOTHERS, FOR EXAMPLE, ARE
LESS RELIABLE OR LESS COMMITTED
TO THEIR JOBS. THIS IS THE
ASSERTIVENESS BIND THAT WOMEN
OFTEN FIND THEMSELVES IN. SO WE
ABSOLUTELY BELIEVE THAT WORKERS
SHOULD BE ABLE TO BE WITH THEIR
FAMILIES AND GIVE THEIR FULL
ATTENTION TO THEIR FAMILIES AND
ENJOY THEIR PERSONAL TIME WHILE
THEY'RE DURING NON-WORKING HOURS
. WE THINK THIS IS A VERY REAL
PROBLEM THAT DESERVES ATTENTION,
AND I JUST WANT TO THANK
ASSEMBLYMEMBER HANEY FOR
BRINGING ATTENTION TO THIS
PROBLEM AND STARTING THIS
CONVERSATION AND TRYING TO FIND
A REAL POLICY SOLUTION. SO FOR
ALL THESE REASONS, WE URGE YOUR
SUPPORT. THANK YOU. THANK YOU.
DO WE HAVE ADDITIONAL, COMMENTS
IN SUPPORT? GOOD AFTERNOON,
SAMANTHA GORDON WITH TECH EQUITY
AND STRONG SUPPORT. THANK YOU.
JAZZY GREWAL èC WESTERN STATES
COUNSEL IN SUPPORT. DO WE HAVE
ANY OPPOSITION?
CHAIRWOMAN ORTEGA, VICE CHAIR.
FLORA AND DISTINGUISHED
COMMITTEE MEMBERS, THANK YOU FOR
THE OPPORTUNITY TO REPRESENT
COUNSEL ASHRAM. IT'S STATE
COUNSEL, KASHIRAM. AND IT'S
30,000 CALIFORNIA SHRM MEMBERS.
WHILE WE SUPPORT POSITIVE WORK
LIFE INTEGRATION FOR CALIFORNIA
WORKERS, SHERMAN CAL SHRUM
STRONGLY OPPOSE AB 2751 FOR ITS
OVERLY BROAD ATTEMPT TO ADDRESS
A WORKPLACE CHALLENGE. OUR CORE
CONCERN IS THE BILL'S ONE SIZE
FITS ALL APPROACH WILL HAVE
NEGATIVE, NEGATIVE CONSEQUENCES
AND PUT CALIFORNIA WORKERS AT A
COMPETITIVE DISADVANTAGE.
MAINTAINING FLEXIBILITY IS
CRITICAL IN TODAY'S GLOBAL
ECONOMY. BUSINESSES NEED TO
RESPOND QUICKLY TO OPERATIONAL
DEMANDS, AND THIS SOMETIMES
REQUIRES AFTER HOURS
COMMUNICATIONS, WHICH ARE
COMPENSATED, ELIMINATING THIS
COMMON BUSINESS PRACTICE COULD
JEOPARDIZE THE COMPETITIVENESS
OF CALIFORNIA BUSINESSES. AB
2751 ALSO RAISES SIGNIFICANT
ENFORCEABILITY CONCERNS AND
CREATES NEW ADMINISTRATIVE
BURDENS ON EMPLOYERS. THE BILL
GRANTS EMPLOYEES THE RIGHT TO
DISREGARD AFTER HOURS
COMMUNICATION, EXCEPT IN
EMERGENCIES OR FOR SCHEDULING
MATTERS. HOWEVER THE BILL LACKS
CLEAR DEFINITIONS FOR THESE KEY
TERMS. THIS AMBIGUITY COULD LEAD
TO CONFUSION FOR EVERYONE,
POTENTIALLY LEADING TO INCREASED
LEGAL CHALLENGES AND INCREASED
EMPLOYEE STRESS. WE ALSO DO NOT
BELIEVE THIS LEGISLATION
ADEQUATELY RECOGNIZES THE VASTLY
DIFFERENT REALITIES THAT VARIOUS
INDUSTRIES AND ROLES FACE. FOR
EXAMPLE, WHAT CONSTITUTES AN
EMERGENCY VARIES GREATLY BETWEEN
TECH STARTUPS AND HEALTH CARE
PROVIDERS. CALIFORNIA IS A
GLOBAL LEADER IN PRESERVING THE
ABILITY TO COMMUNICATE
COMMUNICATE ACROSS TIME ZONES IS
VITAL. AB 2751 WOULD PUT
CALIFORNIA COMPANIES AT
DISADVANTAGE IN MARKETS WITHOUT
SUCH RESTRICTIONS, EVENTUALLY
IMPACTING THE JOBS OF CALIFORNIA
WORKERS. SHERMAN CAL SHERMAN
INSTEAD RECOMMEND THE ASSEMBLY
PURSUE TARGETED SOLUTIONS SUCH
AS FLEXIBLE WORK ARRANGEMENTS
AND COMPENSATION, REFLECTING
TOTAL HOURS PERFORMED. TOTAL
WORK PERFORMED. THESE APPROACHES
CAN IMPROVE WORK LIFE
INTEGRATION FOR EMPLOYEES
WITHOUT STIFLING INNOVATION AND
PRODUCTIVITY. SHERMAN AND
CALCIUM WELCOME THE OPPORTUNITY
TO WORK WITH POLICY WITH POLICY
MAKERS TO FIND SOLUTIONS
PROMOTING WORKPLACE FLEXIBILITY
WHILE PRESERVING ECONOMIC
PROSPERITY. THANK YOU, GOOD
AFTERNOON, ASHLEY HOFFMAN, ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE AND OPPOSITION, IN
CALIFORNIA, WE HAVE TWO GROUPS
OF EMPLOYEES. WE HAVE NONEXEMPT
EMPLOYEES AND EXEMPT AND
EMPLOYEES. AND AS WRITTEN, THIS
BILL WOULD APPLY TO BOTH FROM
OUR PERSPECTIVE, CALIFORNIA HAS
EXTREMELY STRICT LAWS THAT APPLY
TO NONEXEMPT EMPLOYEES, STRICT,
THE STRICTEST IN THE COUNTRY
THAT ACTUALLY ALREADY EXIST TO
DETER THIS CONDUCT. IN ADDITION
TO STRICT OVERTIME RULES, WE
ALSO HAVE REQUIREMENTS SUCH AS
REPORTING TIME PAY. COURTS HAVE
SIGNIFICANTLY BROADENED THE
SCOPE OF THAT TO MEAN THAT ANY
TIME AN EMPLOYEE, FOR EXAMPLE,
IS EXPECTED TO BE ON CALL, TO
EVEN JUST CALL IN TO WORK TO SEE
IF THEY'RE NEEDED THAT DAY, ETC.
THEY ARE ALREADY COMPENSATED FOR
THAT. SO WE FEEL CALIFORNIA HAS
VERY STRICT LAWS. AND FOR MY
EXPERIENCE, EMPLOYERS THEREFORE
REALLY CRACKED DOWN ON OVERTIME
AND ISSUES OF PEOPLE HAVING TO
BE ON CALL, A LOT OF THE
EXAMPLES PROVIDED REALLY SOUND
LIKE THEY'RE AIMED AT EXEMPT
EMPLOYEES. AND ACTUALLY THE
ANALYSIS ACKNOWLEDGES FROM OUR
POINT OF VIEW, THAT IS A
FUNDAMENTALLY VERY DIFFERENT
SCENARIO IN WHICH WE HAVE STRICT
REQUIREMENTS ABOUT HOW MUCH THAT
WORKER MUST BE PAID AND WHAT
KIND OF JOB DUTIES THEY MUST BE
DOING IN ORDER TO GET THAT
FLEXIBILITY THAT COMES WITH
BEING AN EXEMPT WORKER. AND THEN
FINALLY, I REALLY WANT TO
EMPHASIZE CALIFORNIA HAS VERY
STRICT RULES WHEN IT COMES TO
WORKPLACE CONDUCT. BUT THE
COURTS HAVE NOTED ALWAYS THAT
THIS IS NOT, FRANKLY, A CIVILITY
CODE. ANYTIME THAT YOU DISAGREE
WITH A COWORKER OR A BOSS ABOUT
WHAT CONTACT IS WARRANTED OR
NOT, YOU KNOW, IT'S NOT A
CIVILITY CODE. SO YOU CANNOT
THEN, YOU KNOW, GO FILE A
LAWSUIT OVER THAT. AND AS MUCH
AS MAYBE SOME OF US IN THE PAST
WOULD HAVE LOVED TO FILE
LAWSUITS WHEN WE DISAGREE WITH A
COWORKER. RIGHT. THE COURTS HAVE
EMPHASIZED THAT IF THAT'S WHAT
THE LAW DID, WE'D BE ALL BE
DROWNING IN LITIGATION ALL THE
TIME. AND UNFORTUNATELY, WE FEEL
LIKE 2751 IS KIND OF KNOCKING ON
THE DOOR OF THAT ISSUE AND FEEL
THAT IT'S A VERY PROBLEMATIC
LAW. THANK YOU. DO WE HAVE
ADDITIONAL OPPOSITION? JAMIE OR
VIDAK: BUSINESS OWNER? MY OUR IN
OPPOSITION. DANA MAYHEW.
PROFESSOR YOU UCLA EXTENSION AND
CLAREMONT GRADUATE UNIVERSITY
AND OWNER AND PRINCIPAL OF TDC
CONSULTING, AN HR CONSULTING
FIRM IN OPPOSITION THÀNH. GOOD
AFTERNOON. SUSIE COUTURE, SENIOR
HR DIRECTOR, MARBORG INDUSTRIES.
CALCIUM MEMBER AND SCHIRM
MEMBER. OPPOSE GOOD AFTERNOON.
MY NAME IS BROOKE, AND AS AN HR
PROFESSIONAL IN THE HEALTH CARE
INDUSTRY, ON BEHALF OF SCHIRM
AND CALCIUM, I OPPOSE AB 2751.
THANK YOU. GOOD AFTERNOON.
SHERRY CHABOT, ASSISTANT GENERAL
COUNSEL FOR SECURITAS SECURITY
SERVICES USA, INC, ON BEHALF OF
SECURITAS, I OPPOSE AB 2751.
THANK YOU. GOOD AFTERNOON. I'M
RENEE EARNEST, BUSINESS OWNER,
I'M IN OPPOSITION TO AB 2751.
MADAM CHAIR CHRIS MICHELI, ON
BEHALF OF THE LOS ANGELES AREA
CHAMBER OF COMMERCE. AND
RESPECTFULLY, OPPOSITION. BUT I
DO WANT TO WISH THE AUTHOR A
HAPPY BIRTHDAY. LISA RODRIGUEZ
WITH THE WALKER GROUP, ON BEHALF
OF THE CALIFORNIA ASSOCIATION OF
WINE GRAPE GROWERS, IN
OPPOSITION. GOOD AFTERNOON,
MADAM CHAIR AARON AVERY WITH THE
CALIFORNIA SPECIAL DISTRICTS
ASSOCIATION RESPECTFULLY
OPPOSED. ALSO, ON BEHALF OF THE
RURAL COUNTY REPRESENTATIVES OF
CALIFORNIA, THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES, URBAN
COUNTIES OF CALIFORNIA, AND THE
LEAGUE OF CALIFORNIA CITIES.
THANK YOU. GOOD AFTERNOON. CHAIR
MEMBERS. DOROTHY JOHNSON, ON
BEHALF OF THE ASSOCIATION OF
CALIFORNIA SCHOOL
ADMINISTRATORS, RESPECTFULLY IN
OPPOSITION. GOOD AFTERNOON,
BRIAN LITTLE, CALIFORNIA FARM
BUREAU AND RESPECTFUL
OPPOSITION. THANK YOU. GOOD
AFTERNOON, MELANIE PERRON, ON
BEHALF OF THE ASSOCIATED GENERAL
CONTRACTORS OF CALIFORNIA, IN
OPPOSITION. GOOD AFTERNOON,
EMILY DOE, WITH THE CALIFORNIA
CREDIT UNION LEAGUE IN
OPPOSITION, MADAM CHAIR AND
MEMBERS. AND Â AUGUSTINE, ON
BEHALF OF THE FAMILY BUSINESS
ASSOCIATION OF CALIFORNIA,
RESPECTFULLY OPPOSED. THANK YOU.
THANK YOU, MADAM CHAIR. MEMBERS.
SARAH BRIDGE, ON BEHALF OF THE
ASSOCIATION OF CALIFORNIA
HEALTHCARE DISTRICTS,
RESPECTFULLY OPPOSED. THANK YOU.
SEEING NO OTHER OPPOSITION,
BRING IT BACK TO THE MEMBERS.
ANY QUESTIONS OR COMMENTS?
ASSEMBLY MEMBER LEE, I WANT TO
THANK YOU FOR BRINGING THIS BILL
FORWARD. I THINK IT'S IMPORTANT
TO HIGHLIGHT THE REAL, CHANGING
CIRCUMSTANCES OF THE WORKPLACE
AND THE WORK LIFE BALANCE. I
THINK, TOO OFTEN THAT IN
AMERICA, ESPECIALLY PEOPLE NOW
LIVE TO WORK INSTEAD OF WORK TO
LIVE. AND IT'S VERY TRUE,
ESPECIALLY WITH THE
COMMUNICATION, THE INSTANT
PRESSURE. I THINK IT'S SOMETHING
THAT'S REALLY IMPORTANT TO
HIGHLIGHT. AND I APPRECIATE YOU
BRINGING THIS EFFORT OUT, EVEN
THOUGH YOU HAVE A LOT OF
OPPOSITION NOW TO THIS CONCEPT
THAT HAS BEEN EMBRACED BY MANY
OTHER NATION PEERS AND THEIR
ECONOMIES HAVE NOT COLLAPSED
YET. SO I THINK IT'S STILL PROOF
OF TESTAMENT THAT IT WORKS OUT.
AND, YOU KNOW, ESPECIALLY AS
MEMBERS AND I KNOW YOU'VE
HIGHLIGHTED IN SOME MEDIA
INTERVIEWS THAT WE TRY TO
PRACTICE WHAT WE PREACH AS WELL,
BUT IT'S HARD FOR US SOMETIMES,
EVEN AS MEMBERS TO DISCONNECT,
YOU KNOW, CERTAINLY I, I'M SURE
YOU SHARE THIS IS THAT I GET
TIRED AFTER HOURS OF MY STAFF
TELLING ME WHAT TO DO ANYMORE.
I'M KIDDING, BUT I, I THINK IT
IS IMPORTANT THAT WE TRY TO
PRACTICE WHAT WE PREACH AS WELL
IN THIS ASPECT. AND I THINK THIS
IS A REALLY COMMON SENSE STEP
FORWARD AND IF YOU'LL HAVE ME AS
A COAUTHOR, I WOULD LOVE TO BE
ADDED AS COAUTHOR. AND I'LL MOVE
THE BILL TO. THANK YOU. THANK
YOU, MR. HANEY. ARE YOU OKAY
THIS MORNING? DO YOU WANT TO
TALK ABOUT IT? WHAT'S THAT? THE
BEAT DOWN THE KINGS GAVE THE
WARRIORS LAST NIGHT. YEAH. NO
TOO SOON. THAT ORDER ON MY
BIRTHDAY. THE AUDIBLE. YES YES.
CUT HIS MIC. CUT THE MIC. THAT'S
ALL I HAD TO SAY. VICE CHAIR?
YES, I DISCONNECT FROM THOSE
COMMENTS. THAT'S MY REWARD.
THANK YOU, I, APPRECIATE VERY
MUCH YOU RAISING THIS ISSUE
BECAUSE IT'S ONE THAT WE, I
THINK RECOGNIZE AND PROBABLY PAY
CLOSE ATTENTION TO IN OUR DAILY
LIVES, JUST THE NEED TO BE ABLE
TO HAVE, REALLY STRONG WORK LIFE
BALANCE, BUT ALSO RECOGNIZING AS
WELL IN THE, FROM, FROM FROM,
MAYBE GETTING WORK DONE
PERSPECTIVE, WHETHER IT'S PUBLIC
OR PRIVATE SECTORS THAT, YOU
KNOW, THINGS ARE HAPPENING IN
MOMENTUM. I KNOW THERE'S A CARVE
OUT HERE FOR EMERGENCIES ARISING
OR FOR SCHEDULING KIND OF
QUESTIONS. BUT TO BUT AND TO
LEGISLATE IN THIS AREA I THINK
IS GETTING, YOU KNOW, COULD GET
A LITTLE TRICKY. RIGHT. AND I
KNOW YOU'RE COMMITTED TO
CONTINUE TO WORK ON THIS ISSUE,
YOU KNOW, IF AND AS THIS BILL
MOVES FORWARD, I KNOW THAT WHAT
YOU'RE TRYING TO DO IS JUST TO,
THROUGH THIS BILL, IMPOSE DIRECT
THAT THERE BE A POLICY
ESTABLISHED, WHICH CAN BE A GOOD
THING CERTAINLY, WHEN SOMEBODY
IS HIRED ON OR IF THERE IS A
NEW, NEW POLICY THAT EVERYBODY
IS, CLEAR ABOUT WHAT WHAT, THE
EXPECTATIONS ARE FROM THE
EMPLOYER SIDE, I'M NERVOUS ABOUT
THE OTHER THE OTHER ISSUE, TOO,
IS THAT, FOR SOMEBODY WHO IS
AFTER WORK HOURS, HAS A HAS A, I
GUESS, A MEANS OF COMMUNICATION,
THAT IF A MESSAGE COMES THROUGH,
WHETHER IT'S TO YOUR PHONE OR TO
AN EMAIL AND IT WAS IGNORED
AGAIN, LIKE, I WOULDN'T WANT, I
WOULDN'T WANT TWO THINGS TO
HAPPEN. I WOULDN'T WANT THE
EMPLOYER OR THE EMPLOYEE TO BE
PUNISHED, BECAUSE THEY DIDN'T
RESPOND TIMELY WHEN IT COULD
HAVE WAITED UNTIL THE NEXT
MORNING DURING WORKING HOURS.
YES BUT I ALSO WOULDN'T WANT THE
EMPLOYER PUNISHED FOR SENDING
OUT THE MESSAGE IN THE FIRST
PLACE. MAYBE THEY'RE JUST
GETTING SOMETHING OFF THEIR MIND
THAT THEY DON'T WANT TO FORGET
ABOUT, AND THEY WANT RESPONDED
TO IN THE NEXT DAY. AND SO THERE
I THINK SO. AND, YOU KNOW, THE
IDEA THAT THIS COULD OPEN UP, I
THINK A LOT OF, COMPLAINTS THAT
WOULD BE FILED BY THE LABOR
COMMISSIONER, FOR THINGS THAT
ARE JUST, YOU KNOW, MEANT TO BE
INNOCENT LINES OF COMMUNICATION,
ARE THE KINDS OF AREAS THAT I
THINK, THINK THROUGH, IF YOU
HAVE ANY RESPONSE TO THOSE.
YEAH. NO, ABSOLUTELY. AND SOME
OF THE AND I APPRECIATE THE
DIALOG AND UNDERSTAND, AS I'VE
SAID, THAT THERE IS MORE
CONVERSATION. THIS IS A SERIOUS
ISSUE THAT I THINK THAT OUR LAWS
DON'T FULLY ADDRESS, IN AN
ADEQUATE WAY. CURRENTLY AND SO
I'M FULLY COMMITTED TO
CONTINUING TO WORK WITH FOLKS
AND TO HAVE MORE DIALOG WITH THE
OPPOSITION AROUND IT, EMPLOYERS
WOULD NOT AND ARE NOT PUNISHED
FOR SENDING THE COMMUNICATION,
IT'S ACTUALLY WHAT WHAT IS THE
PROBLEM IS EXPECTING THERE TO BE
WORK THAT'S DONE AND EXPECTING A
RESPONSE, EXPECTING WORK TO BE
PERFORMED AS A RESULT OF THAT
COMMUNICATION SO THEY CAN STILL
SEND A TEXT MESSAGE, THEY CAN
STILL SEND AN EMAIL. AND IN
TERMS OF THE ENFORCEMENT ASPECT
OF IT, IT'S ONLY IF THERE'S A
REAL PATTERN OF A VIOLATION OF
A, OF A POLICY, WHERE FOR THE
LABOR COMMISSION COMMISSIONER
WOULD WOULD BE INVOLVED IN ANY
WAY. IT'S NOT SORT OF A ONE OFF
THING. AND IT'S NOT THE
COMMUNICATION, IT'S NOT THE TEXT
OR THE EMAIL ITSELF. IT'S IF
OUTSIDE OF YOUR WORKING HOURS,
I'M CONSTANTLY ASKING IF YOU AND
I HAVE AGREED THAT YOUR WORKING
HOURS ARE GOING TO BE AS SUCH,
AND THAT'S WHAT IS IN MY
CONTRACT, THAT'S THAT'S MY JOB
WITH YOU. AND YOU'RE CONSTANTLY
ASKING ME TO PERFORM WORK
OUTSIDE OF IT. THEN THAT'S WHAT
COULD COULD TRIGGER SOME SORT OF
RESPONSE FROM THE LABOR
COMMISSIONER. THIS IS THIS IS,
YOU KNOW, WE LOOKED AT THE OVER
A DOZEN COUNTRIES THAT HAVE THIS
WHAT WE HAVE IN FRONT OF YOU IS
ACTUALLY PROBABLY AMONG, IF NOT
THE MOST FLEXIBLE AND SORT OF
LEAST PUNITIVE OF WHAT EXISTS,
EXISTS OUT THERE. AND IT'S VERY
MUCH NOT A ONE SIZE FITS ALL.
IT'S VERY MUCH DESIGNING A
POLICY THAT THEN HAS AFFIRMATION
BETWEEN AN EMPLOYER AND
EMPLOYEE, BECAUSE OTHERWISE WHAT
SOMETIMES ENDS UP IS YOU'RE JUST
ON THE CLOCK ALL THE TIME,
PARTICULARLY AS AN EXEMPT
EMPLOYEE AND ESTABLISHING SOME
SORT OF SENSE OF WHEN OR WHEN'S
MY TIME OR WHAT ARE THE SORT OF
THE PATTERN OF WORK THAT'S
EXPECTED AS A WAY TO, DEVELOP A,
SOME TIME THAT I THINK COMMON
SENSE WOULD, WOULD DICTATE,
FOLKS TO HAVE TO, TO DISCONNECT
SOMEBODY WHO'S ON THE CLOCK ALL
THE TIME, I KNOW, BUT I SIGNED
UP FOR THAT. YES. YEAH. AND
PEOPLE WILL AND YOUR POLICY
COULD BE, A LOT OF ON CALL TIME
WITH YOUR EMPLOYEE OR WITH YOUR
SET OF EMPLOYEES THAT CAN BE THE
POLICY, IF THAT'S WHAT THE JOB
DICTATES. RIGHT. AND BUT
CIRCUMSTANCES ARISE. LET'S SAY
YOU OWN A LAW FIRM OR YOU'RE
RUNNING A LAW FIRM AND YOU KNOW,
SOMEBODY Kò, HAD A, HAD A LIFE
EVENT AND NO LONGER AND NOW, YOU
KNOW, FOR THE NEXT COUPLE OF
DAYS, YOU'RE HEADING TO TRIAL.
YOU'VE GOT A LOT OF IMPORTANT
WORK TO DO. AND SOMEBODY THAT'S
OVERSEEING THAT, THAT
RESPONSIBILITY NEEDS TO CALL IN
EXTRA RESOURCES, I JUST I HOPE
THAT, LIKE, YOU KNOW, IF WE'RE
THINKING ABOUT THE, THE, THE
NATURE OF POLICY MAKING AND THE
POTENTIAL VIOLATIONS OF THAT,
THAT AS WE'RE ENTERING INTO A
NEW SPACE, WHICH IS, ONE THAT
YOU ARE THAT THAT WE'RE, WE'RE
DOING SO CAREFULLY AND WITH
FLEXIBILITY IN MIND. YEAH, AND
SORT OF TO BE ABLE TO SEE HOW
THINGS GO. SO, YEAH, I'M HAPPY
TO SUPPORT THIS HERE TODAY. AND
I'D LOVE TO SEE KIND OF HOW THIS
INVOKES MORE CONVERSATION ABOUT
TRYING TO GET THIS ISSUE RIGHT.
HUM, THAT, THAT DOESN'T HAVE THE
UNINTENDED CONSEQUENCES THAT
ARE, THAT ARE RAISED TODAY. AND
SOME OF THE THINGS THAT WERE
RAISED AS, AS POTENTIAL AREAS
WHERE THEY THAT THEY WOULD LIKE
TO SEE US GO WITH THIS, I'M, I'M
LOOKING FORWARD TO TALKING ABOUT
THOSE WITHIN THE PERHAPS WITHIN
THE CONTEXT OF WHAT WE HAVE IN
FRONT OF US, I THINK IT'S AN
IMPORTANT CONVERSATION AND
REALLY APPRECIATE THE
OPPORTUNITY TO CONTINUE IT.
ABSOLUTELY. THANK YOU. SEEING NO
OTHER COMMENTS, I'LL JUST SAY,
YOU KNOW, THANK YOU TO THE
AUTHOR FOR BRINGING THIS FORWARD
. I APPRECIATE THE SPECIFIC
FOCUS ON MENTAL HEALTH AND
WORKERS, ESPECIALLY COMING OUT
OF COVID, AND, YOU KNOW, DID
CONSIDER SOME OF THE
OPPOSITION'S CONCERNS, WE HAD A
CONVERSATION ABOUT IT, YOU KNOW,
OBVIOUSLY WE STILL HAVE SOME
WORK TO DO. I WILL BE SUPPORTING
TODAY, BECAUSE I DO THINK IT'S
AN IMPORTANT CONVERSATION TO
CONTINUE HAVING, WITH THAT, I
WILL, TAKE A MOTION AND A
SECOND. SECRETARY LEE, CAN YOU
PLEASE CALL THE ROLL? ACTUALLY.
SORRY. WOULD YOU LIKE TO CLOSE
US, RESPECTFULLY ASK FOR YOUR I
VOTE. THANK YOU. GO, WARRIORS.
WE'LL BE BACK. AND WE'LL BE
CHEERING FOR THE KINGS ON
FRIDAY. GOOD LUCK. I DON'T THINK
THAT'S GOING TO GET YOUR VOTE ON
THIS ONE. NICE TRY. THE MOTION
IS Dð PASS TO APPROPRIATIONS.
ORTEGA Ã ORTEGA I. FLORA. FLORA
NO ALANIS. WENDY CARILLO LEE I,
LEE I WARD. WARD I ZEBRA CALL
THAT MEASURE IS ON CALL. THANK
YOU, THANK YOU, THANK YOU, THANK
YOU. ALL RIGHT. LET ME JUST MAKE
SURE I KNOW GEO IS. THERE. ARE
THERE OTHER AUTHORS HERE? SO ARE
YOU. IS HOLDING FOR ME. AND I'M
THE LAST BILL THERE. LET ME SEE
WHAT THEY SAY.
YEAH IS IT REALLY? GO. THEY'RE
ALL WAITING THERE FOR ME. OKAY.
YEAH. WHICH ONE ARE YOU ON? ARE
YOU. YOU SUPPORT BOTH THESE?
YEAH. OKAY. OKAY YEP. WE HAVE A
BIRTHDAY MIRACLE, AND I'LL BE
BACK. BIRTHDAY MIRACLE? NO, HE'S
GOING TO PRESENT MY BILL. YEAH
IT'S 3190. BOTH OF THEM. YOU'RE.
YOU'RE ON WHICH ONE? 31 3190.
OKAY. WHICH ONE IS OUR VICE
CHAIR PRESENTING? BOTH SORRY.
BECAUSE I HAD. YEAH. AS FAR AS
I'M CONCERNED, SO THESE ARE THE
TALKING POINTS ON 3190 AND THIS
IS THE TALKING POINTS ON 21, 92,
21, 82. OKAY. I MAY BE BACK. NO
WORRIES. ALL RIGHT. WE'RE GOING
TO GO FORWARD. I'LL BE BACK.
WHICH BILL? THIS. SORRY. THANK
YOU. MADAM CHAIR. WE'RE GOING TO
PRESENT, FOR SUMMER HANEY A B
3190. OKAY. THANK YOU. AND I AM
GOING TO TRUNCATE HIS TALKING
POINTS HERE A LITTLE BIT. ALL
RIGHT. THANK YOU, CHAIR AB 3190
WILL ASSURE THAT EVERY
CONSTRUCTION WORKER ON
AFFORDABLE HOUSING PROJECTS IS
BEING PAID A FAIR WAGE, WHILE
ALSO ADVANCING OUR STATE'S
HOUSING GOALS. IT ADDRESSES A
SIGNIFICANT LOOPHOLES WITH
EXISTING PUBLIC WORKS LAW THAT
HAS PREVENTED CONSTRUCTION
WORKERS ON AFFORDABLE HOUSING
PROJECTS FROM RECEIVING
PREVAILING WAGE. UNDER CURRENT
LAW, AFFORDABLE HOUSING PROJECTS
FUNDED THROUGH THE STATE LOW
INCOME HOUSING TAX CREDIT, AND
STATE AND LOCAL BELOW MARKET
RATES. LOANS ARE EXEMPT FROM
PREVAILING WAGE REQUIREMENTS.
THIS PROBLEMATIC. THIS IS
PROBLEMATIC BECAUSE TAX CREDIT
PROGRAMS HAVE GONE TO PROVIDE
NEARLY $500 MILLION PER YEAR TO
AFFORDABLE HOUSING PROJECTS, AND
BELOW MARKET RATE LOANS
CONTRIBUTE TO AN ADDITIONAL $700
MILLION A YEAR IN FUNDING FOR
AFFORDABLE HOUSING. AND WITH
THAT, I WILL TURN IT OVER TO OUR
WITNESSES AND SUPPORT. HELLO,
CHAIR ORTEGA, MEMBERS OF THE
COMMITTEE. MY NAME IS SCOTT
LITTLEHALE AND I AM EXECUTIVE
RESEARCH ANALYST FOR THE NORCAL
CARPENTERS UNION. CALIFORNIA
CARPENTERS UNIONS ARE CHAMPIONS
OF STATE, REGIONAL AND LOCAL
POLICIES AND FUNDS THAT INCREASE
THE SUPPLY AND THE AFFORDABILITY
OF HOUSING IN CALIFORNIA. BUT
HOUSING AFFORDABILITY WILL
ALWAYS BE A CHALLENGE THAT
REQUIRES TWO SOLUTIONS REDUCING
HOUSING COSTS AND INCREASING
CALIFORNIANS INCOMES. THE VAST
MAJORITY OF HOUSING CONSTRUCTION
WORKERS IN CALIFORNIA ARE PEOPLE
OF COLOR OR HISPANIC. MANY WERE
BORN OUTSIDE OF THE US, AND WE
KNOW THAT THESE FELLOW
CALIFORNIANS RECEIVE
DISCRIMINATORY LOW PAY. SO IT'S
JUST NOT SURPRISING THAT THE
HOUSING CONSTRUCTION WORKFORCE
IS MUCH MORE LIKELY THAN ANY
THAN OTHER WORKING CALIFORNIANS
TO BE HOUSING COST BURDENED, TO
LIVE IN OVERCROWDED HOUSING, TO
QUALIFY FOR SUBSIDIZED
AFFORDABLE HOUSING, AND TO BE
EITHER UNINSURED FOR HEALTH CARE
OR DEPEND ON MEDI-CAL.
CALIFORNIA'S RESIDENTIAL
CONSTRUCTION WORKERS HAVE FOR
DECADES NOT JUST BEEN GETTING A
RAW DEAL IN TERMS OF LOW PAY AND
OFTEN NON-EXISTENT RETIREMENT OR
HEALTH SECURITY BENEFITS. THEY
ARE OFTEN PLAGUED BY WAGE THEFT
AND CONTRACTORS SCHEMES TO
FRAUDULENTLY UNDERPAY FOR
WORKERS. COMP INSURANCE, SOCIAL
SECURITY, MEDICARE, UNEMPLOYMENT
INSURANCE, AND STATE DISABILITY
INSURANCE. IN FACT, ON ONE OF
CALIFORNIA'S LARGER MULTIFAMILY
DEVELOPMENTS UNDERWAY CURRENTLY,
OUR INVESTIGATORS HAVE UNCOVERED
UNCOVERED CREDIBLE EVIDENCE OF
IMMIGRANT WORKERS TRAPPED IN BY
HUMAN TRAFFICKING RELATED DEBT
PEONAGE. CALIFORNIA NEEDS
HUNDREDS OF THOUSANDS OF
ADDITIONAL HOUSING CONSTRUCTION
WORKERS TO BUILD THE HOUSING THE
STATE NEEDS. AND LET'S BE HONEST
WITH OURSELVES, WOULD WE WANT
OUR OWN SONS AND DAUGHTERS TO
CHOOSE A CAREER IN HOUSING
CONSTRUCTION UNDER PRESENT
CONDITIONS? CALIFORNIA PUBLIC
FUNDS SHOULD CONTRIBUTE TO THE
CHANGES FOR CURRENT AND FUTURE
HOUSING CONSTRUCTION WORKERS
THAT WE WOULD WANT TO SEE FOR
OUR CHILDREN WHERE THEY BUILDING
HOUSING, ASSEMBLY MEMBER HANEY'S
AFFORDABLE HOUSING FAIR PAY ACT
WILL MAKE AN IMPORTANT
CONTRIBUTION TOWARD MAKING THAT
CHANGE AND WILL POSITIVELY
IMPACT THOUSANDS OF CALIFORNIA
HOUSING CONSTRUCTION WORKERS. WE
ARE PROUD TO SPONSOR, AND I WILL
BE HAPPY TO TAKE ANY QUESTIONS
YOU MAY HAVE. GOD DANG, THAT WAS
PERFECT. DANNY CURTIN WITH THE
CALIFORNIA CONFERENCE OF
CARPENTERS. AND WILL MIRACLES
NEVER CEASE? THANK YOU SO MUCH,
THIS HAS BEEN THE LAW OF THE
LAND PREVAILING WAGES. WHEN THE
GOVERNMENT STEPS INTO THE MARKET
AS A MARKET PARTICIPANT, IT HAS
MORE THAN ONE POLICY IN MIND,
AND ONE OF THEM IS TAKING CARE
OF THE WORKFORCE. THAT HAPPENED
90 YEARS AGO IN A NATIONAL
LEVEL. JUST 20 YEARS AGO, WE
EXPANDED THE DEFINITION OF
PUBLIC FUNDS TO INCLUDE ANYTHING
OF VALUE, MONETARY VALUE, AND
EXPANDED THE COVERAGE OF
PREVAILING WAGE, PUBLIC WORKS.
SO THIS IS NOT OUT OF LINE WITH
THAT. AND IN FACT, AT THAT TIME
THERE WAS A AN EXCEPTION FOR LOW
INCOME HOUSING TAX CREDITS
BECAUSE THE TREASURER AT THE
TIME, WHO WAS A FRIEND AND
SUPPORTER, ASKED THAT WE DO NOT
DISRUPT A PROCESS THAT HAD
FEDERAL FUNDING, STATE FUNDING
UNTIL THE PROJECTS THAT WERE IN
PLAY AT THE TIME. SO IT WAS
DELAYED AND I THINK FOR THREE
YEARS. BUT THEN, AS YOU WELL
KNOW HERE, THINGS DON'T STAY
STATIC AND EVERYBODY GOT BUSY.
AND JUST RECENTLY, YOU KNOW,
WE'RE TAKING A HARD LOOK AT IT
BECAUSE A LOW INCOME HOUSING TAX
CREDITS HAVE INCREASED
DRAMATICALLY. I WANT TO MAKE A
POINT ABOUT PREVAILING WAGES.
THEY ARE MUCH MORE THAN WAGES.
THEY IMPROVE, OF COURSE, THE
LIVING STANDARDS OF THE
WORKFORCE THAT'S LOW WAGE. SCOTT
WENT INTO SOME OF THAT. THERE'S
ABOUT $5 BILLION LOST TO
GOVERNMENT BECAUSE OF THAT LOW
WAGE WORKFORCE. IF WE COULD
SIMPLY TRANSFER THAT $5 BILLION
INTO THE HOUSING PROGRAMS THAT
WE WORK SO HARD. AND CHAIRMAN
WARD SITTING THERE, I SAW THAT
THIS MORNING. THAT'S A COST
SHIFT. AND IT'S ON THE BACKS OF
THE WORKERS WHO HIGHER WAGES
DRIVE INNOVATION IN THE
INDUSTRY. IF A CONTRACTOR HAS TO
PAY MORE WAGES, HIGHER WAGES BY
LAW, THEY'RE GOING TO DO MORE
INNOVATION. THEY'RE GOING TO PUT
MORE TECHNOLOGY OUT THERE,
BETTER TOOLS, MORE TRAINING. IT
OPENS THE DOOR FOR UNIONIZED
CONSTRUCTION BECAUSE WE CAN
COMPETE WHEN THERE'S A
PREVAILING WAGE IN A LOW WAGE
HOUSING INDUSTRY WHERE WE CANNOT
COMPETE NOW, NOT EVEN PUT IN A
BID. IT LEVELS THE PLAYING FIELD
FOR US, BUT ALSO IT WILL
ENCOURAGE THIS BODY RIGHT HERE
IN THIS COMMITTEE AND CHAIRMAN
WIRTZ COMMITTEE, TO COME UP WITH
THE ANSWERS TO BRING THE COST
DOWN OF AFFORDABLE HOUSING.
WE'VE BEEN TALKING WITH SOME OF
THE PEOPLE, IN THE, OF COURSE,
THE AFFORDABLE HOUSING WORLD.
WE'VE GOT SOME IDEAS WE REALLY
HOPE YOU'LL SUPPORT THIS. THANK
YOU. THANK YOU. ADDITIONAL
COMMENTS AND SUPPORT, MADAM
CHAIR. MEMBERS. SCOTT. GOVERNOR,
I'M HALF THE CONSTRUCTION
EMPLOYERS ASSOCIATION IN SUPPORT
. I THINK MADAM CHAIR KEITH DUNN
HERE ON BEHALF OF THE DISTRICT
COUNCIL, IRONWORKERS IN SUPPORT.
MADAM CHAIR MEMBERS, EDDIE
BERNACCHI, ON BEHALF OF THE WALL
AND CEILING ALLIANCE IN SUPPORT.
MADAM CHAIR AND MEMBERS, MIKE
WEST, ON BEHALF OF THE STATE
BUILDING TRADES AND SUPPORT.
GOOD AFTERNOON, MADAM CHAIR.
MEMBERS. JAMES THÀNH, DIRECTOR
WITH THE CALIFORNIA STATE
COUNCIL OF LABORERS IN SUPPORT.
GOOD AFTERNOON. VINCE SEGRUE
WITH SHEET METAL WORKERS LOCAL
104, IN SUPPORT. MATT NAZARIAN
WITH SEIU CALIFORNIA IN SUPPORT.
SHANE GUSMAN ON BEHALF OF THE
TEAMSTERS IN SUPPORT TIM RIIF,
CARPENTERS LOCAL 22 IN SUPPORT.
MATTHEW BEESTON, NORCAL
CARPENTERS UNION IN SUPPORT.
JESSE PERALEZ, REPRESENTING
CONTRA COSTA. GOOD AFTERNOON, IN
SUPPORT. APRIL ATKINS, LOCAL 22
CARPENTERS UNION IN SUPPORT. ROD
FINLEY, DRYWALL LATHERS, 9109,
IN SUPPORT. JONATHAN DRESSER,
CARPENTERS LOCAL ONE, 52, IN
SUPPORT. AARON HEADS, CARPENTERS
LOCAL 751 SANTA ROSA IN SUPPORT.
CHRIS SEAVER, LOCAL 34, IN
SUPPORT. DAN MCCULLOUGH, NORCAL
CARPENTERS UNION IN SUPPORT.
DANIEL GRAY, CARPENTERS LOCAL
2236, IN OAKLAND IN SUPPORT.
JOSEPH PEREZ WITH LOCAL 46 AND
IN SUPPORT. THANK YOU, MADAM
CHAIR. MEMBERS. MY NAME IS RON
ROULETTE. I AM THE POLITICAL
DIRECTOR FOR THE NORCAL
CARPENTERS. WE REPRESENT OVER
38,000 MEMBERS. WE ALL WANT TO
GET UP HERE IN SUPPORT. THANK
YOU SO MUCH FOR ALL YOU DO.
THANK YOU. IS MIKE GREENLEE,
PAINTERS AND ALLIED TRADES
DISTRICT COUNCIL 16. WE'RE A
SUPPORT. THANK YOU. SEEING NO
OTHER WITNESSES IN SUPPORT, DO
WE HAVE ANY OPPOSITION?
GOOD AFTERNOON. GOOD AFTERNOON,
MADAM CHAIR, AND MEMBERS. MY
NAME IS GRACIELA CASTILLO KRINGS
AND I AM HERE ON BEHALF OF THE
CALIFORNIA HOUSING CONSORTIUM.
IN REGRETTABLE OPPOSITION, CHC
IS A NONPROFIT ORGANIZATION THAT
ADVOCATES FOR THE PRODUCTION AND
PRESERVATION OF HOUSING
AFFORDABLE OF HOUSING,
AFFORDABLE TO LOW AND MODERATE
INCOME FAMILIES OVER THE LAST
FEW YEARS, CHC HAS STOOD SIDE BY
SIDE WITH THE SUPPORTERS OF THIS
BILL, AND TOGETHER WE HAVE
SUCCESSFULLY PASSED LEGISLATION
THAT WILL MAKE IT EASIER, EASIER
TO BUILD AFFORDABLE HOUSING AND
ENSURE THAT CONSTRUCT
CONSTRUCTION WORKERS, EARN A
LIVING WAGE AND HAVE HEALTH CARE
COVERAGE. WE DO NOT WANT TO
FIGHT OUR FRIENDS, AND IT'S
UNFORTUNATE THAT WE HAVE TO BE
HERE TODAY IN OPPOSITION OF THIS
BILL. BUT AT THE END OF THE DAY,
IT COULD NOT COME AT A WORSE
TIME. THE GOVERNOR'S PROPOSING
TO CUT 1.2 BILLION IN GENERAL
FUND INVESTMENT FOR HOUSING.
HE'S ALSO ELIMINATING THE 500
MILLION IN TAX CREDITS. WE ALSO
DO NOT HAVE ANY GUARANTEE THAT
WE'RE GOING TO HAVE ADDITIONAL
FUNDING, EITHER THROUGH A BOND
OR GENERAL FUND IN THE UPCOMING
YEARS, RIGHT NOW, WHEN WE DON'T
KNOW HOW WE'RE GOING TO CONTINUE
TO FUND AFFORDABLE HOUSING,
ADDITIONAL COST PRESSURES IS NOT
THE RIGHT TIME. HOWEVER, WE ARE
COMMITTED. WE BELIEVE THAT THERE
HAS TO BE A LIVING WAGE THAT WE
CAN USE THIS OPPORTUNITY TO
IMPROVE LIVES FOR PEOPLE THAT
ARE WORKING HERE IN CALIFORNIA,
AND ALSO FOR PEOPLE THAT ARE
PRODUCING AFFORDABLE HOUSING. SO
WE ARE HOPING THAT THIS IS AN
OPPORTUNITY TO BEGIN LONGER
CONVERSATIONS ON HOW WE ARE
GOING TO BE ABLE TO ACCOMPLISH
THAT TOGETHER FOR. GOOD
AFTERNOON. MARK STIVERS WITH THE
CALIFORNIA HOUSING PARTNERSHIP
AND DUE TO THE LATE CUT AND
AMEND, OUR BOARD HASN'T TAKEN
OFFICIAL POSITION, BUT WE
ANTICIPATE STATE OPPOSITION AND
I WILL SHARE OUR CONCERNS TODAY,
WE DO, SEE THE BENEFITS OF
PREVAILING WAGES BOTH TO SOCIETY
AND TO THE WORKERS, HOWEVER, IT
COMES AT A COST. A UC BERKELEY
STUDY OF AFFORDABLE HOUSING
DEVELOPMENTS FOUND THAT
PREVAILING WAGES ADDED 14% TO
TOTAL DEVELOPMENT COSTS, BY MY
BACK OF THE ENVELOPE
CALCULATION, THAT MEANS WE WILL.
THIS BILL WOULD PROBABLY REDUCE
AFFORDABLE HOUSING PRODUCTION BY
ANOTHER 6% IF PASSED. AND THAT'S
ON TOP OF, DECLINING PRODUCTION
ALREADY AS STATE AND LOCAL
HOUSING BONDS DRIED UP LAST
YEAR. HOUSING AFFORDABLE HOUSING
PRODUCTION WENT FROM 23 TO
14,000 UNITS, A DROP OF 9000
UNITS PER YEAR, AS GRACIELA
MENTIONED, WE ARE NOW, THE
HAVING ALL THE GENERAL FUND
EXPENDITURES FOR AFFORDABLE
HOUSING REMOVED. SO IT'S VERY
HARD TO FIGURE OUT HOW WE CAN
CONTINUE TO BUILD AFFORDABLE
HOUSING AT ANY KIND OF
SIGNIFICANT LEVEL. AS WITH
REDUCED REVENUES AND INCREASED
COSTS. WE ARE WE ARE REALLY
LOOKING FOR A WAY FOR A WIN WIN
HERE WHERE IF WE CAN WORK WITH
OUR PARTNERS IN THE CARPENTERS
AND OTHERS TO INCREASE FUNDING
FOR AFFORDABLE HOUSING AND THEN
BE ABLE TO PAY THE PREVAILING
WAGES. AND SO WE'RE JUST HOPING
THAT WE CAN COUNT ON YOUR
SUPPORT TO GET US TO A WIN WIN
AS OPPOSED TO THIS BILL, WHICH
REALLY JUST MEANS A LOT, NOT
JUST A LESS AFFORDABLE HOUSING,
BUT ACTUALLY FEWER CONSTRUCTION
JOBS OVERALL. THANK YOU. THANK
YOU. DO WE HAVE ANY ADDITIONAL
COMMENTS IN OPPOSITION? MELANIE
PERRON ON BEHALF OF THE
ASSOCIATED GENERAL CONTRACTORS
OF CALIFORNIA, IN OPPOSITION.
CHRIS MARTIN ON BEHALF OF
HOUSING CALIFORNIA, RESPECTFUL
OPPOSITION. OKAY, SEEING NO
OTHER WITNESSES, ASSEMBLYMEMBER
WARD, ON BEHALF OF THE AUTHOR, I
WANT TO THANK YOU FOR PRESENTING
HIS BILL. IT'S IMPORTANT THAT WE
ARE HAVING THIS, DISCUSSION. AND
I'VE GOT, YOU KNOW, CERTAINLY
SOME RESERVATIONS. I'M TWO
THINGS ARE TRUE AT THE SAME
TIME. ONE, I'VE ALWAYS BEEN
ADAMANT THAT AS WE ARE THINKING
ABOUT PROVIDING PUBLIC BENEFITS
IN THE FORM OF THE RESOURCES, BE
THEY DIRECT PROGRAM OR IN THIS
CASE, OUR TAX CREDITS, THAT
THERE SHOULD BE SORRY FOR
OFFERING PUBLIC RESOURCES, THAT
THERE SHOULD BE A PUBLIC BENEFIT
. AND THAT COMES IN MANY FORMS.
RIGHT? WE'RE TRYING TO PROMOTE
AFFORDABILITY, FOR OUR
COMMUNITY. THAT'S A FORM OF
PUBLIC BENEFIT THAT, COMES IN
THE FORM OF, BETTER COMPENSATION
FOR OUR WORKERS, AND STANDARDS
THAT WE SHOULD BE ASPIRING TO
HERE IN CALIFORNIA. AND WE HAVE
DONE THAT, YOU KNOW,
CONSISTENTLY ACROSS VARIOUS
PROGRAMS AS WELL, TYING OUR
PREVAILING WAGE REQUIREMENTS,
FOR EXAMPLE, TO THAT. SO I DO
LIKE MAKING SURE THAT WE'RE
CONSISTENT THAT, WITH, IN THIS
CASE, A TAX CREDIT PROGRAM,
WHICH I SEE AS A PUBLIC GIVE
THAT WE WANT TO MAKE SURE THAT
WE'RE ALSO CONSISTENT WITH WHAT
WE ARE TRYING TO DO, IN THE
TOTALITY OF COMMUNITY BENEFITS.
AT THE SAME TIME, THE OTHER
TRUTH IS THAT THINGS HAVE GOTTEN
YOU KNOW, INAPPROPRIATELY TOO
EXPENSIVE TO BE ABLE TO BUILD
THE AFFORDABLE HOUSING THAT WE
ALSO DESPERATELY NEED. AND THAT
MIGHT RESULT IN EITHER. WELL, I
THINK WHAT THAT'S GOING TO
RESULT IS IN LESS UNITS BEING
CONSTRUCTED, IF SOMETHING IS
GOING TO HAVE TO GIVE ON THE
BALANCE SHEET. YES, IT'S
IMPORTANT THAT WE HAVE VERY
STRONG WAGES. AND SO WHEN YOUR
TOTAL PIE IS THE SAME, THAT'S
MAYBE NOT NECESSARILY GOING TO
RESULT IN, A PROJECT NOT
HAPPENING, JUST FEWER UNITS ABLE
TO HAPPEN ON ON THAT PROJECT,
WHICH MEANS LESS BENEFIT IN THAT
FORM OF A COMMUNITY BENEFIT AS
WELL. SO I APPRECIATE THE
WILLINGNESS AND THE OVERTURES
THAT I HEAR FROM BOTH SIDES THAT
WE HAVE TO GET TO THE SAME,
PLACE AND WE HAVE TO, FIND
SHARED AGREEMENTS ON, ON HOW WE
ARE PRODUCING MORE, AFFORDABLE
HOUSING AT MORE AFFORDABLE
LEVELS, THE AND THAT THAT'S
WHERE I'D LIKE TO BE ABLE TO SEE
THIS, THIS CONVERSATION CONTINUE
, FOLLOWING FOLLOWING THIS
COMMITTEE VOTE HERE TODAY,
BECAUSE ABSENT THAT, YOU KNOW,
WE'RE WE'RE UNFORTUNATELY
PITTING THE WORKERS
COMPENSATION, THE WORKERS RIGHTS
THAT WE DESPERATELY STAND UP FOR
AND NEED HERE IN CALIFORNIA
VERSUS MAKING UP THE DEFICIT OF
AFFORDABLE HOUSING THAT WE ALSO
SO DESPERATELY NEEDS. THESE
THESE TWO SHOULD NOT BE
COMPETING, WE WE'VE GOT TO FIND
SOLUTIONS IN OUR STATE, AND IT'S
ON US AS WELL TO BE FACILITATORS
OF THOSE, DECISIONS AND THOSE,
THOSE IDEAS THAT ARE GOING TO
ACHIEVE BOTH. AND SO THAT'S WHAT
I'M LOOKING FORWARD. AND I WANT
TO WATCH THIS CLOSELY AS IT
MOVES FORWARD OUT OF COMMITTEE
HERE TODAY, TO MAKE SURE THAT
WE'RE NOT, IN A SENSE, ROBBING
PETER TO PAY PAUL. THANK YOU.
THANK YOU. AND I'LL BE HAPPY TO
MOVE THE BILL SECOND. WOULD YOU
LIKE TO CLOSE JUST RESPECTFULLY
ASK FOR AYE VOTE. SECRETARY, CAN
YOU PLEASE CALL THE ROLL? THE
MOTION IS DUE. PASS TO
APPROPRIATIONS. ORTEGA, A,
ORTEGA I FLORA. HI. FLORA. I
ALANIZ. ALL IN EAST I WENDY
CARILLO LEE WARD. WARD I ZUBIR.
THAT MEASURE IS OUT. THANK YOU.
VICE CHAIR. FLORA YEAH, YEAH.
CHRIS. ARE YOU DOING THE OTHER.
OKAY, LET'S KEEP IT ROLLING.
OKAY THANK. YOU. YES. SO, VICE
CHAIR FLORA WILL BE PRESENTING,
A B 2182 FOR ASSEMBLYMEMBER
HANEY. YES SIR. THANK YOU. YOU
MAY OPEN. THANK YOU, MADAM
CHAIR, PRESENTING AB 2182 FOR
SOME MEMBER HANEY, AB 2182 IS
CRITICAL LEGISLATION THAT WILL
ENSURE EQUITABLE PAY FOR
CONSTRUCTION WORKERS ACROSS
CALIFORNIA BY ADDRESSING SEVERAL
SHORTCOMINGS OF CURRENT
PREVAILING WAGE LAW AND
ENFORCEMENT. FIRST, AB 2182
ENSURES THAT WORKERS RECEIVE
CURRENT PREVAILING WAGES ON
PROJECTS REGARDLESS OF WHEN THE
PROJECT WAS ANNOUNCED FOR BID.
RIGHT NOW, WORKERS ARE FORCED TO
TAKE PREVAILING WAGE FOR WHEN
THE PROJECT WAS FIRST ANNOUNCED.
EVEN IF IT'S YEARS BEFORE THE
PROJECT IS ACTUALLY BREAKS
GROUND OR IF THERE WAS A LOWER
WAGE IN PLACE, THIS ADJUSTMENT
IS ESSENTIAL FOR MAINTAINING
EQUITY WITHIN THE INDUSTRY AND
ENSURING WORKERS RECEIVE,
ADEQUATE WAGES. AND WITH THAT, I
WILL TURN IT OVER. REPRESENTING
THE TRADES, MR. KEITH DUNN,
THANK YOU FOR PINCH HITTING, I
APPRECIATE THAT. I'M HERE TODAY
TO ASK FOR YOUR SUPPORT FOR
2182. I'M NOT GOING TO SPEND A
LOT OF TIME GOING OVER IT AS
WE'RE LOSING MEMBERS AND, AND,
AND, AND SHORT ON TIME. I WILL
JUST SAY THAT THIS IS AN EFFORT
TO MAKE SURE THAT THE CURRENT
WAGE IS PAID WHEN A JOB IS
UNDERTAKEN. CONTRACTORS DO THIS
ROUTINELY, AND ESTIMATING
MATERIALS COSTS CAN DO THAT WITH
LABOR COSTS AS WELL. IT ALSO
PROVIDES FOR LABOR MANAGEMENT,
ACCESS TO PROJECTS, LABOR
MANAGEMENT OR PARTNERS. I KNOW
THAT THERE'S BEEN SOME CONCERN
ABOUT THAT ACCESS, AND WE DON'T
WANT, ANY TYPE OF INJURIES TO
OCCUR. AND I KNOW THAT WE CAN
WORK WITH OUR MANAGEMENT
PARTNERS TO MAKE SURE THAT
THERE'S SAFE ACCESS AND
REASONABLE ACCESS TO THE JOB
SITES TO MAKE SURE THAT THERE'S
COMPLIANCE, WITH THESE, WITH
THESE REQUIREMENTS. SO WITH
THAT, YOU KNOW, WE THINK THAT
THERE'S NO REASON THAT YOU CAN'T
ESTIMATE, JUST LIKE YOU DO FOR
MATERIALS AND MAKE ADJUSTMENTS
AS YOU GO INTO THIS JOB AND MAKE
SURE THAT THE WORKERS ARE
RECEIVING THE WAGE THAT THEY'RE
OWED. THIS IS NOT A INCREASE IN
WAGES. THIS IS A WAGE THAT
THEY'RE OWED. SO WITH THAT, I'M
HAPPY TO ANSWER QUESTIONS AS WE
MOVE FORWARD AND RESPECTFULLY
ASK FOR YOUR AYE VOTE. THANK
YOU. THANK YOU. DO WE HAVE
ADDITIONAL WITNESSES IN SUPPORT?
YES, MADAM CHAIR EDDIE BERNACCHI
, ON BEHALF OF THE NATIONAL
ELECTRICAL CONTRACTORS
ASSOCIATION AND THE CALIFORNIA
LEGISLATIVE CONFERENCE OF THE
PLUMBING, HEATING AND PIPING
INDUSTRY IN SUPPORT. THANK YOU.
MATT CREMEANS, OPERATING
ENGINEER. STRONG SUPPORT
MERRILEES. ALREADY ON BEHALF OF
THE CALIFORNIA LABOR FEDERATION
IN SUPPORT CONNIE CHAN ON BEHALF
OF CALIFORNIA STATE TREASURER
FIONA MA. AND STRONG SUPPORT
VINCE GREWAL ON BEHALF OF SHEET
METAL WORKERS LOCAL 104. IN
STRONG SUPPORT. SHANE GUSMAN ON
BEHALF OF THE TEAMSTERS IN
SUPPORT ANY WITNESSES IN
OPPOSITION. THÀNH.
MADAM CHAIR, MEMBERS. SCOTT.
GOVERNOR, ON BEHALF OF THE
CONSTRUCTION EMPLOYERS
ASSOCIATION, THERE ARE MANY OF
THE LARGEST UNION SIGNATORY
BUILDERS IN THE STATE, AS YOU
KNOW, GENERAL CONTRACTORS ARE
RESPONSIBLE FOR MAINTAINING THE
SAFETY AND SECURITY OF JOB
SITES. ONE OF THE PROVISIONS IN
THIS BILL ALLOWS JHMCS,
UNFETTERED ACCESS TO THOSE
SITES. THEY ALREADY HAVE ACCESS
TO THE RECORDS. WE ARE CONCERNED
FOR THE SAFETY OF OUR EMPLOYEES
AND THOSE OF OUR SUBCONTRACTORS
ABOUT HAVING THESE GROUPS ROAM
THE SITE AND INTERRUPT THE WORK
SCHEDULE. COULD BE DETRIMENTAL.
THE OTHER THING I'D LIKE TO
POINT OUT IS, AS WAS DISCUSSED
WITH ASSEMBLY MEMBER QUIRK-SILVA
BILL AND A HOST OF OTHER BILLS
INCLUDED BY MISS SCHIAVO, BY
YOURSELF, DIR IS UNDER ATTACK.
PEOPLE CONTINUE TO SAY HOW
OVERWORKED THEY ARE AND HOW THEY
ARE PERFORMING. AND YET THIS
BILL CHARGES DIR WITH DOING MORE
SAU, THIS DOESN'T WORK. IT
DOESN'T WORK FOR WORKERS, AND IT
CERTAINLY DOESN'T WORK FOR
EMPLOYERS. SO WE NEED TO THINK
ABOUT ADDITIONAL OBLIGATIONS ON
DIR. SO THANK YOU VERY MUCH.
GOOD AFTERNOON. CHAIR MEMBERS
MELANIE PERRON ON BEHALF OF THE
ASSOCIATED GENERAL CONTRACTORS,
IN OPPOSITION TO THIS BILL,
ECHOING MY THE COMMENTS OF THE
COLLEAGUE SITTING NEXT TO ME, I
ALSO JUST WANT TO POINT OUT THAT
MANY OF OUR CONTRACTORS ALREADY
HOLD MASTER LABOR AGREEMENTS ON
PROJECTS ON, EXCUSE ME, MASTER
LABOR AGREEMENTS, IRRESPECTIVE
OF PROJECTS, THESE JOINT LABOR
MANAGEMENT COMMITTEES, THIS IS A
WAY TO GET ACCESS INTO JOB SITES
WHERE UNIONS MAY WANT TO SEE IF
THEY HAVE UNION AFFILIATED JOBS
OR NOT, WHICH COULD BE A WAY TO
DISRUPT WHAT IS HAPPENING ON THE
JOB SITE. SO WE CERTAINLY HAVE
CONCERNS THERE. ALSO, AS THE
SPONSOR TALKED ABOUT REGARDING
THE PREVAILING WAGE
REQUIREMENTS, WE APPRECIATE THE
COMMENTS ABOUT BEING ABLE TO DO
THOSE ESTIMATES. WE WANT TO
ENSURE THAT THE AWARDING ENTITY
WILL BE RESPONSIBLE FOR BEARING
THOSE COSTS. THE BILL DOES NOT
STATE THAT. SO THAT IS SOMETHING
THAT'S REALLY IMPORTANT TO US TO
ENSURE THAT WE'RE NOT CHILLING
THE ENVIRONMENT. FOR CONTRACTORS
WANTING TO ENGAGE IN PUBLIC
WORKS, BUT WANTING TO GO AND
INCREASE A MORE DIVERSE POOL FOR
PEOPLE TO WANT TO BID ON THESE
PROJECTS. THANK YOU. ANY
ADDITIONAL WITNESSES IN
OPPOSITION? SEEING NONE. I DON'T
HAVE ANY QUESTIONS OR COMMENTS.
SO BACK TO THE AUTHOR. I SURE
HOPE YOU CAN SECOND IT. MOVE THE
BILL. NO, IT'S ALREADY BEEN
MOVED IN SECOND. OH, EVEN BETTER
, RESPECTFULLY ASK FOR AN AYE
VOTE, MADAM CHAIR, CAN YOU
PLEASE. I MEAN, SECRETARY, CAN
YOU PLEASE CALL THE ROLL? THE
MOTION IS DUE PASS TO
APPROPRIATE ORTEGA A ORTEGA I
FLORA I FLORA I ALANIS WENDY
CARILLO LEE WARD. ZUBIR THAT
BILL IS ON CALL. THANK YOU.
THANK YOU SO GIBSON JUST SHOWED
UP. OKAY. ASSEMBLY MEMBER
GIBSON, WOULD YOU LIKE TO COME
UP? ITEM NUMBER TEN, AB 2975.
I'M WAITING FOR MY WITNESSES. I
THINK THEY'RE OUTSIDE. HOPEFULLY
SOMEONE WILL GET THEM. MADAM
CHAIR. AND VICE CHAIR. THANK YOU
VERY MUCH. AND COMMITTEE
MEMBERS, FOR ALLOWING ME TO
PRESENT ASSEMBLY BILL 2975,
WHICH SEEKS TO IMPROVE HOSPITAL
SAFETY BY REQUIRING METAL
DETECTORS WITH APPROPRIATE
STAFFING AT SELECTED ENTRANCES.
HOWEVER, I MEAN, EXCUSE ME,
HEALTH CARE WORKERS ARE ON THE
FRONT LINE OF THESE PATIENT
CARES AND OFTEN FACE PATIENTS,
PATIENTS AND THEIR FAMILIES IN
CRISIS. ACCORDING TO THE UNITED
STATES BUREAU OF LABOR AND
STATISTICS, HEALTH CARE WORKERS
ARE FIVE TIMES MORE LIKELY TO
SUFFER A WORKPLACE VIOLENT
INJURY THAN WORKERS OVERALL. AND
THE VIOLENCE, IN THESE
PARTICULAR FACILITIES ARE
CERTAINLY TRENDING UP. THE ISSUE
OF WORKPLACE VIOLENCE ADD TO
HEALTH CARE WORKERS, STRESS AND
ALSO BURN OUT. ASSEMBLY BILL
2975 PROPOSED TO ENHANCE THE
REQUIREMENT SAFETY MEASURES FOR
HOSPITALS BY REQUIRING COMMON
SENSE. I WANT TO UNDERSCORE
COMMON SENSE MEASURES SUCH AS
PROPERLY STAFFING METAL
DETECTORS AT SELECTED ENTRANCES
TO ENSURE THAT HOSPITALS REMAIN
A SAFE PLACE OF HEALING AND NOT
VIOLENCE, I HERE WITH ME TO
PROVIDE, SUPPORTING TESTIMONY IS
MAT REPRESENTING SEIU, ONE, TWO
ONE NURSE MATTERS WITH SEIU
STATE COUNCIL. I'M JUST HERE FOR
TECHNICAL QUESTIONS IN CASE WE
GET ANY. BUT WE HAVE OUR TWO
WONDERFUL WORKERS WHO ARE NURSES
ON THE FRONT LINE TO GIVE
TESTIMONY. SO, JESSE, IF YOU
LIKE TO GO FIRST. THANK YOU.
THANK YOU EVERYBODY, HI. MY NAME
IS JESSE DILL. I'M GOING TO READ
MY STATEMENT HERE TO YOU GUYS,
SO I'M A REGISTERED NURSE IN THE
EMERGENCY DEPARTMENT, ENCINO
HOSPITAL. MEDICAL CENTER, I WANT
TO THANK YOU GUYS FOR GIVING ME
A CHANCE TO SPEAK HERE TODAY.
ABOUT THIS, ASSEMBLY BILL 2975
TO SECURE ALL HOSPITALS, THIS
BILL AIMS TO REDUCE THE THREAT
OF VIOLENCE DIRECTED AT HEALTH
CARE WORKERS, ITS PASSAGE WILL
MAKE HOSPITALS SAFER FOR NURSES,
OUR PATIENTS, FAMILIES, AND THE
ENTIRE HOSPITAL, WORKPLACE
VIOLENCE IN HOSPITALS, INCLUDING
VIOLENCE AND WEAPONS, IS ON THE
RISE, FOR ME, THIS THREAT BECAME
ALL TOO REAL IN JUNE 2022,
PATIENT ARRIVED TO THE EMERGENCY
ROOM, IN DISTRESS. OF COURSE, WE
HELPED HIM, WE ADMITTED HIM,
CHECKED HIM IN, PHYSICALLY
CHECKED HIM, ADDRESSED HIS OTHER
NEEDS, OVER THE NEXT FEW HOURS,
HE BECAME VERY AGITATED. AND,
SOMETHING THAT'S NOT UNUSUAL,
WE'RE SEEING A LOT OF IT OUT IN
THE COMMUNITY RIGHT NOW WITH
SUBSTANCE ABUSE AND OTHER
THINGS. UNFORTUNATELY, ONE OF MY
COLLEAGUES WAS STABBED, I DIDN'T
KNOW AT THE TIME. I HEARD A LOUD
NOISE IN THE ROOM. I WENT IN TO
HELP, AND I WAS STABBED AS WELL.
OUR E.R. WAS EVACUATED, AND THE
DETAILS THAT FOLLOW ARE STILL
KIND OF, LIKE, HARD TO RECALL,
OUR, ER, YOU KNOW, IT WAS THERE
WAS A STANDOFF WITH THE POLICE,
CHAOS EVERYWHERE. UNFORTUNATELY
THE ER, DOCTOR I WORKED WITH FOR
20 YEARS IS NO LONGER ABLE TO
WORK ANYMORE BECAUSE OF THIS
INCIDENT, I WAS ABLE TO HEAR
COME TO COME HERE TODAY TO SPEAK
TO YOU GUYS TO GIVE MY TESTIMONY
BECAUSE I FEEL LIKE IT'S VERY
IMPORTANT. THIS NEEDS TO GET
PASSED BECAUSE WE'RE THERE TO
HELP OUR COMMUNITIES. I'VE
WORKED IN THIS HOSPITAL FOR 20
YEARS, TO SERVE THE COMMUNITY,
THEIR FAMILIES DURING COVID. WE
WORK VERY LONG HOURS, UNSAFE
CONDITIONS TO HELP EVERYBODY,
AND WE SHOULD BE ABLE TO DO OUR
JOB SAFELY. AND THAT'S VERY
IMPORTANT. I'LL FINISH. SO
SORRY. THANK YOU. ALL RIGHT.
THANK YOU. GOOD AFTERNOON. MY
NAME IS BRITTANY BRANDON. I'M A
REGISTERED NURSE AT SOUTHERN
CALIFORNIA HOSPITAL, HOLLYWOOD,
WHERE I'VE WORKED FOR THE LAST
TWO YEARS IN THE PSYCH UNIT.
PREVIOUSLY, I'VE WORKED AT THE
VETERAN AFFAIRS HOSPITAL ON
PSYCH, HOSPICE AND LONG TERME
CARE. TODAY, I'M HERE TO URGE
YOU TO SUPPORT BILL AB 2975, THE
SECURE HOSPITALS FOR ALL BILL,
BECAUSE IT WILL MAKE OUR
HOSPITALS SAFER. AS A NURSE,
I'VE TAKEN AN OATH BEFORE GOD
AND MY ASSEMBLY OF PEERS TO
PROVIDE SAFE CARE AND
COMPASSIONATE CARE TO ALL
PATIENTS. IT IS OFTEN DIFFICULT
TO PROVIDE COMPASSIONATE CARE
BECAUSE WE ARE ALWAYS ON THE
MENTAL HEALTH UNITS AND UNITS
ACROSS AMERICA ARE ON HIGH
ALERT. REASON BEING IS BECAUSE
WE ARE PERSONALLY RESPONSIBLE AS
NURSES TO CHECK PATIENTS
BELONGINGS IN FRONT OF THEM. IN
FACT, THE HARDEST PART ABOUT
THIS IS THAT OFTENTIMES WE
RECOVER SCRAPS OF METAL THAT ARE
OFTEN FORMED INTO WEAPONS AND
ALSO MATERIALS THAT CAN BE USED
TO FORM WEAPONS AS WELL. MANY OF
YOU, AS MANY OF YOU MAY OR MAY
NOT KNOW, A LOT OF OUR UNITS ARE
LOCKED, WHICH MEANS THAT IT'S
ONE WAY IN AND ONE WAY OUT. THAT
COULD BE A CATASTROPHE FOR A
PERSON LIKE ME IN MENTAL HEALTH,
BECAUSE THAT IS THE ONLY ROUTE
OF EXIT THAT I HAVE WHEN I NEED
TO GET OUT OF A DANGEROUS
SITUATION. ANOTHER REASON WHY
YOU SUPPORT AB TWO 975 IS IT IS
BECAUSE IT REQUIRES THAT TRAINED
SECURITY OFFICERS AND NOT US,
ARE THE ONES TO CHECK PATIENTS
BELONGINGS. MANY TIMES WHEN WE
HAVE OUTSIDE PATIENTS, THEY ARE
FROM TRANSIENT LIFESTYLES, FROM
HOMELESS SUBSTANCE ABUSE
POPULATIONS AND DON'T HAVE
STABLE LIFE LIFESTYLES, WHICH
MEANS THAT THEY BRING A LOT OF
BELONGINGS WITH THEM BECAUSE OF
PATIENT UNDERSTAFFING OF NURSES.
WE DON'T HAVE THE MANPOWER WE
NEED TO PROPERLY CHECK EACH BAGS
, WHICH MAKES AB TWO, NINE, 75
AND THE METAL DETECTOR CHECK
VERY IMPORTANT. LAST YEAR,
AROUND SIX MONTHS AGO, WE HAD A
COWORKER WHO WAS ASSAULTED BY A
PATIENT. HAD WE NOT HAVE REACHED
THE PATIENT THE NURSING TIME, WE
DON'T KNOW WHAT WOULD HAVE
HAPPENED BECAUSE HIS BED HAD A
BUNCH OF BELONGINGS, HAD A BUNCH
OF WEAPONS. THANK YOU. DO WE
HAVE ANY OTHER WITNESSES IN
SUPPORT? ELMER LAZARD, ON BEHALF
OF THE CALIFORNIA LABOR
FEDERATION IN SUPPORT. ALL
RIGHT. MARTINE THOMAS KENDRA,
ONTARIO HOSPITAL. I'VE BEEN A
NURSE FOR 40 YEARS, AND I
SUPPORT, AB 2975. ELIZABETH
RIVERSIDE COMMUNITY HOSPITAL.
I'VE BEEN AN RN FOR 20 YEARS,
AND I'M IN SUPPORT OF AB 7925.
HI. MY NAME IS DYLAN CASTRO. I'M
A REGISTERED NURSE IN MONTEREY
PARK HOSPITAL IN LOS ANGELES
COUNTY, AND I SUPPORT AB 2975.
THANK YOU. DO WE HAVE ANY
WITNESSES IN OPPOSITION? GOOD
AFTERNOON, MADAM CHAIR AND
MEMBERS. CHRISTY WEISS WITH
CAPITAL ADVOCACY ON BEHALF OF
THE CALIFORNIA HOSPITAL
ASSOCIATION HERE TODAY IN AN
OPPOSE UNLESS AMENDED POSITION
AND FIRST OF ALL, WE'D LIKE TO
REALLY THANK AND ACKNOWLEDGE
ASSEMBLY MEMBER GIBSON FOR, YOU
KNOW, SHARING THE CONCERNS THAT
OUR HOSPITALS HAVE ABOUT THE
SAFETY OF OUR PATIENTS AND OUR
WORKERS. WE ARE IN TOTAL
AGREEMENT ABOUT THAT. AND IT IS
SO DISHEARTENING TO HEAR THE
STORIES OF THE WORKERS WHO WERE
HERE. AND, AS I THINK MANY OF
YOU HAVE HEARD IN OUR
CONVERSATIONS BEFORE, THE
INCREASE THREAT OF VIOLENCE OF
WORKERS AND PATIENTS IN
HOSPITALS IS OF GREAT CONCERN.
HOSPITALS ARE INTENDED TO BE A
PLACE OF HEALING, UNFORTUNATELY,
WE'RE IN A POSE UNLESS AMENDED
POSITION HERE TODAY BECAUSE WHAT
THE BILL DOES IS IT TAKES AWAY
KIND OF THE FLEXIBILITY OF
INDIVIDUAL HOSPITALS TO FIGURE
OUT WHAT IS THE RIGHT WAY TO
MANAGE THESE SITUATIONS. WHERE
ARE THE RIGHT LOCATIONS WITHIN
THE HOSPITAL TO PUT METAL
DETECTORS, HOW BEST TO DEAL WITH
MATERIALS THAT MAY BE
CONFISCATED FROM PATIENTS? YOU
KNOW, WE HAVE SOME HOSPITALS
WHERE IT MIGHT BE A SMALL FOUR
BED CRITICAL ACCESS HOSPITAL
WHERE THIS MODEL PROPOSED IN THE
BILL MIGHT NOT MAKE SENSE. AND
WE HOPE WE CAN GET TO A PLACE BY
WORKING WITH THE AUTHOR AND THE
SPONSOR, THAT WE CAN COME UP
WITH SOME AMENDMENTS THAT
CERTAINLY ACHIEVE THE GOAL THAT
ASSEMBLY MEMBER GIBSON HAS. BUT,
YOU KNOW, GIVES THE HOSPITALS
THE FLEXIBILITY THEY NEED TO
MAKE THIS WORK. I KNOW I JUST
EXPERIENCED THIS MYSELF. I WAS
CARRYING MY DAUGHTER INTO THE
EMERGENCY ROOM AND CARRYING A,
YOU KNOW, LARGE CHILD THROUGH A
METAL DETECTOR. THE SECURITY
GUARD WAS VERY GENEROUS AND KIND
OF HELPED ME MAKE IT WORK. AND
IT DEFINITELY MADE SENSE FOR IT
TO BE IN THAT HOSPITAL WHERE IT
WAS. I THINK WHAT WE'RE LOOKING
TO GET TO IS A PLACE WHERE WE
CAN WORK WITH THE AUTHOR, ON THE
SPONSOR, ON SOME AMENDMENTS TO
REMOVE OUR OUR OPPOSITION. THANK
YOU, THANK YOU, MADAM CHAIR, AND
MEMBERS OF THE COMMITTEE. SARAH
BRIDGE, ON BEHALF OF THE
ASSOCIATION OF CALIFORNIA
HEALTHCARE DISTRICTS HERE,
RESPECTFULLY OPPOSE, UNLESS
AMENDED, TO THE BILL TODAY, I
WANT TO ECHO MY COMMENTS BY MY
COLLEAGUE FROM THE CALIFORNIA
HOSPITAL ASSOCIATION. REALLY
SUPPORT THE INTENT BEHIND THE
BILL AND WANT TO REITERATE THAT
OUR WORKERS AND OUR PATIENT
SAFETY IS OUR NUMBER ONE
CONCERN, HOWEVER, TODAY, OUR
CONCERN WITH THE BILL AS
CURRENTLY IN PRINT IS TWOFOLD.
FIRST, THE STATE SMALL AND RURAL
HOSPITALS HAVE A SIGNIFICANT
COST OF THE INSTALLATION OF
THESE METAL DETECTORS,
PARTICULARLY FOR ONE DISTRICT.
PUBLIC CRITICAL ACCESS HOSPITAL
IN THE STATE. THEY SPEND
$700,000 ANNUALLY TO INSTALL AND
MAINTAIN METAL DETECTORS. WHILE
THAT MAY SEEM INSIGNIFICANT,
THESE HOSPITALS RELY ON EVERY
DOLLAR TO MAINTAIN ACCESS TO
CARE AND PROVIDE SERVICES TO
THEIR COMMUNITIES. SECOND,
HOSPITALS ARE FEDERALLY REQUIRED
TO PROVIDE ACCESS TO CARE FOR
ALL PATIENTS SEEKING MEDICAL AND
EMERGENCY SERVICES AND
HOSPITALS. THERE ARE NO FEDERAL
OR STATE STATUTES CURRENTLY THAT
ALLOW US TO REJECT A PATIENT
BECAUSE THEY BRING A WHAT,
SOMETHING THAT MAY CONSTITUTE AS
A WEAPON INTO THE EMERGENCY
DEPARTMENT, AT THIS TIME, AB
2975 FAILS TO ACCOUNT FOR THE
POTENTIAL RISKS AND LIABILITIES
THAT THIS INCREASES,
PARTICULARLY FOR PUBLIC
FACILITIES. AND THAT'S WHERE OUR
MAIN CONCERNS LIE, HOSPITALS,
ESPECIALLY PUBLIC DISTRICT
HOSPITALS, ARE PILLARS OF THEIR
COMMUNITIES PROVIDING LIFE
SAVING CARE WITHOUT ADDRESSING
SOME OF THE FUNDAMENTAL
CHALLENGES IN THE BILL, INCLUDE
SAYING THAT IT DOES NOT ACTUALLY
REQUIRE AN INDIVIDUAL TO GO
THROUGH THE METAL DETECTOR TO
ENTER THE HOSPITAL. IT CREATES
ADDITIONAL RISK AND LIABILITY
FOR OUR PUBLIC PROVIDERS, AND
THAT REALLY UNDERLIES OUR
CONCERNS. TODAY, DISTRICT
HOSPITALS ARE READY TO ROLL UP
THEIR SLEEVES AND FIND A
MEANINGFUL SOLUTIONS TO
WORKPLACE VIOLENCE FOR HEALTH
CARE PROVIDERS AND THEIR
PATIENTS. WE'RE COMMITTED TO
FINDING SOLUTIONS IN THE BILL
WITH THE AUTHOR AND SPONSORS.
HOWEVER, AT THIS TIME WE REMAIN
RESPECTFULLY OPPOSED UNLESS
AMENDED. THANK YOU, THANK YOU.
DO WE HAVE ADDITIONAL WITNESSES
IN OPPOSITION? SEEING NONE, I
WILL TURN IT TO OUR MEMBERS. ANY
QUESTIONS OR COMMENTS? THANK YOU
. I HAVE A MOTION. A SECOND
SEEING NO COMMENTS, I WOULD YOU
LIKE TO CLOSE? YES, THANK YOU
VERY MUCH. AND I APPRECIATE THE
OPPOSITION, AND THEIR
RESPECTFULNESS IN TERMS OF,
POSING UNLESS AMENDMENTS AND
CERTAINLY THERE'S ROOM FOR US TO
HAVE CONVERSATION. BUT I DO WANT
TO BRING OUT A POINT. ONE, I
KNOW ONE OF THE WITNESSES
INDICATED ABOUT $750,000, FOR
DISTRICT HOSPITAL IN TERMS OF
EXPENSE. WHAT WOULD BE THE
EXPENSE? TO REPLACE A LIFE OF
SOME MEDICAL PROFESSIONAL LOSING
THEIR LIFE AT WORK DUE TO
WEAPONS COMING TO THE HOSPITALS?
AND I WOULD SIMPLY SURMISE THAT
WE'RE LIVING IN DIFFERENT TIMES
NOW, AND WHAT I MEAN BY THAT,
PEOPLE COMING INTO HOSPITALS,
PEOPLE COMING INTO HOSPITALS
WITH WEAPONS, I HEARD ONE STORY
AND I FAILED TO PUT INTO MY
NOTES, ONE HOSPITAL, ACTUALLY
TAKING ABOUT 300 WEAPONS. NOW,
WEAPONS HAVE BEEN UNDEFINED, IN
TERMS OF WHAT THAT ACTUALLY
MEANS, WHETHER IT'S KNIVES OR
WHATEVER, WE HAVE ALSO HEARD,
TIME AND TIME AGAIN, NURSES
BECOMING SECURITY OFFICERS,
NURSES AND HEALTH CARE
PROFESSIONALS IN THE HOSPITALS,
THEIR PRIMARY RESPONSIBILITY
SHOULD BE PATIENT CARE,
PROVIDING COMFORT TO THOSE
PATIENTS, MAKING SURE THOSE
PATIENTS ARE COMFORTABLE IN THE
SETTING, AND ALSO PROVIDING THAT
KIND OF CARE FOR THEM. THEY
SHOULD NOT BE USED AND UTILIZED
AS SECURITY OFFICERS. THAT'S NOT
WHAT THEY WENT TO SCHOOL FOR.
THAT'S NOT WHAT THEY WERE BEING
TRAINED FOR. BUT YET AND STILL,
WE'RE FINDING OURSELVES IN
CALIFORNIA, WHERE THESE HEALTH
CARE PROFESSIONALS ARE BEING
USED OUTSIDE, I MIGHT ADD, OF
THEIR PROFESSION. AND SO WE MUST
DO SOMETHING ABOUT THIS. AND WE
THINK THIS IS A THOUGHTFUL STEP
IN THE RIGHT DIRECTION. PLACING
METAL DETECTORS TO MAKING SURE
THAT ONE, NOT ONLY PEOPLE GOING
TO THE HOSPITAL FEEL SAFE TO GET
THE CARE, BUT ALSO THE HEALTH
CARE PROVIDERS, THE HEALTH CARE
WORKERS IN A IN A SPACE THAT IS
CONDUCIVE TO SAFETY FOR THESE
INDIVIDUALS WHO WANT TO GO HOME.
AT THE END OF THE DAY, I
RESPECTFULLY ASK FOR AN AYE
VOTE. THANK YOU. SECRETARY,
PLEASE CALL THE ROLL. THE MOTION
IS DO PASS TO APPROPRIATIONS.
ORTEGA I, ORTEGA I. FLORA. FLORA
NOT VOTING ALANIS Ã. ALANIS I
WENDY CARILLO. WENDY CARILLO I
LI LEE I WARD ZUBIATE. THAT
MEASURE IS OUT. THANK YOU AND
WELCOME BACK. MEMBERS I'M GOING
TO BE ON THE WRONG SIDE. THAT'S
SO GOOD OKAY. ITEM NUMBER 11,
ASSEMBLY MEMBER GALLAGHER. AB
3563056.
I THANK YOU, MADAM CHAIR.
MEMBERS I APPRECIATE THE
OPPORTUNITY TO PRESENT AB 3056,
YOU KNOW, I THINK OFTENTIMES
TIMES, YOU KNOW, ONE OF A FEW
LEGISLATORS, I THINK THAT IS
ABLE TO KIND OF BRING A
PERSPECTIVE FROM AGRICULTURE TO,
AND TO ME, YOU KNOW, THIS IS
SOMETHING THAT'S VERY CLOSE TO
ME AS YOU KNOW, A FARMER, AND,
AND GROWING UP IN AGRICULTURE,
KNOWING THIS, YOU KNOW, KNOWING
IT VERY WELL, I OFTENTIMES TRY
TO FIGURE OUT, HEY, HOW DO WE
FIND A WAY TO MAKE OUR POLICIES
WORK BETTER, YOU KNOW, FOR
AGRICULTURE, FOR RURAL PEOPLE,
AND I THINK THAT I, I ALSO AM
ABLE TO BRING A PERSPECTIVE OF
NOT JUST A FARM OWNER, BUT ALSO
OF FARM WORKERS. I HAVE GROWN UP
WITH FARM WORKERS. I'VE WORKED
WITH FARM WORKERS. I KNOW THEIR
FAMILIES. I KNOW THEIR CHILDREN,
AND SO WHEN I'M APPROACHING THIS
ISSUE, AND I THINK WHEN THIS
WHEN THIS BILL PASSED, SEVERAL
YEARS AGO, THOSE THAT MAYBE SOME
OF THOSE THAT WERE STILL HERE,
REMEMBER WHAT MY REAL APPROACH
TO THIS WAS, WAS THAT, HEY, WE
NEED TO MAKE SURE THIS WORKS FOR
EVERYBODY, AND AT THAT TIME, I
DIDN'T FEEL LIKE IT REALLY DID.
IT DIDN'T RECOGNIZE THE NATURE,
THE UNIQUE NATURE OF FARM WORK,
AND THE JOB THAT WE DO AND, AND
I THINK, YOU KNOW, REALLY MAYBE
SOMETHING THAT I THINK NEEDS TO
BE CORRECTED IS, I THINK IN, IN
TODAY'S CALIFORNIA, THE, THE
RELATIONSHIP BETWEEN, YOU KNOW,
FARM OWNERS AND FARM WORKERS IS
NOT A CONTENTIOUS ONE. IT'S
ACTUALLY A VERY CONNECTED ONE.
IT'S A VERY SYNERGISTIC ONE.
AND, AND I THINK HAS BEEN FOR
QUITE SOME TIME, AND SO WHEN WE
LOOK AT THIS POLICY AND WHAT I'M
TRYING TO DO HERE IS, IS TO
HONESTLY ACTUALLY OPEN UP A
CONVERSATION I TALKED TO YOU
ABOUT. I TALKED TO YOU, MADAM
CHAIR, ABOUT THIS, YOU KNOW, A
COUPLE OF DAYS AGO THAT I WANT
TO OPEN UP A CONVERSATION
BECAUSE I DON'T THINK THAT THE
CURRENT LAW IS ACTUALLY WORKING,
YOU KNOW, FOR FARM OWNERS OR FOR
FARM WORKERS. AND I THINK THAT'S
SOMETHING WE HAVE TO CONSIDER IS
HOW DO WE MAYBE HOW DO WE COME
UP WITH A BETTER POLICY THAT
WILL ACCOMPLISH BOTH OF THOSE
THINGS? AND SO IN TALKING ABOUT
THIS, YOU KNOW, MY PROPOSAL IS A
SORT OF PAUSE, THIS KIND OF
MIDSTREAM. AND AS IT BUT IT'S
REALLY JUST LAYING DOWN A MARKER
OF SAYING, HEY, HOW CAN WE
COMPROMISE? HOW CAN WE FIND
SOMETHING THAT MIGHT WORK, SO I,
I SORT OF PAUSE THE OVERTIME
PHASE IN AT 50 HOURS OR. WELL,
ACTUALLY, I'VE JUST AMENDED IT
48 HOURS IN A WEEK, AND, NINE
HOURS IN A DAY. THAT OVERTIME
WOULD KICK IN, I'M NOT SAYING
THAT'S THE BEST POLICY. I'M
ACTUALLY NOT. I'M HERE TO SAY
THAT. HEY, I THINK WE NEED TO
FIND SOMETHING THAT WORKS
BETTER. AND IN IN IN DOING THAT,
I'M JUST KIND OF FINDING THAT
MIDDLE GROUND IN TERMS OF, OF
1066, YOU KNOW, BECAUSE 1066
PHASE IT IN TO 8 TO 40 AND
EIGHT, BUT IN TALKING ABOUT
THIS, JUST REALLY QUICKLY, I
WANT TO KIND OF FOCUS IN ON THE
DATA BECAUSE I THINK THE DATA IS
WHAT IS REALLY IMPORTANT HERE.
AND YOU KNOW, THERE WAS A RECENT
STUDY THAT CAME OUT OF UC
BERKELEY DONE BY DOCTOR
ALEXANDRA HILL THAT REALLY HAS
CONFIRMED THAT THIS IS A PROBLEM
FOR FARM WORKERS. AND IT IS
SHOWING THAT THERE'S BEEN A
SINCE THE POLICY HAS BEEN IN
PLACE. IT'S ACTUALLY DECREASED
WORKERS HOURS AND WAGES. AND THE
STUDY, ESTIMATES THAT
AGRICULTURAL WORKERS LOST A
TOTAL OF 15,000 TO 45,000 WORK
HOURS, AND THAT EQUATES TO SOME
REAL DOLLARS, SIX, 6 TO $9
MILLION IN WAGES, WITHIN THE
FIRST TWO YEARS OF THE
IMPLEMENTATION OF 1066, YOU
KNOW, THIS IS THIS IS REAL DATA
AND IT'S IN AND IT IT ADJUSTS
FOR INFLATION. IT TAKES INTO A
LOT OF ACCOUNT OF, IT USES THE
NATIONAL AGRICULTURAL WORKERS
SURVEY, WHEN IT WHEN IT'S
LOOKING AT THAT DATA, A
NATIONALLY AND REGIONALLY
REPRESENTATIVE SURVEY THAT
UNDERGOES SUBSTANTIAL
PREPARATION AND VALIDATION PRIOR
TO THAT RELEASE. SO IT'S A IT'S
A IT'S A PRETTY GOOD STUDY AND
GIVES US A PRETTY GOOD SNAPSHOT
OF WHERE WE ARE, AND I'LL
CERTAINLY SAY LOOK, FROM THE
FARM, FROM THE FARMERS
STANDPOINT, IT IS ALSO DIFFICULT
, TO MEET OVERTIME HOURS. WHAT I
THINK THE POLICY REALLY MISS IS
THAT, LOOK, WE HAVE OUR BUSIEST
TIMES DURING PLANNING AND
HARVEST. THERE ARE TWO PARTS OF
THE SEASON AND THAT'S WHEN, LIKE
YOU, YOU HAVE TO GET THE CROP IN
DURING PLANNING AND YOU HAVE TO
GET THE CROP OUT. IT REQUIRES A
VERY LONG HOURS, LONGER THAN
NORMAL, THAN WHAT'S THE NORM.
BUT IN THE OFF SEASONS, WE'RE
NOT REALLY WE MAY NOT EVEN BE
HITTING, YOU KNOW, THE 40 HOURS,
YOU KNOW, OF A OF A WORKWEEK.
RIGHT. AND SO LIKE, THAT'S WHY
THIS KIND OF IS DIFFERENT THAN
THE NORMAL, YOU KNOW, 8 TO 5,
YOU KNOW, WORKWEEK OF, OF MANY
OTHER INDUSTRIES. IT'S IT IS IN
FACT, DIFFERENT, BUT WHAT IS, I
THINK, FARMERS IN ADJUSTING TO.
OKAY WELL, I HAVE TO FIGURE OUT
HOW I'M GOING TO MEET THIS WITH
INCREASING COSTS. NOT NOT JUST
FOR LABOR, BUT INCREASING COSTS
FOR, YOU KNOW, ALL OF YOUR INPUT
COSTS. INFLATION HAS HIT FARMERS
VERY HARD AS WELL. AND THE FACT
THAT THEY CAN'T ACTUALLY ADJUST
FOR PRICE. SO UNLIKE SAY LIKE
FAST FOOD INDUSTRY, THEY CAN'T
JUST SAY, HEY, WE'RE GOING TO
CHARGE MORE FOR THE PRODUCT. IN
FACT, FARMERS ARE PRICE TAKERS.
AND WE'RE IN A TIME RIGHT NOW
WHERE THERE'S BEEN A ACTUALLY A
VERY SEVERE DOWNTURN OF
COMMODITY PRICES WORLDWIDE,
WHICH MEANS LESS MONEY COMING IN
SUBSTANTIALLY LESS REVENUE
COMING IN AT A TIME WHEN WE HAVE
ALL TIME COSTS. SO, LIKE, I
MEAN, FROM BOTH SIDES OF THIS
EQUATION, IT IS DIFFICULT, AND
NOW I KNOW THERE'S ALSO THE UC
MERCED STUDY THAT IS CITED IN
THE COMMITTEE ANALYSIS, AND, YOU
KNOW, THAT'S, I THINK, SOMETHING
TO LOOK AT, TOO. I THINK WHAT
BOTH STUDIES WOULD PROBABLY SAY
IS THAT WE NEED A LITTLE BIT
MORE TIME TO LOOK AT, AT DATA,
BUT THE ONE THING IS, YOU KNOW,
THE AMERICAN COMMUNITY SURVEY
DATA USED BY THE AMERICAN
COMMUNITY SURVEY DATA USED BY
MERCED DOES NOT ACCOUNT FOR THE
MINIMUM WAGE INCREASE, FOR ONE
WHICH HAS GONE SINCE THAT TIME,
FROM ABOUT $10 TO 16, NOW. AND
IT DOESN'T APPEAR TO ADJUST FOR
INFLATION. AND I THINK THAT'S
IMPORTANT WHEN WE'RE TALKING
ABOUT, YOU KNOW, APPLES TO
APPLES COMPARISON OF JUST THE
OVERTIME, ISSUE. IN LIGHT OF
THIS DATA, AB 3056 AIMS TO TRY
AND STRIKE THE BALANCE BY
MAINTAINING THE OVERTIME
REQUIREMENTS. YOU KNOW, THE
STRICTER THAN WHAT IT WAS
PREVIOUSLY, YOU KNOW, AT THE
NINE HOURS AND 48 HOURS IN A
WEEK, BUT ALSO PROVIDING SOME
FLEXIBILITY, YOU KNOW, TO
PREVENT THE REDUCTIONS IN HOURS
AND THE INCREASE COSTS IN WHAT
ARE REALLY PRETTY TOUGH TIMES
FOR CALIFORNIA FARMERS, YOU
KNOW, MY GOAL HERE, IS REALLY TO
TRY AND FIND THAT BALANCE. AND
SO I'M GOING TO OPEN UP THAT
CONVERSATION. THÀNH THE DATA
DOES SHOW THAT WE DO HAVE A
PROBLEM. WE'RE GOING TO HAVE TO
ADDRESS FOR IT. BECAUSE, YOU
KNOW, FARM WORKERS ARE I THINK
THE FACTS SHOW THEY ARE GETTING
LESS HOURS AND LESS MONEY. AND
ADD THAT TO THE FACT THAT WHAT
EVERY WORKER IS EXPERIENCING
RIGHT NOW, WHICH IS INCREASED,
INCREASED COST OF INFLATION,
WHICH IS EATING UP THOSE
PAYCHECKS, YOU KNOW, EVEN MORE
SO, WE PROBABLY CAN'T SOLVE THAT
INFLATION PROBLEM HERE TODAY.
RIGHT. BUT BUT I THINK CERTAINLY
WE CAN SAY, HEY, IS THERE IS
THERE SOME WAY TO BETTER ADDRESS
THE NEEDS OF, OF ALL ASPECTS OF
THE AGRICULTURAL INDUSTRY, AS WE
MOVE FORWARD? SO WITH THAT, I
WOULD, YOU KNOW, ASK FOR YOUR
VOTE AND YOUR SUPPORT ON THIS.
BUT I ALSO DO HAVE WITH ME TO
TESTIFY IN SUPPORT RANJEET.
DAVID, YOU KNOW, A FARMER IN THE
SACRAMENTO VALLEY, AND ALSO
KAREN STOUT WITH THE CALIFORNIA
STATE BEEKEEPERS ASSOCIATION. GO
AHEAD, TWO MINUTES EACH. THANK
YOU VERY MUCH. AGAIN. MY NAME IS
RANJEET DAVID. I'M A FARMER OUT
OF YUBA CITY, LIVE OAK AREA, AND
MADAM CHAIRMAN AND MEMBERS OF
THE COMMITTEE. THANK YOU FOR
HEARING ME. I SUPPORT AB 3056
FOR NOT JUST EMPLOYEES, BUT
EMPLOYEES. I'VE EMPLOYED
EMPLOYEES FOR 36 YEARS. WE'VE
GONE THROUGH A LOT OF CHANGES
OVER THAT TIME. PRICING INPUT
COSTS. BUT ONE OF THE BIGGEST
ONES IS OUR LABOR. I CANNOT
AFFORD I'M NOT A WHAT YOU CALL A
BIG SCALE GROWER. I CANNOT
AFFORD TO CONTINUE OVER TIME. SO
I HAVE TO HIRE ADDITIONAL LABOR
TO GET WORK DONE IN A PROPER
AMOUNT OF TIME. OUR WINDOW IS
VERY SHORT, ESPECIALLY DURING
HARVEST, WE CONTEND WITH FROST
RAINS, HEAT THAT AFFECTS US
DRAMATICALLY. WE ALSO, COMPETE
WITH WORLDWIDE PRODUCTS COMING
INTO OUR STATE. SO I BELIEVE THE
EMPLOYEES ARE THE BACKBONE OF
OUR INDUSTRY. I SUPPORT THEM
WHOLLY. BUT AGAIN, I NEED TO
ASSURE THEM THAT I CANNOT PAY
THEM ANY MUCH MORE THAT
OVERTIME, BECAUSE WE CAN'T
AFFORD IT. OUR PRICING, WE GET
PAID ONCE, THREE, FOUR TIMES A
YEAR. WE DON'T GET OUR MONEY AT
ONE TIME, AND IT'S VERY
DIFFICULT FOR US. SO I URGE YOU
TO PLEASE SUPPORT AB 3056 AND I
ECHO ASSEMBLYMAN GALLAGHER'S,
COMMENTS. THANK YOU. THANK YOU.
HELLO, CHAIR AND MEMBERS, KAREN
STOUT HERE ON BEHALF OF THE
CALIFORNIA STATE BEEKEEPERS
ASSOCIATION, I'D LIKE TO READ
SOME TESTIMONY FROM OUR
PRESIDENT, PHILIP RUSSELL.
PERMISSION READ. THANK YOU,
HELLO, CHAIR AND MEMBERS, MY
NAME IS PHILIP RUSSELL. I'M THE
PRESIDENT OF THE CALIFORNIA
STATE BEEKEEPERS ASSOCIATION. AS
A CALIFORNIAN AND A SMALL
BUSINESS OWNER, I BELIEVE THAT
AB 3056 IS A PROPER COMPROMISE
BETWEEN THE OLD LABOR LAWS AND
THE CURRENT ONES PROVIDED BY AB
1066. I APOLOGIZE FOR NOT BEING
ABLE TO TESTIFY IN PERSON TODAY,
BUT IN FACT I AM UNABLE TO
ATTEND BECAUSE I AM UNABLE TO
PAY FOR THE OVERTIME AND
ADDITIONAL HOURS THAT WOULD BE
REQUIRED FOR MY EMPLOYEE AND I
TO TESTIFY. I UNDERSTAND THAT WE
MAY NOT GET BACK TO THE TEN HOUR
DAYS AND 50 HOUR WORK WEEKS OF
OVERTIME, DESPITE THE FACT THAT
OUR COMPANY AND OUR EMPLOYEES
HAVE PREFERRED AND MUTUALLY
PROSPERED UNDER THOSE
REGULATIONS. HOWEVER, THE
CURRENT FORM IS HURTING BOTH THE
EMPLOYER AND THE EMPLOYEE. AS AN
EMPLOYER, I HAVE BEEN
INCREASINGLY UNABLE TO PROVIDE
MY WORKERS WITH THE HOURS THAT
THEY HAVE PREVIOUSLY WORKED,
WHICH HAS FORCED ME TO CUT HOURS
FOR MORE FOR MORE EXPERIENCED
BEEKEEPERS AND HIRE ON MORE
INEXPERIENCED BEEKEEPERS. THIS
RESULTS IN MORE BEE DEATHS
OVERALL AND LESS POLLINATORS FOR
THE CROPS AND PLANTS THAT FEED
OUR COUNTRY. IT HAS ALSO LED TO
WORKERS NEEDING TO LEAVE THEIR
FAMILIES AND DISRUPT THEIR LIVES
FOR LONGER PERIODS. AS OUR
BEEKEEPERS CAN NO LONGER ALLOW
OUR EMPLOYEES TO TAKE OVERTIME
TO DRIVE LONG DISTANCES BACK AND
FORTH TO MANAGE HIVES, AND THEY
ALSO MUST STAY OVERNIGHT OUT OF
THE STATE MORE REGULARLY. IN
ADDITION TO THOSE CONCERNS, MY
EXISTING WORKERS WHO RELIED ON
THE PREVIOUS SYSTEM ARE SEEING
LESS HOURS AND LOWER OVERALL
WAGES, CONSISTENT WITH THE UC
BERKELEY STUDY. AS A SMALL
BUSINESS OWNER, I CARE DEEPLY
ABOUT MY EMPLOYEES AND THEIR
WELL-BEING, AND THAT HAS BEEN
IMPACTED BY THESE NEW
REGULATIONS. AS ONE EXAMPLE, I
WANTED TO SHARE AN INTERACTION I
HAD WITH ONE OF MY SEASONAL
BEEKEEPERS WHO HELPS OUT EACH
YEAR WITH OUR CREAM PRODUCTION
AND MAINTAINING THE BEEHIVES AND
OPERATION EACH YEAR. AT THE
BEGINNING OF THE SEASON, HE
ASKED ME WHAT THE PAY WILL BE
THAT YEAR AND WHAT DUTIES THAT
INCLUDES THIS YEAR. HE ASKED IF
I COULD PAY HIM MORE BECAUSE FOR
THREE YEARS HE HAD NOT SEEN A
RAISE. IN RESPONSE, I HAD SHOWED
HIM THEN THOSE PAST THREE YEARS
OF EMPLOYMENT. HIS PAY HAD
INCREASED BY 150 AN HOUR EACH
YEAR. WHAT MY EMPLOYEE WAS
LOOKING AT WAS THE OVERALL
TOTAL, WHICH HAS REMAINED THE
SAME BECAUSE HE HAS NOT BEEN
ALLOWED TO WORK THE SAME OVERALL
HOURS. ALTHOUGH THIS IS JUST ONE
EXAMPLE, THE SAME ISSUE HOLDS
TRUE. WE ARE DRIVE OUT. THANK
YOU. DO WE HAVE ANY ADDITIONAL
WITNESSES IN SUPPORT? GOOD
AFTERNOON, MADAM CHAIR. MEMBERS
OF THE COMMITTEE, BRIAN LITTLE
FOR CALIFORNIA FARM BUREAU,
AGRICULTURAL COUNCIL OF
CALIFORNIA, ASSOCIATION OF
CALIFORNIA EGG FARMERS,
CALIFORNIA AGRICULTURAL AIRCRAFT
ASSOCIATION, CALIFORNIA
AVOCADOS, CALIFORNIA BEAN
SHIPPERS ASSOCIATION, CALIFORNIA
COTTON GROWERS AND GROWERS
ASSOCIATION, CALIFORNIA FRESH
FRUIT ASSOCIATION, AND
CALIFORNIA PEAR ASSOCIATION IN
SUPPORT. THANK YOU. GOOD
AFTERNOON, MR. CHAIR AND
MEMBERS. MR. CHAIR, MADAM CHAIR
MEMBERS, ASHLEY HOFFMAN, ON
BEHALF OF THE CALIFORNIA CHAMBER
OF COMMERCE, STRAWBERRY
COMMISSION, WHEAT GROWERS
ASSOCIATION, GROWER-SHIPPER
ASSOCIATION OF CENTRAL
CALIFORNIA AND SANTA BARBARA,
AND SAN LUIS OBISPO COUNTIES,
PACIFIC EGG AND POULTRY
ASSOCIATION, VENTURA COUNTY AG
ASSOCIATION, WESTERNER AG
PROCESSORS, WESTERN GROWTH
ASSOCIATION, AND THE WINE
INSTITUTE. LISA RODRIGUEZ, WITH
THE GROUP ON BEHALF OF
CALIFORNIA ASSOCIATION OF WINE
GRAPE GROWERS IN SUPPORT. THANK
YOU, THANK YOU. SEEING NO OTHER
WITNESSES IN SUPPORT, I BELIEVE
WE HAVE WITNESSES IN OPPOSITION
HERE. THANK YOU. HI. GOOD
AFTERNOON. MY NAME IS NANCY
OROPEZA, AND TODAY I'LL BE
TRANSLATING FOR, OUR MEMBER,
LOURDES CARDENAS. MY NAME IS
LUIS CARDENAS. MIEMBRO DE LA
UNION DE CAMPESINOS. IN
OPPOSITION. SOY CAMPESINA. TENGO
UN ANO TRABAJANDO EN DIFERENTES
FRUTAS DEPENDE DE LA TEMPORADA.
OTROS AMERICANOS HAN OBTENIDO
PAGOS DE DE HORAS. EXTRAS OCHO
ANOS ANTES QUÊ LOS CAMPESINOS IN
CALIFORNIA. LOURDES CARDENAS, ON
BEHALF OF THE UNITED FARM
WORKERS. IN OPPOSITION, I HAVE
BEEN A FARM WORKER FOR 21 YEARS,
WORKING IN DIFFERENT FRUITS
DEPENDING ON THE SEASONS OTHER
AMERICANS WON OVERTIME PAY 70
YEARS, 78 YEARS BEFORE FARM
WORKERS IN CALIFORNIA DID WILK
PROPUESTA PARA AUMENTAR EL
NUMERO DE HORAS POR DIA Ó
AUMENTAR EL NUMERO DE HORAS POR
SEMANAS PARA GANAR PAGO DE
HORAS. EXTRAS ELIMINARE EL
PROGRESO QUÊ HEMOS LOGRADO
REDUCIR LAS GANANCIAS ANUALES DE
LOS CAMPESINOS. ANY PROPOSAL TO
INCREASE THE NUMBER OF HOURS PER
DAY OR INCREASE THE NUMBER OF
HOURS PER WEEK TO EARN OVER
OVERTIME PAY, WILL WIPE OUT THE
PROGRESS WE HAVE MADE AND REDUCE
ANNUAL EARNINGS FOR FARM WORKERS
. EL PASADO LA UNIVERSIDAD DE
CALIFORNIA, MERCED. ENCONTRO C¯
DESPUÉS DEL IMPLEMENTACION
COMPLETA COMPLETA DE LA LEY DE
HORAS. EXTRAS PARA CAMPESINOS,
LOS CAMPESINOS DE CALIFORNIA C¯
TRABAJARON MAS DE CUARENTA HORAS
POR SEMANA TIENEN GANANCIAS
ANUALES PROMEDIO DE 30 MIL
CUATROCIENTOS POR ANO, MAS UN
TERCIO DE GANANCIAS MAS ALTAS C¯
EL PROMEDIO DEL DOS MIL DÍAS DE
23 MIL TRESCIENTOS 78 LAST MONTH
, UC MERCED FOUND THAT AFTER
FULL IMPLEMENTATION OF THE FARM
WORKER OVERTIME LAW IN
CALIFORNIA, FARM WORKERS WHO
WORK OVER 40 HOURS PER WEEK HAD
AN AVERAGE ANNUAL EARNINGS OF
$32,417 PER YEAR, MORE THAN ONE
THIRD HIGHER EARNINGS THAN THE
20 THAN THE YEAR OF 2018.
AVERAGE OF 23,000, BUT ALSO
PROGRESO ES MALO EMPUJAR HACIA
ATRAS, ESPERE Y BORRAR TODOS
NUESTROS TRABAJO INCLUYENDO EL
MIO GRACIAS POR SU
CONSIDERACION. STOPPING OUR
PROGRESS IS BAD. PUSHING US
BACKWARD IS WORSE AND WILL ERASE
ALL OF OUR WORK, INCLUDING MY
OWN. THANK YOU FOR YOUR
CONSIDERATION. THANK YOU. DO WE
HAVE ANYONE ELSE IN OPPOSITION?
JAZZY GREENWELL WITH UFCW IN
OPPOSITION. ELMER LOZADA, ON
BEHALF OF THE CALIFORNIA LABOR
FEDERATION, IN OPPOSITION, BETH
SPITLER ON BEHALF OF THE
CALIFORNIA FOOD AND FARMING
NETWORK, PESTICIDE ACTION
NETWORK, CENTRAL CALIFORNIA
ENVIRONMENTAL JUSTICE NETWORK,
CENTRO NACIONAL DE DESARROLLO
INDIGENA, JOAQUIN, CENTRAL COAST
ALLIANCE, UNITED FOR A
SUSTAINABLE ECONOMY,
CALIFORNIANS FOR PESTICIDE
REFORM, AND LATINO COALITION FOR
HEALTHY CALIFORNIA IN OPPOSITION
ON SHANE GUZMAN ON BEHALF OF THE
TEAMSTERS IN OPPOSITION. MY NAME
IS MARIA CASILLAS. SOY
CAMPESINOS TÔI IN OPPOSITION A
LA PROPUESTA. BUENAS TARDES. ME
NOMBRE ES ASUNCION ESPINOZA. SOY
CAMPESINO. NO APOYO. BUENAS
TARDES. ME NOMBRE ES MARTHA
MONTIEL. ESTOY IN OPPOSITION. DE
ESTO. THANK YOU. SEEING NO OTHER
OPPOSITION, I WILL TURN IT OVER
TO OUR MEMBERS FOR ANY QUESTIONS
OR COMMENTS. ASSEMBLYMEMBER
CARRILLO, THANK YOU, MADAM
CHAIR. UNAS POCAS PALABRAS EN
ESPANOL PARA TODOS LOS
CAMPESINOS C¯ NOS ESTAN
VISITANDO HOY EN IN SU CASA DE
DEL PUEBLO Y DEL PUBBLICO MUY
AGRADECIDO POR POR TODOS SU
TRABAJO E DEDICACION A LO C¯
HACEN MUCHAS GRACIAS POR ESTAR
AQUI, ASSEMBLY MEMBER, YOU AND
I, HAVE HAD THE OPPORTUNITY TO
CONNECT ON VARIOUS ISSUES
RELATED TO YOUR DISTRICT. VERY
DIFFERENT THAN THAN MY OWN. I DO
SHARE SOME OF THE CONCERNS
RELATED TO THE FUTURE OF WORK
AND FUTURE OF BUSINESS AS IT
RELATES TO THE STATE OF
CALIFORNIA. I THINK SOMETIMES I
WILL TELL YOU, BEING A MEMBER
FROM LOS ANGELES, I WOULD HOPE
THAT SOME OF THE ORGANIZATIONS
LIKE SOME OF THE AG OR, YOU
KNOW, BEEKEEPERS ASSOCIATION
WOULD ALSO WOULD ALSO TALK TO
US. YOU KNOW, I DON'T COME FROM
A BIG AG DISTRICT, SO SOMETIMES
I FEEL LIKE I REALLY DON'T KNOW
WHAT YOUR ISSUES ARE IN TERMS
OF, OF BUSINESS. RIGHT. AND HOW
HARD IT IS TO, TO DO BUSINESS IN
THE STATE OF CALIFORNIA. SO I
WOULD ENCOURAGE THAT
CONVERSATION, AND I LOOK FORWARD
TO HAVING IT, WE HAVE MADE A LOT
OF PROGRESS TO ENSURE THAT THERE
IS EQUITY AND SCALE WHEN IT
COMES TO SOME OF OUR, VARIOUS
DIFFERENT SECTORS OF WORK IN THE
STATE OF CALIFORNIA, FARMWORKERS
CONTINUE TO BE SOME OF THE
LOWEST PAID ARTISTS WORK, ACROSS
THE STATE. I'VE SEEN IMAGES, AND
I DON'T RECALL IF YOU RECALL,
DURING PANDEMIC, WE HAD
WILDFIRES OURS. WE HAD A GLOBAL
PANDEMIC. AND FARM WORKERS WHO
ARE HERE TODAY, WE'RE STILL AT
WORK, AND WE'RE STILL RISKING
THEIR LIVES, NOT ONLY AMID A
PANDEMIC, BUT ALSO THROUGH
RAGING WILDFIRES IN THE STATE OF
CALIFORNIA. THEIR WAGES DON'T
EQUATE FOR THE LEVEL OF WORK
THAT THEY DO AND THE SCALE OF
IMPACT THAT IT ALSO HAS ON THEIR
BODIES. SO I SHARE THAT IN THAT
UNFORTUNATELY, I WON'T BE
SUPPORTING YOUR BILL. I DO
BELIEVE THAT SOME OF THE
POLICIES THAT WE HAVE MOVED
FORWARD, THAT CREATE EQUITY
WITHIN THE WORKPLACE ARE NEEDED
AND NECESSARY. BUT I DO WANT TO
SAY THAT I, AS A MEMBER THAT
DOES NOT COME FROM AG COUNTIES
ACROSS THE STATE, WOULD REALLY
LIKE TO LEARN MORE AND KNOW MORE
ABOUT SOME OF THE CHALLENGES
THAT YOU FACE. THANK YOU. MAY I
RESPOND? NO. I HAVE ANOTHER
MEMBER WHO HAS A QUESTION
COMMENT. WELL THANK YOU. I DO
APPRECIATE AND UNDERSTAND THERE
ARE A LOT OF DIFFERENCES FROM
THE TRADITIONAL OFFICE WORK
SCHEDULE THAN THAN THE
AGRICULTURAL INDUSTRY AND FOR
FARMERS AND FARM WORKERS, EVEN
IN MY DISTRICT, I DO HAVE I
ACTUALLY DO HAVE SOME FARMERS,
SMALL SCALE FARMERS AND
RANCHERS. AND I DO APPRECIATE
THE DIFFERENCES. AND IT IS VERY
HARD FOR THOSE SMALL SCALE
OPERATIONS TO SCALE IN THIS
MODERN ECONOMY. I UNDERSTAND
THAT, BUT AT THE SAME TIME, WHEN
I SECOND MY COMMENTS FROM MY
COLLEAGUE FROM LOS ANGELES, IS
THAT WE ARE TRYING TO HAVE A
MORE EQUITABLE SOCIETY, AND THE
FACT THAT THERE ARE FARM WORKERS
OUT THERE EARNING BASICALLY
$30,000 AT BEST RIGHT NOW TO
SURVIVE IN A STATE LIKE
CALIFORNIA IS NOT ENOUGH, RIGHT?
AND IT'S A REAL STRUGGLE. AND
I'M SURE THAT IF YOU WERE IN A
BETTER POSITION, YOU'D WANT TO
GIVE THEM AS MUCH COMPENSATION
AS POSSIBLE BECAUSE THEY ARE THE
BACKBONE OF YOUR INDUSTRY.
REALLY, THEY ARE THE PEOPLE OUT
THERE PLANTING, HARVESTING AND
DOING ALL THAT GREAT WORK. SO I
STILL BELIEVE IN OUR VISION OF
MAKING SURE THAT OVER TIME AND
COMPENSATION IS FAIR AND
EQUITABLE FOR PEOPLE BECAUSE
THEY NEED TO SURVIVE IN THIS
VERY STATE. THAT'S WHY,
UNFORTUNATELY, I WON'T BE ABLE
TO BE SUPPORTED. THIS BILL
TODAY. BUT I DO ENCOURAGE, JUST
LIKE MY COLLEAGUE FROM LOS
ANGELES SAID, TO ENGAGE US MORE.
MY DISTRICT IS QUITE URBAN AND
SUBURBAN, THOUGH WE HAVE A GREAT
AGRICULTURAL HISTORY. IT USED TO
BE THE VALLEY OF HEART'S DELIGHT
BEFORE IT BECAME TECH SILICON
VALLEY, AND I DEFINITELY HAVE
MORE DIALOG WITH US I THINK IS
IMPORTANT TOO, BUT I WON'T BE
SUPPORTING THIS BILL TODAY.
THANKS THANK YOU, MADAM CHAIR. I
WANT TO THANK THE AUTHOR FOR
BRINGING THIS FORWARD. AND I
TOO, COME FROM A FAMILY OF AG.
YOU KNOW, WE FARM IN STANISLAUS
COUNTY, KERN COUNTY, AND ONE OF
THE BIGGER ISSUES THAT WE HAVE,
AND I APPRECIATE MY COLLEAGUES
LIKE RECOGNIZING, THAT YOU DO
COME FROM AN URBAN SETTING.
RIGHT. AND US IN THE RURAL
COMMUNITIES, WE JUST THINGS ARE
JUST DIFFERENT FOR US. AND THE
AUTHOR, BROUGHT UP A VERY GOOD
POINT THAT I THINK NEEDS TO BE
SAID. AG DOESN'T HAVE THE
ABILITY JUST TO RAISE RATES TO
COMPENSATE FOR MINIMUM WAGE OR
WHATEVER IT MAY BE, WE ARE
ABSOLUTELY BEHOLDEN TO AN
ECONOMY, ESPECIALLY ON, YOU
KNOW, WHETHER IT'S A COMMODITY
THAT DEPENDS ON EXPORT, YOU
KNOW, AND IF THOSE COMMODITIES
GO DOWN, WE'RE IN BIG TROUBLE.
AND, YOU KNOW, MY FAMILY'S IN AG
MANUFACTURING RIGHT NOW. AND
I'LL TELL YOU RIGHT NOW, IT IS
NOT PRETTY. IT IS NOT A PRETTY
PLACE TO BE IN IN THE STATE OF
CALIFORNIA, TRYING TO MAINTAIN A
WORKFORCE, TRYING TO FARM WITH
COMMODITY PRICES WHERE THEY'RE
AT. AND SO IT IS A HUGE
CHALLENGE FOR US TO DEAL WITH
SOME OF THIS. AND IT HAS NOTHING
TO DO. AND WE HAVE SEE TWO
GENERATIONS OF, OF WORKERS. I
MEAN, I GREW UP WITH MIGRANT
WORKERS IN THE FIELDS OF KERN
COUNTY, RIGHT. AND WE'VE GOT A
COUPLE GENERATIONS WORKING FOR
OUR FAMILY AND HAVE BEEN AND
IT'S NOT THAT WE DON'T WANT TO
PAY THEM AS MUCH AS WE POSSIBLY
CAN, BUT IF THE GROWERS, THE
FARMERS AREN'T SURVIVING, THEN
EVERYBODY'S OUT. AND I THINK
THAT'S THE BALANCE THAT THE
LEADER IS TRYING TO GET TO IS WE
HAVE TO FIND THIS BALANCE. AND
RIGHT NOW WE DON'T HAVE IT. AND
IT'S FARMERS ARE NOTHING WITHOUT
THEIR EMPLOYEES. PERIOD. END OF
STORY. RIGHT. CANNOT DO THEIR
JOBS. SO IT IS IN THEIR BEST
INTEREST TO COMPENSATE THEM AT A
RATE THAT KEEPS THEM AROUND,
MAKES THEM HAPPY, BRINGS THEM
BACK TO WORK. SO I APPRECIATE
YOU THE ACKNOWLEDGMENT, QUITE
FRANKLY, BECAUSE THE FIRST TIME
THAT I'VE HEARD IT, AND A LOT OF
TIMES, LIKE EVEN OUR ISSUES, WE
SAY IT ALL THE TIME, THEY'RE NOT
PARTIZAN, THEY'RE NOT THEY'RE
REGIONAL. RIGHT. AND I THINK THE
MORE THAT WE KIND OF SPEND TIME
EDUCATING ALL OF YOU ON SOME OF
THIS, I REALLY DO LOOK FORWARD
TO THAT. AND WE'LL TAKE YOU UP
ON THAT. AND YOU WERE GOING TO
MAKE A COMMENT, AND I WOULD LOVE
TO HEAR THAT COMMENT. THANK YOU.
THANK YOU, I APPRECIATE THAT.
AND I APPRECIATE BOTH OF YOU.
YOU KNOW, WE ARE VERY
UNDERSTANDING OF, YOU KNOW, THE
URBAN DISTRICTS. WE'RE HAVING A
SITE VISIT IN THE SUMMER. WE'D
LOVE TO HAVE YOU COME OUT AND
SEE OUR COMMERCIAL BEE YARDS AND
SEE OUR EMPLOYEES PERSPECTIVES.
THANK YOU. ACTUALLY, I'M GOING
TO SAY THE SAME FOR SOMEONE WHO
DOESN'T HAVE ANY KNOWLEDGE ON
AGRICULTURAL COMING OUT OF AN
URBAN AREA. I URGE YOU TO COME
UP OUR WAY AND ACTUALLY SEE WHAT
WE DO AND I WANT TO ECHO THE
COMMITTEE MEMBERS COMMENTS. WE
LOVE OUR EMPLOYEES. HE'S RIGHT.
THEY ARE THE BACKBONE OF OUR
INDUSTRY. AND THERE'S, YOU KNOW,
AGRICULTURE WOULDN'T BE ANYWHERE
WITHOUT THEM. BUT HE'S ALSO
RIGHT WHERE WE CANNOT WE DON'T
CONTROL OUR PRICING. IT'S THE
COMPETITION AMONG THE WORLD.
IT'S TODAY. I'LL GIVE YOU A
PRIME EXAMPLE. MY WALNUTS I GOT
A I GOT A CHECK IN THE MAIL. IT
WAS POINT $0.33 A POUND, ONE
THIRD OF A PENNY. HOW
EMBARRASSING IS THAT? ONE THIRD
OF A PENNY. THAT'S WHAT THEY
PAID US FOR. OUR PER POUND. NOW
YOU GO TO THE SUPERMARKET. IT'S
$8 A POUND. I DON'T KNOW HOW
THEY DO THE MATH, BUT THAT'S
WHERE IT'S AT. BUT I CAN ALSO
ASSURE YOU THAT I CANNOT AFFORD
TO CONTINUE ANY TYPE OF OVERTIME
FOR MY EMPLOYEES. IT'S BETTER
FOR ME TO HIRE ANOTHER PERSON TO
GET THE JOB DONE. IT'S JUST NOT
THERE. SO IN OTHER WORDS, THESE
EMPLOYEES ARE LOSING. THANK YOU.
YEAH. I JUST WANT TO SAY THE
ASSEMBLYWOMAN HAS BEEN UP INTO
THE SACRAMENTO VALLEY, AND I
APPRECIATE THE TIMES THAT SHE'S
COME TO VISIT, PARTICULARLY SHE
CAME UP TO PARADISE, YOU KNOW,
AND, AND SAW WHAT WE WERE GOING
THROUGH UP THERE. SO I, YOU
KNOW, REALLY, THAT'S WHAT THIS
IS ABOUT IS I WANT TO OPEN UP
THIS CONVERSATION AND IT IS A
TWO WAY STREET. RIGHT. AND I
THINK WHAT THE ASSEMBLYWOMAN WAS
SAYING IS, HEY, REACHING OUT TO
THEM, YOU KNOW, AS WELL, LIKE
REACHING OUT TO THEM, THEY'RE,
YOU KNOW, COMING TO, TO LEARN
ABOUT US AND WHAT'S GOING ON IN
AGRICULTURE. BUT I THINK THAT MY
CONCERN HERE IS WITH THE DATA IS
SHOWING THAT IT'S NOT GOOD FOR,
YOU KNOW, EITHER FARM WORKERS OR
FARMERS. RIGHT NOW, I THINK WE
CAN FIND A BETTER PATH FORWARD.
AND, YOU KNOW, MAYBE, MAYBE IT'S
LIKE A SELECT COMMITTEE, MAYBE
IT'S A GROUP WORKING TOGETHER, I
CERTAINLY REACHED OUT TO THE
UNITED FARM WORKERS, BECAUSE I
THINK MAYBE, MAYBE WITH SOME
STAKEHOLDERS COMING TOGETHER, WE
COULD FIND A BETTER PATH
FORWARD. AND IT IS AN ISSUE, YOU
KNOW, TO, MISTER DAVID'S POINT,
THIS IS A FRUSTRATION. I THINK
COMMON IN CALIFORNIA FARMERS IS
LIKE, HEY, WE'RE MEETING ALL
THESE STANDARDS. WE'RE WE'RE TOP
OF THE, YOU KNOW, TOP IN THE
WORLD IN TERMS OF HEALTH AND
SAFETY AND, AND WORKER SAFETY
AND ALL THESE THINGS. AND WE
MEET ALL THESE STANDARDS, AND
YET WE'LL IMPORT STUFF FROM
CHILE OR, YOU KNOW, OTHER PARTS
OF THE WORLD THAT DON'T DO ANY
OF THOSE THINGS. RIGHT. AND WE
GET UNDERCUT AND IT'S
FRUSTRATING, YOU KNOW. AND SO IS
THERE A WAY TO MAYBE, YOU KNOW,
TRY AND ADDRESS SOME OF THOSE,
THOSE ISSUES THAT WILL BE GOOD
FOR BOTH WORKERS AND FOR, YOU
KNOW, FARMERS IN THE LONG TERME,
BUT THE SITUATION RIGHT NOW IS
IT'S, IT'S NOT GOOD. AND, AND I
THINK THE DATA SHOWS THAT WE'VE
GOT TO DO SOMETHING AND GET
CREATIVE. LET'S, LET'S FIND A
CREATIVE WAY TO ADDRESS THIS.
BUT WE CAN'T IGNORE IT. AND SO
THAT'S, THAT'S REALLY WHY I
WANTED TO KIND OF BRING THIS
FORWARD TODAY. YEAH YOU COULD
TAKE THAT AS MY CLOTHES, IF YOU
LIKE. YEAH YOU CAN TAKE THAT AS
MY CLOTHES, MADAM CHAIR, IF YOU
LIKE. I'LL KEEP IT BRIEF.
OBVIOUSLY, MY COLLEAGUES HAVE
MADE A GREAT POINT, THEY'RE FROM
URBAN AREAS. MY COLLEAGUE NØ.
BOTH OF YOU BOTH, WE HAVE A LOT
OF FARMER FRIENDS. RANCHER
FRIENDS WHO HAVE COME TO US, AND
THEY CARE ABOUT THEIR WORKERS.
THEY'RE BASICALLY FAMILY. THEY
COME GENERATIONAL, BUT I HAVE
CONSTITUENTS COMING TO ME WHO
ARE THE WORKERS WHO ARE SAYING
THEY'RE NO LONGER GETTING THE
PAY THEY USED TO GET, BECAUSE
BILLS THAT WE'VE PASSED APPEAR
THAT WE THINK ARE GOING TO HELP
THEM, ARE NOT HELPING THEM.
ANOTHER THING WE NEED TO THINK
ABOUT IS A LOT OF THESE FARMS
CAN GO AUTOMATED, BUT IT'S
CHEAPER FOR THEM TO NOT GO THAT
ROUTE TO WHERE NOW IT'S GETTING
TO THE POINT TO WHERE THEY'RE
GOING TO BE AUTOMATED, AND THEN
WE'RE GOING TO GET PEOPLE OUT OF
JOBS, IS WHAT I FEAR, SO
OBVIOUSLY IT'S A FINE BALANCE. I
THINK IT'S A GREAT IDEA THAT,
YES, A LOT OF OUR, AS EVERYONE
KNOWS, IN THE ASSEMBLY, MAJORITY
OF THE VOTES COME FROM LOS
ANGELES AND FROM BAY AREA AND
MAYBE WE DO NEED TO EDUCATE THEM
MORE AND BRING THEM MORE TO THE
AG AREA AND LET THEM KNOW, HEY,
THIS IS WHAT WE'RE NEEDING YOUR
HELP WITH. AND SEE THAT IT'S A
DIFFERENT WORLD. WE WORK IN
SEASONS. YOU KNOW, WE DON'T WORK
8 TO 5 AND I'M SORRY I MISSED
MOST OF YOUR PRESENTATION. I
MIGHT BE COVERING SOMETHING YOU
ALREADY SAID, BUT, OBVIOUSLY I,
I, I HAVE A GOOD GRASP ON THIS
FROM MY AREA, SO, THANK YOU FOR
BEING HERE FOR THIS. AND THANK
YOU GUYS AS WELL. AND I WILL
OBVIOUSLY BE SUPPORTING THIS.
THANK YOU, MADAM CHAIR. AND YEAH
, I WOULD RESPECTFULLY REQUEST
AN AYE VOTE. SO THANK YOU. YOU
KNOW, YOU AND I DID TALK BRIEFLY
, AND, YOU KNOW, I APPRECIATE
YOUR PERSPECTIVE, YOU KNOW, I
COME FROM A RURAL COMMUNITY.
HOWEVER, I DO COME FROM A FAMILY
OF FARM WORKERS, IN FACT, MY
AUNT AND UNCLE WORKED FOR MANY
YEARS IN MARYSVILLE. PICKING
PEACHES AND WALNUTS AND EVERY
SUMMER WE WOULD COME, SO I HAVE
A DIFFERENT PERSPECTIVE OF OVER
TIME AND WHEN IT COMES TO DATA,
YOU MENTIONED DATA SEVERAL TIMES
. YOU KNOW, IT'S HARD FOR ME TO
THINK ABOUT THROUGH THIS BECAUSE
FOR OVER 78 YEARS, FARM WORKERS
DID NOT HAVE ACCESS TO OVERTIME.
SO NOW TO SAY WE HAVE TWO YEARS,
MAYBE THREE YEARS WORTH OF DATA
AND SAY, THAT'S APPLES TO APPLES
. I JUST, YOU KNOW, I
RESPECTFULLY DISAGREE. I THINK
IF WE WANT DATA AND WE WANT TO
COMPARE IT, I MEAN, I'M NOT
ASKING FOR ANOTHER 78 YEARS, BUT
I DO WANT TO PUT THAT INTO
CONTEXT THAT FOR 78 YEARS, FARM
WORKERS DID NOT HAVE ACCESS TO
OVERTIME. AND TO SAY THAT IN TWO
YEARS IS NOT WORKING. IT'S JUST
NOT AN EQUAL COMPARISON, WHICH
IS WHY I CANNOT SUPPORT YOUR
BILL TODAY, AND WE DID HAVE A
MOTION AND A SECOND, SECRETARY,
CAN YOU PLEASE CALL THE ROLL?
THE MOTION IS DUE. PASS TO
APPROPRIATIONS. ORTEGA I MEAN,
NO, SORRY. NO. NO LARA Ã.
FLORA. AYE. ALANIS. AYE. ALANIS.
AYE. WENDY CARILLO. WENDY.
CARILLO. NO. LEE LEE. NO. WARD.
WARD. NO. SABRA THAT MEASURE
FAILS. THAT MEASURE FAILS. I'LL
TAKE THAT, NO. THE. NO. YEAH.
NO. YOU CAN'T. I'LL TAKE THAT AS
AS AN AYE TO CONTINUING THE TO
CONTINUING THE CONVERSATION.
RIGHT. AND I AND I DO APPRECIATE
WHAT WE WERE ABLE TO DISCUSS.
AND LIKE I SAID, WE'LL, I'LL
CERTAINLY BE TALKING MORE ABOUT
THIS WITH FOLKS AND THANK YOU.
THE OPPORTUNITY. THANK YOU,
MADAM CHAIR. DID YOU ASK FOR
RECONSIDERATION? YEAH. ARE THERE
. DO YOU WANT TO RECONSIDERATION
YOU GOOD, YES. RESPECTFULLY
SEEING NO OBJECTIONS.
RECONSIDERATION IS GRANTED.
OKAY, ASSEMBLY MEMBER SHIAVO,
WOULD YOU LIKE TO COME UP? ITEM
NUMBER 12 AB 3106. WHENEVER
YOU'RE READY. THANK YOU, MADAM
CHAIR. AND MEMBERS, I AM HONORED
TO PRESENT AB 3106 TODAY BECAUSE
TEACHERS AND EDUCATORS SHOULD
NOT BE PUNISHED FOR BEING SICK.
BUT UNFORTUNATELY, THAT'S
EXACTLY WHAT HAPPENED. SOMETIMES
AB 3106 IS A STRAIGHTFORWARD
SOLUTION THAT SIMPLY ALIGNS
SCHOOL COVID POLICIES WITH THE
CALIFORNIA DEPARTMENT OF PUBLIC
HEALTH GUIDELINES WITHOUT
PUNISHING TEACHERS, FOR
RECOVERING FROM AN ILLNESS. AB
3106 ALLOWS SICK LEAVE TO STAY
CURRENT WITH THE MOST UP TO DATE
GUIDANCE DEVELOPED BY CDPH AS OF
JANUARY 9TH, 2024, THE
CALIFORNIA DEPARTMENT OF PUBLIC
HEALTH GUIDELINES STATE THAT
COVID POSITIVE WORKERS SHOULD
STAY HOME UNTIL ANY FEVER HAS
ABATED AND SYMPTOMS ARE MILD.
SYMPTOMS ARE MILD AND IMPROVING,
AND SO TODAY WE HAVE, MITCH
STEGER, OUR BILL CO-SPONSOR FROM
CALIFORNIA FEDERATION OF
TEACHERS, HERE TO TESTIFY AND
SPEAK ON THIS MEASURE. THANK
YOU, MADAM CHAIR. MEMBERS MITCH
STEIGER WITH CFT PROUD TO
SPONSOR THIS BILL, THE FACT
REMAINS THAT COVID IS STILL A
VERY SERIOUS ISSUE. AS MUCH AS
WE MAY WISH WE'VE MOVED ON BY
NOW, IT STILL KILLS ROUGHLY 119
CALIFORNIANS EVERY WEEK. AND 1
IN 10 OF US WHO HAVE HAD COVID
NOW HAVE LONG COVID, WHICH MEANS
EITHER LONG LASTING OR
POTENTIALLY LIFELONG STRUGGLES
WITH REMEMBERING THINGS, WITH
BREATHING PROBLEMS, WITH THE
DRASTICALLY INCREASED RISK OF
HEART ATTACK OR STROKE. SO IT'S
A VERY SERIOUS ISSUE, AND IT'S
ESPECIALLY SERIOUS IN SCHOOLS.
AS THE EXCELLENT ANALYSIS POINTS
OUT, MOST OF THE CASES, THERE'S
EVIDENCE THAT INDICATES MOST OF
THE CASES ORIGINATE WITH
CHILDREN. THERE'S ALSO EVIDENCE
THAT SCHOOLS ARE THE SINGLE
LARGEST SOURCES OF OUTBREAKS.
BUT THE REALITY IS THAT THE
CURRENT LAWS AND PROTECTIONS
DON'T ALIGN WITH THAT. AND WE'RE
IN A SITUATION RIGHT NOW WHERE
WHEN A TEACHER FEELS LIKE THEY
MAY HAVE COVID, THEY'RE IN A
VERY DIFFICULT POSITION WHERE
THEY CAN EITHER TAKE A TEST,
FIND OUT THAT THEY HAVE COVID,
TELL THEIR EMPLOYER AND THEN GET
SENT HOME, OR THEY CAN HOPE THAT
IT'S NOT COVID, ROLL THE DICE
AND GO TO WORK. BECAUSE WHAT
HAPPENED WAS WHEN WE HAD
EXCLUSION PAY AND SUPPLEMENTAL
PAID SICK LEAVE IN LAW, WE THEN
LET THEM EXPIRE. BUT WE KEPT THE
EXCLUSION PART. SO WHEN AN
EMPLOYER FINDS OUT THAT A WORKER
HAS COVID, THEY'RE REQUIRED BY
LAW TO SEND THEM HOME, WHICH
PUTS WORKERS IN THIS IMPOSSIBLE
PLACE. AND SO WHAT WE'RE DOING
IS JUST BRINGING BACK A VERY
SCALED DOWN VERSION OF WHAT USED
TO BE IN LAW, WHERE WORKERS GOT
EXCLUSION PAY FOR THE ENTIRE
TIME THAT THEY WERE OUT WHEN
THEY WERE TESTING POSITIVE. ALL
THIS BILL DOES IS MIRROR WHAT'S
IN THE CURRENT CDPH GUIDANCE,
WHERE THEY GET THAT PAY AS LONG
AS THEY'RE UNTIL THEIR FEVER HAS
ABATED AND THEIR SYMPTOMS ARE
MILD AND IMPROVING. WE ARE NOT
AWARE OF ANY EVIDENCE THAT
EMPLOYERS SUFFERED ANY KIND OF
UNDUE HARM, THAT THE ECONOMY
SUFFERED ANY KIND OF UNDUE HARM
WHEN THAT WAS THE CASE. IN FACT,
WE THINK CLEARLY IT PREVENTED
COUNTLESS INFECTIONS AND
OUTBREAKS, AND IT JUST AS LIKELY
SAVED EMPLOYERS MONEY WHEN IT
WAS THE CASE AND TO THE POINT
RAISED BY OPPOSITION THAT, THERE
WAS AN ISSUE WITH IF THERE, IF
THERE'S A CONFLICT BETWEEN
PUTTING SOMETHING SPECIFIC IN
STATUTE AND THEN THE EVER
CHANGING NATURE OF THE VIRUS, WE
WOULD JUST SAY THAT WHILE THE
VIRUS HAS CHANGED, WHAT'S IN
THIS BILL HASN'T. FEVER IS STILL
A VERY COMMON SYMPTOM, AND THE
ONLY OTHER SPECIFIC IN THE BILL
IS THAT IT REFERS TO SYMPTOMS.
SO AS SYMPTOMS MAY CHANGE, THE
BILL CAN ADAPT TO THAT. AND FOR
THOSE REASONS, WE URGE YOUR
SUPPORT. THANK YOU. THANK YOU,
MADAM CHAIR, SETH BRAMBLE,
SPEAKING ON BEHALF OF 300,000
PLUS EDUCATORS IN THE STATE, THE
MEMBERS OF THE CALIFORNIA
TEACHERS ASSOCIATION, CTA DOES
BELIEVE THAT COMMUNICABLE
DISEASES PRESENT VERY SERIOUS
HEALTH RISKS FOR STUDENTS AND
SCHOOL PERSONNEL. I WOULD JUST
SAY IN CLASSROOM SETTINGS,
CHILDREN AND TEACHERS, IF YOU'VE
WORKED WITH KIDS IN CLOSE
CONTACT, YOU KNOW, WHEN
INFECTIONS AND VIRUSES ARE
INTRODUCED, THEY SPREAD REALLY
QUICKLY THROUGHOUT THE CLASS AND
THROUGHOUT THE SCHOOL COMMUNITY.
SO WE URGE YOUR SUPPORT. THANK
YOU. DO WE HAVE ANY ADDITIONAL
WITNESSES IN SUPPORT? THANK YOU.
GOOD AFTERNOON. MEMBERS MADAM
CHAIR, MEMBERS, MARIE LOPEZ WITH
THE CALIFORNIA NURSES
ASSOCIATION IN SUPPORT. MADAM
CHAIR AND MEMBERS, MICHELLE
TURAN, WOOLFORK WITH THE
CALIFORNIA COMMISSION ON THE
STATUS OF WOMEN AND GIRLS. AND
STRONG SUPPORT. THANK YOU TO THE
AUTHOR. SHANE GUSMAN, ON BEHALF
OF THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION AND
SUPPORT. DANIEL PEARL, ON BEHALF
OF THE AMERICAN FEDERATION OF
STATE COUNTY MUNICIPAL EMPLOYEES
IN STRONG SUPPORT. ELMER LAZARD
ON BEHALF OF THE CALIFORNIA
LABOR FEDERATION IN SUPPORT.
SEEING NO OTHER WITNESSES, IS
THERE ANY WITNESSES IN
OPPOSITION?
HELLO. THANK YOU. I SCREWED UP
HERE. YEAH. DO YOU WANT TO MOVE
OVER THE MICROPHONE? CAN YOU.
YOU CAN JUST PUSH IT OVER. THANK
YOU. ISABELLA ARGUETA WITH THE
HEALTH OFFICERS ASSOCIATION OF
CALIFORNIA. WE HAVE AN OPPOSED,
UNLESS AMENDED POSITION ON THE
BILL, SO WE TOTALLY APPRECIATE
THE AUTHOR'S INTENT BEHIND THIS
BILL. WE ABSOLUTELY WANT TO
SUPPORT SCHOOL EMPLOYEES AND
THEIR ABILITY TO STAY HOME WHEN
SICK, KNOWING THAT THEIR JOB IS
PROTECTED AND THAT THEY'RE
PREVENTING THE SPREAD OF ILLNESS
IN THE WORKPLACE. THAT'S VERY
IMPORTANT, JUST IN THE SPIRIT OF
BEST PROTECTING SCHOOL EMPLOYEES
, WE DO HAVE SOME CONCERNS
AROUND SETTING SPECIFIC EMPLOYEE
EXCLUSION CRITERIA IN STATUTE.
SO IT COULD BE NOW THAT, YOU
KNOW, EMPLOYEES SHOULD ONLY
RETURN TO WORK 24 HOURS AFTER
THE FALL OF A FEVER, BUT THAT
COULD CHANGE, RIGHT, WHAT WE SAW
DURING THE PANDEMIC WAS THAT THE
CONDITIONS CHANGED AND SCIENCE
DEVELOPED RAPIDLY AND GUIDANCE
NEEDED TO REFLECT THAT. SO WE
WOULD JUST OPPOSE PUTTING ANY
SPECIFIC CRITERIA IN STATUTE,
KNOWING THAT WE CAN EITHER PUT
CRITERIA IN STATUTE OR FOLLOW
THE LATEST GUIDANCE, THE LATEST
SCIENCE, EXCUSE ME, AND GUIDANCE
SHOULD THE LEGISLATURE WISH TO
REQUIRE SCHOOL EMPLOYEES TO
FOLLOW SPECIFIED GUIDANCE, WE
WOULD JUST ASK THAT EB 3106
DEFER TO CDPH GUIDANCE WITHOUT
SETTING SPECIFIC CRITERIA IN
STATUTE. THANK YOU. DO WE HAVE
ADDITIONAL WITNESSES IN
OPPOSITION? MADAM CHAIR AND
MEMBERS, BETSY ARMSTRONG, ON
BEHALF OF THE COUNTY HEALTH
EXECUTIVES ASSOCIATION, ALSO
REGRETFULLY IN OPPOSE, UNLESS
AMENDED, I'LL ALIGN MY COMMENTS
WITH MY COLLEAGUE FROM THE
HEALTH OFFICERS ASSOCIATION.
THANK AND APPRECIATE WORKING
WITH THE AUTHOR'S OFFICE AND
HOPE OUR CONCERNS CAN BE
ADDRESSED. THANK YOU. THANK YOU,
SEEING NO OTHER WITNESSES IN
OPPOSITION, ANY QUESTIONS OR
COMMENTS FROM THE MEMBERS?
SEEING NONE. WE HAD A MOTION AND
A SECOND SECRETARY PLEASE CALL.
OH, ACTUALLY. SORRY. WOULD YOU
LIKE TO CLOSE? RESPECTFULLY ASK
FOR AN AYE VOTE? THANK YOU,
SECRETARY, PLEASE CALL THE ROLE.
MOTION IS DUE. PASS TO
APPROPRIATIONS. ORTEGA. ORTEGA.
AYE. FLORA. ALANIS ALANIS. AYE.
WENDY. CARILLO. WENDY. CARILLO
AYE. LEE. LI. AYE. WARD. WARD
EYES. DEBORAH THAT MEASURE IS
OUT. THANK YOU, THANK YOU. YEAH,
IT'S ALL GOOD. WE WILL MOVE TO
OUR CONSENT CALENDAR. WE NEED A
MOTION AND A SECOND. SECOND
SECRETARY, PLEASE CALL THE ROLL
ON. THE CONSENT CALENDAR. THE
MOTION IS DUE. PASS CONSENT TO
APPROPRIATIONS COMMITTEE ON THE
FOLLOWING BILLS. AB 20 408, AB
29, 61, AB 3258 AND AB 2299.
ORTEGA I ORTEGA I FLORA ALANIS I
ALANIS. AYE WENDY CARILLO WENDY
CARILLO I LI. WARD WARD I ZUBIR
HI ZABIR I LI I LI. FLORA. ON
THE CONSENT FLORA I. OKAY.
ASSEMBLY MEMBER LEE, WE WILL GO
TO ITEM NUMBER 16 AB 2444. ALL
RIGHT. THANK YOU, MADAM CHAIR
AND COLLEAGUES. I'M PRESENTING
AB 2444. THIS BILL WILL ENSURE
THAT BASIC LABOR LAW INFORMATION
IS PROVIDED TO LICENSED
MANICURISTS BECAUSE THE INDUSTRY
WILL BE SUBJECT TO THE AB FIVE
EMPLOYER EMPLOYEE DETERMINATION
PROCESS STARTING JANUARY FIRST,
2025. WHEN AB FIVE BECAME LAW IN
2019, MANICURISTS WERE EXEMPTED
TEMPORARILY UNTIL JANUARY 2022.
THE SUNSET DATE WAS LATER MOVED
TO 2025. WITH THIS CHANGE COMING
TO NAIL SALONS, THE BILL SEEKS
TO PROVIDE INFORMATION TO
MANICURISTS AND NAIL SALON
BUSINESS OWNERS. THE
NOTIFICATION WILL BE SENT BY THE
DEPARTMENT OF INDUSTRIAL
RELATIONS, SO THE CONTENT WILL
BE CORRECT GOING FORWARD.
MANICURISTS WOULD BE PROVIDED
INFORMATION THROUGH THE BOARD OF
BARBERING AND COSMETOLOGY AS
PART OF THEIR LICENSE AND
RENEWAL PROCESS. THIS IS A
COMMON SENSE NOTICE BILL, SO
THAT PEOPLE WORKING IN NAIL
SALONS KNOW THAT LAWS AROUND THE
INDUSTRY ARE CHANGING WITH ME
TODAY AND SUPPORT OUR CATHERINE
PORTER, A SENIOR POLICY
CONSULTANT WITH THE CALIFORNIA
HEALTHY NAIL SALON
COLLABORATIVE, AND JOANNE NGUYEN
, MANICURIST. Þ AND AN
INTERPRETER FOR JOANNE AS WELL.
SO, YES, PUT THE MIC CLOSER, PUT
THE MIC CLOSER TO ME. YEAH. LÀ.
JOANNE NGUYEN NGUYEN, LAMB NAIL,
LOS ANGELES. NO. LOUDER LOUDER.
COMENZÓ. NHÀ. JOANNE Tê NAIL,
LOS ANGELES. HELLO, EVERYONE. MY
NAME IS JOANNE NGUYEN. I AM A
NAIL SALON WORKER IN LOS
ANGELES. YEAH I AM Tê LAM NAITO.
HUESO ALEJO'S C SÐNG MATO
DJOKOVIC. TANGO DOI. I HAVE BEEN
A MANICURIST FOR OVER EIGHT
YEARS. I BELIEVE I AM GOOD AT MY
WORK BECAUSE I TRULY ENJOY AND
APPRECIATE THE CRAFTSMANSHIP AND
CARE I PUT INTO IT, WHICH HELPS
ME RETAIN MY CUSTOMERS. TO MY
GOD. VÀ KANSEN. I HAD TO. I AM
FORTUNATE TO HAVE A FLEXIBLE JOB
THAT ALLOWS ME TO BALANCE MY
WORK AND PERSONAL LIFE. SO THAT
I CAN BE A CURRENT SO I CAN BE A
MOTHER TO MY TWO SONS, MAKOTO
AND YANG. YOU CHOSE TO BE CALLED
NEW YANG BAOFENG CI BY BAYLOR
UNIVERSITY. EVEN THOUGH I'M A
W-2 WORKER, I KNOW THAT MANY
WORKERS ARE MISCLASSIFIED AND
TAKEN ADVANTAGE OF BECAUSE THEY
LACK AN UNDERSTANDING OF THEIR
RIGHTS. Kò. D¯ÚI GOT THE WORKERS
CALLING VÌ. HUM. MONNING I'M A
MOM WITH ME. BY ME BY HER OWN
HOME. BECAUSE COME ON, I COME LÀ
VÌ HØI. YOUNG LADY, WHEN I PHONE
BANKED WITH THE, CALIFORNIA
HEALTHY NAIL SALON COLLABORATIVE
MEMBERS, WE CALLED OVER 1500
MANICURISTS ABOUT PAID SICK
LEAVE. 77% OF THEM DID NOT HAVE
PAID SICK LEAVE. WERE NOT SURE
IF IT WAS OFFERED AT THEIR JOBS
OR SIMPLY DID NOT KNOW WHAT IT
WAS, AND ASKED WHAT IS PAID SICK
LEAVE? YOU GET TO THE TIP TOP LÀ
MONNING KING, HONG KONG CATHAY.
SINGAPORE MY NEW TIPS OF HIGHWAY
TO FLY MY HÌ KHÎI. LA DAME DE HÌ
KHÎI. DAME MA DE. NOW, NOW, NOW
NOW GÒM VÀ. TANG ALTHOUGH NAIL
TECHNICIANS WANT TO CONTINUE
DOING NAILS, THERE ARE STILL
BARRIERS THAT PREVENT THEM FROM
HAVING A COMFORTABLE WORKPLACE
AND CAREER, SUCH AS EXPOSURE TO
HARMFUL CHEMICALS AND A LACK OF
BENEFITS. AIR FILTERING MACHINES
ARE NEEDED IN ALL SALONS TO
FILTER OUT ANY HARMFUL FUMES IN
THE SALONS TO PREVENT MIGRAINES,
NAUSEA AND ALLERGIES FOR
MANICURES AND CUSTOMERS. THIS
IS. OH, SORRY. DILLONLIAM FULLER
MÀ DE LA MOM. WHAT ARE YOU YING
YANG FULLER? NHIÀU. WANG YANG
EKOLU LA BOHEME. DE, CAN YOU
BEGIN TO WRAP UP. THIS IS WHY I
WANT EVERYONE TO HAVE BENEFITS
THAT NAIL SALON WORKERS CAN RELY
ON, LIKE THOSE AVAILABLE IN
OTHER PROFESSIONS, LIKE SICK
DAYS AND PAID VACATION DAYS, AND
ALSO HEALTH INSURANCE, YOU KNOW,
AB, 2444 L®NG GÒM HIÂU JOSEPH HÌ
SECOND. VELOCLOUD NAVIGATING
LOOKING RUNWAY. TO RUNWAY, YOU
LOOK NICE. COMING I SUPPORT AB
2444 SO THAT WORKERS AND OWNERS
ALIKE WILL HAVE THE LANGUAGE
RESOURCES NEEDED TO RECEIVE
TRAINING ON UP TO DATE LABOR
LAWS, IMPROVING WORKING
CONDITIONS FOR ALL IN THE NAIL
INDUSTRY. I HOPE THAT THE
COMMITTEE WILL SUPPORT THIS
BILL. THANK YOU. GOOD AFTERNOON,
CHAIRWOMAN ORTEGA AND COMMITTEE
MEMBERS. I'M CATHERINE PORTER,
SENIOR POLICY CONSULTANT FOR THE
CALIFORNIA HEALTHY NAIL SALON
COLLABORATIVE. OUR ORGANIZATION
WORKS TO IMPROVE THE HEALTH,
SAFETY AND RIGHTS FOR THE
PREDOMINANTLY VIETNAMESE
IMMIGRANT WOMEN WORKFORCE IN
NAIL SALONS. WE AND ASIAN
AMERICANS ADVANCING JUSTICE
SOUTHERN CALIFORNIA ARE
CO-SPONSORS OF AB 2444. THE GOAL
OF THE GOAL OF AB 2444 IS TO
ENSURE THAT BEAUTY AND BARBER
WORKERS, OWNERS AND BUSINESS
OWNERS RECEIVE INFORMATION ON
BASIC LABOR LAW AND THEREBY KNOW
AND UNDERSTAND THEIR RIGHTS AND
OBLIGATIONS UNDER THOSE LAWS.
BUSINESS OWNERS AND MANICURISTS
LICENSE BY THE BBC DESERVE TO BE
INFORMED ABOUT THE CHANGE IN LAW
IN JANUARY 2025. THAT WILL
RESULT IN THE ABC TEST FOR
EMPLOYEE CLASSIFICATION BECOMING
APPLICABLE TO MANICURISTS, AND
WHY DO WE THINK AB 2044 IS
NECESSARY? AMONG OTHER THINGS,
NAIL SALON WORKERS ARE PAID
SIGNIFICANTLY LOWER THAN MINIMUM
WAGE IN CALIFORNIA, FOCUS GROUPS
HAVE FOUND THERE IS GREAT
CONFUSION AMONG NAIL SALON
WORKERS AND OWNERS WHEN IT COMES
TO PROPER CLASSIFICATION OF
EMPLOYEES, AND THIS CONFUSION IS
LIKELY PRESENT AMONG OTHER
LICENSEES. THE ECONOMIC POLICY
INSTITUTE HAS IDENTIFIED
HAIRDRESSERS AS ANOTHER WORKER
GROUP THAT IS OFTEN
MISCLASSIFIED AS INDEPENDENT
CONTRACTORS AS, AS A CRITICAL
LABOR LAW ISSUE. WE THINK THAT
THE DEPARTMENT OF INDUSTRIAL
RELATIONS IS THE AGENCY BEST
SUITED TO DEVELOP LANGUAGE ON
BASIC LABOR LAW AND NOTIFY
BUSINESS OWNERS AND MANICURISTS
OF THE CHANGE IN LAW REGARDING
EMPLOYEE STATUS. THE DIU HAS A
STAKE IN ENSURING LABOR LAW
COMPLIANCE AND PREVENTING LABOR
LAW NONCOMPLIANCE IS AN EVEN
BETTER AND LESS EXPENSIVE ROUTE
TO WORKPLACE FAIRNESS THAN AN
AFTER THE FACT ENFORCEMENT
EFFORT. AB 2444 REPRESENTS A
MODEST AND REASONABLE ATTEMPT TO
ENSURE THAT SALON AND BARBER
OWNERS AND WORKERS GET THE
INFORMATION THEY NEED TO PROVIDE
AND ENJOY FAIR AND JUST
WORKPLACES. THANK YOU FOR THESE
REASONS, WE URGE A YES VOTE ON
AB 2444. THANK YOU, THANK YOU.
DO WE HAVE ADDITIONAL WITNESSES
IN SUPPORT? JUST NAME AND
AFFILIATION AND SUPPORT. HELLO,
MY NAME IS LANGLEY. I WORK FOR
ASIAN AMERICANS ADVANCING
JUSTICE, SOUTHERN CALIFORNIA. WE
ARE A PROUD CO-SPONSOR OF AND
ARE HERE TO SUPPORT AB 2444. I'M
ALSO HERE TO PROVIDE A ME Tð ON
BEHALF OF THE CALIFORNIA
IMMIGRANT POLICY CENTER. HELLO,
EVERYBODY. MY NAME OF Tê FARM, I
WORK NAIL SALON WORKER. I
SUPPORT, AB 2444. THANK YOU SO
MUCH. DANIEL JEFFERSON, PILIPINO
WORKER CENTER AND STRONG SUPPORT
. HELLO. GOOD AFTERNOON. HAVE
YOU EVERYBODY, MY NAME, I HAVE A
WORKER NAIL SALON AND RIGHT NOW
I NEED, I HELP SUPPORT, 24 AB
2444, THANK YOU. I THANK YOU SO
MUCH, I APPRECIATE IT. THANK
YOU. MY NAME. T'DO. DOULAB AND I
THAI HIP HOP MAN. ALL. I TOLD
YOU, LOOK, I BE Tê POW POW POW.
THANK YOU SO MUCH. HER NAME IS
TÊ DODD. SHE IS A NIELSEN WORKER
AND SHE SUPPORTS AB 2444. GOOD
AFTERNOON EVERYONE. MY NAME IN
MAIN HALL. I SUPPORT FOR AB 20
444. THANK YOU SO MUCH EVERYONE.
YES SYDNEY FANG ON BEHALF OF
ASIAN AMERICANS AND PACIFIC
ISLANDERS FOR CIVIC EMPOWERMENT,
AAPI FORCE IN SUPPORT OF THIS
BILL. ALSO A DAUGHTER OF A NAIL
SALON WORKER. HI EVERYONE. MY
NAME IS KELLY NGUYEN AND I'M A
MANICURIST HERE IN SACRAMENTO,
AND I'M IN SUPPORT OF AB 2444.
THANK YOU. THANK YOU. ANY
WITNESSES IN OPPOSITION? YOU
HAVE TWO MINUTES, MADAM CHAIR.
MEMBERS. FRED JONES, ON BEHALF
OF THE PROFESSIONAL BEAUTY
FEDERATION OF CALIFORNIA, WHICH
I'VE PROUDLY REPRESENTED FOR 24
YEARS IN THOSE 24 YEARS, I'VE
NEVER MET OR OR, SEEN A NAIL
SALON THAT IS NOT INDEPENDENT,
CONTRACTOR BASED, THE SAME
PERCENTAGE HOLDS WITH OUR HAIR
AND SKIN SALONS AS WELL. THIS IS
PRIMARILY AN INDEPENDENT
CONTRACTOR INDUSTRY, AND SINCE
AB FIVE PASSAGE, THE MANICURING
INDUSTRY HAS ENJOYED AN
EXEMPTION FROM THE ABC TEST. SO
STARTING THIS JANUARY, THEY WILL
NOT HAVE THAT EXEMPTION. IT WILL
BE A MASSIVE HIT TO THIS SECTOR
OF OUR INDUSTRY RIGHT NOW. HAIR
AND SKIN SALONS HAVE THE
EXEMPTION INDEFINITELY. ONLY
MANICURING HAS THIS SUNSET, SO
WE RESPECTFULLY REQUEST OUR
STATE POLICYMAKERS EXTEND THE
SUNSET AT LEAST ONE MORE YEAR
AND DO THE EDUCATION THAT THIS
BILL CALLS FOR. THIS BILL WILL
NOT TAKE EFFECT UNTIL JANUARY
1ST. DER AND THE STATE BOARD
WON'T START COMMUNICATING THIS
INFORMATION UNTIL AFTER JANUARY
1ST. BUT ANY PLAINTIFF'S
ATTORNEY CAN GO AFTER ANY NAIL
SALON STARTING JANUARY FIRST.
AND BELIEVE ME, THEY WILL. IT
WILL HAVE A DEVASTATING IMPACT
ON THIS SECTOR. SO WE HUMBLY
REQUEST EXTEND THE SUNSET AT
LEAST ONE YEAR WHILE THEY RAMP
UP THIS EDUCATION AND OUTREACH
EFFORT. THANK YOU. ANY OTHER
WITNESSES IN OPPOSITION? SEEING
NONE, I WILL MOVE IT TO THE
MEMBERS. DO YOU HAVE ANY
QUESTIONS OR COMMENTS? SEEING
NONE, DO WE HAVE A MOTION AND A
SECOND? SECRETARY, PLEASE CALL
THE ROLL. I VOTE CLOSE. THE
MOTION IS DUE. PASS TO
APPROPRIATE. ORTEGA I ORTEGA I
FLORA. FLORA. NO ALANIS. ALANIS.
NO. WENDY. CARILLO WENDY.
CARILLO I LEE I LEE I WARD.
WARD. EYES. DEBORAH. ZABIR I.
THAT MEASURE IS OUT. THANK YOU,
THANK YOU I SEE ASSEMBLY MEMBER
PETRIE-NORRIS AB 3186. WHENEVER
YOU'RE READY. THANK YOU, MADAM
CHAIR. AND MEMBERS, I'M HERE TO
PRESENT AB 3186, A GOOD
GOVERNMENT BILL TO MAKE SURE
THAT PRIVATE CORPORATIONS
DEVELOPING TAXPAYER FUNDED
PROJECTS ARE IN COMPLIANCE WITH
EXISTING PUBLIC CONTRACTING AND
LABOR LAWS. AS YOU ALL KNOW, THE
CALIFORNIA PUBLIC RECORDS ACT IS
A FUNDAMENTAL PILLAR OF GOOD,
TRANSPARENT AND ACCOUNTABLE
GOVERNMENT. A KEY PRINCIPLE OF
THE CPRA IS THAT GOVERNMENT
RECORDS SHALL BE DISCLOSED UPON
REQUEST, UNLESS THERE IS AN
EXPRESS LEGAL REASON TO DENY
ACCESS. UNDER CURRENT LAW, WHEN
A PUBLIC AGENCY UNDERTAKES A
PUBLIC WORKS PROJECT, THEY MUST
PROVIDE ACCESS TO DOCUMENTS
ASSOCIATED WITH THAT PROJECT,
INCLUDING PAYROLL RECORDS AND
BID DOCUMENTS. IT'S COMMON FOR
THE DIVISION OF LABOR STANDARDS
ENFORCEMENT OR JOINT LABOR
MANAGEMENT COMMITTEES TO REQUEST
ACCESS TO THOSE RECORDS TO
ENSURE THAT THEY ARE COMPLIANT
WITH STATE LAW. HOWEVER, SINCE
THEY ARE GENERALLY EXEMPT FROM
THE CPRA, PRIVATE ENTITIES DO
NOT CURRENTLY HAVE TO PROVIDE
SUCH RELEVANT DOCUMENTS EVEN
WHEN THEY ARE USING PUBLIC
FUNDS. PRIVATE ENTITIES THUS
OPERATE IN A GRAY SPACE,
AFFORDING BAD ACTORS THE ABILITY
TO SKIRT ACCOUNTABILITY. AB 3186
WOULD CLOSE THIS LOOPHOLE AND
ALLOW THE DIVISION OF LABOR
STANDARDS ENFORCEMENT
MULTI-EMPLOYER TAFT-HARTLEY
TRUST FUNDS, AND JOINT LABOR
MANAGEMENT COMMITTEES TO REQUEST
A LIMITED SCOPE OF DOCUMENTS
FROM A CORPORATION OR LLC THAT
IS UTILIZING PUBLIC FUNDS ON A
DEVELOPMENT PROJECT. WE HAVE
WORKED WITH THE OPPOSITION ON A
SET OF AMENDMENTS THAT WILL GO
INTO PRINT AND BE ADOPTED IN THE
NEXT COMMITTEE IN ORDER TO
NARROW THE SCOPE OF THE BILL
SIGNIFICANTLY AND ENSURE THAT
THE BILL ONLY APPLIES TO OWNERS
AND DEVELOPERS, NOT TO
CONTRACTORS OR SUBCONTRACTORS.
BY GRANTING THIS AUTHORITY, WE
CAN ENSURE THAT TAXPAYER DOLLARS
ARE SPENT IN A MANNER CONSISTENT
WITH OUR STRONG PUBLIC CONTRACT
AND LABOR CODES, AND THAT
REQUIRED PREVAILING WAGE
REQUIREMENTS ARE BEING MET AND
ENFORCED. I AM PLEASED TO
INTRODUCE TWO WITNESSES TODAY.
MIKE GREENLEE FROM THE
INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES DISTRICT
COUNCIL, 16, AND RICK EDWARDS,
THE DEPUTY DIRECTOR OF WORK
PRESERVATION FUND INCORPORATED.
THANK YOU VERY MUCH. FIRST
WITNESS, TWO MINUTES APIECE,
PLEASE. GOOD AFTERNOON, CHAIR
AND MEMBERS OF THE COMMITTEE. MY
NAME IS MICHAEL GREENLEE. I'M
THE POLITICAL COMMUNICATION
DIRECTOR FOR PAINTERS AND ALLIED
TRADES DISTRICT COUNCIL. 16.
I'VE ALSO BEEN IN THE TRADES FOR
OVER 30 YEARS AND WORKED ON
NUMEROUS PROJECTS AT THIS BILL
HOPES TO ADDRESS. THE PAINTERS
ARE A CO-SPONSOR OF ASSEMBLY
BILL 3186, AND I BELIEVE THAT
THIS BILL IS GREATLY NEEDED TO
PROVIDE SOME OVERSIGHT TO
CONSTRUCTION PROJECTS THAT ARE
BEING DEVELOPED BY PRIVATE
ENTITIES THAT UTILIZE PUBLIC
FUNDS. WHEN THE CALIFORNIA
PUBLIC RECORDS ACT WAS
IMPLEMENTED IN 1968, IT WAS TO
PROMOTE TRANSPARENCY AND
ACCOUNTABILITY. THIS HAS WORKED
WELL TO HOLD PUBLIC AGENCIES
ACCOUNTABLE, BUT IT DOES NOTHING
TO ENSURE THAT CONSTRUCTION
WORKERS EMPLOYED ON PROJECTS
BEING BUILT BY PRIVATE COMPANIES
AND CORPORATIONS USING PUBLIC
FUNDS ARE PROTECTED FROM WAGE
THEFT, MISCLASSIFICATION AND
VIOLATIONS OF STATE LABOR CODES.
BECAUSE THERE IS CURRENTLY NO
AVENUE TO REQUEST DOCUMENTATION
THROUGH THE PUBLIC REQUEST ACT,
IF PRIVATE ENTITIES UTILIZE
PUBLIC THE PEOPLE'S FUNDS TO
DEVELOP PROJECTS, THEN IT IS THE
PEOPLE'S BUSINESS TO ENSURE THAT
THOSE FUNDS ARE BEING UTILIZED
IN A CORRECT MANNER AND THAT
WORKERS ARE NOT BEING HURT IN
THE PROCESS. ASSEMBLY BILL 3186
WAS IDENTIFIED BY THE ANALYSIS
AS A SUBSTANTIALLY SIMILAR TO A
PREVIOUSLY BILL, BUT THIS BILL
ALLOWS ONLY THE DIVISION OF
LABOR STANDARDS ENFORCEMENT OF
THE DEPARTMENT OF INDUSTRIAL
RELATIONS, MULTI-EMPLOYER
TAFT-HARTLEY TRUST FUNDS, AND
JOINT LABOR MANAGEMENT
COMMITTEES ESTABLISHED UNDER THE
FEDERAL LABOR MANAGEMENT
COOPERATION ACT OF 1978. THE
ABILITY TO REQUEST AN EXTREMELY
LIMITED SCOPE OF DOCUMENTS
RELATING ONLY TO THE PROJECT
BEING DEVELOPED UTILIZING PUBLIC
FUNDS IN ORDER TO ENSURE WORKERS
ARE PROTECTED. I APPRECIATE YOUR
TIME AND I ASK YOU FOR THE
SUPPORT ON AB 3186. THANK YOU.
NEXT WITNESS PLEASE. TWO
MINUTES. GOOD AFTERNOON, MADAM
CHAIR, AND MEMBERS OF THE
COMMITTEE. MY NAME IS RICK
EDWARDS. I'M THE DEPUTY DIRECTOR
OF THE WORK PRESERVATION FUND.
WE ARE A LABOR MANAGEMENT
COOPERATIVE COMMITTEE AND A
PUBLIC WORKS COMMITTEE. ALLIANCE
ORGANIZATION FOR THE DISTRICT
COUNCIL. 16 MILLIONS OF
CALIFORNIA TAX DOLLARS GO
TOWARDS PUBLIC WORKS
CONSTRUCTION. GOVERNMENT
AGENCIES LIKE CITIES, COUNTIES,
SCHOOL DISTRICTS AND EVEN LEGACY
AGENCIES LIKE CALTRANS ARE
REQUIRED TO SUBMIT PUBLIC
RECORDS THROUGH THE CALIFORNIA
PUBLIC RECORDS ACT. THE REASON
WE FEEL AB 3186 IS SO IMPORTANT.
IT WILL REQUIRE PRIVATE
AGENCIES, DEVELOPERS LIMITED
LIABILITY, CORPORATIONS, LIMITED
PARTNERSHIPS WHO UTILIZE AND
BENEFIT FROM THESE SAME TAX
DOLLARS FOR CONSTRUCTION THÀNH
TO BE HELD ACCOUNTABLE TO THE
SAME STANDARDS AS OUR GOVERNMENT
AGENCIES. CREATING A LEVEL
PLAYING FIELD. IN MY YEARS AS A
PUBLIC WORKS INVESTIGATOR, I
HAVE WITNESSED ON SEVERAL
OCCASIONS ENTITIES WORKING ON
THESE PROJECTS MANAGED BY
PRIVATE DEVELOPMENT AGENCIES WHO
VIOLATE PUBLIC WORKS LAWS
THROUGH OUR COMMITMENT TO THE
DIR, WE BRING THIS INFORMATION
TO THEIR ATTENTION. IN MANY
CASES, THE DIR, MORE
SPECIFICALLY AS A STAKEHOLDER TO
THE DEPARTMENT OF LABOR
STANDARDS ENFORCEMENT AT THE DLS
, MAY NOT HAVE RECOGNIZED THE
VIOLATIONS WITHOUT OUR SUPPORT.
HAVING ACCESS TO THE PROJECT
INFORMATION IS CRUCIAL TO THIS
EFFORT. I APPRECIATE YOUR TIME
AND ASK YOU FOR YOUR SUPPORT ON
AB 3186. DO WE HAVE ADDITIONAL
WITNESSES IN SUPPORT? GOOD
AFTERNOON, MADAM CHAIR, AND
MEMBERS. EDDIE BERNACCHI, ON
BEHALF OF THE NORTHERN
CALIFORNIA ALLIED TRADES, WHO
REPRESENT UNION, PAINTING AND
GLAZING CONTRACTORS THROUGHOUT
THE STATE, WE WORKED WITH THE
AUTHOR AND HER STAFF AND THE
SPONSORS TO, TO ADDRESS OUR
CONCERNS AND THE AFOREMENTIONED
AMENDMENTS THAT ARE COMING SOON.
AND FOR THAT REASON, WE'RE IN
SUPPORT OF THE MEASURE AND URGE
YOUR AYE VOTE. THANK YOU. GOOD
EVENING, MADAM CHAIR, AND
MEMBERS. MIKE WEST, ON BEHALF OF
THE STATE BUILDING TRADES, PROUD
CO-SPONSOR OF THIS MEASURE.
THANK YOU. GOOD EVENING.
MEMBERS. MATT CREMEANS,
CALIFORNIA NEVADA CONFERENCE OF
OPERATING ENGINEERS AND SUPPORT
ELMER LAZARD ON BEHALF OF
CALIFORNIA LABOR FEDERATION AND
SUPPORT BOB GIROUX ON BEHALF OF
JAMES WILLIAMS JR, THE PRESIDENT
GENERAL PRESIDENT OF THE
INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES, AND ON BEHALF
OF DISTRICT COUNCIL 36, THE
SOUTHERN CALIFORNIA COPART TO
DISTRICT COUNCIL 16. IN STRONG
SUPPORT. DO WE HAVE ANY
WITNESSES IN OPPOSITION?
GOOD AFTERNOON AGAIN, MARK
STIVERS WITH THE CALIFORNIA
HOUSING PARTNERSHIP. AND, AGAIN,
WE WORK WITH THE NONPROFIT
DEVELOPERS OF AFFORDABLE HOUSING
. SO JUST TO CLARIFY THE
AMENDMENTS THAT I THINK THE
AUTHOR MENTIONED WEREN'T WITH US
AND PROBABLY DON'T RESOLVE OUR
CONCERNS, BUT UNDERSTOOD. AND I,
WE CAN PROBABLY SUBSTITUTE THE
CONVERSATION THAT WE HAD ON THE
QUIRK-SILVA BILL. BUT FOR THE
AUTHOR'S BENEFIT, I WILL JUST
SUMMARIZE VERY BRIEFLY THAT, YOU
KNOW, WE SHARE YOUR CONCERN WITH
ENSURING THAT PREVAILING WAGE
REQUIREMENTS ARE ENFORCED, AND
WE WERE HAPPY TO WORK WITH YOU
ON ENFORCEMENT MEASURES AND
ACCORDING AS WE UNDERSTAND IT,
OUR DEVELOPERS NOW SUBMIT TO THE
DEPARTMENT OF INDUSTRIAL
RELATIONS ALL THE PAYROLL
RECORDS TO ENSURE THAT THE
CORRECT WAGES ARE BEING PAID AND
THAT THAT INFORMATION IS
AVAILABLE TO THE MEMBERS OF THE
PUBLIC UNDER THE PUBLIC RECORDS
ACT. IT IS NOT CLEAR TO US SORT
OF HOW THE DOCUMENTS IN THIS
BILL RELATE TO COMPLIANCE WITH,
PREVAILING WAGE REQUIREMENTS,
GETTING THIS BID SOLICITATION,
GETTING THE ACTUAL BIDS THAT
CAME IN, INCLUDING THE ONES WE
DID NOT, SELECT AND GETTING THE
CONTRACT DOESN'T SEEM QUITE
RELEVANT TO THE ACTUAL
ENFORCEMENT. AND SO THERE'S A
LARGE DOCUMENT, THERE'S A LARGE
WORKLOAD ASSOCIATED WITH
COMPILING ALL THOSE DOCUMENTS,
REDACTING THEM. SO YOU HAVE TO
HAVE STAFF AND AN ATTORNEY.
THAT'S A LOT OF EXPERIENCE, A
LOT OF EXPENSE FOR SMALL
NONPROFIT DEVELOPERS. AND WE'RE
JUST NOT CLEAR WHAT THE PUBLIC
BENEFIT IS BECAUSE IT DOESN'T.
THOSE DOCUMENTS DON'T SEEM TO
RELATE TO PREVAILING WAGE
COMPLIANCE. THANK YOU. THANK
YOU. GOOD AFTERNOON AGAIN, MADAM
CHAIR AND MEMBERS, GRACIELA
CASTILLO, ON BEHALF OF THE
CALIFORNIA HOUSING CONSORTIUM,
JUST WANTED TO ECHO WHAT MY
COLLEAGUE IS SAYING. AT THE END
OF THE DAY, THE DEVELOPERS WHO
ACTUALLY RECEIVE PUBLIC FUNDS,
THEIR RESPONSIBILITY IS TO
ENSURE THAT ALL OF THE
DOCUMENTATION, IN ORDER FOR
THEIR GRANT LOANS AND FUNDING TO
BE IN COMPLIANCE WITH THE STATE
REQUIREMENTS. THEY ARE PART OF
THAT IS PROVIDING PROOF THAT
THEY ARE ACTUALLY IN COMPLIANCE
WITH LABOR LAWS, INCLUDING
PAYROLL RECORDS. ALL OF THAT
ONCE THAT INFORMATION IS
SUBMITTED TO THE PUBLIC ENTITY,
ANYBODY FROM THE PUBLIC CAN
ACTUALLY ASK FOR THAT
DOCUMENTATION AND THAT IS
SUPPOSED TO BE PART OF THE WHAT
IS PROVIDED THROUGH THE PRA
REQUEST, BACK TO WHAT MARK IS
SAYING AT THAT POINT, THAT
ENTITY IS THEN IN CHARGE OF
ENSURING THAT THEY ARE BALANCING
TRANSPARENCY WITH PRIVACY. AND
SO WE'D LOVE TO CONTINUE TO WORK
WITH YOU AND YOUR OFFICE AND
YOUR SPONSORS TO FIGURE OUT IF
THERE ARE ADDITIONAL ENFORCEMENT
MECHANISMS THAT ARE NECESSARY TO
ENSURE THAT TRANSPARENCY AND
ADDITIONAL, ENFORCE PAYMENT IS
NEEDED. WE ARE HAPPY TO BE AT
THE TABLE AND FIGURE THAT OUT.
THANK YOU. THANKS ARE THE OTHER
WITNESSES IN OPPOSITION? GOOD
AFTERNOON. CATHERINE CHARLES, ON
BEHALF OF HOUSING CALIFORNIA AND
RESPECTFUL OPPOSITION, SEEING NO
OTHER WITNESSES IN OPPOSITION, I
WILL TURN IT OVER TO THE MEMBERS
FOR QUESTIONS. THANK YOU, MADAM
CHAIR, THANK YOU. SOME
PETRIE-NORRIS FOR, BRINGING THIS
BILL FORWARD. CERTAINLY. I'M
GOING TO ALIGN COMMENTS THAT I
MADE EARLIER ON A VERY
SUBSTANTIALLY SIMILAR BILL WITH
BY MISS QUIRK-SILVA, THAT, YOU
KNOW, FOR ME, IT'S I'M TRYING TO
THINK THROUGH THE ISSUES THAT
YOU'RE TRYING TO SOLVE, THE
BENEFIT YOU'RE TRYING TO
ACHIEVE. TRANSPARENCY AND
INFORMATION AND OUR PUBLIC, IN
CONTRACTS THAT ARE GOING OUT,
THAT DO INVOLVE, YOU KNOW, A
PUBLIC BENEFIT. IT'S IMPORTANT
THAT WE UNDERSTAND HOW THAT IS,
THAT, THAT THERE IS
ACCOUNTABILITY, AND, AND THERE
WAS SOME DISCUSSION EARLIER ON
THAT BILL, TOO, THAT, YOU KNOW,
MAYBE WE NEEDED ADDITIONAL WAYS
FOR THAT, TO BE, ACHIEVED,
WHETHER THAT'S THROUGH THE
PUBLIC RECORDS ACT,
OPPORTUNITIES, TO, TO MORE FULLY
UNDERSTAND HOW OUR BENEFITS ARE
BEING DEPLOYED AND WHETHER
RIGHTEOUS DECISIONS ARE ARRIVED
AT. I WOULD ENCOURAGE YOU AS
WELL, TO CONTINUE TO ALSO WORK
WITH MISS QUIRK-SILVA. THIS
HAPPENS ALL THE TIME WHERE WE
SOMETIMES DO IN PARALLEL, THINK
ABOUT BILLS, BUT I AM CONCERNED
AS WELL. RESPECTFULLY, FOR SOME
OF THE SUPPORTERS THAT ARE
CO-SPONSORING BOTH BILLS, THERE
CLEARLY WAS AN UNDERSTANDING
HERE THAT WE'RE DOING TWO THINGS
SIMULTANEOUSLY. SO LET'S TRY TO
NOT DO THAT IN THE LEGISLATURE,
WE WANT TO MAKE SURE THAT WE'RE
BEING THOUGHTFUL WITH AND,
EFFICIENT WITH, WITH, WITH OUR
TIME AND OUR PROCEEDINGS HERE,
BUT I MAINTAIN I'M HAPPY TO, AS
I DID BEFORE WITH, WITH THE
PREVIOUS BILL, OFFER A COURTESY
VOTE IN FAVOR OF TODAY, STRONGLY
ENCOURAGE YOU TO WORK WITH THE
OPPOSITION'S POINTS HERE,
BECAUSE I THINK THAT WHAT WE
DON'T WANT TO DO IS CREATE ANY
KIND OF REDUNDANCIES, ADDITIONAL
ADMINISTRATIVE BARRIERS, OR
OTHER CONDITIONS ON AN ALREADY
VERY CHALLENGED ECOSYSTEM OF
AFFORDABLE HOUSING DEVELOPMENT
THAT AREN'T PRODUCING SOME KIND
OF TANGIBLE BENEFIT THAT WE ARE
TRYING TO ACHIEVE THERE. SO
BALANCE ALL OF THAT. I'LL, WATCH
CLOSELY HOW THIS BILL MOVES
FORWARD. THANK YOU. THANKS.
YEAH, THANK YOU FOR THOSE
COMMENTS. AND I WOULD FIRST SAY
YES, WE'LL CERTAINLY, WORK WITH
ASSEMBLY MEMBER QUIRK-SILVA TO
ENSURE THAT WE'RE NOT NOT NOT
PUTTING FORTH DUPLICATIVE,
LEGISLATIVE PROPOSALS AS THIS
MAKES ITS WAY THROUGH THE
PROCESS, AND CERTAINLY
APPRECIATE THE, THE POINTS AND
THE CONCERNS THAT YOU'VE RAISED,
AS YOU KNOW, TRANSPARENCY AND
ACCOUNTABILITY IS ONE OF THE
THINGS THAT IS MOST IMPORTANT TO
ME IN THE WORK THAT WE DO. AND
IT'S SO CRITICAL TO ENSURE THAT,
PROJECTS THAT ARE SUPPORTED WITH
PUBLIC DOLLARS ARE, ARE
DELIVERING ON THE BENEFITS AND
DELIVERING ON THE OBJECTIVES
THAT WE SET FOR THOSE PROJECTS,
EQUALLY, WE CERTAINLY DO NOT
WANT TO CREATE WE WANT TO GET
THAT INFORMATION AS EFFICIENTLY
AS POSSIBLE. WE DON'T WANT TO
CREATE PROCESS FOR THE SAKE OF
PROCESS OR UNNECESSARY BURDEN.
SO WE'LL CERTAINLY CONTINUE TO
WORK WITH THE OPPOSITION TO
THREAD THAT NEEDLE AND ENSURE
THAT WE'RE HOLDING FOLKS
ACCOUNTABLE AND DELIVERING FOR
CALIFORNIANS WITH WITHOUT AN
UNDUE ADMINISTRATIVE BURDEN.
THANK YOU. YEAH, I JUST WANT TO
ALIGN MY COMMENTS WITH ASSEMBLY
MEMBER WARDS, YOU KNOW, I CARE A
LOT ABOUT HOUSING AND WANT TO
MAKE SURE THAT WE ARE ABLE TO DO
THAT, ESPECIALLY AFFORDABLE
HOUSING. BUT I ALSO KNOW THAT
YOU DO AS WELL. AND I KNOW IT'S
YOUR STYLE TO SORT OF, TO WORK
AND TRY TO ACHIEVE CONSENSUS. SO
I LIKE THE BILL, THOUGH, AND
WE'LL BE VOTING FOR IT. THANK
YOU. IF I SEE NO OTHER COMMENTS,
CAN I GET A MOTION A SECOND MOVE
SECOND? WOULD YOU LIKE TO CLOSE?
THANK YOU FOR THE COMMENTS AND
THE INPUT. AND AS I SAID, LOOK
FORWARD TO CONTINUING OUR
CONVERSATION AND ENSURE THAT WE
CAN ACCOMPLISH THE GOALS OF THIS
BILL, IN THE MOST EFFICIENT AND
EFFECTIVE WAY. WITH THAT,
RESPECTFULLY ASK FOR YOUR I VOTE
SECRETARY. PLEASE CALL THE ROLL.
THE MOTION IS DO PASS TO
APPROPRIATIONS. ORTEGA A, ORTEGA
I. FLORA. FLORA. NOT VOTING
ALANIS. ALANIS. NOT VOTING.
WENDY. CARILLO. WENDY CARILLO I
LI LEE I WARD. WARD I ZABIR.
ZABIR I AZAM. THAT MEASURE IS
OUT. THANK YOU, THANK YOU, MADAM
CHAIR AND COMMITTEE MEMBERS, WE
WILL NOW GO TO ITEM 19. MY BILL.
THANKS FOR BEING THERE. PLEASURE
MEETING YOU. YEAH, YEAH. OKAY.
IT IS HERE. IT'S A PLEASURE
MEETING YOU. THANK YOU. THANKS.
FOR. THANK YOU, MADAM CHAIR. I
MEAN VICE CHAIR. THANK YOU FOR
THE OPPORTUNITY TO PRESENT AB
2068 TODAY. AB 2068 WOULD
REQUIRE CALIFORNIA STATE
AGENCIES AND DEPARTMENTS. THE
CONTRACTOR, PUBLIC AND CUSTOMER
CALL CENTERS OUT OF STATE TO
PROVIDE A FULL LIST OF THESE
CONTRACTS AND DEVELOP A PLAN TO
RETURN THESE JOBS TO CALIFORNIA.
IN RECENT YEARS, THERE HAS BEEN
AN INDICATION THAT THESE
CALIFORNIA AGENCIES AND
DEPARTMENT'S CALL CENTERS ARE
NOW BEING LOCATED IN OTHER
STATES, EVEN THOUGH THEY ARE
PAID EXCLUSIVELY BY CALIFORNIA
TAXPAYING DOLLARS. FOR EXAMPLE,
DURING COVID 19 PANDEMIC, THE
EDD SOUGHT TO EXPAND THEIR CALL
CENTER SERVICES DUE TO THE HIGH
VOLUME OF CALLS. THEREFORE, THE
CONSULTING FIRM THEY USE WAS A
CONTRACTOR WHOSE WORKERS WERE IN
OHIO. IT IS CHALLENGING TO
DEVELOP A PLAN TO BRING THESE
JOBS BACK TO CALIFORNIA BECAUSE
WE DON'T KNOW THE EXACT NUMBER
OF STATES, AGENCIES AND
DEPARTMENT CALL CENTER POSITIONS
THAT ARE LOCATED OUTSIDE OF THE
STATE. AB 2068 WOULD REQUIRE
THAT THE STATE GATHER A MASTER
LIST OF ALL OUT OF STATE CALL
CENTER CONTRACTS THAT THE STATE
AGENCIES AND DEPARTMENTS HAVE
SIGNED, THE COST TO CALIFORNIA
TAXPAYERS, AND THE NUMBER OF
TYPES OF JOBS FOUND IN OTHER
STATES. THIS BILL WILL ALSO
REQUIRE EACH AGENCY THAT HAS ONE
OF THESE CONTRACTS TO DEVELOP A
PLAN TO RETURN THESE CALL
CENTERS JOBS BACK TO THE STATE.
TESTIFYING IN SUPPORT WITH ME
TODAY IS IGNACIO HERNANDEZ WITH
THE COMMUNICATION WORKERS OF
CALIFORNIA, DISTRICT NINE. THANK
YOU VERY MUCH. FIRST WITNESS AND
TWO MINUTES APIECE, PLEASE.
GREAT. THANK YOU, MR. CHAIR.
MEMBERS. IGNACIO HERNANDEZ, ON
BEHALF OF THE COMMUNICATION
WORKERS OF AMERICA, DISTRICT
NINE, WHICH ENCOMPASSES
CALIFORNIA, NEVADA AND HAWAII,
WE ARE THE SPONSORS OF THE
MEASURE, WE'VE SEEN OVER THE
LAST 5 TO 10 YEARS THAT CALL
CENTER JOBS, BOTH IN THE PRIVATE
SECTOR AND THE PUBLIC SECTOR,
HAVE BEEN MOVED OUT OF STATE AND
OFTENTIMES OVERSEAS, TWO YEARS
AGO, WE DID SPONSOR A BILL TO
ENSURE THAT TAXPAYER DOLLARS TAX
CREDITS AND SUBSIDIES WOULD NOT
BE GOING TO PRIVATE EMPLOYERS
WHO ARE MOVING JOBS OUT OF STATE
AND OVERSEAS. WHAT THIS BILL
DOES IS START TO ADDRESS THE
ISSUE THAT STATE AGENCIES AND
DEPARTMENTS ARE, IN FACT,
RELYING ON CONTRACTORS WHO HAVE
CALL CENTERS OUTSIDE OF
CALIFORNIA, WHICH MEANS STATE
TAXPAYER DOLLARS ARE PAYING FOR
JOBS OUT OF STATE. WE HAVE TRIED
TO GATHER THIS INFORMATION SO
THAT WE CAN TRY TO ADDRESS AND
COME UP WITH GAME PLANS TO TRY
TO BRING THESE JOBS BACK, OVER
THE LAST 2 TO 3 YEARS, AND WE
HAVE NOT BEEN ABLE TO GATHER A
LIST OF THOSE CONTRACTS AND THE
LIST OF THOSE JOBS AND STATE
AGENCIES, WE KNOW THAT THEY ARE,
BECAUSE WE'VE HAD A NUMBER OF
CONVERSATIONS WITH AGENCIES AND
DEPARTMENTS, WITH èC AND A
NUMBER OF ENTITIES, BUT YET WE
NO ONE CAN PROVIDE THAT
INFORMATION TO US TO SEE HOW
MANY JOBS, HOW MUCH MONEY, THE
STATES, WE DO KNOW THAT THE CALL
CENTERS, THAT HOUSE THE STATE,
WORKERS, THOSE THAT ARE CWA
MEMBERS, FOR EXAMPLE, HAVE
SHRUNK. WE HAVE ONE IN
SACRAMENTO THAT WAS 200. NOW
IT'S DOWN TO ABOUT 25. WE KNOW
THOSE CALLS ARE GOING TO
FLORIDA. SO WHEN YOU'RE CALLING
A STATE AGENCY, IT'S ACTUALLY
SOMEBODY IN FLORIDA IS ANSWERING
THEM. SO THIS BILL GETS THE
INFORMATION PUTS TOGETHER PLANS
SO THAT WE CAN BRING THOSE JOBS
BACK. AND IT GIVES A LITTLE BIT
OF TIME FOR THE STATE AGENCIES
TO DO THAT. WE BELIEVE, WHEN YOU
CALL A STATE OF CALIFORNIA, IT
SHOULD BE RECEIVED IN CALIFORNIA
AND TAXPAYER DOLLARS SHOULD BE
PAID FOR WORKERS IN CALIFORNIA,
NOT FOR WORKERS OUT OF STATE.
FOR THOSE REASONS, WE'RE ASKING
FOR YOUR SUPPORT. THANK YOU VERY
MUCH FOR THAT. ANYONE ELSE IN
SUPPORT, NAME AND ORGANIZATION,
PLEASE? Þ LAZARD, ON BEHALF OF
THE CALIFORNIA LABOR FEDERATION,
IN SUPPORT ANYONE IN OPPOSITION
TO AB 2068 SEEING NONE. BRING IT
BACK TO THE COMMITTEE. ANY
QUESTIONS? COMMITTEE SEEING NONE
. NOVEL IDEA TO USE TAXPAYER
DOLLARS FOR CALIFORNIANS. SO,
RESPECTFULLY ASK OR CLOSE. WE'RE
ALL SCREWED UP TODAY. OKAY.
RESPECTFULLY ASKED FOR AN AYE
VOTE. MADAM SECRETARY, PLEASE
CALL THE ROLL. THE MOTION IS
DUE. PASS TO APPROPRIATIONS.
ORTEGA. AYE. ORTEGA. AYE. FLORA.
FLORA. AYE ALANIS. ALANIS. AYE.
WENDY. CARILLO. WENDY. CARILLO.
AYE LI. LI. AYE. WARD. WARD. AYE
ZEBRA. ZEBRA. AYE THAT MEASURE
IS OUT. THANK YOU, THANK YOU.
FOR ADULTS. OKAY. WE WILL LIFT
THE CALLS. AB 2182. LIFTING THE
CALL. ALANIS. AB 2182. HANEY
ALANIS. ALANIS. AYE. WENDY.
CARILLO WENDY. CARILLO. AYE. LI
LI AYE. WARD. WARD. AYE. ZABIR.
ZABIR AYE. SRI. THAT MEASURE IS
OUT. ITEM NUMBER FIVE. ITEM
NUMBER FIVE. AB 2751. HANEY
LIFTING THE CALL. ALANIS. ALANIS
NØ WENDY CARILLO WENDY CARILLO.
AYE. ZABIR ZABIR NOT VOTING THAT
MEASURE IS UP. THAT MEASURE IS
OUT. AB 2439 QUIRK-SILVA LIFTING
THE CALL. ALANIS ALANIS. AYE.
WENDY CARILLO WENDY CARILLO AYE
ZABIR ZABIR. AYE THAT MEASURE IS
OUT. AB 2754 LIFTING THE CALL ON
2754. RENDON, ALANIS. ALANIS.
NOT VOTING WENDY CARILLO. 2754
RENDON, WENDY. CARILLO. AYE
WARD. WARD. AYE. ZABIR A ZABIR.
AYE THAT MEASURE IS OUT. AB
3143. LOWENTHAL. LIFTING THE
CALL. ALANIS. AYE. ALL IN EAST.
AYE. WENDY CARILLO. WENDY.
CARILLO. AYE. WARD. WARD AYE.
ZABIR. ZABIR. AYE THAT MEASURE
IS OUT. BATTING ON. WE ARE NOW
ADDING ON. AB 2364 ALANIS.
ALANIS. NO NO. LEE I'M SORRY.
WHAT IS THIS? 2364 THREE OF US
Þ. AYE LEE. AYE. AB 3043 THREE
OF US ALANIS. ALANIS. NO. WENDY.
CARILLO WENDY. CARILLO. AYE.
ZABIR ZABIR. AYE THAT MEASURE IS
OUT. ADD ONS FOR AB 3190. HANEY,
WENDY. CARILLO, WENDY. CARILLO.
AYE. LEE. AYE. LEE AYE. ZABIR
ZABIR. AYE AYE. MEASURES OUT. AB
2975 GIBSON. ABSENT. MEMBERS
WARD. WARD. NOT VOTING. 2975.
GIBSON. CURRENT VOTE. THERE'S
WARD. AYE. ZABIR ZABIR. AYE THAT
MEASURE IS OUT. AB 3056 GALLON.
GALLAGHER. ABSENT. MEMBER. ZABIR
ZABIR. NO. ON RECONSIDERATION.
THÀNH ZABIR. ZABIR. AYE THE
MEASURE FAILS. AB 3106. ABSENT
MEMBERS. FLORA SHE. ZABIR. YES.
ZABIR. AYE THE MEASURE PASSES.
JUST THANKS. GOOD WE ARE CLEAR.
AND WE ARE DONE. WE HAVE
CONCLUDED OUR BUSINESS FOR
TODAY. THANK YOU.
I KNOW I.
KNOW YOU SHOULD HAVE PUT NH P.
BUT SHE.
GOT YOUR PICTURES ON.
OH, YEAH. OKAY. THAT'S RIGHT.
TECHNOLOGY. LET'S GET. TO THIS?
YEP.
YUP. YUP.