THANKS FOR BEING. WELCOME TO THE
ASSEMBLY LABOR AND EMPLOYMENT
COMMITTEE HEARING. WE'RE GOING
TO START THIS AFTERNOON AS A
SUBCOMMITTEE, JUST A FEW
ANNOUNCEMENTS FOR EACH BILL WE
WILL HAVE. WE WILL TAKE TWO MAIN
WITNESSES IN SUPPORT AND TWO
MAIN WITNESSES IN OPPOSITION.
EACH WILL GET UP TO TWO MINUTES
EACH FOR ADDITIONAL PUBLIC
COMMENT, WE ASK THAT YOU JUST
STATE YOUR NAME, AFFILIATION AND
POSITION ON THE BILL. WE HAVE
ONE ITEM ON CONSENT TODAY. ITEM
SB 1162. CORTEZ I ALSO WOULD
LIKE TO WELCOME ASSEMBLY MEMBER
LOWENTHAL, WHO IS REPLACING
ASSEMBLY MEMBER WENDY CARRILLO
FOR TODAY'S HEARING ONLY. YES
OKAY, WE HAVE ONE AUTHOR HERE.
THANK YOU. SENATOR PORTANTINO.
WE'LL GO AHEAD AND GET STARTED
WITH, ITEM NUMBER FOUR, SB 1100.
THANK YOU, MADAM CHAIR AND
MEMBERS, I APPRECIATE THE
OPPORTUNITY TO PRESENT SB 1100,
WHICH WILL MAKE IT UNLAWFUL FOR
EMPLOYMENT PRACTICES FOR AN
EMPLOYER TO INCLUDE A STATEMENT
IN EMPLOYMENT MATERIALS THAT AN
APPLICANT MUST HAVE A DRIVER'S
LICENSE UNLESS THE EMPLOYER
REASONABLY EXPECTS THE DUTIES OF
THE POSITION TO REQUIRE DRIVING,
WHICH MAKES SENSE IF YOU'RE
APPLYING FOR A JOB AND YOU DON'T
NEED TO DRIVE FOR YOUR JOB, WHY
SHOULD YOU BE REQUIRED TO HAVE A
DRIVER'S LICENSE? AND THAT'S THE
CRUX OF THE BILL, WE WANT TO
MAKE SURE THAT PEOPLE HAVE AN
EASY PATH TO EMPLOYMENT, AND WE
WANT TO MAKE SURE THAT THOSE
EMPLOYMENT OPPORTUNITIES ARE
SORT OF COMMENSURATE WITH WHAT
THE DOCUMENTS YOU NEED TO BE
FULFILLED TO GET THOSE JOBS. SO
WITH ME TODAY, I HAVE, KRISTEN
BLAD, REPRESENTING STREETS FOR
ALL, WHICH IS OUR SPONSOR OF THE
BILL, AND SHE'LL SHARE A FEW
GOOD WORDS. GOOD AFTERNOON. MY
NAME IS KIRSTEN BLAD. I'M THE
ASSOCIATE DIRECTOR OF STREETS
FOR ALL THE PROUD SPONSOR OF SB
1100, IN MOST CASES, POSSESSING
A DRIVER'S LICENSE IS NOT
DIRECTLY RELATED TO AN
INDIVIDUAL ABILITY TO PERFORM.
PERFORM THEIR JOB DUTIES
EFFECTIVELY. AND FOCUSING ON
THIS ASPECT OF A CANDIDATE'S
PERSONAL LIFE IS IRRELEVANT TO
THEIR QUALIFICATIONS AND
CAPABILITIES. DISCRIMINATING
AGAINST INDIVIDUALS WITHOUT
DRIVER'S LICENSES
DISPROPORTIONATELY AFFECTS
PEOPLE WITH DISABILITIES. PEOPLE
OF COLOR, AND PEOPLE WITH LOW
INCOMES. SUCH DISCRIMINATION
PERPETUATES EXISTING
INEQUALITIES AND FURTHER
DISADVANTAGES. THESE GROUPS IN
THE JOB MARKET. FURTHER, IT
PERPETUATES CAR DEPENDENCY AS
PEOPLE THINK THAT THEY HAVE TO
OWN A VEHICLE IN ORDER TO GET
EMPLOYMENT. SO PROHIBITING
DISCRIMINATION BASED ON
POSSESSION OF A DRIVER'S LICENSE
WILL ENCOURAGE EMPLOYERS TO
FOCUS ON RELEVANT JOB
QUALIFICATIONS AND SKILLS WHEN
MAKING HIRING DECISIONS. IT
PROMOTES INCLUSIVE HIRING
PRACTICES THAT CONSIDER A LARGER
, MORE DIVERSE POOL OF
CANDIDATES AND VALUES
INDIVIDUALS FOR THEIR ABILITIES,
RATHER THAN ARBITRARY CRITERIA
UNRELATED TO JOB PERFORMANCE.
THANK YOU. THANK YOU. DO WE HAVE
ANY ADDITIONAL WITNESSES IN
SUPPORT? SEEING NONE, DO WE HAVE
ANY WITNESSES IN OPPOSITION?
SEEING NONE, I WILL. ANY
QUESTIONS FROM THE MEMBERS? NO.
SENATOR. WOULD YOU LIKE TO
CLOSE? SEEMS LIKE THIS MAKES
SENSE. AND RESPECTFULLY ASK FOR
AN AYE VOTE. THANK YOU. WE WILL.
WE'LL ESTABLISH A QUORUM AND
THEN WE CAN TAKE A VOTE. OKAY.
AND THEN WE. OKAY. SECRETARY,
CAN WE PLEASE ESTABLISH A QUORUM
? ORTEGA HERE. FLORA. ALANIS
HERE. LOWENTHAL HERE. LEE WARD
ZUBIATE CORN. BILL WE HAVE A
MOTION AND A SECOND SECRETARY.
PLEASE CALL THE ROLL. THE MOTION
IS DUE. PASS TO JUDICIARY
COMMITTEE. ORTEGA, A ORTEGA.
AYE, FLORA A FLORA I ALANIZ.
ALANIZ I LOWENTHAL. LOWENTHAL I
LEE. WARD. SABOR WAS OUT. THAT
MEASURE IS OUT. WE WILL LEAVE
THE ROLL OPEN FOR ABSENT
MEMBERS. THANK YOU. SENATOR
CABALLERO. WE WILL MOVE TO ITEM
NUMBER SEVEN, SB 1303. SENATOR
CABALLERO, WOULD YOU LIKE TO
OPEN? THANK YOU VERY MUCH, MADAM
CHAIR. AND MEMBERS OF THE
COMMITTEE. THANK YOU FOR THE
OPPORTUNITY TO PRESENT SB 1303,
AN IMPORTANT BILL, A BILL TO
HELP INCREASE THE ACCOUNTABILITY
ON PUBLIC WORKS PROJECT. I WOULD
LIKE TO THANK THE CHAIR AND THE
COMMITTEE FOR THEIR WORK, AND,
AND EXPLAIN THAT THE I KNOW THAT
YOU ALL KNOW THAT THE LABOR CODE
GOVERNING LOCAL GOVERNMENT
PUBLIC WORKS PROJECTS MANDATES
THAT ALL WORKERS RECEIVE
PREVAILING WAGE. PUBLIC AGENCIES
MUST ENSURE COMPLIANCE WITH
THESE LAWS. BUT INCREASINGLY
THIS ENFORCEMENT IS DELEGATED TO
PRIVATE, FOR PROFIT, THIRD PARTY
COMPLIANCE COMPANIES. IF THE
COMPLIANCE COMPANIES FIND
EVIDENCE OF THE VIOLATION, THEY
CAN TAKE PUNITIVE ACTION AGAINST
THE CONTRACT CONTRACTORS OR
SUBCONTRACT ACTORS BY
WITHHOLDING PAYMENT WITHOUT DUE
PROCESS. THE COMPLIANCE
COMPANIES FUNCTION WITH MINIMAL
AND INCONSISTENT PROCESSES
DESPITE RECEIVING PUBLIC DOLLARS
TO DO THEIR WORK. ADDITIONALLY,
THE LACK OF RULES REGARDING
CONFLICTS OF INTEREST AND PRIOR
AFFILIATIONS WITH CONTRACTORS
CAN COMPROMISE ENFORCEMENT
INTEGRITY. SB 1303 WILL REQUIRE
THIRD PARTY COMPLIANCE COMPANIES
TO DISCLOSE ANY CONFLICTS OF
INTEREST THAT THEY MIGHT HAVE TO
THE DIVISION OF LABOR STANDARDS
ENFORCEMENT AND TO THE AWARDING
AGENCIES, WHICH WOULD BE THE
LOCAL GOVERNMENTS, AND THIS WILL
PROHIBIT THIRD PARTY COMPLIANCE
COMPANIES FROM RECEIVING
CONTRACTS IF CONFLICTS OF
INTEREST EXIST. SOMETIMES IT'S
JUST THE PERCEPTION OF A
CONFLICT OF INTEREST THAT
ESTABLISHES THE CHALLENGE. THE
BILL WILL ESTABLISH A STRUCTURED
PROCESS FOR THIRD PARTY
COMPLIANCE COMPANIES TO FOLLOW.
IF THEY BELIEVE A VIOLATION HAS
OCCURRED, ENSURING FAIRNESS AND
TRANSPARENCY IN THE ENFORCEMENT
PROCESS AND OBVIOUSLY, THE
REASON WE WANT A PROCESS IN
PLACE IS IT'S THE WORKERS THAT
DON'T GET PAID. WHEN THE
CONTRACTORS DON'T DON'T RECEIVE
THEIR MONEY. FINALLY, THE BILL
MANDATES THAT AWARDING AGENCIES
AND THIRD PARTY COMPLIANCE
COMPANIES SEEK RESOLUTION OF
DISPUTED LABOR LAW VIOLATIONS BY
CONFERRING WITH THE CONTRACTORS
BEFORE WITHHOLDING FUNDS AND
STALLING PROJECTS. WITH ME TODAY
TO TESTIFY IN SUPPORT IS ELMER
LIZARDI FROM THE CALIFORNIA
LABOR FEDERATION AND MATTHEW
CREMEANS FROM THE CALIFORNIA
NEVADA CONFERENCE OF OPERATING
ENGINEERS. THANK YOU. GOOD
AFTERNOON, CHAIR ORTEGA AND
MEMBERS OF THE COMMITTEE, ELMER
LIZARDI HERE ON BEHALF OF THE
CALIFORNIA LABOR FEDERATION. THE
CALIFORNIA LABOR FEDERATION
SUPPORTS EFFORTS TO ENSURE THAT,
WE ARE ENFORCING CALIFORNIA'S
LABOR LAWS ON EVERY WORKSITE,
ESPECIALLY ON PUBLIC WORKS
PROJECTS WHERE PRIVATE COMPANIES
ARE RECEIVING PUBLIC DOLLARS TO
DO THIS WORK. SB 13 1303 WILL
HELP ACHIEVE THIS GOAL BY
INCREASING ACCOUNTABILITY OF FOR
PROFIT LABOR COMPLIANCE.
ENTITIES THAT OVERSEE TÊ CERTAIN
PUBLIC WORKS PROJECTS UNDER
EXISTING LAW. AS STATED, PUBLIC
AGENCIES THAT AWARDS FUND FOR
PUBLIC WORKS PROJECTS ARE TASKED
WITH ENSURING THAT PARTIES
COMPLY WITH LABOR STANDARDS. BUT
RECENTLY WE'VE SEEN AN INCREASE
IN THESE AGENCIES CONTRACTING
OUT THIS INCREDIBLY IMPORTANT
WORK TO FOR PROFIT THIRD PARTY
COMPANIES. UNFORTUNATELY, AS
WE'VE SEEN, THESE FOR PROFIT
COMPANIES OPERATE WITH LITTLE TO
NO STATE REGULATION. AND THIS
HURTS CONTRACTORS. THE STATE AND
THE CONSTRUCTION WORKERS WHO
DEPEND ON THE PUBLIC WORKS
PROJECTS FOR THEIR LIVELIHOODS,
FOR EXAMPLE, WE'VE SEEN A MAJOR
GAP IN CURRENT LAW THAT THESE
FOR PROFIT COMPLIANCE GROUPS CAN
OVERSEE PROJECTS EVEN IF THEY
HAVE THESE PROBLEMATIC CONFLICTS
OF INTEREST. AS A SENATOR STATED
, SB 1303 BRINGS MUCH NEEDED
ACCOUNTABILITY OVER THESE
PRIVATE COMPLIANCE GROUPS BY
PROHIBITING THEM FROM PROVIDING
ENFORCEMENT WORK IF THEY HAVE A
CONFLICT OF INTEREST, AND THEN
REQUIRING THEM TO FULLY DISCLOSE
POTENTIAL CONFLICTS OF INTEREST
TO AWARDING BODIES, WITH THESE
SIMPLE FIXES, THE BILL WILL HELP
ENSURE THAT THE COMPANIES AND
THE PUBLIC AGENCIES THAT
CONTRACT WORK TO THEM ARE FULLY
ACCOUNTABLE TO EFFECTIVELY
ENFORCE LABOR LAWS AND PROTECT
PUBLIC DOLLARS AND WORKERS IN
CALIFORNIA. THANK YOU SO MUCH.
THANK YOU, MADAM CHAIRMAN, AND
MEMBERS, MATT CREMEANS HERE ON
BEHALF OF THE CALIFORNIA NEVADA
CONFERENCE OF OPERATING
ENGINEERS, WE ARE THE PROUD
SPONSORS OF SB 1303, WHICH WOULD
PROVIDE SOME NEEDED CLARITY IN
SITUATIONS IN WHICH AN AWARDING
BODY CHOOSES TO CONTRACT OUT
LABOR COMPLIANCE MONITORING
SERVICES, EXISTING LAW REQUIRES
THAT AWARDING BODIES TAKE
COGNIZANCE AND ENSURING THAT THE
LAWS ARE BEING PROPERLY FOLLOWED
ON THEIR PUBLIC WORKS PROJECT,
AND EXISTING LAW ADDITIONALLY
PROVIDES AWARDING AGENCIES A
TOOL WHEREBY THEY WITHHOLD FUNDS
FROM CONTRACTORS AND SITUATIONS
IN WHICH THE LAW IS NOT BEING
PROPERLY FOLLOWED. HOWEVER,
JOINT LABOR MANAGEMENT
COMMITTEES HAVE NOTED INCREASING
INSTANCES OF AWARDING AGENCIES
TURNING OVER THIS RESPONSIBILITY
TO PRIVATE THIRD PARTIES, WHO
THEN HAVE THE POWERFUL TOOL OF
BEING ABLE TO TAKE FUNDS AWAY
FROM CONTRACTORS ON PUBLIC WORKS
PROJECTS. IN MANY INSTANCES, IT
HAS BEEN FOUND THAT SOME OF
THESE FOR PROFIT GROUPS HAVE
INHERENT CONFLICTS OF INTEREST
AND THAT THEY DO WORK FOR THE
AWARDING AGENCY, AND THEY ALSO
DO CONTRACT WORK OR CONTRACT
WORK FOR THE CONTRACTORS WHO BID
ON THE AWARDING AGENCY. SO THIS
BILL SIMPLY IS SEEKING TO
ESTABLISH SOME STATUTORY
GUIDELINES FOR THE USE OF THESE
GROUPS. I KNOW WE HAVE A MOTION,
SO I WILL AMEND MY TESTIMONY
RESPECTFULLY REQUEST YOUR I
VOTE. THANK YOU. APPRECIATE THAT
. DO WE HAVE ADDITIONAL COMMENTS
IN SUPPORT? MADAM CHAIR MEMBERS,
MIKE WEST, ON BEHALF OF THE
STATE BUILDING AND CONSTRUCTION
TRADES COUNCIL AND SUPPORT. GOOD
AFTERNOON, CHAIR AND MEMBERS,
MARTIN VIGNOLA ON BEHALF OF THE
CALIFORNIA STATE ASSOCIATION OF
ELECTRICAL WORKERS, THE
CALIFORNIA STATE PIPE TRADES
COUNCIL AND THE WESTERN STATES,
WESTERN STATES COUNCIL OF SHEET
METAL WORKERS IN SUPPORT. THANK
YOU, VINCE SEGRUE ON BEHALF OF
SHEET METAL WORKERS LOCAL 104,
IN STRONG SUPPORT. MADAM CHAIR,
MEMBERS OF THE COMMITTEE ROB,
CARRY ON WITH THE OPERATING
ENGINEERS, LOCAL UNION NUMBER
THREE AND WE'RE IN SUPPORT. GOOD
MORNING MICHAEL. MARK WITH SAN
JOAQUIN COUNTY BUILDING TRADES.
ON BEHALF OF OUR 10,000 MEMBERS,
WE ARE IN STRONG SUPPORT. GOOD
AFTERNOON, RICHARD MARCUSSEN FOR
THE WESTERN ELECTRICAL
CONTRACTORS ASSOCIATION, IN
SUPPORT. THANK YOU, MADAM CHAIR.
TODD BLUMSTEIN FOR THE SOUTHERN
CALIFORNIA CONTRACTORS
ASSOCIATION IN SUPPORT AS WELL.
THANK YOU. DO WE HAVE ANY
WITNESSES IN OPPOSITION? SEEING
NONE, ARE THERE ADDITIONAL
WITNESSES IN OPPOSITION? SEEING
NONE. WE HAVE A MOTION AND A
SECOND SECRETARY. WOULD YOU. OH.
I'M SORRY, MEMBERS, DO YOU HAVE
ANY OTHER COMMENTS OR QUESTIONS,
SENATOR? WOULD YOU LIKE TO CLOSE
RESPECTFULLY ASK FOR YOUR I VOTE
TODAY. THANK YOU. SECRETARY,
PLEASE CALL THE ROLL. A MOTION
IS DUE. PASS TO JUDICIARY
COMMITTEE. ORTEGA I ORTEGA I
FLORA. FLORA. I ALANIZ. ALANIZ I
LOWENTHAL. LOWENTHAL I LEE.
WARD. ZUBER THAT MEASURE IS OUT.
WE WILL LEAVE THE ROLL OPEN FOR
ABSENT MEMBERS. THANK YOU VERY
MUCH. THANK YOU. APPRECIATE IT.
THANK YOU. THANK YOU SO MUCH.
WHILE WE ARE WAITING FOR
ADDITIONAL AUTHORS, IF I CAN GET
A MOTION AND A SECOND ON OUR
CONSENT CALENDAR TO. SECRETARY,
PLEASE CALL THE ROLL. SB 1162,
THE MOTION IS DUE. PASS CONSENT
TO PRIVACY AND CONSUMER
PROTECTION COMMITTEE. ORTEGA I
ORTEGA I FLORA. FLORA I. ALANIZ
I, ALANIZ I, LOWENTHAL I,
LOWENTHAL I, LEE WARD ZUBIATE
CONSENT CALENDAR. ADOPTED.
I GUESS WE'RE TALKING JUST THIS
YEAR. YEAH YEAH.
NOT SO MUCH. SO VERY, VERY GOOD
SESSION. 15 YESTERDAY. TEN
ROCKETS.
YEAH. 3300. SO. YEAH I NEED TO
HEAR.
AND VICE CHAIR. WHERE'S MY FINE.
SHE.
IS ARE YOU NOT GOING TO BE LIKE
THAT? ARE YOU? FOR THE NEXT
YEAR. SORRY YOU'RE WELCOME. WE
SEE. WE HAVE ADDITIONAL AUTHORS
IN THE ROOM, SENATOR WAHAB,
WHENEVER YOU'RE READY, WE CAN GO
AHEAD AND START WITH ITEM NUMBER
ONE, SB 984. THANK YOU. CHAIR
THANK YOU. DONE. ALL RIGHT,
COLLEAGUES AND MEMBERS OF THE
PUBLIC, SB 984 REQUIRES THE
CALIFORNIA STATE UNIVERSITY AND
THE CALIFORNIA COURTS TO
IDENTIFY THREE MAJOR
CONSTRUCTION PROJECTS TO BE
GOVERNED BY A PLA PROJECT. LABOR
AGREEMENTS PROVIDE PROPER
COMPENSATION, BENEFITS, AND
OPPORTUNITY TO HARDWORKING
CALIFORNIA FANS, INCLUDING
WOMEN, VETERANS, BIPOC, AND
JUSTICE INVOLVED INDIVIDUALS IN
OUR CONSTRUCTION WORKFORCE.
BEGINNING IN 2029. SB 984 WILL
ALSO REQUIRE THE DEPARTMENT OF
GENERAL SERVICES TO REPORT
PROGRESS OF COMMUNITY BENEFIT
GOALS, APPRENTICESHIPS AND
PROJECT LABOR AGREEMENTS ON
THEIR PROJECTS. SB 984 ENSURES
THAT THE STATE'S INVESTMENT IN
PUBLIC INFRASTRUCTURE ARE
PROTECTED FROM COSTLY DELAYS AND
PROMOTE HIGH QUALITY JOBS. I DO
ALSO WANT TO IDENTIFY THAT THESE
ARE TAXPAYER DOLLARS. THEY
DESERVE TO GO TO INDIVIDUALS
THAT ARE WORKING, THAT GENUINELY
DESERVE IT AND HAVE A HIGHER
SKILL SET THAN MOST INDIVIDUALS,
AND I REALLY WANT TO HIGHLIGHT
THAT WHEN WE TALK ABOUT
CALIFORNIA MADE, WE ARE TRYING
TO ALSO EMPLOY CALIFORNIANS AND
PAY THEM FAIRLY. AND I REALLY
DO, YOU KNOW, SUPPORT THIS BILL.
AND I'VE BEEN PUSHING IT FOR A
WHILE. A LOT OF THE STAKEHOLDERS
HAVE BEEN IN CONVERSATION TO
HAVE A BIGGER IMPACT. AND ALSO
JUST THE MERE FACT THAT WE'RE
INVOLVING SO MANY OTHER FOLKS
THAT WOULD NOT BE ABLE TO GET A
MIDDLE CLASS INCOME WITHOUT
PROJECTS LIKE THESE AND WITHOUT
LABOR. SO WITH ME IS KEITH DUNN,
THE STATE BUILDING AND
CONSTRUCTION TRADES COUNCIL.
THANK YOU, MADAM CHAIR. I'D LIKE
TO, THANK OUR AUTHOR FOR MOVING
THIS BILL FORWARD. I SHE DOES
SUCH A GREAT JOB DESCRIBING WHAT
IT DOES. I JUST WANT TO
HIGHLIGHT A COUPLE ITEMS THAT
MAY COME UP IN FURTHER
DISCUSSION. ONE IS THAT
INDIVIDUALS THAT MAY NOT BE YET
A MEMBER OF A UNION DO HAVE AN
OPPORTUNITY TO VEST IN PENSIONS,
JUST LIKE YOU DO IN A PRIVATE
SECTOR. YOU HAVE TO PUT IN THE
TIME TO VEST IN A PROGRAM, IN A
PRIVATE SECTOR JOB, A UNION JOB,
IT'S THE SAME. SO THERE ARE
OPPORTUNITIES FOR INDIVIDUALS
THAT MAY NOT YET HAVE DECIDED TO
JOIN A UNION OR MAY NEVER JOIN A
UNION. THEY DO HAVE THAT SAME
OPPORTUNITY. I WOULD ALSO POINT
OUT THAT ANY CONTRACTOR CAN
PARTICIPATE IN A PROJECT LABOR
AGREEMENT. IT'S NOT EXCLUSIVE,
IT DOES PROVIDE OPPORTUNITIES
FOR A LOT OF THE POLICY. AND I
WOULD SAY, VALUES OF CALIFORNIA
TO BRING PEOPLE UP. AND AS
SENATOR WAHAB POINTED OUT, THIS
IS SOMETHING THAT IS DONE WITH
TAXPAYER DOLLARS. THAT REALLY IS
A REINVESTMENT IN OUR
COMMUNITIES. AND PROVIDES
OPPORTUNITIES FOR INDIVIDUALS
WHO CAN THEN MOVE ON TO OTHER
JOBS AND HAVE A MIDDLE CLASS
LIFESTYLE AND HOPEFULLY MAINTAIN
THAT FOR THEIR CAREERS AND A
NICE LIFE HERE IN CALIFORNIA. SO
WITH THAT, I'LL BE QUIET AND ASK
FOR YOUR SUPPORT. THANK YOU. DO
WE HAVE ANY ADDITIONAL WITNESSES
IN SUPPORT? IT'S A GROUP. EXCUSE
ME. VINCE GROU, ON BEHALF OF
SHEET METAL WORKERS, LOCAL 104
AND STRONG SUPPORT. GOOD
AFTERNOON, CHAIR AND MEMBERS,
MARTIN VENDIOLA, ON BEHALF OF
THE CALIFORNIA STATE ASSOCIATION
OF ELECTRICAL WORKERS, THE
WESTERN STATES COUNCIL OF SHEET
METAL WORKERS, AND THE
CALIFORNIA STATE PIPE TRADES
COUNCIL, AND SUPPORT FRANKIE
GRACEY ON BEHALF OF THE BLUE
GREEN ALLIANCE IN SUPPORT ELMER
LOZADA ON BEHALF OF THE
CALIFORNIA LABOR FEDERATION IN
SUPPORT OF MATT CREMEANS
OPERATING ENGINEERS IN SUPPORT
MITCHELL BECHTEL, DISTRICT
COUNCIL OF IRONWORKERS AND
SUPPORT. MADAM CHAIR MEMBERS
LOUIE COSTA SMART
TRANSPORTATION. STATE
LEGISLATIVE BOARD IN SUPPORT.
MADAM CHAIR MEMBERS BRETT BARROW
WITH THE CALIFORNIA LEGISLATIVE
CONFERENCE OF PLUMBING, HEATING,
PIPING INDUSTRY IN THE NATIONAL
ELECTRICAL CONTRACTORS
ASSOCIATION IN SUPPORT. HI
THERE, MICHAEL MARK, SAN JOAQUIN
COUNTY BUILDING TRADES. WE
SUPPORT THIS. THANK YOU, MADAM
CHAIR. TODD BLUMSTEIN FOR THE
SOUTHERN CALIFORNIA CONTRACTORS
ASSOCIATION. I HAVE AN
IN-BETWEEN POSITION. WE HAVE AN
OPPOSED UNLESS AMENDED POSITION.
OF COURSE A PLA COVERS LABOR
CONDITIONS. THAT ARE THAT AN
EMPLOYER HAS TO FOLLOW OUR
EMPLOYERS MY CLIENT IS 100%
UNION. SO IN A UNION CONTRACT
ARE SIGNS A PLA AGREEMENT THEIR
OWN NEGOTIATED AGREEMENT TAKES
SECOND PLACE. A BACK SEAT TO THE
PLA. WE'D SIMPLY LIKE TO MAKE
SURE THAT THE LEGISLATURE
PRESERVES THE SANCTITY OF A
NEGOTIATED CONTRACT. OUR
CONTRACT, AND THAT THE BILL HAVE
AN AMENDMENT THAT EXEMPTS UNION
CONTRACTORS, THAT NGUYEN PLA. WE
HAVE LANGUAGE PREPARED, WOULD BE
HAPPY TO TALK WITH WITH THE
AUTHOR. THANK YOU, THANK YOU. DO
WE HAVE ANY WITNESSES IN
OPPOSITION?
CUT THEIR MICS AT THEIR MICS.
WELCOME. YOU HAVE TWO MINUTES
EACH. VERY GOOD. GOOD AFTERNOON.
MEMBERS, SORRY, MADAM CHAIR.
MEMBERS OF THE COMMITTEE AND OUR
ESTEEMED SENATOR. MY NAME IS
FELIPE FUENTES, AND I'M HERE ON
BEHALF OF THE ASSOCIATED GENERAL
CONTRACTORS OF CALIFORNIA. AGC
IS THE ONLY STATEWIDE
ASSOCIATION IN THE STATE WITH
ALMOST A THOUSAND MEMBERS
REPRESENTING UNION AND NONUNION
CONTRACTORS WHO ARE BUILDING
CALIFORNIA'S INFRASTRUCTURE. OUR
CONTRACTORS BUILD HEAVY CIVIL
CONSTRUCTION PROJECTS LIKE
HIGHWAYS AND ROADS, VERTICAL
CONSTRUCTION, BE IT COMMERCIAL
OR RESIDENTIAL, AND UTILITY
SCALE PROJECTS LIKE WATER
TREATMENT PLANTS. I'M HERE IN
OPPOSITION TO SB 984, WHICH
WOULD MANDATE PROJECT LABOR
AGREEMENTS ON SPECIFIED STATE
SPECIFIC WORKS, PUBLIC WORKS,
FOR ONE REAL REASON. WHILE THE
MEASURE HAS BEEN SLIMMED DOWN TO
A PILOT PROGRAM FOR A HANDFUL OF
CONSTRUCTION PROJECTS, IT STILL
SETS A BAD PRECEDENT. AND THAT'S
BECAUSE, LIKE MY COLLEAGUE MR.
BLUMSTEIN MENTIONED A SECOND
AGO, A PLA MANDATE WOULD PICK
WINNERS AND LOSERS. AND LET ME
EXPLAIN THAT FOR A SECOND,
MANDATING PLAS UNDERCUTS THE
EXISTING MASTER LABOR AGREEMENTS
AGC HAS WITH ITS UNION LABOR
PARTNERS, IRRESPECTIVE OF THE
PROJECT, AGC COLLECTIVELY
BARGAINS EVERY THREE YEARS WITH
THE LABORERS, OPERATING
ENGINEERS, CEMENT MASONS,
TEAMSTERS, IRONWORKERS AND
CARPENTERS. BECAUSE PROJECT
LABOR AGREEMENTS WILL TYPICALLY
SUPERSEDE ANY ALREADY NEGOTIATED
MASTER LABOR AGREEMENT,
LEGISLATION LIKE THIS MAKES IT
SUCH THAT CONTRACT HOURS MUST
SET ASIDE THE RELATIONSHIPS THAT
THEY HAVE ALREADY ESTABLISHED
AND RENEGOTIATE WITH OTHER LABOR
UNIONS, DEPENDING ON WHAT WAS
NEGOTIATED WITH THE STATE AND
THE STATE BUILDING TRADES. IF
THEY WANT TO BID ON THOSE
PROJECTS. IF PASSED, THIS PILOT
PROGRAM WOULD HAVE GENERAL
CONTRACTORS WADE INTO NEW
JURISDICTIONAL DISPUTES, SUCH
THAT THIS POLICY PUTS
CONTRACTORS IN A POSITION TO
HAVE TO PICK OVER THEIR EXISTING
RELATIONSHIPS AND NEW LABOR. WE
DO NOT HAVE ANY QUARREL WITH THE
ASPECTS AND AIMS OF THE
LEGISLATION, AND HAVE TREMENDOUS
RESPECT FOR THE AUTHOR, BUT
UNFORTUNATELY, WE'RE ASKING YOU
TO OPPOSE THIS MEASURE. THANK
YOU, MADAM CHAIR AND MEMBERS.
MACHADO I'M, WITH NIELSEN
MERKSAMER. AND HERE ON BEHALF OF
MY CLIENT, THE ASSOCIATED
BUILDERS AND CONTRACTORS OF
CALIFORNIA. AND I DO WANT TO
THANK THE AUTHOR. SHE HAS SAT
DOWN WITH US. WE HAVE HAD
CONVERSATIONS ABOUT OUR
OPPOSITION, WE ARE PRIMARILY
OPPOSED BECAUSE EVEN THOUGH
PROJECT LABOR AGREEMENTS ARE NOT
EXCLUSIVE AND OPPORTUNITIES ARE
GIVEN TO ALL CONTRACTORS, THEY
DO DISCOURAGE CERTAIN
CONTRACTORS FROM BIDDING. AND
ONE OF THE REASONS WHY THE
MEMBER COMPANIES FOR MY CLIENT
DON'T BID IS BECAUSE WITHIN THE
PROVISIONS OF A PROJECT LABOR
AGREEMENT, YOU WILL FIND
CERTAIN, QUALIFICATIONS OR
REQUIREMENTS. ONE OF THOSE IS A
CORE WORKER REQUIREMENT. SO YOU
HAVE TO IF ONE OF MY MEMBER
COMPANIES WERE TO BID THEIR
NONUNION, THEY GET ONLY A
CERTAIN NUMBER OF THEIR
EMPLOYEES. THEY GET TO WORK ON
THE CONTRACT. AND THEN AFTER
THAT NUMBER, THEY HAVE TO PULL
FROM THE UNION HIRING HALL. THAT
CAUSES SOME TENSIONS BETWEEN THE
CONTRACTORS. IT'S IF I WERE TO
ASK ONE OF YOU TO LIKE, LET'S
HIRE SOMEBODY ELSE. AS LEDGE
DIRECTOR TO BE YOUR LEDGE
DIRECTOR. RIGHT. YOU HAVE KIND
OF A SYMBIOTIC COLLABORATIVE
RELATIONSHIP WITH YOUR INTERNAL
STAFF. YOU PUT CONTRACTORS IN A
SITUATION WHERE THEY HAVE TO
BASICALLY TELL THEIR EMPLOYEES,
I CAN'T USE YOU ON THIS PROJECT
BECAUSE I'M ONLY LIMITED TO 2 OR
3. AND AFTER THAT, I HAVE TO
START PULLING FROM THE HIRING
HALL. SO IT DOES CREATE
DISINCENTIVES FOR SOME MEMBERS
TO BID ON A PROJECT LABOR
AGREEMENT. WE ARE NOT OPPOSED TO
PREVAILING WAGE. WE BELIEVE IN
SAFETY. WE HAVE STATEWIDE
APPRENTICESHIP PROGRAMS WHICH
WHEN OUR APPRENTICES GRADUATE,
THEY ARE SKILLED AND TRAINED IN
THE STATE OF CALIFORNIA. THEY
ARE NOT THEY. THEIR EDUCATION IS
NOT DEFICIENT. IT'S NOT LESS
THAN THERE HAS BEEN SITUATIONS
WHERE I'VE BEEN TOLD LIKE, WELL,
IT'S LIKE HAVING KIM KARDASHIAN
BE YOUR ATTORNEY. LIKE BETWEEN A
UNION AND A NONUNION WORKER. THE
REALITY IS IT'S LIKE A USC OR
UCLA. THEY ARE EQUAL. THEY ARE
BOTH QUALIFIED. SO THEY SHOULD
BE ABLE TO BID. AND THAT'S WHY
WE WOULD ASK FOR YOU TO OPPOSE
THE BILL. THANK YOU, SENATOR,
NOT SURE IF YOU WANTED TO. I
APPRECIATE THAT ALL THEIR
PARTNERS THAT THEY HAVE LISTED,
ACTUALLY ARE IN BROAD SUPPORT OF
THIS. SO WE HAVE BUILT A
COALITION. WE HAVE ADDRESSED A
LOT OF CONCERNS. I HAVE MET WITH
OPPOSITION, MULTIPLE TIMES. MY
STAFF HAS MET WITH THEM. I DO
BELIEVE THAT THIS IS, AS YOU
KNOW, TO HIS POINT, A PILOT THAT
WE SHOULD START BECAUSE IF WE
ARE THE FIFTH LARGEST ECONOMY IN
THE WORLD, WE DESERVE TO PAY
PEOPLE APPROPRIATELY. WE DESERVE
TO BUILD A WORKFORCE THAT IS
FULLY TRAINED AND BUILDING OUR
INFRASTRUCTURE, GOVERNMENT
INFRASTRUCTURE WITH TAX DOLLARS.
SO I RESPECTFULLY ASK FOR AN AYE
, DO WE HAVE ANY WITNESSES
ADDITIONAL WITNESSES IN
OPPOSITION? ACTUALLY HAPPENED
THE CALIFORNIA CHAMBER OF
COMMERCE IN OPPOSITION FOR THE
COMMENTS MADE BY AGC. THANK YOU.
RICHARD MARCUSSEN FOR THE
WESTERN ELECTRICAL CONTRACTORS
ASSOCIATION, THE PLUMBING,
HEATING, COOLING CONTRACTORS OF
CALIFORNIA, THE CALIFORNIA
CHAPTERS OF THE AMERICAN FIRE
SPRINKLER ASSOCIATION, AND THE
INDEPENDENT ROOFING CONTRACTORS
OF CALIFORNIA, ALL IN STRONG
OPPOSITION. MATTHEW ESTÁ, WITH
THE ASSOCIATED BUILDERS AND
CONTRACTORS NORTHERN CALIFORNIA
CHAPTER. WE RESPECTFULLY OPPOSE
THEIR YASSINI WITH THE
ASSOCIATED BUILDERS AND
CONTRACTORS OF CALIFORNIA
NORTHERN CHAPTER IN OPPOSITION.
THANK YOU. I WILL NOW TURN IT
OVER TO THE MEMBERS IF THERE'S
ANY QUESTIONS. COMMENTS ON THE
BILL. OH, WE ALREADY HAVE A I
APPRECIATE THAT. THANK YOU. WE
ALREADY HAVE A MOTION AND A
SECOND, IF NO OTHER COMMENTS,
SECRETARY, WOULD YOU LIKE TO
CALL THE ROLE? OH, I'M SORRY,
SENATOR, WOULD YOU LIKE TO
CLOSE? I APPRECIATE YOUR
LEADERSHIP, CHAIR, AND
RESPECTFULLY ASK FOR AN AYE VOTE
. AND THIS BILL DOES HAVE A
RECOMMENDED I VOTE AND
APPRECIATE YOU BRINGING THIS
FORWARD. I MUST SAY, I WAS NOT
EXPECTING A KIM KARDASHIAN
REFERENCE THIS AFTERNOON, BUT I
APPRECIATE IT, OKAY. SECRETARY
MOTION IS Dð PASS TO
GOVERNMENTAL ORGANIZATION
COMMITTEE. ORTEGA. ORTEGA I.
FLORA. FLORA I ALANIZ. ALANIZ I
LOWENTHAL. LOWENTHAL I LEE. LEE
I WARD ZUBIATE. THAT MEASURE IS
OUT. MEASURE IS OUT. THANK YOU,
NEXT, WE HAVE A ITEM NUMBER TWO,
SENATOR WAHAB, SB 1321. IT'S
GREAT TO SEE YOU. LIKEWISE I'M
JUST GOING TO DO THIS BECAUSE
WE'RE OKAY. ALL RIGHT? WE GO
BACK. I WORK WITH HIM SINCE THE
EAST BAY TIMES. RIGHT, SO,
CHAIR, COLLEAGUES AND MEMBERS OF
THE PUBLIC, SB 1321 WILL ENSURE
TRAINING OPPORTUNITIES. FUNDED
THROUGH THE EMPLOYMENT TRAINING
PANEL, PROVIDE HIGH QUALITY
TRAINING OPPORTUNITIES FOR
WORKERS MANUFACTURING,
CONSTRUCTION, CLEAN ENERGY AND
OTHER INDUSTRIES. NEED TRAINED
WORKERS TO BUILD THE ECONOMY OF
TOMORROW. ETP FUNDS FUNDS
PROJECTS THAT CREATE HIGH WAGE,
HIGH SKILLED CAREER PIPELINES
FOR WORKERS IN THESE INDUSTRIES.
THIS BILL PROMOTES A HEALTHY
LABOR MARKET AND HELPS
BUSINESSES INCREASE THEIR
COMPETITIVENESS TO SECURE
FEDERAL PRIVATE SECTOR, AND
OTHER NON-STATE FUNDS. AS WE
FACE A SIGNIFICANT BUDGET
DEFICIT, IT IS ESSENTIAL TO
ENSURE WE MAXIMIZE THE BENEFITS
WE CREATED WITH OUR ETP FUNDING.
SB 1321 ENSURES ETP IS INVESTING
IN QUALITY TRAINING PROGRAMS AND
PRIORITIZING RECRUITMENT OF
DISADVANTAGED WORKERS.
SPECIFICALLY, I WOULD ALSO LIKE
TO HIGHLIGHT THAT ONE OF THE
CITIES IN MY DISTRICT IS HOME TO
THE MOST MANUFACTURERS IN THE
STATE OF CALIFORNIA, WITH OVER
900 MANUFACTURERS. WHEN WE TALK
ABOUT BUILDING THE WORKFORCE AND
ENSURING THAT EVERY SINGLE
CALIFORNIAN IS ABLE TO GET A
JOB, THEY NEED THE SKILL SET TO
DO SO. AND THIS IS THE WAY
FORWARD. I WOULD LIKE TO
INTRODUCE MY WITNESSES, VINCE
SUGRUE FROM SHEET METAL WORKERS
UNION LOCAL 104 AND ELMER
LIZARDI, CALIFORNIA LABOR
FEDERATION. THANK YOU. THANK YOU
SO MUCH, CHAIR MEMBERS AGAIN,
ELMER LOZADA WITH THE CALIFORNIA
LABOR FEDERATION, THE FEDERAL
GOVERNMENT IS MAKING HISTORIC
INVESTMENTS IN INFRASTRUCTURE
AND CLIMATE PROJECTS. AS THE
SENATOR MENTIONED, BRINGING
BILLIONS OF DOLLARS WORTH OF
PROJECTS TO THE STATE. BUT TO
MAKE THOSE PROJECTS A REALITY,
CALIFORNIA NEEDS A HIGHLY
SKILLED WORKFORCE TRAINED IN
APPROPRIATE CRAFTS IN EVERY
REGION. SB 1321 HELPS ACCOMPLISH
THESE GOALS BY UPDATING LABOR
STANDARDS ON EMPLOYMENT TRAINING
PANEL FUNDS TO PRIORITIZE THE
HIGHEST QUALITY TRAINING
PROGRAMS AND INCREASE IN
ACCOUNTABILITY AND TRANSPARENCY
IN THE ETP APPLICATION AND
AWARDS PROCESS. CURRENT ETP
REQUIREMENTS NEED UPDATING TO
ENSURE THAT THE TRAINING
PROGRAMS RESULT IN HIGH WAGE,
HIGH SKILLED JOBS BY
PRIORITIZING THE HIGHEST QUALITY
TRAINING PROGRAMS LIKE DOSE
APPROVED APPRENTICESHIPS, WE CAN
ENSURE THAT THEY WILL. ETP CAN
ALSO AVOID WASTING SCARCE PUBLIC
RESOURCES BY FUNDING TRAINING
THAT DOES NOT DUPLICATE EXISTING
PROJECTS. AND LIKE SENATOR WAHAB
MENTIONED, THIS IS ESPECIALLY
CRITICAL DURING TOUGH BUDGET
CYCLES WHEN WE ARE TRYING TO
MAXIMIZE EVERY PUBLIC DOLLAR.
FINALLY, TRANSPARENCY OBVIOUSLY
IS A KEY ELEMENT OF OUR PUBLIC
AGENCIES, AND THE PUBLIC SHOULD
BE ALLOWED THE ADEQUATE TIME TO
PROVIDE MEANINGFUL INPUT TO THE
PANEL WHENEVER FUNDS ARE BEING
AWARDED. SO ALL IN ALL, SB 1321
1321 WILL INCREASE TRANSPARENCY,
ACCOUNTABILITY AND PUBLIC
ENGAGEMENT WHILE HELPING THE
STATE PAVE A WAY TO THE MIDDLE
CLASS FOR WORKERS EVERYWHERE.
THIS BILL WILL HELP ETP MEET ITS
INTENDED GOALS OF FUNDING
TRAINING FOR SECURE, HIGH WAGE,
HIGH SKILL JOBS AND DEVELOPING
CAREER PATHS IN KEY INDUSTRIES
IN CALIFORNIA. THANK YOU SO MUCH
AND I ASK FOR YOUR. I VOTE WHEN
THE TIME COMES. THANK YOU SO
MUCH. HONORABLE MEMBERS OF THE
ASSEMBLY LABOR COMMITTEE. MY
NAME IS VINCE SUGRUE AND I
REPRESENT 10,000 HARD WORKING
MEMBERS AND THEIR FAMILIES FOR
SHEET METAL WORKERS LOCAL 104,
IN NORTHERN CALIFORNIA. WE ARE
HERE IN STRONG SUPPORT OF THE
BILL AND WANT TO THANK SENATOR
WAHAB FOR BRINGING THIS FORWARD
THIS AFTERNOON. THIS BILL IS
ABOUT MAXIMIZING USING THE
TAXPAYER FUNDING THAT WE SEE IN
ETP PROGRAMS AND PRIORITIZING
THE HIGH ROAD PROGRAMS THAT WE
SEE COME THROUGH ETP AND
ENCOURAGING FURTHER HIGH ROAD
EMPLOYER PARTICIPATION. WE ARE
SEEKING TO CORRECT CURRENT
ISSUES THAT WE SEE CURRENTLY TO
INCREASE TRANSPARENCY. AND I'LL
GIVE A FEW DIFFERENT EXAMPLES OF
WHAT THIS BILL DOES. SO THE
FIRST, WE HAVE AN ISSUE RIGHT
NOW WHERE WE CANNOT CURRENTLY
WHEN WE LOOK AT AN APPLICATION,
WE DON'T KNOW WHAT EMPLOYERS ARE
PAYING WHEN IT COMES TO HEALTH
CARE AND RETIREMENT BENEFITS. SB
1321 WILL FIX THAT AND WILL SHOW
TRANSPARENCY IN THAT. THE SECOND
PIECE, THERE ARE CONTRACTORS WHO
HAVE RECEIVED CIVIL WAGE AND
PENALTY ASSESSMENTS AND HAVE
VIOLATED THE CALIFORNIA LAW, WHO
HAVE APPLIED FOR ETP FUNDING AND
HAVE RECEIVED FUNDING. THIS WILL
MAKE SURE THAT IF THERE'S A
PENALTY THAT'S BEEN UNABATED,
THAT AT THAT TIME THEY WILL NOT
BE ABLE TO APPLY FOR AN
APPLICATION. THE THIRD PIECE IS
IN ADDITION TO VETERAN HIRING
AND WHAT EMPLOYERS ARE DOING TO
OUTREACH TO VETERANS, WHICH IS
INCREDIBLY IMPORTANT. WE WANT TO
MAKE SURE TO INCLUDE
MARGINALIZED AND
UNDERREPRESENTED COMMUNITIES TO
MEET EQUITY GOALS. AND THEN
FOURTH, IT'S VERY IMPORTANT.
RIGHT NOW, THERE IS A SEVEN DAY
WINDOW OF WHEN THE PUBLIC SEES
WHO THE APPLICANTS ARE COMING
FORWARD, WHICH IS VERY LITTLE
TURNAROUND TIME TO ACTUALLY
ASSESS AN APPLICATION. OTHER
AGENCIES HAVE 30 DAYS. THIS
WOULD MATCH THE OTHER AGENCIES
AT A 30 DAY PERIOD. SO THESE ARE
JUST SOME OF THE EXAMPLES OF THE
GUARDRAILS THAT WE THINK ARE
INCREDIBLY IMPORTANT, ESPECIALLY
IN THIS TOUGH FISCAL YEAR. SO WE
ASK FOR YOUR SUPPORT. THANK YOU
SO MUCH. THANK YOU. DO WE HAVE
ADDITIONAL WITNESSES IN SUPPORT
AT. CHAIR. THANK YOU, MADAM
CHAIR. MEMBERS AND STAFF MITCH
STEIGER WITH CFT, A UNION OF
EDUCATORS AND CLASSIFIED
PROFESSIONALS, URGE YOUR SUPPORT
. FRANKIE GRACIE WITH THE BLUE
GREEN ALLIANCE AND SUPPORT. GOOD
AFTERNOON, MATT CRIMMINS
OPERATING ENGINEERS IN SUPPORT
FATIMA IQBAL ZUBAIR WITH
CALIFORNIA ENVIRONMENTAL VOTERS
IN SUPPORT IS ONE OF OUR TOP
PRIORITY BILLS. THANK YOU, MADAM
CHAIR. MEMBERS. MIKE WEST, ON
BEHALF OF THE STATE BUILDING
TRADES AND SUPPORT. MADAM CHAIR
MEMBERS, LOUIE ACOSTA WITH SMART
TRANSPORTATION IN STATE
LEGISLATOR BOARD IN SUPPORT.
MITCHELL BECHTEL, DISTRICT
COUNCIL OF IRONWORKERS IN
SUPPORT. GOOD AFTERNOON, MICHAEL
MARK WITH THE SAN JOAQUIN COUNTY
BUILDING TRADES 10,000 MEMBERS
IN SUPPORT. THANK YOU. GOOD
AFTERNOON. CHAIR AND MEMBERS.
MARK MCDONALD WITH UPSKILL
CALIFORNIA, A COMMUNITY COLLEGE
WORKFORCE TRAINING
COLLABORATIVE. WE ACTUALLY DON'T
HAVE A POSITION, WE HAVE SOME
CONCERNS WITH HOW THE BILL WOULD
IMPACT COMMUNITY COLLEGE
PROGRAMS. WE'VE SUBMITTED A
LETTER TO THE AUTHOR AND THE
COMMITTEE AND LOOK FORWARD TO
WORKING AS WE MOVE FORWARD.
THANK YOU. DO WE HAVE ANY MAIN
WITNESSES IN OPPOSITION?
MADAM CHAIR AND MEMBERS, CHRIS
BOLLINGER, ON BEHALF OF THE
SACRAMENTO ASIAN CHAMBER OF
COMMERCE, AS WELL AS THE
CALIFORNIA ASIAN CHAMBER OF
COMMERCE, HAVE TREMENDOUS
RESPECT FOR THE AUTHOR.
UNFORTUNATELY, HERE IN
OPPOSITION TODAY, WE FEEL VERY
STRONGLY THAT THE EMPLOYMENT
TRAINING PANEL IS THE PREEMINENT
WORKFORCE DEVELOPMENT PROGRAM IN
THE STATE OF CALIFORNIA. WE
THINK THAT IT'S FUNCTIONING AS
IS. AND THE REASON IT'S
FUNCTIONING IS IT BRINGS
TOGETHER THREE IMPORTANT LEGS OF
THE STOOL. THOSE LEGS ARE
GOVERNMENT, LABOR AND BUSINESS.
UNFORTUNATELY, THIS BILL UPENDS
THE PROGRAM. IT REMOVES ONE OF
THOSE LEGS OF THE STOOL. AND IN
REMOVING BUSINESS, YOU'RE
REMOVING THE LEG THAT ACTUALLY
FUNDS THE PROGRAM THROUGH THE
EMPLOYMENT TRAINING TAX. EVERY
COMPANY IN THE STATE OF
CALIFORNIA THAT PAYS W-2 WAGES
PAYS INTO THE EMPLOYMENT
TRAINING TAX. AND WHILE, THIS
BILL DOES NOT PROHIBIT COMPANIES
FROM APPLYING TO ETP, WHAT IT
DOES IS IT GIVES PREFERENTIAL
TREATMENT, TO LABOR, TO
APPRENTICESHIPS SUCH THAT WHEN
YOU HAVE A FINITE AMOUNT OF
RESOURCES AND AN OVERSUBSCRIBED
PROGRAM, THERE WILL BE NO FUNDS
LEFT TO ADMINISTER. AND THE END
RESULT IS COMPANIES WILL BE LEFT
OUT IN THE COLD. SO IF YOU ARE A
FAN OF AEROSPACE OR A FAN OF
LIFE SCIENCES OR A FAN OF
MANUFACTURING, WE'RE ASKING FOR
A NO VOTE TODAY. THANK YOU. GOOD
AFTERNOON, SENATOR WAHAB.
MEMBERS OF THE ASSEMBLY, LABOR
AND EMPLOYMENT COMMITTEE, MY
NAME IS PHILIP HERRERA. I AM THE
MANAGING PARTNER AT HERRERA
COMPANY. WE SPECIALIZE IN
SECURING ETP FUNDING AND OTHER
GO-BIZ INCENTIVE FOR EMPLOYERS
IN CALIFORNIA'S LIFE SCIENCE AND
SEMICONDUCTOR INDUSTRIES. SINCE
MY EARLY DAYS AS AN ED TAX
AUDITOR AND AN ETP ANALYST IN
SILICON VALLEY, AND THROUGH THE
FOUNDING OF MY FIRM, IN THE
EARLY 90S, I HAVE BEEN DEEPLY
INVOLVED WITH ETP. I'M HERE
TODAY TO EXPRESS MY OPPOSITION
TO SENATE BILL 1321, WHICH WOULD
NARROW THE CRITERIA FOR ETP BY
SEVERELY LIMITING AWARDS TO
ADVANCED MANUFACTURERS. BEFORE I
GO ON, I WANT TO STATE THAT I
ADMIRE SENATOR WAHAB'S
DEDICATION TO UNDERSERVED
COMMUNITIES, HER COMPASSION FOR
THE HOMELESS, AND HER COMMITMENT
TO DIRECTING CALIFORNIA MONIES
ONLY TO TRAINING PROGRAMS TO
CREATE GOOD, HIGH PAYING JOBS.
BUT WHILE THE INTENT OF THE
SENATOR'S BILL IS TO FIX ETP
FLAWED APPLICATION APPROVAL
PROCESS, I URGE YOU TO CONSIDER
ITS BROADER CONSEQUENCES.
CURRENTLY, ETP DESIGNATES 25% OF
ITS ANNUAL BUDGET OF
APPROXIMATELY $100 MILLION FOR
APPRENTICESHIPS AND JOINT
APPRENTICESHIP TRAINING, COUNCIL
TRAINING CONTRACTS. JTC'S THIS
ALLOCATION IS PROVED EFFECTIVE
AS APPRENTICESHIP AND JRTC
CONTRACTS HAVE A SUCCESSFUL
TRACK RECORD WITH THE ETP.
NONETHELESS, SB 1321 WOULD
ESSENTIALLY INCREASE THEIR
ALLOCATION FROM 25% TO OVER 90%
OF AVAILABLE ETP FUNDING
EFFECTIVE SHUTTING DOWN
APPLICATIONS FOR MANUFACTURERS,
COMMUNITY COLLEGES, TECHNICAL
SCHOOLS, AND SMALL BUSINESS. THE
STRENGTH OF ETP SINCE ITS
INCEPTION OVER 40 YEARS AGO LIES
IN ITS MODEL OF LABOR BUSINESS
GOVERNMENT PARTNERSHIP THAT
REWARDS JOB TRAINING AND RESULTS
IN HIGHER SKILLS AND BETTER PAY
FOR WORKERS. PLEASE DO NOT
WEAKEN THIS MODEL OF
COOPERATION. INSTEAD LET'S WORK
TOGETHER ON AMENDMENTS TO THE
BILL THAT PRESERVES THE MISSION
OF ETP. WHILE REPAIRING THE
AGENCY'S APPLICATION APPROVAL
PROCESS. THANK YOU. SENATOR
WAHAB, THANK YOU. JUST TO
ADDRESS A COUPLE OF THINGS.
NUMBER ONE, MY OFFICE AND I ARE
ALWAYS WORKING WITH OPPOSITION,
REGARDLESS OF WHICH TYPE OF
BILL, REGARDLESS OF WHERE WE
STAND ON ANY DISCUSSION. NUMBER
ONE, NUMBER TWO IS THE FACT THAT
THIS DOES NOT EXCLUDE
BUSINESSES. AS AN ASIAN MEMBER
MYSELF, I WORK WITH A LOT OF
ASIAN BUSINESS OWNERS THAT
DEFINITELY WANT TO BE ABLE TO
RECRUIT TOP TALENT, AND THAT IS
A PRIORITY, NUMBER TWO IS THE
FACT THAT LIFE SCIENCES ARE
LARGELY IN SOUTH SAN FRANCISCO
AND IN MY DISTRICT IN THE STATE
OF CALIFORNIA, AND WE WORK VERY
WELL WITH THEM. WE ALSO WANT TO
BE ABLE TO EXPAND THEM. IN MY
DISTRICT, WHICH IS IN THE CENTER
OF THE BAY AREA, AND AT THE SAME
TIME, THE ONLY TYPE OF EXCLUSION
THAT TAKES PLACE IS IF A
BUSINESS HAS VIOLATED, CURRENT
EFFORTS AND SO FORTH, AND HAS
BEEN FOUND TO VIOLATE THAT. WE
ARE ALSO WORKING WITH LANGUAGE
TO ADDRESS ANY OTHER CONCERNS
REGARDING, COMMUNITY COLLEGES
AND MUCH MORE. THANK YOU. DO WE
HAVE ANY ADDITIONAL WITNESSES IN
OPPOSITION? GOOD AFTERNOON,
MICHELLE RUBALCAVA, ON BEHALF OF
ASSOCIATE BUILDERS AND
CONTRACTORS IN OPPOSITION. DEAN
GARFIELD WITH CAPITAL ADVOCACY
HERE ON BEHALF OF THE CALIFORNIA
LIFE SCIENCES IN OPPOSITION TO
1321. THANK YOU. MADAM CHAIR
CHRIS MCCAULEY, ON BEHALF OF THE
LOS ANGELES AREA CHAMBER OF
COMMERCE, IN RESPECTFUL
OPPOSITION. LAWRENCE GAYTAN, ON
BEHALF OF THE CALIFORNIA
MANUFACTURERS AND TECHNOLOGY
ASSOCIATION, OPPOSING AS A
MANUFACTURING BREAKER AND ALSO
OPPOSING ON BEHALF OF THE CAL
CHAMPION. THANK YOU, THANK YOU.
SEEING NO OTHER WITNESSES, I
WILL TURN IT OVER TO THE MEMBERS
FOR QUESTIONS. I HAVE ONE
QUESTION REAL QUICK. YES MAYBE
THE SENATOR CAN ADDRESS IT OR
THE OPPOSITION, I DO HAVE A
LARGE LIFE SCIENCE COMPANY IN MY
DISTRICT. AND, YOU KNOW, AS PART
OF THE AWARD, THE TPS, I'M JUST
CONCERNED THAT, IF COMPANIES
MOVE INTO A DISTRICT AND HAVE
THIS AS PART OF, LIKE, A LARGER
ECONOMIC DEVELOPMENT PLAN,
RIGHT, TO CONTINUE TO ALLOW THEM
TO GROW IN REGIONS LIKE MINE,
WILL THIS BILL HURT THAT? I KNOW
THAT'S NOT THE GOAL OF THIS BILL
. I UNDERSTAND IT'S NOT THE GOAL
WITH OPPOSITION LIKE TO ADDRESS
THAT. SURE, THE, THE BILL WOULD
HURT IT IN THE FOLLOWING WAYS.
SO THE, THE COMPANY BIOTECH
COMPANY IN YOUR DISTRICT REALLY
USED ALL THE GO-BIZ, INCENTIVES
TO MAKE THAT DECISION TO GROW IN
LODI RATHER THAN CHINA OR INDIA.
THE, ONE OF THOSE INCENTIVES WAS
CTP. SO ETP DOES ACT AS AN
ECONOMIC DEVELOPMENT TOOL FOR
THE GOVERNOR. AND IT IS I MEAN,
AT THE END OF THE DAY, THE CHIEF
BENEFICIARY OF ETB FUNDING IS
THE WORKER. BUT THAT'S ONE
ELEMENT THAT I'M CONCERNED
ABOUT. IF WE NARROW THE SCOPE OF
WHO CAN ACTUALLY PARTICIPATE IN
TERMS OF ENROLLEES IN THE
PROGRAM, IT WILL DEFINITELY
REDUCE THE AMOUNT OF THE AWARD
FOR LIFE SCIENCE APPLICANTS.
THANK YOU VERY MUCH, ANY OTHER
QUESTIONS OR COMMENTS? SEEING
NONE, SENATOR, WOULD YOU LIKE TO
CLOSE, BEFORE I CLOSE, I'D LIKE
FOR, ONE OF MY MAIN WITNESSES TO
ADDRESS SOME OF THE CONCERNS
THAT THE ASSEMBLY MEMBER HAD.
YEAH. THANK YOU SO MUCH,
ASSEMBLY MEMBER, FOR BRINGING
THAT UP. I THINK IT'S IMPORTANT
BECAUSE HISTORICALLY WITH ETP,
WHAT WE'VE SEEN IS THERE ARE
PRIORITIES AND SOME PRIORITIES
AROUND MANUFACTURING. THEY'RE
AROUND BUSINESS OR PROGRAMS
BEING DEVELOPED WITH BOTH LABOR
AND MANAGEMENT. THESE ARE JUST
PRIORITIES. THESE EXISTING
CURRENT LAW. NOW WHAT WE'RE
TRYING TO DO IS ADD ADDITIONAL
TRANSPARENCY MEASURES THAT
INCREASE HIGH ROAD EMPLOYERS
BEING THE ONES THAT ARE THE
FOCUS OF THE PRIORITIZATION,
LIFE SCIENCE CAN OFTENTIMES FALL
INTO THIS CATEGORY, AND THE
OPPOSITE, WE SEE A LOT OF
NEGLIGENT EMPLOYERS RECEIVING
TAXPAYER MONEY RIGHT NOW AS A
RESULT AND HAVE HAD OPPOSITION
EVEN ACKNOWLEDGED THAT. SO
THAT'S WHAT THIS IS ABOUT. THANK
YOU. THANK YOU. I APPRECIATE IT.
I JUST WANT TO HIGHLIGHT A
NUMBER OF THINGS. NUMBER ONE,
AGAIN, I STATED CALIFORNIA IS
ONE OF THE LARGEST ECONOMIES IN
THE WORLD. AND WHEN WE COMPETE,
ESPECIALLY IN LIFE SCIENCES,
MANUFACTURING AND MUCH MORE,
WE'RE TALKING ABOUT, FUTURE
BUSINESSES, 21ST CENTURY MODELS,
WHICH I FULLY SUPPORT. I'M VERY
SUPPORTIVE OF TECHNOLOGY AND
MUCH MORE. BUT WE ALSO HAVE TO
COMPETE INTERNATIONALLY, RIGHT?
WE HAVE BEEN STRUGGLING IN SOME
WAYS TO RECRUIT TALENTED AND
SKILLED WORKFORCE IN THESE NEW
21ST CENTURY TECHNOLOGIES AND
INDUSTRIES IN PARTICULAR,
INCLUDING IN MY DISTRICT. AND
THIS BILL PRIORITIZES MAKING
SURE THAT WE PROMOTE THE WORKER,
TRAIN THE WORKER, AND KEEP THE
WORKER. AND THAT'S WHAT THIS
PROGRAM IS ABOUT. SO I
RESPECTFULLY ASK FOR AN AYE
VOTE. WE HAVE A MOTION. DO WE
HAVE A SECOND SECOND SECRETARY,
PLEASE CALL THE ROLL. THE MOTION
IS DUE. PASS TO APPROPRIATIONS.
ORTEGA Ã ORTEGA. AYE. FLORA
FLORA. NO. ALANIS. ALANIS NOT
VOTING. LOWENTHAL. Ã.
LOWENTHAL. AYE. LEE I LEE. AYE.
WARD. ZUBER. ZUBER I THANK YOU.
THE MEASURE IS OUT. THANK YOU,
THANK YOU, THANK YOU.
SENATOR WIENER. OKAY. THANK YOU,
SENATOR WIENER APPRECIATE THAT,
SENATOR SMALLWOOD. CUEVAS. WE
WILL WHENEVER YOU'RE READY, WE
WILL START WITH THE FIRST OF
YOUR THREE BILLS, ITEM NUMBER
EIGHT, SB 1089. 1340. NOW WE'RE
HAVING SECOND THOUGHTS, BUT
THESE ARE FAIRLY SHORT. SO 1340,
THANK YOU SO MUCH. YOU'RE GONNA
START WITH 1340. IS THAT FINE?
YEAH. SO ITEM NUMBER NINE SB
1340. THANK YOU SO MUCH, MADAM
CHAIR. AND THANK YOU. ASSEMBLY
MEMBERS, FOR MAKING SPACE FOR
ME. I AM THRILLED TO PRESENT SB
1340, WHICH IS REALLY A CLEAN UP
BILL REPRESENTING A LOT OF OUR
WORK LAST YEAR WHERE THE STATE
LEGISLATURE AND THE GOVERNOR
SIGNED SB 150, WHICH GUIDES THE
STATE'S USE OF INCOMING FEDERAL
FUNDING TO BUILD OUR GREEN
INFRASTRUCTURE WHILE ENSURING
THAT WE DO THIS WITH FAIR LIVING
WAGES AND EQUITABLE COMMUNITY
BENEFITS. THIS INCLUDES THE
INFRASTRUCTURE INVESTMENT AND
JOBS ACT, THE IIJA, THE
INFLATION REDUCTION ACT, THE
CHIPS AND SCIENCE ACT FOR
WORKFORCE DEVELOPMENT. ALL OF
THIS ENSURING THAT JOBS CREATED
BY THESE DOLLARS ARE GOOD AND
THAT ALL CALIFORNIANS HAVE
ACCESS TO THEM, ACCORDING TO THE
GOVERNOR'S PRESS RELEASE. SB 150
WAS SIGNED TO ENSURE THAT AN
ESTIMATED AMOUNT OF ABOUT $180
BILLION WOULD BE COMING THROUGH
THE STATE THROUGH THESE VARIOUS
STREAMS OF REVENUE, CREATING
TENS OF THOUSANDS OF JOBS ACROSS
OUR STATE. PRESIDENT BIDEN'S
GUIDELINES CALL FOR CALIFORNIA
TO BE COMPETITIVE, AND TO BE
COMPETITIVE MEANS THAT WE FOLLOW
THE PRESIDENT'S STANDARDS FOR A
GENDER AND RACIAL EQUITY, SET
ASIDES THAT ENSURE THAT WE ARE
ATTRACTING AND BRINGING
UNDERREPRESENTED POPULATIONS
INTO THESE FUTURE CAREERS WAS IN
A YEAR WHERE WE FACE A
TREMENDOUS BUDGET DEFICIT. IT IS
CRITICAL THAT WE ENSURE THAT
THESE INCOMING DOLLARS ARE
MULTIPLIERS, THAT THEY CREATE
GOOD JOBS WITH REAL LABOR
STANDARDS, AND THAT WE MAXIMIZE
THE OPPORTUNITY FOR
UNDERREPRESENTED POPULATIONS TO
WORK ON THEM. AND MORE
IMPORTANTLY, WE AS LEGISLATORS
WANT TO MAKE SURE WE HAVE SOME
RECEIPTS, RIGHT? WHEN WE HAVE
THESE INVESTMENTS, WE WANT THEM
TO BE MULTIPLIERS. WE WANT TO BE
ABLE TO MEASURE THAT OUR DOLLARS
REALLY DID UPLIFT THE
COMMUNITIES THAT WE CARE ABOUT
THE MOST. AND SB 1340 AUTHORIZES
THE CIVIL RIGHTS DEPARTMENT TO
PARTNER WITH LOCAL AGENCIES TO
INVESTIGATE AND ENFORCE CASES OF
EMPLOYMENT DISCRIMINATION. IT
ALSO ENSURES THAT THE HIGH
VOLUME OF COMPLAINTS THAT ARE
COMING INTO OUR DEPARTMENT,
WHICH HAS CAUSED A BACKLOG FOR
DEPARTMENT THAT IS UNDERSTAFFED
AND OVERBURDENED, THAT WE BUILD
PARTNERSHIPS WITH LOCAL CIVIL
RIGHTS ENFORCEMENT AGENCIES TO
BE ABLE TO ADDRESS THESE CLAIMS,
TO MAKE SURE THAT WORKERS ARE
MADE WHOLE AND TO PREPARE FOR
WHAT WILL BE AN INCREASED LEVEL
OF LOAD AS THESE BILLIONS OF
DOLLARS COME INTO OUR STATE.
COMING TO CALIFORNIA, WE KNOW
THAT THESE JOBS ARE GOING TO BE
A TOTAL ASSET FOR COMMUNITIES,
BUT ONLY WORKERS ACCESS WILL
DEPEND ON WHAT KIND OF
PARTNERSHIPS OUR CIVIL RIGHTS
DEPARTMENT HAS TO ENSURE THAT
ALL CALIFORNIA UNIONS GET ACCESS
TO OPPORTUNITY. THIS BILL WILL
GIVE POLICY MAKERS A BETTER
OPPORTUNITY, A BETTER VISION OF
ACCOUNTABILITY AND TRANSPARENCY
IN THE SYSTEM. IT IS ESPECIALLY
IMPORTANT THAT OUR EMPLOYMENT
DEMOGRAPHIC DATA BE EXPANDED TO
ENSURE THAT WE CAN CONSIDER
DISADVANTAGED POPULATIONS, AS
WELL AS RACE AND GENDER, AND TO
TRACK IN REAL TIME. CALIFORNIANS
ACCESS TO THESE OPPORTUNITIES,
THIS IS CRITICALLY IMPORTANT IN
OUR COUNTRY NOW WHERE OUR
ECONOMY IS STRONG, BUT WHEN WE
LOOK AT THE UNEMPLOYMENT
NUMBERS, 90% OF THOSE UNEMPLOYED
IN THIS NATION ARE BLACK. SO WE
HAVE A PARTICULAR FOCUS IN
ENSURING THAT ALL
UNDERREPRESENTED POPULATIONS GET
ACCESS TO THESE DOLLARS. 1314
SPECIFIES THAT OUR TRACKING AND
REPORTING WILL ALSO INCLUDE
TRACKING THINGS LIKE GROUPS THAT
ARE AT RISK OF HOMELESSNESS,
MAKING SURE SINGLE PARENTS AND
FORMERLY INCARCERATED
CALIFORNIANS ALSO ARE
PRIORITIZED IN THE OPPORTUNITY.
AND LASTLY, SB 1340 WOULD
ESTABLISH A PUBLIC
INFRASTRUCTURE TASK FORCE MADE
UP OF COMMUNITY, LABOR AND
WORKFORCE EXPERTS TO ACT AS
INTERMEDIARIES BETWEEN STATE
CONTRACTORS AND AGENCIES TO
ENSURE STRENGTHENED RECRUITMENT,
RETENTION AND PROTECTION OF
THESE VULNERABLE WORKERS. SB
1340 ENSURES THAT THESE DOLLARS
AND THESE JOBS REACH OUR MOST
DISADVANTAGED COMMUNITIES AND IS
A POVERTY, ENDING MEASURE. AND
WITH THAT, I RESPECTFULLY ASK
FOR YOUR AYE VOTE. I HAVE WITH
ME, MY WITNESS, SARAH FOX, WITH
THE CALIFORNIA LABOR FEDERATION
TO SPEAK ON THE NEED OF THIS
BILL. THANK YOU, MADAM CHAIR.
MEMBER SARA FLOCKS, CALIFORNIA
LABOR FEDERATION, AND WE'D LIKE
TO THANK THE AUTHOR FOR HER WORK
ON BOTH SB 150 AND THIS BILL. WE
WERE A PART OF THE SB 150
STAKEHOLDER MEETINGS THAT
RESULTED IN A REPORT TO THE
LEGISLATURE. AND ONE OF THE
RECOMMENDATIONS THAT CAME
THROUGH LOUD AND CLEAR AND WAS
REPEATED BY NUMEROUS OF THE
STAKEHOLDERS, WAS THE NEED FOR
LABOR STANDARDS WITH COMMUNITY
BENEFITS ON THE BILLIONS OF
DOLLARS THAT ARE FLOODING INTO
THE STATE FOR INFRASTRUCTURE AND
CLEAN ENERGY. AND THOSE
COMMUNITY BENEFITS INCLUDED BOTH
A COMMITMENT TO RACIAL AND
GENDER EQUITY IN ACCESS TO THESE
JOBS, BUT ALSO A COMMITMENT TO
RECRUIT, HIRE AND RETAIN WORKERS
FROM MARGINALIZED AND
DISADVANTAGED COMMUNITIES AND
THE COMMUNITIES HARDEST HIT BY
THE CLIMATE CRISIS. AND THIS IS
IN LINE WITH THE FEDERAL
REQUIREMENTS. ARE THERE ALSO WAS
A REAL NEED, ECHOED BY A NUMBER
OF GROUPS WHO ARE IN THIS ROOM
FOR TRANSPARENCY, DATA TRACKING
AND JUST TRACKING OF THE
PROJECTS SO THAT WE WOULD HAVE
AN ABILITY TO HAVE
ACCOUNTABILITY TO KNOW THESE
DOLLARS ARE BEING SPENT TO BUILD
THE PROJECTS THEY WERE COMMITTED
TO AND TO MEET THE LABOR
STANDARDS, AND TO SEE THE ACTUAL
HIRING AND PROMOTION OF THE
COMMUNITIES THAT ARE IN
COMMUNITY BENEFITS. AND SO THIS
BILL IS A HUGE STEP IN THAT
DIRECTION. IT ESTABLISHES A
CENTRALIZED DATABASE. I MEAN,
THIS IS WE'RE TALKING ABOUT $180
BILLION COMING IN THROUGH DOZENS
OF DEPARTMENTS, HUNDREDS OF
DIFFERENT FUNDING SOURCES. TAX
CREDITS GRANTS. IT IS AN
OVERWHELMING AMOUNT OF PUBLIC
DOLLARS THAT ARE GOING TO BE
SPENT. IT'S HISTORIC AND WE NEED
TO HAVE NOT JUST THE ABILITY TO
SAY THESE SHOULD CREATE GOOD
JOBS, GOOD UNION JOBS THAT
BENEFIT ALL CALIFORNIANS. WE
HAVE TO BE ABLE TO TRACK THAT,
AND WE HAVE TO BE ABLE TO KNOW
WHO ARE GETTING THESE JOBS AND
WHAT IS THE QUALITY OF THE JOBS.
THIS IS A BILL THAT SETS UP THAT
STRUCTURE, AND SO FOR THOSE
REASONS ALONE AND MANY OTHER
PROVISIONS OF THE BILL, WE URGE
YOUR SUPPORT. THANK YOU, THANK
YOU. DO WE HAVE ANY ADDITIONAL
WITNESSES IN SUPPORT? MARIKO
YOSHIHARA, ON BEHALF OF THE
CALIFORNIA COALITION FOR WORKER
POWER AND SUPPORT, MADAM CHAIR,
MEMBERS MIKE WEST, ON BEHALF OF
THE STATE BUILDING TRADES AND
SUPPORT, FERNANDO OCHOA, SHEET
METAL WORKERS LOCAL 105, IN
SUPPORT. JASSI GREWAL, UFCW,
WESTERN STATES COUNCIL IN
SUPPORT KENNY CHOW WITH THE
CALIFORNIA TEACHERS ASSOCIATION
IN SUPPORT. MARK ELLIS, CWA
LOCAL 9413. WE FULLY SUPPORT
THIS BILL. DO WE HAVE ANY
WITNESSES IN OPPOSITION? THÀNH.
MADAM CHAIR MEMBERS SCOTT.
GOVERNOR, ON BEHALF OF THE
CONSTRUCTION EMPLOYERS
ASSOCIATION, WE ARE THE LARGEST
UNION SIGNATORY BUILDING
CONTRACTORS IN THE STATE. I JUST
FIRST WANT TO TALK ABOUT HOW OUR
WORKERS ARE HIRED. WE REQUEST
WORKERS FROM HIRING HALLS. THEY
ARE DISPATCHED TO US. WE ARE NOT
SELECTING THESE WORKERS. AND
MORE OFTEN THAN NOT, ALL OF YOU
ARE SETTING THE RULES FOR HOW
THOSE WORKERS ARE DISPATCHED.
SKILLED AND TRAINED WORKFORCE,
FOR EXAMPLE, IS INHERENTLY
RESTRICTIVE IN TERMS OF WHO CAN
BE DISPATCHED TO OUR JOB SITE AS
OR PLAN. SO, YOU KNOW, THIS IDEA
THAT OR SUGGESTION THAT
EMPLOYERS ARE PICKING AND
CHOOSING WORKERS, IT'S REALLY
NOT THE CASE. THE UNIONS ARE
DISPATCHING THOSE WORKERS TO US
BASED ON RULES. YOU ESTABLISH AS
IT RELATES TO OUR WORKERS. THIS
BILL WILL REQUIRE US TO ASK OUR
CARPENTERS AND LABORERS EVERY
SINGLE MONTH. RIGHT NOW, WE DO
IT ANNUALLY. YOUR HOUSEHOLD
INCOME, WHETHER YOU WANT TO
EMANCIPATED FOSTER YOUTH,
WHETHER YOU HAVE A HISTORY OF
CHRONIC UNEMPLOYMENT, LEVEL OF
EDUCATION, OR YOU INCARCERATED,
DO YOU RECEIVE PUBLIC ASSISTANCE
? ARE YOU A CUSTODIAL SINGLE
PARENT? WE HAVE TO ASK OUR
WORKERS THIS QUESTION EVERY
MONTH, AND IF WE GET A 2%
RESPONSE RATE, WHICH I ASSUME
MAY BE HIGH, WE HAVE TO DO A
REPORT TO THE CIVIL RIGHTS
DEPARTMENT EVERY MONTH, AND
THEY'RE GOING TO TAKE THAT
INCOMPLETE DATA AND COME UP WITH
RECOMMENDATIONS ON POLICIES
BASED ON DATA THAT IS INHERENTLY
FLAWED. IF WE DON'T SUBMIT A
REPORT, IF WE GET ZERO
RESPONSES, WE'RE STILL LIABLE
FOR $100 PER DAY PENALTY. THE
OTHER ELEMENT TO POINT OUT IS
THIS BILL THEN TASKED DIR WITH
COMING UP WITH A TASK FORCE.
THERE HAVE BEEN COUNTLESS BILLS
THIS YEAR, INCLUDING BY THE
CHAIR AND ASSEMBLY MEMBER
SCHIAVO, KIND OF COMPLAINING
ABOUT DÍAS WORKLOAD. SO LET'S
GIVE THEM MORE. SAME THING WITH
THE CIVIL RIGHTS DEPARTMENT. I
MEAN, THE WHOLE PURPOSE OF THE
LOCAL CONTROL IS THAT THEY ARE
OVERBURDENED. SO LET'S GIVE THEM
MORE TO DO. SO, YOU KNOW, WE
HAVEN'T OPPOSED UNLESS AMENDED,
WE THINK SECTION FOUR SHOULD BE
REMOVED. WITH THAT WE WOULD
REMOVE OUR OPPOSITION. THANK YOU
. DO WE HAVE ADDITIONAL COMMENTS
IN OPPOSITION? THANK YOU, MADAM
CHAIR. TODD BLUMSTEIN FOR THE
SOUTHERN CALIFORNIA CONTRACTORS
ASSOCIATION IN OPPOSITION. THANK
YOU. MADAM CHAIR MEMBERS, BRETT
BARROW WITH THE CALIFORNIA
LEGISLATIVE CONFERENCE OF THE
PLUMBING, HEATING, PIPING
INDUSTRY, THE NATIONAL
ELECTRICAL CONTRACTORS
ASSOCIATION, THÀNH, UNITED
CONTRACTORS IN THE WESTERN LINE
CONSTRUCTORS OPPOSE UNLESS
AMENDED. THANK YOU. DO WE HAVE
ANY COMMENTS OR QUESTIONS FROM
THE MEMBERS? WHICH DO YOU LIKE
TO CLOSE OR DO YOU HAVE ANY
ADDITIONAL. THANK YOU SO MUCH,
MADAM CHAIR. AND MY OFFICE IS
ALWAYS AND HAS BEEN WORKING WITH
OPPOSITION TO ADDRESS ANY
CONCERNS. YOU KNOW, I JUST WANT
TO CLOSE BY ADDRESSING SOME OF
THE POINTS MADE BY THE
OPPOSITION, AT THE END OF THE
DAY, IT IS THE CONTRACTOR THAT
HIRES AND FIRES WORKERS. IT IS
THE SUPERINTENDENT WHO IS THE
STAFF OF THE CONTRACTOR THAT
MAKES THOSE DECISIONS. AND SO
CERTAINLY DISPATCH HAPPENS. BUT
WHEN IT COMES TO WHO IS HIRED,
IT IS THE CONTRACTORS
RESPONSIBILITY, SO I WANT TO
JUST ADDRESS THAT. THE OTHER
THING IS, YOU KNOW, THIS IS A
PROCESS BY WHICH WHEN YOU TALK
ABOUT EMANCIPATED FOSTER YOUTH,
THOSE AT RISK OF BEING HOMELESS,
THOSE WHO ARE FORMERLY
INCARCERATED, WE JUST WENT
THROUGH ONE OF THE MOST
DEVASTATING DEFICITS IN OUR
STATE'S HISTORY. AND THESE ARE
INDIVIDUALS WHO ARE IN OUR
SAFETY NET, WHERE WE ARE HAVING
TO BALANCE THE BUDGET BECAUSE WE
HAVE SO MANY OF THESE
COMMUNITIES THAT ARE IN THESE
CATEGORIES. IN THE SUBSIDY
COLUMN. AND NOW WE WANT TO MOVE
THEM INTO SELF-SUFFICIENCY, INTO
GOOD JOBS, ACTUALLY HELPING TO
REDUCE OUR DEFICIT SO THAT WE
CAN INVEST MORE IN
INFRASTRUCTURE. AND SO THIS IS A
REVENUE GENERATING OPPORTUNITY
BECAUSE WE WILL BE PUTTING THOSE
INDIVIDUALS TO WORK INTO GOOD
JOBS AND QUITE HONESTLY, SO MUCH
OF THIS REPORTING, IS HAPPENING
IN JURISDICTIONS LIKE L.A.
COUNTY, SACRAMENTO COUNTY,
CENTRAL VALLEY AREA. SO THESE
REPORTING METHODS ARE WELL
KNOWN. THEY ARE HAVE BEEN
WORKING AND THESE ARE PROVEN
APPROACHES THAT HELP US DO
NGUYEN NGUYEN, WHICH IS BUILD
THE INFRASTRUCTURE WE NEED, BUT
ALSO ADDRESS POVERTY AND THOSE
MOST DISADVANTAGED, THOSE MOST
UNDERREPRESENTED, AND THOSE MOST
HISTORICALLY LEFT OUT OF
INFRASTRUCTURE OPPORTUNITIES.
THIS IS THIS IS A ONCE IN A
LIFETIME INVESTMENT. AS MY, MY
GOOD, WITNESS, MENTIONED, AND WE
CAN'T LET IT SLIP THROUGH OUR
FINGERS BECAUSE WE KNOW $180
BILLION WILL SKIP RIGHT OVER
BLACK AND BROWN AND POOR PEOPLE.
WE'VE SEEN IT EVERY DAY. THIS IS
HOW WE GET THE RECEIPTS TO MAKE
SURE THOSE FOLKS ARE INCLUDED IN
THE OPPORTUNITY. K¾T AND I
RESPECTFULLY ASK FOR YOUR. I
VOTE WITH THAT. I WOULD LIKE TO
MAKE A COMMENT. I JUST WANT TO
THANK YOU FOR BRINGING THIS BILL
FORWARD. AS WAS MENTIONED, I
ALSO HAVE SEVERAL BILLS AND HAVE
MADE, REQUESTS FOR DATA. WE ARE
A BODY THAT WORKS BASED ON DATA
AND RESULTS IN OVER. IN ORDER
FOR US TO MOVE OUR POLICIES, WE
CANNOT CONTINUE TO SPEND
MILLIONS IF NOT BILLIONS OF
DOLLARS ON PROGRAMS WHEN WE DO
NOT HAVE RESULTS OR WHEN WE DO
NOT HAVE DATA THAT GIVES US OR
PROVIDES US A GUIDE TO SEE
WHETHER OR NOT THOSE PROGRAMS
ARE EVEN WORKING. AND SO IF THAT
IS CONSIDERED COMPLAINING, THEN
SIGN ME UP BECAUSE I WILL
CONTINUE TO COMPLAIN AND ASK
QUESTIONS UNTIL I GET DATA. THAT
PROVIDES ME A GUIDELINE TO GET
THOSE RESULTS THAT THE STATE OF
CALIFORNIA NOT ONLY DESERVES,
BUT DEMANDS OF US AS
LEGISLATORS. AND WITH THAT, I
WILL REQUEST FOR A MOTION FOR A
MOVE. SECOND SECRETARY, PLEASE
CALL THE ROLL. THE MOTION IS
DUE. PASS TO JUDICIARY
COMMITTEE. I Þ ORTEGA, I ORTEGA
I LET ME MAKE THAT CLEAR. I
FLORA FLORA. NO. ALANIS. ALANIS.
NO. LOWENTHAL I LOWENTHAL, I LI
LEE I WARD. ZUBER. ZUBER I THAT
MOTION IS OUT. THANK YOU, THANK
YOU WHICH 1446 OKAY. WE WILL NOW
MOVE TO ITEM NUMBER TEN SB 1446.
THANK YOU, MADAM CHAIR. AND
AGAIN, GOOD AFTERNOON. I AM
PLEASED TO PRESENT SB 1446, THE
RETAIL THEFT PREVENTION AND SAFE
STAFFING ACT. SB 1446 WILL
PROTECT WORKERS AND THE PUBLIC
BY ENSURING SAFE STAFFING LEVELS
AT STORES WHICH UTILIZE
SELF-CHECKOUT AND ENSURE WORKERS
AND CONSUMERS ARE NOTIFIED WHEN
EMPLOYERS ADOPT CONSEQUENTIAL
WORKPLACE WORKPLACE TECHNOLOGIES
, AS AMENDED. THIS BILL WOULD
REQUIRE LARGE RETAILERS AND
GROCERY STORES TO ENACT SAFE
STAFFING MEASURES, INCLUDING AND
ENSURING AT LEAST ONE MANUAL
CHECKOUT LANE IS OPEN BEFORE
SELF CHECKOUT AT STANDS,
REQUIRING STAFFING RATIOS OF
TWO. SELF CHECKOUT STANDS UNDER
THE SUPERVISION OF A SINGLE
EMPLOYEE, REQUIRING THAT IT ONLY
BE THE POLICY OF THE STORE TO
ADOPT A 15 ITEM OR FEWER PER,
LIMIT, BUT DOES NOT REQUIRE
WORKERS TO POLICE CUSTOMERS. AND
FINALLY REQUIRING EMPLOYERS TO
NOTIFY THEIR WORKERS AND
CONSUMERS WHEN THEY ADOPT
SPECIFIED TECHNOLOGIES. AND
IMPORTANTLY, THESE AMENDMENTS DO
NOT DO NOT APPLY TO WAREHOUSES
IN RECENT YEARS. AUTOMATE AND
OUR RETAIL, GROCERY AND DRUG
STORES HAVE DRAMATICALLY CUT
WORKERS, CONTRIBUTING TO THE
CHRONIC UNDERSTAFFING IN OUR
STORES AND SAFETY FOR ALL
CONSUMERS AND WORKERS ALIKE.
LEÓN FRONT-LINE CLERKS ARE
FORCED TO SERVE CUSTOMERS WHILE
MONITORING SEVERAL SELF-CHECKOUT
STANDS, LEAVING THESE STORES
EASY TARGETS FOR THEFT AND
WORKPLACE VIOLENCE. ALL THE
WHILE, RETAILERS CONTINUE TO
EXPRESS CONCERN ABOUT RISING
RATES OF THEFT IN OUR
COMMUNITIES. MANY RETAILERS HAVE
THEMSELVES ACKNOWLEDGED THE
CHALLENGES OF SELF-CHECKOUT AND
HAVE EITHER LIMITED OR REMOVED
THEM ALL TOGETHER. THE CEO OF
DOLLAR GENERAL, WHICH HAS
REMOVED ALL SELF-CHECKOUT FROM
THOUSANDS OF THEIR STORES, HAS
STATED THERE IS TRULY NO
SUBSTITUTE FOR AN EMPLOYEE
PRESENCE AT THE FRONT END OF THE
STORE TO GREET CUSTOMERS AND TO
PROVIDE EXCELLENT CUSTOMER
SERVICE, INCLUDING CHECKOUT. IN
A STATEMENT REGARDING THE CLOSER
CLOSURE, SELF-CHECKOUT AT MANY
OF THEIR STORES, SAFEWAY NOTED
THAT THE MOVE WAS MADE IN
RESPONSE TO AN INCREASING AMOUNT
OF THEFT. APPROXIMATELY 20
MILLION AMERICAN ÓRDENES HAVE
STOLEN FROM SELF-CHECKOUT, WITH
ANOTHER 9 MILLION SAYING THEY
PLAN TO DO IT AGAIN. 16 TIMES
MORE ITEMS ARE STOLEN FROM
SELF-CHECKOUT OUT. THIS IS A
PROBLEM UPSTREAM, NOT JUST
DOWNSTREAM IN OUR COMMUNITIES,
AS WE SEE SOME OF OUR RETAIL
THEFT BILLS, MOVING FORWARD,
THESE KIOSKS ALONE CAUSE FOUR
TIMES MORE SHRINKAGE THAN
TRADITIONAL CASHIERS AND COST
RETAILERS ABOUT $10 BILLION
ANNUALLY IN LOST REVENUE. THE
THEFT FROM SELF-CHECKOUT STANDS
CAN BE INTENTIONAL, WITH PEOPLE
SWAPPING LABELS, ONLY SCANNING
SOME ITEMS, UNINTENDED ERRORS,
FORGETTING ITEMS, SIMPLY WALKING
OUT OF FRUSTRATION WITH THE
ITEMS BEYOND THEFT,
SELF-CHECKOUT AT KIOSKS HAVE
ALSO CREATED CHALLENGES FOR
INDIVIDUALS WHO MAY NEED SPECIAL
ASSISTANCE. OLDER ADULTS,
INDIVIDUALS WITH DISABILITIES,
AND HOW DIFFICULT IT IS WHEN YOU
HAVE TO STRUGGLE TO FIND A
WORKER TO ASSIST THEM, AND
MAKING IT REALLY DIFFICULT FOR
THEM TO GET THROUGH TO THE
TRADITIONAL, CHECKOUT LANES,
WHICH ARE ALSO, BEING LIMITED
BECAUSE OF THE NUMBER OF
SELF-CHECKOUT OUT. IMPORTANTLY,
THIS BILL, I WANT TO STRESS,
THIS BILL DOES NOT BAN
SELF-CHECKOUT. THAT IS
MISINFORMATION. AND THERE HAS
BEEN A LOT OF MISINFORMATION
ABOUT THIS BILL. INSTEAD, 1446
ENSURES THAT PEOPLE WHO PREFER
OR REQUIRED HUMAN ASSISTANCE IN
STORES HAVE ACCESS TO WORKERS BY
INCREASING STAFFING AT THESE
KIOSKS. AND WE WANT TO MAKE SURE
THAT WE HAVE A QUALITY IN-STORE
SHOPPING EXPERIENCE. WE KNOW SO
MANY FOLKS ARE SHOPPING ONLINE.
THESE STORES ARE CRITICAL TO OUR
LOCAL ECONOMIES, AND WE WANT
WORKERS TO AND CUSTOMERS ALIKE
TO FEEL GOOD ABOUT THEIR
EXPERIENCING. AND SO BY
INCREASING STAFFING AT THESE
KIOSKS, WE CAN ENSURE THAT WHEN
A WORKER DOES DECIDE TO HELP A
CUSTOMER THROUGH SELF-CHECKOUT
OR CHECKOUT OR A TRADITIONAL
LANE, THEY ARE NOT LEAVING THE
REMAINING KIOSK UNATTENDED,
CAUSING MORE, MORE HARM AND
DAMAGE, I AM HAPPY TO HAVE WITH
ME TODAY, TWO EXPERT WITNESSES
WHO WERE WITH ME, SARAH FOX,
OBVIOUSLY FROM THE LABOR
FEDERATION, AND JASSI GREWAL,
WHO'S WITH THE UFCW. I'LL TURN
IT OVER TO THEM. GOOD AFTERNOON,
MADAM CHAIR AND COMMITTEE
MEMBERS. MY NAME IS JESSE
GREWAL, LEGISLATIVE DIRECTOR
WITH THE UNITED FOOD AND
COMMERCIAL WORKERS, WESTERN
STATES COUNCIL HERE TO TESTIFY
IN STRONG SUPPORT AND AS A PROUD
CO-SPONSOR OF SB 1446, UFCW
REPRESENTS OVER 120,000 WORKERS
IN THE GROCERY AND DRUG RETAIL
INDUSTRIES THAT WOULD BE
POSITIVELY IMPACTED BY THE
PROTECTIONS IN THIS BILL.
SELF-CHECKOUT AND THE REDUCTION
IN FRONT LINE GROCERY WORKERS
HAS CREATED A RANGE OF PROBLEMS
FOR RETAILERS, WORKERS, AND THE
PUBLIC, AS COMPANIES HAVE
ALLEGED AN INCREASE IN RETAIL
THEFT. MUCH OF THE LOSSES, THEY
CONTEND, CAN BE TRACED TO
SELF-CHECKOUT AND THE REDUCTION
IN WORKFORCE. DATA SHOWS THAT
SELF-CHECKOUT MACHINES COST 16
TIMES MORE SHRINK THAN CHECKOUT
VIA CASHIER. THE REDUCTION IN
FRONT LINE CHECKERS HAS ALSO
CAUSED A CRISIS, WITH CHRONIC
UNDERSTAFFING AND AN OVERWORKED
WORKFORCE. SELF-CHECKOUT
MACHINES ARE NOTORIOUSLY
GLITCHY, WHICH CREATES MORE WORK
FOR THE SOLO WORKER EXPECTED TO
MONITOR ANYWHERE FROM 4 TO 10
MACHINES WHILE ALSO FULFILLING
OTHER TASKS LIKE PROCESSING
MONEY ORDERS AND SELLING LOTTO
TICKETS, WHICH AT TIMES MEANS
THAT THEY MUST LEAVE THE
SELF-CHECKOUT AREA UNATTENDED
AND FEWER WORKERS IN THE STORE
ALSO INCREASES HEALTH AND SAFETY
RISKS. UNDERSTAFFED,
UNDERSTAFFED STORES CREATE THE
OPPORTUNITY FOR THEFT, ASSAULT,
AND VIOLENT INCIDENTS. LEÓN
FRONT LINE CLERKS MUST SERVE
CUSTOMERS WHILE AT THE SAME TIME
WATCHING FOR SHOPLIFTERS AND
DEALING WITH DISRUPTIVE
INDIVIDUALS. ISSUES WITH
SELF-CHECKOUT MACHINES AND
UNDERSTAFFING ALSO INCREASE
CUSTOMER IRRITATION AND WORKERS
ARE AT RISK OF VERBAL AND
PHYSICAL ASSAULT BY FRUSTRATED
AND IMPATIENT CUSTOMERS.
UNDERSTAFFING DUE TO
SELF-CHECKOUT OR EMPLOYER
ATTEMPTS AT COST SAVINGS HAS
MADE GROCERY AND DRUG RETAIL
STORES MORE INCONVENIENT AND
DANGEROUS PLACES. RETAILERS ARE
ACKNOWLEDGING THE THEFT RISKS
ASSOCIATED WITH SELF-CHECKOUT
AND HAVE ROLLED BACK, REMOVED OR
LIMITED SELF-CHECKOUT TO PROVIDE
A BETTER SHOPPING EXPERIENCE.
IT'S TIME MORE GROCERY AND DRUG
RETAIL COMPANIES IMPLEMENT
PROVEN SOLUTIONS TO REDUCE
RETAIL THEFT AND SHRINK AND
ADOPT THE PROVISIONS OUTLINED IN
SB 1446. THANK YOU, MADAM CHAIR
MEMBERS SARA FLOCKS, CALIFORNIA
LABOR FEDERATION, ALSO A PROUD
CO-SPONSOR. THIS IS ONE OF FIVE
BILLS THAT WE ARE MOVING AROUND
PUTTING WORKER CENTERED
GUARDRAILS ON THE USE OF
TECHNOLOGY IN THE WORKPLACE, AND
WE ARE PROUD TO HAVE THIS BILL
BECAUSE IT'S NOT A BAN. IT
REALLY IS SAYING, ALL RIGHT,
THIS TECHNOLOGY IS ALREADY IN
THE STORES. IT'S GOING TO BE IN
THE STORES. LET'S JUST MAKE SURE
THAT WE HAVE SAFE STAFFING SO
THAT THE TECHNOLOGY WORKS FOR
BOTH WORKERS AND FOR CUSTOMERS.
I ALSO WANT TO TALK ABOUT
ANOTHER PIECE OF THE BILL, WHICH
IS AROUND WHAT WAS AN IMPACT
ASSESSMENT THAT WAS TAKEN OUT.
AND NOW IS A NOTICE THAT THE
RETAILER NEEDS TO GIVE TO THE
PUBLIC AND TO WORKERS ADVANCE
NOTICE IF THEY'RE GOING TO
INTRODUCE A NEW CONSEQUENTIAL
WORKPLACE TECHNOLOGY THAT IS A
TECHNOLOGY THAT EITHER
ELIMINATES OR TRULY IMPACTS A
CORE JOB FUNCTION OF A WORKER,
WHICH WOULD BE SOMETHING LIKE
SELF-CHECKOUT. BUT IF YOU'RE
GOING TO ELIMINATE ALL THE
CHECKERS, IT ALSO COULD BE
SOMETHING LIKE DIGITAL SMART
CARDS OR THE AMAZON GO CHECKOUT
THAT IS NOW BEING TESTED IN
WHOLE FOODS AND SAN MATEO. WE
WANT BOTH WORKERS AND THE PUBLIC
TO KNOW WHAT IS THIS TECHNOLOGY,
WHAT'S ITS PURPOSE, AND HAVE
EMPLOYERS THINK WHAT COULD BE
THE IMPACT OF THIS? YOU KNOW,
WHEN YOU HAVE DIGITAL SMART
CARTS OR AMAZON GO, THEY USE
COMPUTER VISION, SO THEY MODEL
YOUR BODY. THEY USE FACIAL
RECOGNITION. WE NEED TO STOP AND
THINK ABOUT THAT. WHAT ARE THE
RACIAL BIASES THAT COULD BE IN
FACIAL RECOGNITION? WHAT ABOUT
PEOPLE WHO ARE UNBANKED DON'T
HAVE A SMARTPHONE, IS THIS GOING
TO CREATE A TWO TIER SYSTEM
WHERE SOME PEOPLE GET A WALK OUT
AND OTHER PEOPLE ARE STUCK IN
LINE BECAUSE THEY DON'T HAVE
ACCESS TO THIS TECHNOLOGY? WE'RE
NOT BANNING THE USE OF THIS.
IT'S NOT EVEN AN IMPACT
ASSESSMENT. IT'S SAYING THAT
EMPLOYER HAS TO BEFORE THEY PUT
THIS TECHNOLOGY INTO USE. THEY
NEED TO TELL THE UNION, THEY
NEED TO TELL WORKERS, AND THEY
NEED TO TELL THE PUBLIC. SO THAT
IF YOU'RE WALKING INTO A STORE
AND THEY'RE DOING FACIAL
RECOGNITION, YOU KNOW, SO WE
URGE YOUR AYE VOTE. THANK YOU.
DO WE HAVE ADDITIONAL WITNESSES
IN SUPPORT? GOOD AFTERNOON,
GLENN BACCHUS, FOR THE
PROSECUTORS ALLIANCE ACTION. WE
SUPPORT THIS AND CO-SPONSOR THIS
AS A CRIME PREVENTION MEASURE.
THANK YOU. MARIKO YOSHIHARA, ON
BEHALF OF THE CALIFORNIA
COALITION FOR WORKER POWER AND
TECH EQUITY COLLABORATIVE IN
SUPPORT, DANICA ADAMO, ON BEHALF
OF INITIATE JUSTICE, INITIATE
JUSTICE ACTION AND VERA
INSTITUTE OF JUSTICE AND SUPPORT
SHANE GUZMAN ON BEHALF OF THE
TEAMSTERS IN SUPPORT. CHRIS
MYERS WITH THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION AND
SUPPORT MIKA MATTSON WITH THE
MESA VERDE GROUP ON BEHALF OF
THE CONSUMER FEDERATION OF
CALIFORNIA IN SUPPORT. LOUIS
COSTA WITH SMART TRANSPORTATION,
STATE'S LEGISLATIVE BOARD IN
SUPPORT. THANKS MITCH STEIGER
WITH CFT ALSO IN SUPPORT. GOOD
AFTERNOON, ELADIO SALDIVAR,
POLITICAL DIRECTOR, CWA LOCAL
9421, IN SUPPORT. MARK ELLIS
WITH CWA LOCAL 9413 FULL
SUPPORT. THANK YOU. SEEING NO
OTHER WITNESSES IN SUPPORT, DO
WE HAVE ANY WITNESSES IN
OPPOSITION?
THANK YOU, GOOD AFTERNOON, MADAM
CHAIR. DANIELLE CONWAY WITH THE
CALIFORNIA GROCERS ASSOCIATION
HERE IN STRONG OPPOSITION. I
ACTUALLY WANTED TO BEGIN BY
INTRODUCING ONE OF OUR MEMBERS,
MICHELLE LECLERC, WITH NORTH
STATE GROCERY, SMALL INDEPENDENT
GROCER HERE IN NORTHERN
CALIFORNIA SO HE CAN SHARE A
LITTLE BIT MORE ABOUT THE
IMPACTS AT 1446 WOULD HAVE ON
OUR GROCERS. THANK YOU. THANK
YOU. DANIEL. MADAM CHAIR,
MEMBERS OF THE COMMITTEE.
SENATOR, MY NAME IS MICHELLE
LECLERC. I'M THE CHIEF FINANCIAL
OFFICER FOR NORTH STATE GROCERY.
WE ARE A 21 STORE CHAIN IN
NORTHERN CALIFORNIA. WE'RE
SMALL. WE'RE THE LITTLE GUY. WE
DON'T HAVE THOUSANDS OF STORES.
WE'RE NOT THE COSTCO. WE'RE NOT
THE ALBERTSONS SAFEWAY. WE'RE
NOT THE KROGER. BUT WE HAVE TO
COMPETE AGAINST THEM. WE HAVE TO
COMPETE AGAINST THEM EVERY
SINGLE DAY. AND THE WAY WE DO
THAT IS WE'RE A LITTLE BIT
UNIQUE IS WE ARE OWNED BY THE
EMPLOYEES. 100% OF THE STOCK OF
THE COMPANY IS HELD BY THE
EMPLOYEES, MEANING IF THE
COMPANY SINKS, THEY SINK, IF THE
COMPANY SOARS, THEY SAU. SO I
HAVE A MOTIVATED WORKFORCE AND
WE COMPETE BY BEING CUSTOMER
CENTRIC. WE WANT CUSTOMER TO BE
HAPPY IN OUR STORES, WHICH IS
WHY I'M OPPOSED TO THIS MEASURE.
LET ME EXPLAIN FURTHER. THIS
MEASURE IS VERY ANTAGONISTIC
TOWARDS SELF-CHECKOUT, AND I DID
READ THE COMMITTEE'S REPORT AND
THERE'S LOTS OF DATA, ALTHOUGH
THE SOURCES ARE RATHER THIN ON
HOW SELF-CHECKOUT IS HARMING
STORES AND HARMING WORKERS. OUR
EXPERIENCE HAS BEEN THE EXACT
OPPOSITE. SO WE DO HAVE
SELF-CHECKOUT IN OUR STORES, BUT
WE HAVE NOT USED SELF-CHECKOUT
AS A LABOR REDUCTION. THAT'S NOT
THE PURPOSE FOR US OF
SELF-CHECKOUT. THE PURPOSE FOR
US OF SELF-CHECKOUT IS TO AVOID
A PAIN POINT THAT OUR CUSTOMERS
HAVE IN OUR GROCERY STORES, AND
THAT IS, YOU COME IN FOR A
ROTISSERIE CHICKEN AND SOME
VEGGIES FOR DINNER, AND IN FRONT
OF YOU IN THE LINE IS SOMEBODY
WHO'S BUYING $300 WORTH OF
GROCERIES, AND YOU YOU'RE GOING
TO BE PARKED THERE FOR A WHILE.
SELF-CHECKOUT ALLOWS THOSE FOLKS
TO GLIDE THROUGH, GET IN, GET
OUT, GET WHAT THEY NEED. SO IT'S
REALLY DESIGNED FOR US TO HELP
FOLKS THAT JUST WANT TO GET IN
AND GET OUT. WE DON'T ACTUALLY
HAVE A 15 OR 12 OR ANY LIMIT ON
WHAT SOMEBODY WANTS TO BRING
THROUGH SELF-CHECKOUT, BECAUSE
WHAT WE'VE DISCOVERED IS THAT
SAYING NO TO A CUSTOMER, IT'S
BAD BUSINESS. AND IT'S NOT SAFE
FOR OUR EMPLOYEES, OUR EMPLOYEES
EXPERIENCE THAT DURING COVID.
HAVING TO STAND THERE AND TELL
CUSTOMERS WHAT THEY CAN AND
CAN'T DO AND THE RESULTS WERE
HORRIBLE. FRANKLY, THEY WERE
DANGEROUS AND THEY WOULD
GENERATE WHAT AFTER JULY 1ST
WOULD BE AN INCIDENT ON OUR
VIOLENCE PREVENTION LOG. SO I'M
SORRY THAT I DON'T EXPERIENCE
WHAT YOU'RE EXPERIENCING AND I
DON'T KNOW WHERE YOU SHOP, BUT
THEFT AT OUR SELF CHECKOUT IS
NOT AN ISSUE. AND IF I TOLD AN
EMPLOYEE THAT YOU'RE GOING TO
MONITOR TWO SELF-CHECKOUTS AND
THAT'S ALL ONE MINUTE, WELL, IF
YOU CAN START WRAPPING IT UP Ó
WRAP UP. OKAY. IF I TOLD AN
EMPLOYEE THAT YOUR JOB IS GOING
TO BE TO MONITOR TWO SELF
CHECKOUTS AND MAKE SURE THAT
THERE'S NO MORE THAN 15 UNITS
COMING THROUGH AT, AND DON'T LET
THEM BUY ANY RAZOR BLADES
BECAUSE THEY'RE BEHIND A. YEAH,
THAT'S GOING TO BE THE WORST JOB
IN THE STORE. THE ABSOLUTE WORST
JOB IN THE STORE. THAT'S NOT
GOING TO BE FUN. THANK YOU.
THANK YOU, AND THANK YOU. I JUST
WANTED TO ADD SOME ADDITIONAL
CONCERNS THAT WE HAVE ABOUT THIS
BILL. AS MENTIONED, YOU KNOW,
JUST THE WAY THAT THE BILL
APPROACHES STAFFING THESE
SELF-CHECKOUT LANES WE SEE AS
BEING PROBLEMATIC, LIKE MICHELLE
SAID, THIS, REALLY, THIS WOULD
CODIFY ONE OF THE WORST THINGS
WE SAW DURING COVID, WHERE YOU
HAVE STORE EMPLOYEES BEING PUT
IN THE POSITION OF HAVING TO
ENFORCE STATE LAW, IT WAS
PROBLEMATIC. THEN DURING A
GLOBAL HEALTH CRISIS. BUT I
THINK IN A DAY TO DAY OPERATIONS
OF OUR STORES, IT'S GOING TO
LEAD TO A LOT OF TENSION AND
CONFLICT. I THINK BEYOND THAT,
WE'VE HEARD A LOT OF COMMENTS
AROUND, RETAIL THEFT AND PUBLIC
SAFETY TODAY, I WILL POINT OUT
AS YOU JUST HEARD, WE HAVE WE
HAVE ALL KINDS OF FOOTAGE AND
OTHER THINGS TO SHOW THAT, THAT
PEOPLE WHO ARE STEALING A CART
FULL OF GROCERIES, THEY'RE NOT
THEY'RE NOT BOTHERING TO GO
THROUGH SELF-CHECKOUT, THEY'RE
JUST PUSHING IT RIGHT BACK OUT
THE DOOR THAT THEY CAME IN.
RIGHT. AND I THINK, YOU KNOW, WE
HAVE A NUMBER OF PEOPLE HERE
WHO'VE DONE A LOT OF WORK ON
RETAIL THEFT THIS YEAR. I DON'T
SEE THIS BILL AS PART OF THAT
PACKAGE. I DON'T SEE GETTING
PUSHED TO THE GOVERNOR'S DESK
THIS WEEK. I SEE IT SITTING HERE
IN LABOR COMMITTEE, NOT EVEN
REFERRED TO PUBLIC SAFETY. I
THINK LASTLY, YOU KNOW, THERE'S
TALK ABOUT THE IMPLICATIONS
AROUND SELF-CHECKOUT AND
TECHNOLOGY. I THINK CALLING THIS
A SELF-CHECKOUT BILL IS A
MISNOMER BECAUSE, FRANKLY, THE
IMPLICATIONS OF THIS BILL GO FAR
BEYOND SELF-CHECKOUT. I THINK WE
HAVE A NUMBER OF POLICY GOALS
HERE IN THE LEGISLATURE THAT
WE'VE IDENTIFIED AROUND
ENVIRONMENTAL IMPACTS, THINGS
LIKE THAT. THIS IS A BILL THAT
WOULD MAKE IT HARDER TO
IMPLEMENT TECHNOLOGY THAT WOULD
REDUCE RETAIL THEFT, HARDER TO
IMPLEMENT TECHNOLOGY THAT WOULD
REDUCE FOOD WASTE, HARDER TO
IMPLEMENT TECHNOLOGY TO REDUCE,
REFRIGERANT LEAKAGE AND THINGS
LIKE THAT. SO I THINK FOR ALL OF
US, THERE'S A LOT OF THINGS,
THERE'S A LOT OF MOVING PARTS
WITH THIS BILL. THEY'RE PRETTY
MUCH ALL PROBLEMATIC. AND I
WOULD ASK YOU ALL TO STOP AND
CONSIDER THIS LEGISLATION BEFORE
LETTING IT MOVE FORWARD. THANK
YOU. DO I SEE ANY OTHER
WITNESSES IN OPPOSITION? MADAM
CHAIR CHRIS MCCAULEY, ON BEHALF
OF THE LOS ANGELES AREA CHAMBER
OF COMMERCE, IN RESPECTFUL
OPPOSITION, MADAM CHAIR MEMBERS.
DOMINIC DEMAR HERE, ON BEHALF OF
THE SAN DIEGO REGIONAL CHAMBER
OF COMMERCE, ALSO IN OPPOSITION.
GOOD AFTERNOON. LINDSAY GOLDEN
WITH CAPITAL ADVOCACY ON BEHALF
OF THE CALIFORNIA RETAILERS
ASSOCIATION, IN OPPOSITION. GOOD
AFTERNOON, STEPHANIE MORWELL, ON
BEHALF OF THE CONSUMER
TECHNOLOGY ASSOCIATION, IN
OPPOSITION, CHRISTOPHER
RODRIGUEZ, ON BEHALF OF THE
CALIFORNIA CHAMBER OF COMMERCE
AND THE CALIFORNIA BUSINESS
PROPERTIES ASSOCIATION IN
OPPOSITION. THANK YOU. GOOD
AFTERNOON, DEVON ANDERSON, WITH
POLITICAL SOLUTIONS ON BEHALF OF
TARGET IN OPPOSITION. THANK YOU.
SEEING NO OTHER WITNESSES IN
OPPOSITION MEMBERS, I'LL TURN IT
OVER TO THE MEMBERS. IF YOU HAVE
ANY QUESTIONS OR COMMENTS, SO
FIRST OF ALL, I WANT TO MOVE THE
BILL, THANK YOU FOR BRINGING IT.
I AM STRONGLY IN SUPPORTIVE OF
THE STAFFING ISSUES RELATED TO
THE BILLS. I DO HAVE SOME THINGS
THAT I'M HOPING YOU'LL CONTINUE
WORKING ON WITH SOME OF THE
OPPONENTS, ONE WAS THE 15 OAN
UNIT LIMIT. I MEAN, I, I HEAR
THAT, I MEAN, THERE'S SOME
STORES IN MY DISTRICT THAT
BASICALLY HAVE THAT AND PEOPLE
JUST COMPLAIN ABOUT IT A LOT. SO
I ACTUALLY THINK I'M GOING TO
HAVE CONSTITUENTS WHO ARE NOT
GOING TO LIKE THAT, I THINK THE
OTHER THING WHEN I WAS READING
THE BILL, THERE'S A THERE'S SOME
THINGS ABOUT APPLICATIONS FOR
NEW TECHNOLOGIES IN THE
WAREHOUSE. I WOULD ENCOURAGE
YOU. I JUST THINK THERE'S A LOT
GOING ON THERE. AND I WOULD FEEL
A LOT MORE COMFORTABLE WITH THE
BILL IF IT WAS REALLY FOCUSED ON
THE RETAIL ESTABLISHMENTS AND
WHAT'S GOING ON THERE. IS THAT
WAS THE WAREHOUSE STUFF TAKEN
OUT? YEAH, YEAH. SO THERE ARE
RECENT AMENDMENTS THAT THERE WAS
A PREVIOUS REFERENCE CODE,
CITATION. AND SO WE HAVE
ACTUALLY CODIFIED THE DEFINITION
OF GROCERY ESTABLISHMENT AND
THERE'S NO MENTION OF WAREHOUSE.
AND THEN SUPERSTORE. ALSO NO
MENTION OF WAREHOUSE. SO
WAREHOUSE IS NOT APPLICABLE
UNDER THIS BILL. IT'S ONLY
RETAIL ESTABLISHMENTS. OKAY.
THAT'S THAT'S HELPFUL. YEAH, AND
THEN I JUST THINK THE OTHER
THING IS JUST I THINK AND I KNOW
I SHOULDN'T BE TALKING TO FOLKS
THAT ARE ACTUALLY REPRESENTING
OUR WORKERS, BECAUSE I THINK YOU
THINK ABOUT THOSE THINGS, IN
WAYS THAT, ARE PUTTING THE
WORKERS FIRST, BUT I THINK ABOUT
THE I WOULD SORT OF THINK ABOUT
JUST DRILLING DOWN A LITTLE BIT
MORE IN TERMS OF WHAT THE
STAFFERS COULD DO THAT ARE ON
SELF CHECKOUT TO JUST MAKE SURE
THAT, YOU KNOW, THAT THEY DON'T
HAVE, LIKE, A BORING JOB WHERE
THEY'RE JUST SORT OF STANDING
THERE AND POLICING TOO MUCH. I
MEAN, I THINK THERE'S OTHER
THINGS THAT THEY COULD BE DOING
THAT COULD BE SOME MORE
FLEXIBILITY THERE THAT WOULD
ACTUALLY ENHANCE THE WORKERS
EXPERIENCE AND WOULD ENHANCE,
AND WOULD BE GOOD FOR THE
GROCERS AS WELL, AND THE, AND
THE STORES. SO I WOULD JUST I
THINK THERE'S A LITTLE BIT OF
FINE TUNING THAT COULD HAPPEN.
AND I'M SUPPORTIVE OF THE BILL,
THOUGH I THINK THE STAFFING IS A
REALLY IMPORTANT THING, THAT WE
ACTUALLY START THINKING ABOUT
THESE THINGS AS WE MOVE TO SELF
CHECKOUT. AND SO I WANT TO THANK
YOU FOR BRINGING THE BILL. AND
OBVIOUSLY STRONGLY SUPPORTIVE OF
IT. THANK YOU. YEAH, I JUST WANT
TO BUILD OFF OF SOME OF THE
COMMENTS MY COLLEAGUE JUST
WROTE. I KNOW I THINK WHAT THE
CORE OF THIS BILL REALLY
IMPORTANT IS ABOUT THAT WORKER
EXPERIENCE. I HAVE A LOT OF
FRIENDS, PEERS WHO STILL WORK IN
THE RETAIL TO THIS DAY, AND
THAT'S THEIR LIFE CALLING. AND
THAT'S WHAT THEY DO. AND I
UNDERSTAND, YOU KNOW,
OPPOSITIONS TAKE ON THIS, BUT IT
IS VERY STRESSFUL TO BE THE LONE
MAN ON SHIFT, RIGHT WHEN
ESPECIALLY AT THE END OF THE
NIGHT WHEN YOU'RE THE PERSON
DOING, THE ACTUAL CHECKOUT AND
MANNING THE SELF CHECKOUT WHEN
THEY'RE WORKING AT TARGET, AND
THEY ARE A LOT OF THESE VERY,
VERY BIG COMPANIES RIGHT WHERE
THEY'RE STRETCHING THE WORKFORCE
VERY, VERY THIN. AND I HEAR
THOSE, HORROR STORIES WHERE THEY
HAVE TO BE THAT ONE PERSON
THERE. RIGHT. SOMEONE WANTS
SOMETHING BEHIND THE LOCK
COUNTER. SOMETHING'S WRONG WITH
THE SELF CHECKOUT OR SOMEONE
ACTUALLY NEEDS TO BUY SOMETHING.
YOU KNOW, SOMEONE CAN ONLY DO
THE CASHIER AND THEY HAVE TO BE
THE ONE PERSON THERE AT THE
EARLY MORNING OR LATE AT NIGHT.
THAT IS VERY DIFFICULT. WHILE I
THINK, YOU KNOW, SOME OF THESE
ASPECTS ARE QUITE, LITERAL ABOUT
SOME OF THE RESTRICTIONS AND
STUFF, AND I WANT TO BUILD ON
THAT. YOU KNOW, WE WANT TO MAKE
SURE THE WORKER EXPERIENCE IS
STILL ENRICHING AND MAKE SURE
THAT THEY CAN DO ENOUGH. RIGHT.
BUT I THINK AT THE HEART OF IT
IS YOU DON'T WANT THEM TO BE
STRETCHED TOO THIN WHERE CRIME
CAN HAPPEN, WHERE THEY CAN BE
TOO STRESSED, WHERE IT'S JUST
TOO MUCH FOR ONE PERSON TO DO.
AND SO I HAVE A LOT OF FAITH AND
RESPECT IN THE AUTHOR TO
CONTINUE WORKING WITH THE
STAKEHOLDERS AND THE OPPOSITION.
I'M SURE SOMETHING WILL
REASONABLY COME FORWARD ABOUT
THIS, BUT I STILL THINK THAT
CORE OF IT, THAT PROTECTING THAT
WORKER EXPERIENCE AND MAKING
SURE THEY'RE NOT PUTTING THEIR
LIFE AT RISK OR JUST BEING
STRESSED OUT EVERY DAY, RETAIL
IS, OF COURSE, A VERY, VERY
STRESSFUL, BUT NOT BEING MORE
STRESSFUL THAN IT HAS TO BE IS
IMPORTANT. SO I HOPE THAT, YOU
KNOW, CONTINUE TO HAVE THOSE
CONVERSATIONS AND I'LL BE
SUPPORTING THE BILL TODAY. OF
COURSE, ASSEMBLY MEMBER ALANIZ.
THANK YOU, SO I DID HAVE A FEW
CONCERNS. I'VE HEARD CRIME
PREVENTION MAJOR. I HEARD PUBLIC
SAFETY. SO I'M THANKFUL FOR THE
OPPOSITION ASKING ABOUT THAT.
WHY IT WASN'T HEARD IN PUBLIC
SAFETY, WHERE I KNOW I SIT,
BECAUSE THIS SEEMS LIKE THIS
SHOULD BE A PUBLIC SAFETY
MATTER. IF THAT'S WHAT IT'S
BEING BROUGHT UP TO BE. BUT SOME
OF THE THINGS I HAVE QUESTIONS
ABOUT ARE HIGHER PRICES. HAVE WE
TALKED ABOUT THAT AS FAR AS IT
LOOKS LIKE WE'RE GOING TO HAVE
TO BE BRINGING IN MORE WORKERS
TO BE ABLE TO SATISFY THIS BILL.
AND I WOULD IMAGINE THAT WOULD
ONLY INCREASE THE PRICES AT THE
GROCERY STORE, WHICH, AS WE
ALREADY KNOW, IS ALREADY HIGH,
IS THERE AN ANALYSIS OR ANYTHING
LIKE THAT, ON WHAT KIND OF
IMPACT IT WILL HAVE ON OUR
COMMUNITIES? I I WILL HAVE A
JAZZY SPEAK TO THE TECHNICAL
PIECE OF IT, AND TO THE POINT
AROUND THE, THE PUBLIC SAFETY,
THIS IS EVIDENCE DRIVEN AND IT'S
REALLY COMING FROM THE WORKERS
FOLKS WHO ARE ACTUALLY WORKING
IN THIS INDUSTRY. SO PART OF IT
IS THE DATA THAT'S COLLECTED ON
THE AMOUNT OF SHRINKAGE ACROSS
THE INDUSTRY, BUT ALSO FEEDBACK
IN SURVEYS OF WORKERS WHO FIND
THEMSELVES IN DANGEROUS
SITUATIONS AND ARE PUTTING
FORWARD A SET OF SOLUTIONS, AND
SO, YOU KNOW, IT'S IN LABOR
COMMITTEE BECAUSE THIS IS COMING
FROM THE WORKERS WHO ARE IN THE
INDUSTRY, WHO ARE ON THE FRONT
LINES OF THIS. AND SO, SO,
THAT'S WHY IT'S IN THIS
COMMITTEE, AND I THINK IT'S
IMPORTANT THAT WORKERS HAVE AN
OPPORTUNITY TO WEIGH IN ON
SOLUTIONS TO BROADER ISSUES.
RIGHT BECAUSE ALL OF THESE
THINGS ARE INTERCONNECTED. AND
SO I'LL TURN IT OVER TO JAZZY TO
ANSWER THE. YEAH. THANK YOU,
SENATOR. AND THANKS FOR THE
QUESTION. ASSEMBLY MEMBER, SO,
RIGHT NOW THERE IS ABOUT $10
BILLION ANNUALLY LOST DUE TO
RETAIL THEFT. AND THAT IS WHAT
IS LEADING TO THE HIGHER COST OF
GOODS IS THAT THERE'S ALREADY A
PRICE POINT CONSUMERS ARE PAYING
BECAUSE RETAILERS ARE HAVING TO
MAKE UP FOR THOSE LOST PROFITS
IN THE PRICE OF GOODS, SO THERE
IS ALREADY INCREASED PRICING
OUTSIDE OF INFLATION AND OTHER
THINGS THAT IS HAPPENING FROM
THE LOSS IN REVENUE DUE TO
RETAIL THEFT. AND THEN I WILL
ALSO JUST ADD THAT WALMART WAS
JUST FACED WITH A CLASS ACTION
LAWSUIT FOR ILLEGALLY, SHIFTING
THE WEIGHT ON THEIR
SELF-CHECKOUT MACHINES. AND SO
THEY WERE CHARGING CONSUMERS
MORE FOR PRODUCE AND OTHER
THINGS BECAUSE THEIR
SELF-CHECKOUT SCALES WERE
ILLEGALLY WEIGHTED. SO WE'RE
STARTING TO SEE COST ON
CONSUMERS AND ALL SORTS OF OTHER
WAYS. AND WE DON'T NECESSARILY
BELIEVE THIS IS THE THING THAT'S
GOING TO BE DRIVING COSTS. OKAY.
I'M SORRY. YES, PLEASE. CAN I
CAN I CHIME IN BECAUSE I
APPRECIATE THE QUESTION. AND I
ACTUALLY THINK OUR FRIENDS AT
THE LABOR FED KIND OF ANSWERED
THIS FOR YOU, BECAUSE IF YOU
LOOK AT PAGE FOUR OF THE
COMMITTEE ANALYSIS AT THE
BOTTOM, THEY SAY STRAIGHT UP
SELF-CHECKOUT IS JUST ONE OF THE
STRATEGIES RETAIL EMPLOYERS USE
TO REDUCE COST. SO THE FLIP OF
THAT IS IF YOU'RE GOING TO HAVE
LESS SELF-CHECKOUT, YOU'RE GOING
TO HAVE GREATER COST. GOTCHA.
AND THEN ANOTHER THING YOU
BROUGHT UP THE SMART CARD CART
AMAZON GO. I'M NOT 100% FAMILIAR
WITH IT, BUT WOULD THIS BILL
ALSO APPLY TO THAT? SO IF I'M IN
THE STORE WITH THE SMART CARD,
DO I HAVE TO HAVE SO MANY
EMPLOYEES WATCHING THESE SMART
CARDS? HOW DOES THAT WORK? I
WILL, TO THAT NO, THIS IS A SELF
CHECKOUT BILL AND THE NOTICE
WOULD BE FOR ANY KIND OF NEW
TECHNOLOGY THAT IS BEING BROUGHT
IN THAT IMPACTS CONSEQUENTLY,
THAT'S A CONSEQUENTIAL WORKPLACE
TECHNOLOGY. I WOULD LIKE TO JUST
RESPOND TO WHAT WAS SAID THROUGH
THE CHAIR, WE ARE SAYING THAT
SELF-CHECKOUT IS BEING USED TO
LOWER LABOR COSTS. THERE'S OTHER
WAYS THAT EMPLOYERS CAN SAVE SO
THEY DON'T HAVE TO RAISE PRICES.
ONE OF THEM IS REDUCING RETAIL
THEFT. THE OTHER IS THAT WE FIND
THAT JUST HAVING MORE WORKERS IN
THE STORE ALSO REDUCES THEFT.
PART OF THE PROBLEM WITH THAT IS
THAT EVERYTHING'S NOW LOCKED UP.
SO YOU NEED WORKERS TO GO AND
UNLOCK THINGS. SO THERE ARE MANY
WAYS TO REDUCE COSTS AND KEEP
PRICES OUT UNDER CONTROL. THAT
DOESN'T INVOLVE JUST PUTTING
PRESSURE ON LABOR AND REDUCING
WORKERS WAGES. BUT I GUESS I
GUESS THE CONCERN. EXCUSE ME.
SORRY. CHAIR GO AHEAD. THANK
YOU. BRIEFLY. I GUESS JUST MY
CONCERN WITH THE LEGISLATION AS
IT'S DRAFTED IS THAT ANY ITEM
THAT'S LOCKED UP CAN'T GO
THROUGH SELF-CHECKOUT. SO ONCE
AGAIN, IT GETS TO SOME OF THE
COMMENTS MADE BY SOME OF THE
ASSEMBLY MEMBERS HERE THAT
YOU'RE ULTIMATELY GOING TO PUT
EMPLOYEES IN A POSITION WHERE
THEY'RE HAVING TO EXPLAIN TO
CUSTOMERS WHY YOU CAN BUY
VITAMINS AT ONE STORE, BUT NOT
ANOTHER STORE, BECAUSE IT'S SOME
THINGS ARE LOCKED UP AT SOME
PLACES AND NOT OTHERS. AND I
THINK THAT LACK OF CONSISTENCY
IS, AGAIN, GOING TO PUT OUR
EMPLOYEES IN THE FRONT LINE OF
ENFORCING THIS LAW. AND I WOULD
ALSO ADD, WITH THE NEW
AMENDMENTS AROUND ENFORCEMENT
AND THE FINES THAT ARE IN THERE,
ULTIMATELY, IT IS GOING TO BE
OUR EMPLOYEES WHO HAVE TO
ENFORCE THIS LAW BECAUSE THERE'S
NO ONE ELSE THERE TO DO IT. GOT
IT. THANK YOU, ASSEMBLY MEMBER
LOWENTHAL. OKAY. ON MY GUEST
DAY, YOU GET TO HEAR ALL MY
LABOR THOUGHTS AT ONCE. FIRST OF
ALL, I'D LIKE TO THANK THE
AUTHOR FOR BRINGING THIS BILL
FORWARD. I THINK IT'S I THINK
IT'S A VERY IMPORTANT BILL, I'M
GOING TO BE SUPPORTING IT TODAY
FOR MY COLLEAGUE FROM STANISLAUS
COUNTY. YOU KNOW, I'M A MAJOR
LAKERS FAN, AND I INVITE YOU TO
COME TO THE CRYPTO.COM ARENA
SOMETIME TO A GAME I'D LOVE TO
SPEND SOME TIME WITH YOU. AND
WHILE WE'RE THERE, WE'RE GOING
TO GO INTO A FEW OF THE STORES
THAT ARE AUTOMATED USING THE
AMAZON TECHNOLOGY. AND BEYOND
THE ISSUES AROUND PRIVACY THAT
WERE SO APPROPRIATELY BROUGHT UP
EARLIER, ONE OF THE THINGS THAT
YOU'LL NOTICE IS THAT THERE IS
NO DIFFERENCE IN PRICING IN
THOSE STORES FOR THE GOODS THAT
YOU WANT, VERSUS THE OTHER
PLACES WHERE THERE ARE CHECKOUT
ATTENDANTS. BY THE WAY, THOSE
ARE UNITE HERE EMPLOYEES, AND SO
THE NET EFFECT OF THAT, THERE IS
NO ACTUAL, ELASTICITY OF PRICING
BASED ON IT. SO WHAT YOU SEE IN
EFFECT IS ACTUALLY WEALTH
CONSOLIDATION. SO NOW WE'RE
OPENING THE DOOR IN THIS
CONVERSATION ABOUT ECONOMIC, THE
PROBLEM THAT WE HAVE. AND I FEEL
, I WANT TO VALIDATE THE
CONCERNS THAT YOU'RE HAVING,
CERTAINLY AS IT RELATES TO
COMPETITION, THE PROBLEM THAT WE
HAVE IN THE STATE OF CALIFORNIA
IS WE DO NOT HAVE A PLAN FOR
AUTOMATION. WE DON'T HAVE ONE.
WE DON'T HAVE A ROADMAP. WE
DON'T HAVE GUIDELINES. AND AS WE
DON'T HAVE THOSE THINGS, WE'RE
GOING TO SEE IMPACTS OF
AUTOMATION ON WORKING
CONDITIONS, IMPACTS ON
COMMUNITIES, IMPACTS ON ON
MACROECONOMIC CONDITIONS IN
THOSE COMMUNITIES AND STATEWIDE,
AND PRIVACY, AMONG OTHER ISSUES.
AND SO I FIND THAT YOU'RE GOING
TO CONTINUE TO HAVE BILLS LIKE
THESE THAT ARE ABOUT PLAYING
DEFENSE IN THE ABSENCE OF HAVING
A BROADER STATE PLAN ABOUT THESE
THINGS. AND I ENCOURAGE ALL OF
US TO THINK ABOUT IN THE YEARS
AHEAD, BECAUSE THIS ISN'T A
QUICK THING THAT WE CAN DO. IT'S
SOMETHING MORE LIKE, YOU KNOW,
SO SOME, SOME OF THE THINGS LIKE
OUR, OUR ENVIRONMENTAL POLICIES
THAT HAVE TAKEN US YEARS AND
YEARS CAP AND TRADE IS WHAT I
WAS TRYING TO THINK OF, LIKE A
CAP AND TRADE TYPE SYSTEM FOR
AUTOMATION. AND UNTIL WE DO
THAT, UNTIL WE HAVE A STATE PLAN
, WE'RE GOING TO SEE HOW THESE
CHANGES ARE IMPACTING COMMUNITY.
AND THERE'S GOING TO BE MORE AND
MORE LEGISLATION LIKE THIS. AND
I'M GOING TO CONTINUE TO SUPPORT
BILLS LIKE THESE UNTIL WE HAVE A
PLAN THAT ALL OF US CAN
GRAVITATE TOWARDS, THAT ARE WIN
WIN SITUATION. SO THANK YOU FOR
BRINGING THIS FORWARD. I'M
SORRY. CAN I JUST QUICKLY NÓ.
THANK YOU SO MUCH. CHAIR. OKAY,
ASSEMBLY MEMBER THANK YOU, MADAM
CHAIR, AND I JUST WANT TO A
COUPLE THINGS, AND IT'S MORE OF
JUST A STATEMENT AND I'M A
COLLEAGUE. MR. LOWENTHAL KIND OF
BROUGHT IT UP. BECAUSE THIS IT'S
A LITTLE FRUSTRATING, TO BE
QUITE HONEST, HEARING THE DEBATE
ON THIS PARTICULAR BILL AND
HEARING ALL THE CONVERSATIONS
ABOUT THEFT AND HOW THIS BILL
WOULD PREVENT THAT, BECAUSE I
COMPLETELY BELIEVE IN WHAT MY
COLLEAGUE IS SAYING, THIS IS ALL
ABOUT WORKERS. WE WANT MORE
WORKERS IN STORES BECAUSE WE
DON'T HAVE A PLAN, AS A STATE,
AS A LEGISLATIVE BODY, FOR MANY,
MANY YEARS SINCE I'VE BEEN HERE,
WE'VE PASSED A LOT OF PIECES OF
LEGISLATION THAT HAVE SEEMINGLY
GOOD LIKE INTENTIONS. BUT THE
CONSEQUENCE IS ARE VERY, VERY
REAL. AND WE DON'T HAVE A PLAN.
WE'RE THROWING A BUNCH OF
NOODLES ON THE WALL AND NOTHING
IS STICKING, AND WE JUST SLIDE
TO THE BOTTOM, AND THEN WE'RE
LEFT PICKING UP THE PIECES. AND
SO I WOULD JUST BE HONEST ABOUT
WHAT THIS BILL IS, AND I WOULD
NOT USE THE RETAIL THEFT
CONVERSATION ANYMORE BECAUSE
IT'S HONESTLY A LITTLE BIT
DISINGENUOUS. NOTHING IN THIS
BILL DOES RETAIL THEFT. AND WE
HAVE BEEN PUTTING BILLS TOGETHER
FOR A YEAR NOW TRYING TO ADDRESS
THIS ISSUE. AND BOTH PARTIES,
FOR THE RECORD, OVER THE LAST
FEW WEEKS HAVE TURNED IT INTO A
POLITICAL MESS. ALL RIGHT. AND
I'M SORT OF FRUSTRATED ABOUT THE
WHOLE THING. SO IF WE REALLY
CARE ABOUT RETAIL THEFT, MAYBE
WE SHOULD ACTUALLY, I DON'T
KNOW, FIX SOME OF THE ISSUES
THAT ARE ALLOWING PEOPLE TO
CONTINUE TO STEAL AND NOT PUT IT
ON THE BACKS OF WORKERS BECAUSE
DURING COVID, YOU'RE GOING TO
HAVE THESE WORKERS STOP PEOPLE
FROM STEALING. SINCE WHEN IS
THAT OKAY? SINCE WHEN DO A
BUSINESS WANT THEIR WORKERS TO
BE IN CHARGE OF ENFORCING THIS?
YOU WANT TO TALK ABOUT A WORKER
SAFETY ISSUE. THAT'S INCREDIBLE
TO ME THAT WE'RE ACTUALLY
SUGGESTING THAT THAT'S OKAY. SO
I UNDERSTAND, THE INTENT OF THIS
BILL. AND THERE'S PARTS OF THIS
THAT I ACTUALLY COULD AGREE
WITH, BUT I THINK IT'S SO FAR
FROM BEING BAKED AND JUST NOT
BEING HONEST ABOUT WHAT THE TRUE
INTENTIONS OF THIS PIECE OF
LEGISLATION IS. SEEING NO OTHER
MEMBERS, SENATOR, WOULD YOU LIKE
TO CLOSE? THANK YOU VERY MUCH,
MADAM CHAIR. AND I, I APPRECIATE
THE DEBATE IN THE CONVERSATION.
AND AS I SAID, WE'LL CONTINUE TO
WORK, WITH THE OPPOSITION, BUT I
WANT TO SAY ONE THING ABOUT
NOODLE ON THE WALL. OUR WORKERS
MAKE OUR ECONOMY THRIVE. THAT IS
A FACT. THERE ARE HUNDREDS OF
THOUSANDS OF GROCERY STORE
WORKERS AND SELF-CHECKOUT HAS
BEEN LIFTED UP AS A MAJOR SAFETY
CONCERN. OAN BECAUSE WE DID
IMPLEMENT THIS TECHNOLOGY
WITHOUT EVEN A CONVERSATION. AND
HERE WE ARE, 1990 FIRST CHECKOUT
NOT EVEN A CONVERSATION. YOU
WENT IN ONE DAY. YOUR CLERK WAS
THERE, THE NEXT DAY THERE WAS A
MACHINE AND NOW THESE ISSUES ARE
CONVERGING. AND YES, IT'S
UNCOMFORTABLE. IT'S FRUSTRATING,
BUT THE TRUTH IS, 16 MORE TIMES
SHRINKAGE HAPPENS IN
SELF-CHECKOUT. IT'S A FACT. IT'S
BEEN CITED BY NUMEROUS STUDIES.
AND WE AS THE LEGISLATURE IN
THIS MOMENT, HAVE TO ADDRESS IT.
AND WE HAVE TO USE ALL THE TOOLS
IN OUR TOOL BOXES. IT'S NOT JUST
SENDING MORE WORKING CLASS POOR
COMMUNITIES TO JAIL FOR
NONVIOLENT PROPERTY CRIME. IT'S
ALSO ABOUT RETAILERS TAKING THE
RESPONSIBILITY AND DEALING WITH
THE PROBLEM WHERE IT'S
HAPPENING. AND IF THAT MEANS
PUTTING MORE WORKERS TO WORK, IF
THAT MEANS THAT WE, YES, ARE
PREVENTING MORE WORKERS FROM
LOSING THEIR JOBS BECAUSE THEY
PAY SALES TAX AND INCOME TAX,
WHICH I LAST CHECKED, A CHECKOUT
MACHINE DOES NOT DO THAT. THEN
WE HAVE TO CONSIDER IT. WE HAVE
TO HAVE THE CONVERSATION AND WE
HAVE TO ALL HAVE SKIN IN THE
GAME. THIS IS ABOUT PROTECTING
ALL OF OUR CONSUMERS AND OUR
WORKERS AND REALLY MAKING SURE
THAT OUR STORES, OUR IN-STORE
SHOPPING EXPERIENCE REMAIN AN
EXPERIENCE THAT MORE AND MORE
CONSUMERS WANT TO HAVE. AND SO
THAT'S WHAT THIS BILL IS. IT
SIMPLY IS A COMMON SENSE BILL
THAT IS DEALING WITH THE
CONVERSION OF MANY ISSUES AND
IT'S GOING TO BE HARD FOR US TO
GET THERE, BUT WE MUST GET THERE
ON THIS BILL. AND I RESPECTFULLY
ASK FOR YOUR AYE VOTE. THANK
YOU, SENATOR. APPRECIATE YOUR
WORDS. AND BRINGING THIS BILL
FORTH, I ALSO SAID ON THE RETAIL
THEFT COMMITTEE, AND I WANT TO
USE THIS OPPORTUNITY TO PLUG MY,
HEARING ON AUTOMATION,
SELF-CHECKOUT WAS THE BEGINNING
OF AUTOMATION, AND NOW WE'RE
TALKING ABOUT ARTIFICIAL
INTELLIGENCE AND HOW IT'S
IMPACTING THE WORKPLACE. AND
REALLY NEED TO TAKE A DEEPER
DIVE ON THESE TWO ISSUES COMING
TOGETHER. AND SO WE'RE GOING TO
BE DOING THAT ON AUGUST 7TH. AND
HOPEFULLY MANY OF MY COLLEAGUES
HERE TODAY CAN JOIN THAT
HEARING. AND OTHERS CAN TUNE IN
ON AUGUST 7TH, WITH THAT, I
BELIEVE WE HAD A MOTION AND A
SECOND. SO, SECRETARY, PLEASE
CALL THE ROLL MOTION IS DUE.
PASS THE PRIVACY AND CONSUMER
PROTECTIONS. ORTEGA I, ORTEGA I
FLORA. FLORA. NO. ALANIS. NO.
ALANIS. NO. LOWENTHAL LOWENTHAL
I LI. LEE I WARD. WARD I ZUBER.
THAT MEASURE IS OUT. THANK YOU,
SENATOR. YOU HAVE ONE MORE, ONE
MORE, ONE MORE. AND I WANT TO
SAY I OWE MY GOOD COLLEAGUE, HE
LEFT. I STILL OWE HIM A STEAK
DINNER FOR LETTING ME SKIP THE
LINE, AND THIS IS ITEM NUMBER
1010 8910. ITEM NUMBER EIGHT, SB
1089. THANK YOU SO MUCH, MADAM
CHAIR. AND ASSEMBLY. GOOD
COLLEAGUES, I WANTED TO SAY I'M
PROUD TO PRESENT SB 1089, WHICH
IS A PRIORITY BILL FOR THE BLACK
CAUCUS REPARATION PACKAGE. AND I
WANT TO THANK YOUR COMMITTEE FOR
YOUR ANALYSIS, IN 2020, THE
STATE LEGISLATURE PASSED AB 3121
TO AUTHORIZE A REPARATIONS TASK
FORCE TO STUDY THE ONGOING
EFFECTS OF SLAVERY ON AFRICAN
AMERICANS. AND AFTER YEARS OF
STUDY, THE TASK FORCE OFFERED
HUNDREDS OF RECOMMENDATIONS AND
ACTIONS FOR THE LEGISLATURE TO
FOLLOW IN ORDER TO ADDRESS
ENDURING INEQUALITIES AND
WEALTH. HOUSING AND FOOD ACCESS,
AND SO MANY OTHER ISSUES RELATED
TO THIS COMMUNITY, SPECIFICALLY,
THE TASK FORCE REPARATIONS
REPORT CALLED ON THE LEGISLATURE
TO REQUIRE GROCERY STORES AND
PHARMACIES TO PROVIDE ADVANCE
NOTICE TO THEIR EMPLOYEES AND
COMMUNITIES ABOUT THEIR STORE
CLOSURES. THIS DISPARITY, THE
DISPARITIES ILLUSTRATED IN THE
TASK FORCE REPORT, ARE NÓ
COINCIDENCE, BUT RATHER THE
PREDICTABLE OUTCOME OF DECADES
OF DISINVESTMENT OF INDUSTRY
FROM MINORITY COMMUNITIES,
PARTICULARLY BLACK COMMUNITIES,
WHO HAVE PRIORITIZED SUBURBAN
WHITE NEIGHBORHOODS OVER LOW
INCOME BLACK AND BROWN
COMMUNITIES, WHICH THEY DEEM TO
BE UNDESIRABLE. IN FACT, THERE
ARE, ANALYZES OF HOW GROCERY
STORES DETERMINE WHERE THEY WILL
OPEN NEW STORES, OFTENTIMES
BASED ON EDUCATION, AND, AND
INCOME LEVELS. AND WE KNOW DUE
TO DEEP INSTITUTIONAL RACISM,
UNFORTUNATELY, BLACK COMMUNITIES
TYPICALLY, ARE IN THE LOWER
INCOME COMMUNITIES THAT ARE,
SEVERELY DISADVANTAGED. 1 IN 5
BLACK PEOPLE FACE FOOD
INSECURITY. AND WHILE WHITE
NEIGHBORHOODS, ON AVERAGE HAVE
FOUR TIMES AS MANY SUPERMARKETS
AS THOSE IN PREDOMINANTLY BLACK
NEIGHBORHOODS, KIDS IN MY
COMMUNITY OF SOUTH CENTRAL LOS
ANGELES, WE SEE THE REAL HEALTH
EFFECTS OF FOOD DESERTS IN OUR
MOST VULNERABLE COMMUNITIES,
WHICH HAVE EASIER ACCESS TO
LIQUOR STORES AND FAST FOOD
RESTAURANT S THAN A HEALTHY
GROCERY STORE. THIS HAS
CONTRIBUTED TO RESIDENTS IN
SOUTH LA HAVING SOME OF THE
HIGHEST DISPROPORTIONATE RATES
OF ILLNESS. MANY THAT ARE
PREVENTABLE, SUCH AS HEART
DISEASE AND DIABETES, BUT ARE
FUELED BY POOR FOOD. ITEMS, AND
ACCESS TO HEALTHY FOODS SIMILAR
TO FOOD DESERTS. DECREASED
ACCESS TO PHARMACIES HAVE TURNED
MANY BLACK COMMUNITIES INTO
PHARMACY DESERTS. RECENT
REPORTING HAS SHOWN THAT BLACK
AND BROWN COMMUNITIES HAVE ALSO
BEEN MOST AFFECTED BY THE
PHARMACY CLOSURES, LEAVING MANY
WITHOUT ACCESS TO THEIR FIRST
POINT OF CONTACT. FOR QUESTIONS
ABOUT THEIR HEALTH AND MEDICAL
NEEDS AND WHEN PHARMACIES CLOSE.
PRESCRIPTIONS MAY BE SOLD TO
ANOTHER ESTABLISHMENT, OFTEN
WITHOUT ANY NOTICE TO THE
CONSUMERS, AGAIN LEAVING THEM
UNAWARE OF WHERE TO PICK UP
THEIR PRESCRIPTIONS.
PRESCRIPTIONS MAY EVEN BE
TRANSFERRED OUTSIDE OF A
PATIENT'S NETWORK, FORCING THEM
TO PAY OUT OF POCKET FOR
TRANSFER THAT THEY NEVER ASKED
FOR. AND SIMILARLY, GROCERY
STORE CLOSURES CAN BE
PARTICULARLY HARMFUL TO OUR
BLACK COMMUNITIES, WHO ARE MORE
LIKELY TO RELY ON FOOD BENEFITS
PROGRAMS. PUBLIC TRANSPORTATION,
AND ALL OF THE NECESSITIES THAT
FOR WE MIGHT TAKE FOR GRANTED TO
GET ACCESS TO OUR FOOD AND
PHARMACY. THEY HAVE TO DO
TREMENDOUS PLANNING, TO BE ABLE
TO ACCESS SO SUDDEN CLOSURES, AS
WE WILL HEAR, ARE, ARE VERY,
VERY HARMFUL, WHEN IT COMES TO
THOSE COMMUNITIES AND FAMILIES
THAT HAVE TO LIVE PAYCHECK TO
PAYCHECK AND RELY ON PUBLIC
SERVICES AND SUBSIDIES, THIS
BILL ADDRESSES THESE HARMS BY
REQUIRING GROCERY STORES AND
PHARMACIES WITH FIVE OR MORE
EMPLOYEES TO PROVIDE 60 DAY
NOTICE OF CLOSURE AND A 30 DAY
NOTICE FOR STORES WITH FIVE OR
FEWER. IN INSTANCES OF PHARMACY
CLOSURES. THIS BILL REQUIRES
PHARMACIES TO TELL THEIR
PATIENTS WHERE THEIR
PRESCRIPTIONS WILL BE
TRANSFERRED. COMMON SENSE THINGS
AND SINCE THIS BILL HAS BEEN
INTRODUCED, WE HAVE MADE A
NUMBER OF AMENDMENTS WORKING
WITH THE OPPOSITION TO MAKE SURE
THAT THEIR CONCERNS ARE
ADDRESSED, INCLUDING DECREASING
THE NOTIFICATION, THE NOTICE
PERIOD, NARROWING THE
REQUIREMENTS FOR WHAT
INFORMATION STORES MUST DISCLOSE
IN THEIR NOTICES, INCLUDING
REMOVING THE REASON FOR THE
CLOSURE AND THE NOTICE CAPPING
ENFORCEMENT PENALTIES AT
$10,000. AND I'D YOU KNOW, I
THINK THAT, THESE THINGS WERE
DONE WITH A SOUL AND EXPRESS
OUTCOME THAT AT THE MINIMUM,
COMMUNITY CITIES HAVE NOTICED
WHEN THEIR GROCERY STORES AND
THEIR PHARMACIES ARE CLOSED,
BECAUSE THAT CREATES A CHILLING
EFFECT, FOR FAMILY. AND WITH ME
TODAY IS SAMANTHA WEBSTER, A
WORKER WHO WILL SHARE HER
EXPERIENCE WITH A SUDDEN STORE
CLOSURE. AND AGAIN, JESSE GREWAL
IS WITH US FROM THE UFCW. W
THANK YOU. JUST A QUICK REMINDER
FOR OUR WITNESSES. YOU WILL HAVE
TWO MINUTES EACH. THANK YOU.
GOOD AFTERNOON, MADAM CHAIR AND
COMMITTEE MEMBERS. MY NAME IS
SAMANTHA WEBSTER AND I AM A
FORMER GROCERY WORKER. AND NOW I
WORK AT UFC W LOCAL FIVE ON
APRIL 13TH, 2021. SAFEWAY CLOSED
THE GROCERY STORE I WORKED AT
FOR 19 YEARS IN RODEO A RODEO IS
A SMALL UNINCORPORATED TOWN NEAR
PORT CASA AND CROCKETT. THE
GROCERY STORE WAS THE SOCIAL HUB
FOR OUR COMMUNITY, WHO WERE
MAINLY OLDER RESIDENTS AND WAS
THE ONLY GROCERY STORE SERVING
THE AREA. THERE WERE 56 WORKERS
AT THE STORE BELOW THE WARN
NOTICE THRESHOLD OF 75 EMPLOYEES
LAID OFF. SO OUR STORE ONLY
RECEIVED ONE WEEK NOTICE ABOUT
THE CLOSURE. THIS CAUSED
SIGNIFICANT ANXIETY AMONG THE
WORKERS, WHO HAD NO IDEA IF THEY
WOULD BE TRANSFERRED TO A NEW
STORE OR LOSE THEIR LIVELIHOODS.
THE EMPLOYEES AT THE STORE WERE
SEASONED WORKERS AND ON AVERAGE
HAD FIVE PLUS YEARS OF SERVICE.
BUT THERE WERE COWORKERS WITH
TEN, 15 AND 19 YEARS LIKE
MYSELF, WHOSE LIVES WERE
DISRUPTED EVEN WITH THE
UNCERTAINTY OF WHAT THE FUTURE
HELD. NOT A SINGLE WORKER QUIT
AND ALL OF US WORKED UNTIL THE
VERY END. SAFEWAY OPENED A NEW
GROCERY STORE IN HERCULES, AND
SOME WORKERS WERE OFFERED
TRANSFERS THERE, BUT OTHERS WERE
TRANSFERRED TO STORES IN VALLEJO
AND ALBANY. BUT IT WAS DIFFICULT
FOR WORKERS TO MAKE THAT COMMUTE
BECAUSE OF THE DISTANCE AND THE
DRASTIC CHANGE IN THEIR
SCHEDULES. FOR MY COWORKERS,
THAT ARE WORKING PARENTS, THEY
HAD ONE WEEK TO FIGURE OUT CHILD
CARE SCHEDULES AND SCHOOL DROP
OFF. ADDITIONALLY, THERE WAS NO
ANNOUNCEMENT TO THE COMMUNITY
ABOUT THE CLOSURE OF THE GROCERY
STORE. THIS INFURIATED
INFURIATED THE COMMUNITY, WHO
RELIED ON THE GROCERY STORE TO
ACCESS FOOD. WHEN THE GROCERY
STORE LEFT, SO DID OTHER
BUSINESSES, AND NOW THE AREA IS
A GHOST TOWN, SAFEWAY CONTINUED
TO MAINTAIN THE LEASE FAR AFTER
THE CLOSURE, AND NOW, THREE
YEARS LATER, THE BUILDING
REMAINS VACANT AND THE COMMUNITY
IS STILL DEPRIVED OF A GROCERY
STORE. ALL OF THIS HAPPENED OFF
THE HEELS OF COVID 19 PANDEMIC,
ALL THE STRESS OF WORKING DURING
COVID AND SECURITY OF WORKING IN
PUBLIC DUE TO DUE TO THE
INCREASE IN WORKPLACE VIOLENCE.
AND THE COMPANY THANKED US BY
CLOSING OUR GROCERY STORE AND
GIVING US VERY LITTLE NOTICE AND
NO SECURITY ABOUT OUR FUTURE.
WHEN THE GROCERY STORE SAY THEY
CARE, THEIR ACTIONS SHOW IT IS A
LIE. THIS THAT. IF YOU CAN START
WRAPPING UP, PLEASE YES, THAT IS
WHY SB 1089 IS SO IMPORTANT. NOT
ONLY TO THE WORKERS, BUT TO THE
COMMUNITIES WE SERVE. THANK YOU.
AND THEN JESSE GREWAL WITH UFCW
WESTERN STATES COUNCIL. HAPPY TO
ANSWER ANY QUESTIONS. THANK YOU.
DO WE HAVE ADDITIONAL WITNESSES
IN SUPPORT? MARIKO YOSHIHARA, ON
BEHALF OF THE CALIFORNIA
COALITION FOR WORKER POWER AND
TECH EQUITY COLLABORATIVE IN
SUPPORT. HI, MADAM CHAIR AND
MEMBERS, KELLY O'BRIEN WITH
WESTERN CENTER ON LAW AND
POVERTY AND PROUD SUPPORT NICO
MATSIN WITH THE MESA VERDE GROUP
ON BEHALF OF THE CONSUMER
FEDERATION OF CALIFORNIA AND
SUPPORT. THANK YOU, SHANE
GUZMAN, ON BEHALF OF UNITE HERE
IN SUPPORT SARA FLOCKS,
CALIFORNIA LABOR FEDERATION IN
SUPPORT. OKAY. SEEING NO OTHER
WITNESSES IN SUPPORT, WE WILL
NOW TAKE WITNESSES IN OPPOSITION
. GOOD AFTERNOON. LINDSAY
GULLAHORN WITH CAPITAL ADVOCACY
HERE ON BEHALF OF THE CALIFORNIA
RETAILERS ASSOCIATIONS COMMUNITY
PHARMACY COALITION, FIRST, WANT
TO ACKNOWLEDGE THE CONVERSATIONS
WE'VE HAD WITH THE AUTHOR AND
THE SPONSORS, AMENDMENTS WERE
MADE TO THE BILL THAT WE THINK
MAKE IT MORE WORKABLE, I ALSO
WANT TO NOTE OR CLARIFY THAT OUR
LETTER HAS US AS OPPOSED, BUT
WE'RE ACTUALLY OPPOSED UNLESS
AMENDED, FOR SEVERAL REASONS
THAT I'LL OUTLINE TODAY,
SPEAKING ON BEHALF OF OUR
PHARMACY MEMBERS, PHARMACIES, IN
PARTICULAR, ARE LICENSED AND
REGULATED BY THE BOARD OF
PHARMACY AND MUST ADHERE TO
SPECIFIC REQUIREMENTS FOR THE
STORAGE AND DISPENSING OF DRUGS,
AND NOTICE TO THE BOARD. UPON
CLOSURES, PHARMACIES ARE
REQUIRED TO NOTICE THE BOARD
BEFORE CLOSURE AND PROVIDE
INFORMATION ABOUT WHERE THEIR
PRESCRIPTION INVENTORY WILL BE
TRANSFERRED, IT'S VERY IMPORTANT
FOR PHARMACIES TO BE SELECTIVE
IN THEIR COMMUNICATIONS, AND TO
ENSURE THE SAFE HANDLING OF
DANGEROUS DRUGS. OUR MEMBERS ARE
NOT AT ALL OPPOSED TO CLOSURE
NOTIFICATIONS, NOR DO THEY
DISAGREE WITH THE INTENT OF THE
BILL. AND AS I MENTIONED,
AMENDMENTS WERE TAKEN THAT,
CHANGED THE NOTICE REQUIREMENTS
TO MAKE THEM MORE CONSISTENT
WITH THE FEDERAL WARN ACT.
HOWEVER, WE DO HAVE CONCERNS
ABOUT THE NUMBER OF NOTICES
REQUIRED AND LACK OF CLARITY
AROUND HOW THESE NOTICES SHOULD
BE HANDLED. FOR EXAMPLE, WE WANT
TEMPORARY NOTICE OR TEMPORARY
CLOSURES TO BE EXEMPTED FROM THE
BILL, AND THE METHOD OF THE
NOTICE SHOULD BE STREAMLINED,
GIVEN THAT SOME PHARMACIES DON'T
HAVE THE CAPABILITIES TO PROVIDE
NOTICE TO CONSUMERS VIA DIGITAL
DIGITAL MEANS AS REQUIRED IN THE
BILL, SO IN CLOSING, I JUST WANT
TO ENSURE THAT THE BILL MANDATES
REALISTIC NOTICE REQUIREMENTS
THAT ARE MOST RELEVANT TO
PATIENTS AND PHARMACY EMPLOYEES
THAT DO NOT IMPEDE ANY CLOSURE
PROCESSES ALREADY IN PLACE
THROUGH REGULATORY OVERSIGHT, SO
DUE TO THESE CONCERNS, THE
RETAILERS AND THE COMMUNITY
PHARMACY COALITION ARE OPPOSED
TO SB 1089 UNLESS IT'S AMENDED.
BUT WE ARE COMMITTED TO WORKING
WITH THE AUTHOR, THE SPONSORS,
AND SHOULD THE BILL MOVE FORWARD
TODAY, THANKS. HI. GOOD
AFTERNOON, DANIEL CONWAY WITH
THE CALIFORNIA GROCERS
ASSOCIATION, I WANT TO REITERATE
THAT, YES, WE HAVE HAD, A LOT OF
SUCCESS WORKING WITH THE AUTHOR
AND HER TEAM TO ADDRESS SOME OF
OUR CONCERNS HERE, OBVIOUSLY, WE
SEE SOME REDUNDANCIES BETWEEN
THIS PROPOSAL AND THE STATE AND
FEDERAL WARN ACT, BUT I THINK
MORE IMPORTANTLY, YOU KNOW, WE
SHARE THE CONCERNS OF BOTH THE
AUTHOR AND THE SPONSORS. FRANKLY
ABOUT FOOD DESERTS AND PHARMACY
DESERTS. AND, YOU KNOW, WE
CURRENTLY HAVE LEGISLATION, SB
1419, LOOKING TO, PROACTIVE
ADDRESS FOOD DESERTS AND BRING
GROCERY STORES TO COMMUNITIES
THAT LACK THEM, ARE CONCERNED
WITH THIS LEGISLATION.
FUNDAMENTALLY, IT DOES NOTHING
TO BRING NEW STORES TO
COMMUNITIES THAT NEED THEM AND
MORE IMPORTANTLY, AS WAS KIND OF
DESCRIBED BY THE WITNESSES, WHAT
IT DOES IS IT CREATES SCENARIOS
WHERE IN THE RARE INSTANCES
WHERE A GROCERY STORE DOES,
DECIDE TO CLOSE AND LEAVE A
COMMUNITY, IT RAISES LOTS OF
QUESTIONS. AND AS WE HEARD, IT
CAN HAVE A CHILLING EFFECT ON A
WHOLE SHOPPING CENTER AND A
WHOLE COMMUNITY. AND SO FOR US,
THAT'S ALWAYS BEEN OUR CONCERN
ABOUT THIS BILL, IS THAT I WAS A
FORMER CHIEF OF STAFF TO THE
MAYOR. WHEN STUFF LIKE THIS
HAPPENS, IT'S NOT SOMETHING THAT
YOU WANT ALL OVER THE COMMUNITY.
YOU WANT TO BE VERY THOUGHTFUL
ABOUT HOW YOU DESCRIBE HOW WE
GOT TO THIS STORE CLOSURE, AND
YOU WANT TO BE EVEN MORE
THOUGHTFUL TO TALK ABOUT WHAT
WE'RE GOING TO DO AFTERWARDS, TO
KIND OF REVITALIZE OUR COMMUNITY
AND GIVE THEM THESE
OPPORTUNITIES. SO AGAIN, THAT'S
OUR BIG CONCERN WITH THIS BILL
IS JUST THE EFFECTS THAT IT
COULD HAVE GOING FORWARD ON
ADDRESSING FOOD DESERTS. THANK
YOU SO MUCH. WE LOOK FORWARD TO
CONTINUING TO WORK WITH YOU ALL.
THANK YOU. DO WE HAVE ANY
ADDITIONAL WITNESSES IN
OPPOSITION? GOOD AFTERNOON.
CHRISTOPHER RODRIGUEZ, ON BEHALF
OF THE CALIFORNIA CHAMBER OF
COMMERCE AND THE CALIFORNIA
BUSINESS PROPERTY ASSOCIATION IN
OPPOSITION. THANK YOU. THANK
YOU. SEEING NO OTHER WITNESSES,
TURN IT OVER TO THE MEMBERS IF
THERE'S ANY QUESTIONS OR
COMMENTS. DO WE HAVE A, SENATOR,
WOULD YOU LIKE TO CLOSE? WELL, I
THANK YOU VERY MUCH. AND I
APPRECIATE THE WORK, CONTINUED
WORK, FROM THE OPPOSITION, WITH
WITH ME AND THE SPONSORS ON THIS
BILL, I WANT TO SAY THAT THIS
NOTICE IS ABOUT COMMUNITY. THIS
IS A REPARATIONS BILL. AND WE
KNOW, GROCERY STORES ARE
IMPORTANT TO OUR COMMUNITY, AND,
AND MOST IMPORTANT IS THAT OUR
COMMUNITY HAS ACCESS TO THEM.
AND WHEN THEY CLOSE, AT THE
MINIMUM, WE SHOULD NOTIFY,
PARTICULARLY THOSE THAT ARE
RELYING ON PUBLIC TRANSPORTATION
, THOSE WHO ARE RELIANT ON
SUBSIDIES, THOSE THAT WILL HAVE
TO MAKE ARRANGEMENTS TO JUST GET
THE BASIC ACCESS TO THEIR FOOD
AND TO THEIR PHARMACY. AND, I
RESPECTFULLY ASK FOR YOUR I VOTE
ON BEHALF OF THE LEGISLATIVE
BLACK CAUCUS. THANK YOU, IS
THERE A MOTION AND A SECOND? IS
THERE A SECOND? WITH THE. WE
HAVE A MOTION AND A SECOND.
SECRETARY, PLEASE CALL THE ROLL.
WHAT'S GOING TO HAPPEN THERE?
MOTION IS Dð PASS TO JUDICIARY.
ORTEGA A, ORTEGA I, FLORA
ALANIZ. ALANIZ NO. LOWENTHAL.
HI. LOWENTHAL I LEE WARD. HI.
WARD I ZIPPER. HI MEASURES ON
CALL. THAT MEASURE IS ON CALL.
THANK YOU. SENATOR. SENATOR
WIENER, STEPPED OUT, HOPEFULLY
HE'LL HEAD BACK, BUT WE DO SEE
SENATOR GROVE HERE. GO RIGHT
AHEAD. WE WILL NOW TAKE ITEM
NUMBER SIX, SB 1264. SENATOR
GROVE, WHENEVER YOU'RE READY TO
OPEN. THANK YOU. MADAM CHAIR AND
MEMBERS, SB 1264 WOULD PROVIDE
LIMITED LIABILITY OR, EXCUSE ME,
LIMITED ABILITY FOR LAW
ENFORCEMENT AGENCIES, TO ALLOW
SWORN EMPLOYEES TO BE TESTED FOR
CANNABIS USE. THE BILL, WHICH
WILL SUNSET WITH THE AMENDMENT
FROM THE CHAIR ON 2028, IS
NARROWLY DRAWN TO PROVIDE A
TARGETED EXEMPTION FOR JUST
THOSE SWORN IN LAW ENFORCEMENT
APPLICANTS. EMPLOYEES WHO ARE
UNDERTAKING THE DUTIES DIRECTLY
INVOLVED WITH LAW ENFORCEMENT.
THIS IS THE SAME EXACT, SAME
EXEMPTION THAT THE BUILDING
TRADES AND CONSTRUCTION TRADES
CURRENTLY HAVE IN STATUTE. THE
WORK OF BOTH PROFESSIONS IS
VERY, VERY IMPORTANT AND THEY
BOTH HAVE IMPLICATIONS TO PUBLIC
SAFETY AND RESPONSIBILITY. PIECE
OFFICERS ARE EXPECTED TO
OVERCOME INTENSE PHYSICAL
CHALLENGES, MAKE SPLIT SECOND
DECISIONS, LIFE AND DEATH
SITUATIONS THAT OCCUR ON A DAILY
BASIS WHEN THEY'RE ON THE JOB
AND THOSE RESPONSIBILITIES ARE
GENERALLY INCOMPATIBLE WITH THE
EFFECTS OF CANNABIS USE, AND
PERSONALLY, AND I KNOW IT'S JUST
MY PERSONAL OPINION, AND A LOT
OF CALIFORNIANS BELIEVE THAT
POLICE OFFICERS, CARRYING A GUN,
DRIVING A HIGH SPEED CHASE
VEHICLE, THEY SHOULD BE HELD TO
A HIGHER STANDARD, THEN, YOU
KNOW, A GROCERY STORE WORKER PER
SE, OR WHAT WE JUST HEAR ON THE
PREVIOUS BILL, SO SB 1264 WILL
ENSURE DEPARTMENTS RETAIN THE
ABILITY TO TEST EMPLOYEES FOR
CANNABIS USE TO ENSURE THE
HIGHEST PROFESSIONAL STANDARDS
ARE MET. I RESPECTFULLY ASK FOR
AN AYE VOTE. THANK YOU, MADAM
CHAIR, AND MEMBERS. CORY
SALZILLO, ON BEHALF OF THE
CALIFORNIA STATE SHERIFFS
ASSOCIATION, WHERE THE
CO-SPONSORS OF THE BILL AND I
THINK THE AUTHOR SUMMED IT UP.
SO IN THE SPIRIT OF BREVITY AND
YOUR COMMITTEE'S TIME, WE JUST
SAY THAT WE BELIEVE THIS IS A
VERY MODEST EXEMPTION, FRANKLY,
WHEN THE BILL WAS ORIGINALLY
BEING CRAFTED, THE BILL THAT WE
ARE SEEKING THIS MODEST
EXEMPTION FROM, WE BELIEVED THAT
PEACE OFFICERS WERE EXCLUDED
BECAUSE OF A NUMBER OF
PROVISIONS THAT EXIST IN CURRENT
LAW. AND BASED ON COUNCIL'S
CONCERNS, THAT IT'S LESS THAN
CLEAR. AND SO WE WANTED TO
CLARIFY THAT, WE YOU KNOW, WE
FEEL THAT, YOU KNOW, CERTAINLY
IMPAIRED WORKERS, CAN STILL BE
DISCIPLINED AND THERE CAN STILL
BE ISSUES, BUT WE'RE CONCERNED
ABOUT OFF DUTY USE, GIVEN THE
UNCERTAINTY ABOUT LONG TERM
IMPACTS OF CANNABIS ON EMOTIONAL
PROCESSES AND DECISION MAKING.
WE'VE TAKEN AMENDMENTS
THROUGHOUT THE PROCESS. WE'VE
THIS BILL WAS MUCH MORE BROAD.
IT APPLIED TO UNSWORN,
APPLICANTS FOR UNSWORN POSITIONS
AND UNSWORN EMPLOYEES. WE'VE
TAKEN THOSE OUT. WE'VE LIMITED
THE REACH TO JUST CERTAIN SWORN
EMPLOYEES, WE'VE TAKEN THE THREE
YEAR SUNSET THAT THE THAT YOU
SUGGESTED, MADAM CHAIR, AND SO
FOR ALL OF THOSE REASONS, WE
RESPECTFULLY ASK FOR YOUR I
VOTE. THANK YOU. DO WE HAVE
ADDITIONAL WITNESSES IN SUPPORT?
AFTERNOON. CHAIR MEMBERS
JONATHAN FELDMAN, CALIFORNIA
POLICE CHIEFS ASSOCIATION AND
SUPPORT. SECOND, HAVE, DO WE
HAVE ADDITIONAL Þ? I DON'T SEE
ANY ADDITIONAL WITNESSES IN
SUPPORT. DO WE HAVE ANY
WITNESSES IN OPPOSITION?
MADAM CHAIR AND MEMBERS BETH
MALINOWSKI, I'M HERE TODAY ON
BEHALF OF SEIU CALIFORNIA.
700,000 MEMBERS IN OPPOSITION.
SO CALIFORNIA IS PROUD TO
REPRESENT A WIDE RANGE OF
WORKERS ACROSS PRIVATE AND
PUBLIC SECTOR. CALIFORNIA
REPRESENTS THOUSANDS OF UNSWORN
EMPLOYEES INVOLVED IN LAW
ENFORCEMENT, AS WELL AS DOZENS
OF SWORN OFFICERS IN LOCAL
JURISDICTIONS THAT ARE STILL
IMPACTED BY THIS BILL. THE
BILL'S EXEMPTION OF SWORN STAFF
FROM EMPLOYMENT PROTECTIONS
ESTABLISHED BY THE LEGISLATURE
UNDER AB 2188 WILL SET US BACK
AND ONLY FURTHER UNDERMINE THE
PUBLIC SECTOR'S ABILITY TO
RECRUIT, HIRE AND RETAIN THE
NEXT GENERATION OF PUBLIC
SERVANTS IN 2022, WHEN SEIU
CALIFORNIA STOOD WITH A BROAD
COALITION TO SUPPORT AB 21
EIGHT, WE DID SO UNDERSTANDING
AND APPRECIATING THE SCIENCE OF
CANNABIS TESTING HAD CHANGED. WE
DID SO WITH AN UNDERSTANDING
THAT PUBLIC OPINION, KNOWLEDGE
AND PUBLIC POLICY AND CANNABIS
WERE ALIGNING. AB 2188 DID NOT
END WORKPLACE DRUG POLICIES OR
THE RIGHT OF EMPLOYERS TO TEST
FROM CONVERSATIONS WITH OUR
PUBLIC SECTOR LOCALS, AB 2188
HAS NOW BEEN SUCCESSFULLY
IMPLEMENTED ACROSS RURAL AND
URBAN JURISDICTIONS. EMPLOYERS,
INCLUDING LAW ENFORCEMENT
AGENCIES, ARE FREE TO TEST FOR
RECENT USE OF CANNABIS BY MEANS
OF ORAL SWAB, BLOOD OR BREATH
TESTS, WHICH DETECT RECENT
EXPOSURE OF THC, THE
PSYCHOACTIVE INGREDIENT IN
CANNABIS, OR BY PERFORMANCE
TESTS TO DETECT ACTUAL
IMPAIRMENT. THE ONLY THING THEY
MAY NOT DO IS URINE OR HAIR
TEST, OR REPRESENT
NON-PSYCHOACTIVE METABOLITES OF
THC, WHICH REMAIN DETECTABLE FOR
DAYS OR WEEKS AFTER, AN
IMPAIRMENT IS PASSED. WE FEEL SB
1264 COULD CAUSE FURTHER
CONFUSION IN THE WORKPLACE FOR
BOTH THE EMPLOYER AND EMPLOYEES,
AND IS UNNECESSARY. WE CANNOT
SUPPORT POLICY THAT WILL AGAIN
CREATE AN ENVIRONMENT OF FEAR.
WORRY THAT OFF THE JOB CANNABIS
CONSUMPTION WILL LEAD TO HARMFUL
DISCIPLINARY ACTIONS INCLUDING
LOSS OF PAY, BENEFITS, DEMOTION,
DENIED OPPORTUNITIES FOR
PROMOTION OR TRANSFER, AND EVEN
TERMINATION. WE WANT TO
ACKNOWLEDGE THE NARROWING THAT
TOOK PLACE IN THE SENATE AND THE
WORK BY THIS COMMITTEE TO MAKE
THE BILL TIME BOUND THAT BEING
SAID, WE DO NOT BELIEVE A TIME
LIMIT APPROACH MAKES THIS POLICY
ANY MORE RIGHT TODAY. AND WITH
THAT, RESPECTFULLY REQUEST YOUR
NO VOTE TODAY. THANK YOU. GOOD
AFTERNOON. KRISTIN HALBACH, UMMC
WESTERN STATES COUNSEL. WE
REMAIN OPPOSED FOR THE SAKE OF
TIME AND THE COMMITTEE'S TIME, I
WILL JUST ALIGN MY THOUGHTS, AND
ECHO MY COLLEAGUE BETH FROM SEIU
STATED. I DO WANT TO ASK
PERMISSION, MADAM CHAIR, IF I
CAN READ ONE PARAGRAPH FROM THE
SAN DIEGO SHERIFF'S RULES OF
CONDUCT, THIS IS SECTION 2.14.
USE OF ALCOHOL OFF DUTY
EMPLOYEES WHILE OFF DUTY SHALL
REFRAIN FROM CONSUMING
INTOXICATING BEVERAGES TO THE
EXTENT THAT IT RESULTS IN
UNLAWFUL IMPAIRMENT, SUCH AS
DRIVING UNDER THE INFLUENCE OR
BEING UNABLE TO CARE FOR THEIR
OWN SAFETY OR THE SAFETY OF
OTHERS, PUBLIC INTOXICATION OR
OBNOXIOUS OR OFFENSIVE BEHAVIOR
IN PUBLIC, WHICH WOULD TEND TO
DISCREDIT THEM OR THIS
DEPARTMENT, OR RENDER THE
EMPLOYEE UNFIT TO REPORT FOR
THEIR NEXT REGULAR TOUR OF DUTY.
WE REPRESENT THOUSANDS OF
WORKERS IN THE CANNABIS SPACE.
WE HAVE NEW LAWS. UMMC WAS A
PROUD CO-SPONSOR OF AB 2188. WE
DON'T WANT TO SEE THIS LAW
WEAKENED WHEN WE TALK ABOUT
HOLDING LAW ENFORCEMENT TO A
DIFFERENT CONDUCT NEXT YEAR. IS
IT TEACHERS AFTER THAT? IS IT
NURSES AFTER THAT? IS IT
DOCTORS? THE BETTER THING TO DO
REALLY WOULD BE LUPE CANNABIS
INTO EXISTING POLICIES THAT ARE
ALREADY IN PLACE AND TRUST THAT
OUR LAW ENFORCEMENT, IF THEY'RE
CARRYING A SIDEARM AND WE TRUST
THEM TO DO THAT, WE CAN TRUST
THEM TO BE RESPONSIBLE. WITH
CANNABIS OFF THE JOB. WITH THAT,
I URGE YOUR NO VOTE. THANK YOU.
DO WE HAVE ANY ADDITIONAL
WITNESSES IN OPPOSITION? MARIKO
YOSHIHARA, ON BEHALF OF THE
CALIFORNIA EMPLOYMENT LAWYERS
ASSOCIATION, IN OPPOSITION,
BRIAN MIRAMONTEZ WITH ASTHMA
CALIFORNIA IN OPPOSITION AND
SORRY FOR GETTING THE LETTER IN
LATE. TALIA D'AMATO, ON BEHALF
OF CALIFORNIA NORML, ALSO IN
OPPOSITION. I'VE ALSO BEEN ASKED
TO RELAY OPPOSITION FOR THE DRUG
POLICY ALLIANCE. CHRIS MYERS
WITH THE CALIFORNIA SCHOOL
EMPLOYEES ASSOCIATION IN
OPPOSITION. MARY CREASY, ON
BEHALF OF THE CALIFORNIA
CANNABIS INDUSTRY ASSOCIATION,
IN OPPOSITION. SEEING NO OTHER
WITNESSES IN OPPOSITION, I WILL
PASS IT OVER TO THE MEMBERS. IF
THERE'S ANY OTHER QUESTIONS OR
COMMENTS. THANK YOU, MADAM
CHAIR, SO IF YOU COULD ANSWER
QUESTIONS THAT I HAVE FROM THE
OPPOSITION TALKING ABOUT, IT
BEING OPEN TO TEACHERS AND
EVERYTHING ELSE LIKE THAT
OPENING A GATEWAY TO THAT. SO I,
MY COLLEAGUE ABSOLUTELY THE
SPONSOR OF THE BILL, CAN
COMMENT. BUT THE REASON THAT
DOESN'T AFFECT THIS, THIS IS
JUST ON LAW ENFORCEMENT SWORN
LAW ENFORCEMENT. AND JUST TO BE
FRANK, I DON'T CARE IF YOUR
GROCERY STORE WORKER IS HIGH. IT
THAT IS NOT EVEN A RELEVANT
ISSUE. THESE ARE INDIVIDUALS WHO
ARE, THEIR BUDGETS COME FROM
MUNICIPALITY, LOCAL GOVERNMENT.
THOSE OF YOU THAT COME FROM
LOCAL GOVERNMENT, ARE GOING BACK
TO LOCAL GOVERNMENTS. SOME
PEOPLE ARE, IT CREATES A
LIABILITY FOR LOCAL GOVERNMENT
IF THERE IS AN OFFICER INVOLVED
SHOOTING AND THAT OFFICER TESTS
POSITIVE, THE LIABILITY FOR THAT
LAWSUIT IS GOING TO FALL ON
LOCAL GOVERNMENT. SO THERE'S AN
EXTENSION HERE, IF YOUR GROCERY
STORE WORKER BAGS YOUR GROCERIES
WRONG AND, AND, AND THEY'RE
POSITIVE THAT'S, THAT'S NOT THE
ISSUE THAT WE'RE FACING HERE.
THIS IS THE I SAID IT EARLIER
THAT IT WAS THE SAME EXEMPTION
THAT WAS GIVEN TO THE TRADES.
IT'S NOT IT'S MUCH NARROWER. AND
IF THIS BODY IN ITS WISDOM IN
PASSING THAT BILL FOR CANNABIS,
THOUGHT THAT THE TRADES
OPERATING EQUIPMENT DESERVED AN
EXEMPTION, BECAUSE THEY, COULD
CAUSE HARM TO OTHER PEOPLE OR
PROPERTY LAW ENFORCEMENT
OFFICERS, LIKE I SAID, MAKING A
SPLIT SECOND DECISION, CARRYING
A FIREARM, MAKING DECISIONS THAT
A CELL PHONE. IS IT A GUN? IS
IT, YOU KNOW, ALL THESE THINGS
THAT WE FACE, EVERY SINGLE DAY
IN THIS STATE, THEY SHOULD BE
HELD TO A HIGHER STANDARD. AND
THEY SHOULD BE ABLE TO DRUG TEST
THEM. AND THEY DON'T KNOW, LIKE
ON A SWAT TEAM WHEN THEY GET
CALLED OUT, I HAD A SWAT TEAM
MEMBER HAVE TO JUMP THROUGH A
WINDOW TO SAVE A LITTLE GIRL. IT
HAD OPERATION IN ITS, THEY
DIDN'T KNOW THEY WERE GOING TO
GO TO WORK THAT DAY. THEY JUST
GOT A CALL. AND SO IT'S I'M NOT
THE TEACHER AND THE CONCERNS AND
THE GROCERY STORE WORKERS AND
ALL OF THAT. I THINK THE
SLIPPERY SLOPE THING DOESN'T
WORK. THIS WAS SOMETHING THAT WE
THOUGHT WAS COVERED UNDER
FEDERAL LAW. AND THE ORIGINAL
BILL, WE AS IN THE LAW
ENFORCEMENT OF, FACILITIES OR
AGENCIES AND IT'S NOT. AND SO
WE'RE JUST TRYING TO MAKE THIS
VERY, VERY, VERY NARROW
AMENDMENT. THANK YOU. I HAVE
ANOTHER QUESTION FOR THE
OPPOSITION. YOU DID MENTION THAT
SOME UNSWORN PERSONNEL WERE NOT
INCLUDED. COULD YOU GET MORE
DETAIL ON WHAT UNSWORN IS HAPPY
TO SPEAK TO THAT, SO RIGHT. AN
EARLIER VERSION OF THE BILL, DID
HAVE A FAR MORE EXPANSIVE
DEFINITION OF INCLUSION AND THE
SENATOR WORKING, OF COURSE, WITH
PRIOR COMMITTEES AND, THEIR
SPONSORS DID CHOOSE TO NARROW
THE BILL. SO NON-SWORN EMPLOYEES
ARE NO LONGER INCLUDED, WHEN
THERE WAS A BROAD DEFINITION IN
THE BILL THAT WOULD HAVE
IMPACTED THOUSANDS OF CI
MEMBERS. SO BEYOND THOSE
IMPACTED TODAY, AND THAT WOULD
HAVE BEEN SOME EXAMPLES I CAN
OFFER YOU, IF INCLUSION WOULD
HAVE BEEN ACTUALLY OUR HEALTH
CARE WORKERS THAT SOMETIMES GO
IN AND OUT OF, LAW ENFORCEMENT
ENVIRONMENTS TO PROVIDE CARE,
THAT COULD HAVE BEEN INCLUSIVE
OF ANIMAL CARE PROFESSIONALS
THAT WOULD BE ENGAGING WITH THE
COMMUNITY IN A FOSTER OR ADOPT
SITUATION THROUGH ANIMAL CARE AT
THE CITY OR COUNTY. SO IT WAS A
IT WAS A FAR BROADER DEFINITION.
AND DO ONE APPRECIATE THAT SOME
SIGNIFICANT NARROWING HAS
HAPPENED. AND WE DID WHEN THEY
BROUGHT THAT TO US, I WENT
STRAIGHT BACK TO LAW
ENFORCEMENT. I GO, LOOK, WHEN WE
DECIDED TO DO THIS, THIS IS
GOING TO BE FOR THOSE THAT CARRY
A GUN, MAKE SPLIT SECOND
DECISIONS THAT ARE IN THE ISSUE
OF DEALING WITH LIFE AND HEALTH
AND SAFETY OF OUR COMMUNITY. AND
WE TOOK THOSE AMENDMENTS. AND
WHEN WE GOT HERE, WE WORKED WITH
THE CHAIR AND THE COMMITTEE, AND
YOU GUYS WANTED A SUNSET TO SEE
IF IT WAS EFFECTIVE OR WORKING
OR, YOU KNOW WHAT? AND WE TOOK
THEM SINCE THAT AMENDMENT. SO
WE'VE BEEN WORKING WITH
OPPOSITION SINCE DAY ONE. THANK
YOU. AND I WANT TO THANK YOU,
SENATOR, FOR BRINGING THIS
FORWARD. OBVIOUSLY AS A LAW
ENFORCEMENT OFFICER THAT RETIRED
JUST OVER A YEAR AGO, WE TOOK AN
OATH. WE ARE HELD TO A HIGHER
STANDARD, AND WE SHOULD BE HELD
TO A HIGHER STANDARD. I'M VERY
PROUD TO SEE OUR LAW ENFORCEMENT
LEADERS ALSO HERE. OUR CHIEFS,
OUR SHERIFFS, ALSO STANDING
STRONG WITH THAT AS WELL,
BECAUSE WE DO TAKE AN OATH. I
THINK THAT'S THE BIG DIFFERENCE
ALSO THAT THAT WE HAVE WITH
OTHER WORKERS. WE DO TAKE THAT
OATH THAT HOLDS US TO THIS
HIGHER STANDARD. AND SO I'M VERY
PROUD TO SUPPORT THIS. AND I'LL
BE MOVING THE BILL, ASSEMBLY
MEMBER WARD. THANK YOU. THANK
YOU, SENATOR, FOR, YOU KNOW,
CERTAINLY CARING FOR, TRYING TO
DO THE RIGHT THING. MAKE SURE
THAT WE ARE HAVING, YOU KNOW,
SAFE CONDUCT, OUT THERE,
ESPECIALLY FOR THOSE THAT ARE
ENTRUSTED WITH THE POWERS OF
THIS JOB, I ACTUALLY WAS NOT
SUPPORTIVE OF THE PREVIOUS THE
PREVIOUS BILL THAT WAS
MENTIONED, THE BUILDING TRADES,
MUCH FOR THE SAME REASON. I JUST
REMAIN UNCONVINCED, ESPECIALLY
AFTER, YOU KNOW, GENERATIONS OF
DEBATE AROUND, RECREATIONAL
CANNABIS USE THAT, FOR SOMEBODY
THAT IS OFF HOURS ON THEIR OWN
TIME, YOU KNOW, IN PLACES WHERE
THEY'RE NOT GOING TO DO ANYBODY
HARM, THAT THERE IS ANY,
SUBSTANTIAL CONCERN, I TRIED I
OFTEN SORT OF LINK, YOU KNOW,
OUR APPROACH TO CANNABIS AS, IT
WOULD BE TO ALCOHOL CONSUMPTION.
I DO NOT WANT AN OFFICER SHOWING
UP TO WORK HIGH OR DRUNK, AND I
TRY TO BE VERY CONSISTENT, I
THINK, WITH, YOU KNOW, THE
RATIONALE THERE, ESPECIALLY POST
PROP SIX, PROPOSITION 64, SO FOR
THOSE REASONS, GENERAL, I STILL
FEEL LIKE WE ARE, MAINTAINING A,
REVERENCE TOWARDS THOSE THAT WE
DO UPHOLD TO A HIGHER STANDARD.
BUT I THINK GENERALLY THE HIGHER
STANDARDS IS BE A RESPONSIBLE
ADULT AND KNOW THAT, YOU KNOW,
IF YOU DO CHOOSE TO USE
RECREATIONAL RECREATIONALLY,
THAT YOU'RE DOING SO AT A TIME
AND A PLACE, WHICH IS SAFE, AND
WHICH IS NOT GOING TO PUT
YOURSELF OR OTHERS INTO HARM'S
WAY, AND SO TO BE CONSISTENT
WITH THAT, I CAN'T BE SUPPORTIVE
OF THE BILL TODAY, BUT I
APPRECIATE THE INTENT OF WHAT
YOU'RE DOING GIVEN THIS SPECIAL
CLASS OF WORKER HERE. YEAH. SO,
I ALSO WANT TO, THANK YOU FOR,
FOR FOCUSING ON THIS AREA. I
THINK I, WILL ALIGN MY COMMENT
S, ALONG WITH MUCH OF WHAT, MY
COLLEAGUE FROM SAN DIEGO HAS
SAID, YOU KNOW, I HAVE I COME
FROM A FAMILY OF POLICE
OFFICERS, I HAVE SEVERAL UNCLES
ON MY FATHER'S SIDE. I HAVE A
COUPLE COUSINS, A COUSIN ON MY
MOTHER'S SIDE, AND WHEN I SORT
OF LOOK AT THIS, I DO BELIEVE WE
HAVE TO HOLD, POLICE OFFICERS
AND OTHER, FOLKS TO A HIGHER
STANDARD, BUT I. I JUST HAVE A
PROBLEM WITH, BASICALLY A, A
SYSTEM OF TESTING ON A SORT OF A
LEGAL ACTIVITY THAT I DON'T SORT
OF SEE AS VERY DIFFERENT FROM
ALCOHOL USE. AND I DO THINK THAT
THERE ARE WAYS IN WHICH YOU CAN
WITHOUT I MEAN, WE ALREADY ARE
UNDER AT A, AT A TIME WHEN WE'RE
HAVING TROUBLE RECRUITING PEOPLE
INTO LAW ENFORCEMENT, WHERE OUR,
WHERE WE, YOU KNOW, DON'T
APPRECIATE THEM AS MUCH AS WE
OFTEN SHOULD FOR REALLY PUTTING
THEIR LIVES ON THE LINE AND, AND
THEN ACTUALLY HAVING A TESTING
REGIME, WHICH BASICALLY DOESN'T
REALLY HAVE MUCH TO DO WITH
WHETHER OR NOT, YOU KNOW, WHAT
YOUR CONDITION IS ON THE JOB AND
SUBJECTING ALL THESE FOLKS TO
THAT, I THINK IS SOMETHING THAT
IS, THAT I HAVE A PROBLEM WITH
AND I THINK IS SORT OF A BAD
PRECEDENT, YOU KNOW, CANNABIS IS
SOMETHING WHERE WE HAVE CHANGED
THE LAW IN THE STATE OF
CALIFORNIA, IT IS A LEGAL, ACT.
K¾T. AND SO TESTING WHERE WE
HAVE TESTS THAT DON'T
DIFFERENTIATE WHEN THE TEST IS
WHEN SOMEONE MAY BE USING IT ON
THE JOB VERSUS NOT IS SOMETHING
THAT I THINK IS NOT. YOU KNOW,
THE BEST APPROACH. I THINK
THERE'S OTHER WAYS THAT LAW
ENFORCEMENT CAN ASSURE THAT
THOSE THAT ARE PUBLIC SAFETY
OFFICIALS ARE NOT USING ON THE
JOB. AND I WOULD, YOU KNOW,
WOULD BE MORE, MORE SUPPORTIVE
OF THOSE KINDS OF, ACTIVITIES
RATHER THAN THIS KIND OF, YOU
KNOW, SORT OF BROAD SCALE
TESTING, WHICH IS JUST SO BLUNT
AND, YOU KNOW, YOU TEST, YOU DO
A TEST. IT SAYS THAT SOMEONE HAS
USED CANNABIS IN SOME AMOUNT OF
TIME UNDER WHAT, THE TESTING
REGIME. AND THAT DOESN'T
NECESSARILY MEAN THAT THEY'VE
USED IT ON THE JOB. AND I THINK
IT MEANS THAT YOU ACTUALLY HAVE
FOLKS THAT ARE UNDER THAT ARE
NOW SUSPECT OF USING ON THE JOB
BECAUSE YOU'VE GOT THIS TEST,
THEY'VE GOT TO EXPLAIN IT. IT'S
PUTTING THEM THROUGH A WHOLE
POTENTIAL DISCIPLINARY ACTIVITY
FOR DOING THAT. AND I JUST DON'T
THINK THAT'S A GOOD THING. SO,
SO AGAIN, I'M NOT GOING TO BE
ABLE TO SUPPORT THIS TODAY, BUT
WANT TO THANK YOU FOR YOUR FOCUS
IN THIS AREA. THANK YOU. OKAY,
OKAY. SEEING NO OTHER COMMENTS,
I JUST, YOU KNOW, THANK THE
AUTHOR AND THE OPPOSITION FOR
YOUR WORDS TODAY, THIS ONE WAS
HARD. I HAVE TO ACKNOWLEDGE
THAT. I DID SPEND SOME TIME
GOING BACK AND FORTH AND REALLY
LOOKING AT IT. I WAS CONCERNED
WITH THE BROADNESS OF IT AND BUT
WAS GLAD TO SEE THAT IT WAS
NARROWLY DEFINED IN THE SENATE.
SO, YOU KNOW, HAVE TALKING TO
YOU AND, TRY TO MAKE IT EVEN
MORE NARROW BY ADDING THE SUNSET
, WHICH IS WHY I'M SUPPORTING IT
TODAY. BUT AGAIN, CAUTIOUSLY
OPTIMISTIC THAT YOU WILL
CONTINUE TO WORK WITH THE
OPPOSITION AS WE MOVE. I BELIEVE
THIS BILL IS DOUBLE REFERRED, SO
THERE'LL BE MORE TIME FOR
DISCUSSION. AND AS IT HEADS TO
THE NEXT COMMITTEE, IF IT DOES
SO WITH THAT, I THINK WE HAD A
MOTION AND A SECOND, SECRETARY,
PLEASE CALL THE ROLL AND CLOSE.
Þ SENATOR, WOULD YOU LIKE TO
CLOSE? I AM SO SORRY. THAT'S
OKAY, MADAM CHAIR. YOU HAVE. I
WAITED WITH SENATOR WIENER. SO,
YOU'VE HAD YOUR HANDS FULL
TODAY, SO I APPRECIATE YOU,
WORKING WITH ME ON THIS BILL TO
NARROW IT EVEN FURTHER. AGAIN
THE BUILDING AND CONSTRUCTION
TRADE HAVE A COMPLETE EXEMPTION
BASED ON THE INFORMATION FROM MY
COLLEAGUES FROM SAN DIEGO AND
THE BAY AREA. YOU, THEIR
EXEMPTION IS FAR MORE EXPENSIVE
THAN THE ONE I'M ASKING FOR. FOR
LAW ENFORCEMENT. BOTH I THINK,
ARE VERY, VERY SIGNIFICANT
INDUSTRY TRADES, AGAIN, AS I
SAID EARLIER, OPERATING A PIECE
OF EQUIPMENT COULD CAUSE
DETRIMENTAL HARM TO AN
INDIVIDUAL, ESPECIALLY IF
THEY'RE, YOU KNOW, ON A HIGHWAY
OR FREEWAY OR ANYTHING LIKE
THAT. AND THEN ALSO, YOU KNOW,
LAW ENFORCEMENT. SO, BUT THE LAW
ENFORCEMENT, THIS BILL THAT YOU
HAVE BEFORE YOU IS MUCH MORE
NARROW THAN THAT MUCH, MUCH MORE
NARROW. AND IT DOES HAVE A
SUNSET WHERE THE OTHER THE OTHER
EXEMPTION DOES NOT, I APPRECIATE
MY COLLEAGUES COMMENTS. I
APPRECIATE YOUR COMMENTS AND
YOUR THOUGHTFUL DISCUSSION WITH
THIS BILL AS WELL. RESPECTFULLY
ASK FOR AN AYE VOTE. THANK YOU.
SECRETARY, PLEASE CALL THE ROLL.
THE MOTION IS DUE. PASS TO
JUDICIARY. ORTEGA A ORTEGA I
FLORA. HI FLORA I ALANIZ. HI.
ALANIZ I LOWENTHAL. LOWENTHAL.
NOT VOTING. LEE. NO. LEE. NO.
WARD. NO WARD. NO. ZUBER. NO
ZUBER. NOT VOTING. THE MEASURE
FAILS. THANK YOU, MADAM CHAIR,
CAN I PETITION FOR
RECONSIDERATION? IS THAT
POSSIBLE? WITHOUT OBJECTION.
THANK YOU. MA'AM YOU HAVE A
WONDERFUL DAY. THANK YOU.
COLLEAGUES SENATOR WIENER AND
LEFT. SO WE WILL GIVE HIM A CALL
AND TRY TO GET HIM BACK HERE. Þ
LEE, ASSEMBLY MEMBER. LEE, WOULD
YOU BE WILLING TO PRESENT FOR
SENATOR DURAZZO? OKAY.
ITEM NUMBER 11, SB 1460,
PRESENTED ON BY ASSEMBLY MEMBER
LEE ON BEHALF OF SENATOR
DURAZZO. YES. WHENEVER YOU'RE
READY. THANK YOU, MADAM CHAIR
AND FELLOW MEMBERS, SB 1460 WILL
ESTABLISH STANDARDS FOR ACCESS
TO HIGH PAID JOBS AND SAFE
WORKING CONDITIONS IN OUR
BROADBAND BUILDOUT. THE BILL
SUPPORTS AGREEMENTS BETWEEN
STATE AGENCIES TO ADVANCE THE
CREATION OR RETENTION OF HIGH
QUALITY COMMUNICATION JOBS AND
EQUITABLE ACCESS THROUGH QUALITY
TRAINING. CALIFORNIA HAS THE
HIGHEST SUPPLEMENTAL PAY POVERTY
RATE OF ALL 50 STATES. THE BIDEN
ADMINISTRATION HAS BEEN CLEAR
THAT FEDERAL INVESTMENTS ARE
MEANT TO IMPACT JOBS, THE
ECONOMY, AND POVERTY. THEY
EXPECT STATES TO INCLUDE STRONG
LABOR STANDARDS AND EQUITY WHEN
USING FEDERAL FUNDS. THEY HAVE
ISSUED GUIDANCE ON COMMUNITY
BENEFITS, AND PLAS AND HOSTED
WEBINARS ARE ENGAGING
COMMUNITIES ADVANCING DIVERSITY,
EQUITY, INCLUSION AND
ACCESSIBILITY. WHEN CALIFORNIA
ROLLED OUT BILLIONS OF TAXPAYER
FUNDED MIDDLE MILE PROJECTS, THE
AGENCIES INVOLVED DID NOT
INCLUDE STANDARDS THAT SUPPORT
QUALITY JOB CREATION, ACCESS TO
THOSE JOBS. INSTEAD, THEY
REFERENCED THE BASIC LABOR LAWS
THAT ARE GENERALLY APPLICABLE TO
THESE TYPES OF PROJECTS WITHOUT
STRONG LABOR STANDARDS, WE MAY
END UP WITH A NETWORK THAT IS
INCOMPLETE OR CANNOT BE KEPT
RUNNING, AND THE WORKERS WHO ARE
AVAILABLE MAY COME THROUGH
CONTRACTORS WHO ARE NOT
PROVIDING THE BEST HEALTH AND
SAFETY TRAINING AND TECHNICAL
TRAINING THAT IS BROADBAND
SPECIFIC. THESE ARE WORKERS WHO
RUN THE FIBER OPTIC LINES, WHO
SPLICE THE LINES AND CONNECT THE
BROADBAND NETWORK TO HOMES, AND
THIS TOO OFTEN GETS OVERLOOKED.
A MAJOR PART OF THIS NEED IS FOR
WORKERS WHO CAN MAINTAIN AND
REPAIR THE FIBER OPTIC LINES AND
NETWORK. ONCE THERE IS CONNECT
ACTIVITY. IF WE DO NOT TAKE
STEPS NOW TO GET PEOPLE INTO
THIS WORKFORCE THROUGH
INTER-AGENCY COORDINATION, WE
RUN THE RISK OF THE NETWORK NOT
BEING BUILT OUT IN THE FRONT END
OR NOT HAVING ENOUGH WORKERS TO
KEEP IT RUNNING AND REPAIRED. IN
LONG RUN, WE NEED LOCAL HIRES
AND TO PULL FROM HIGH END
EMPLOYMENT AREAS TO NOT ONLY
BUILD OUT BROADBAND, BUT TO
BUILD OUT THE MIDDLE CLASS.
TODAY, MARK ELLIS FROM CWA. CWA
LOCAL 9413 AND IGNACIO HERNANDEZ
ARE HERE TO SUPPORT TESTIFY IN
SUPPORT OF SENATOR DEROSA'S BILL
. THANK. THANK YOU FOR HAVING
ME. FOR THE RECORD, MY NAME IS
MARK ELLIS. I'M THE PRESIDENT OF
COMMUNICATION WORKERS OF
AMERICA, LOCAL 9413. I'M ALSO
THE POINT PERSON FOR THE
BROADBAND BRIGADE IN DISTRICT
NINE, WHICH REPRESENTS
CALIFORNIA, NEVADA AND HAWAII. I
HAD A LONG SPEECH WRITTEN UP,
BUT I'LL KEEP IT BRIEF BECAUSE
IT'S A LONG DAY. REAL BRIEFLY,
THREE THINGS SHOULD HAVE
HAPPENED DURING THE BID PROCESS.
A WE SHOULD BE LOOKING TO MAKE
SURE THAT THESE JOBS STAY IN
CALIFORNIA. B, WE SHOULD MAKE
SURE THAT THESE PEOPLE ARE WELL
TRAINED AND WELL PAID AND WELL
PROTECTED. AND LASTLY, WE NEED
TO MAKE SURE THAT THESE
COMPANIES ARE NOT OUT OF STATE.
COMPANIES THAT COME HERE, PUT IT
IN CHEAPLY AND LEAVE, LEAVING
YOU GUYS HOLDING, YOU KNOW,
HOLDING THE SHORT END OF THE
STICK. SO LIKE I SAID, I'LL
BYPASS MY LONG SPEECH AND I'LL
CALL IT A DAY. I'M PROUD TO
ANSWER ANY QUESTIONS. THANK YOU.
THANK YOU. IGNACIO HERNANDEZ ON
BEHALF OF THE COMMUNICATION
WORKERS OF AMERICA, DISTRICT
NINE, CALIFORNIA, NEVADA,
HAWAII, ALSO KEEP IT BRIEF. YOU
KNOW, WE'VE DONE A LOT OF WORK
OVER THE LAST YEAR OR TWO TRYING
TO GET MORE WORKERS INTO TO THE
BROADBAND WORKFORCE, BRING THOSE
FOLKS BACK WHO WORKED IN
BROADBAND, WHO LOST THEIR JOBS
BACK INTO THE FOLD, AND ALSO
TRYING TO RECRUIT NEW PEOPLE
INTO, THIS AREA. THERE'S GOING
TO BE A BIG NEED NOW AND GOING
FORWARD IN BROADBAND. AND SO WE
NEED TO TAKE EVERY STEP POSSIBLE
TO BUILD THIS WORKFORCE AND GET
THE RIGHT FOLKS INTO THE
WORKFORCE, CWA DISTRICT NINE,
FOR EXAMPLE, HAS PUT TOGETHER A
WEBSITE THAT WILL CONNECT
WORKERS AND POTENTIAL EMPLOYERS
IN BROADBAND, BUT THAT EVEN THAT
WON'T BE ENOUGH. SO WE THINK
THIS BILL GOES A LONG WAY. IT'S
A MAJOR STEP, NOT THE ONLY STEP,
BUT A BIG STEP FORWARD. AND WE
ASK FOR YOUR SUPPORT. THANK YOU.
DO WE HAVE ADDITIONAL COMMENTS
AND SUPPORT? MADAM CHAIR MEMBERS
SARA FLOCKS, CALIFORNIA LABOR
FEDERATION, IN SUPPORT. TERENA
WATSON, LOCAL 9400 CWA STANDING
IN STRONG SUPPORT. ELADIO
SALDIVAR, CWA LOCAL 9421. AND
I'M ONE OF THOSE WORKERS THAT
DOES THE WORK TO IMPLEMENT THE
BROADBAND AND STRONG SUPPORT.
JACOB YOUNG, CWA LOCAL 9421 OUT
OF SACRAMENTO. I'M ALSO A WORKER
THAT INSTALLS BROADBAND AND I'M
IN SUPPORT. DO WE HAVE ANY
MEMBERS OR ANY COMMENTS IN
OPPOSITION? SEEING NONE, WE'LL
MOVE IT TO THE MEMBERS. OH, WE
HAVE ONE. OH OKAY, HELLO,
AMANDA, WITH CAL BROADBAND WE
ARE IN OPPOSED, BUT WE ARE
WORKING WITH, SENATOR DURAZO,
AND HOPE TO GET OUR ISSUES
RESOLVED BEFORE THE NEXT
COMMITTEE. THANK YOU, THANK YOU.
I APPRECIATE ALL THE BRIEF
COMMENTS ON THIS BILL. I NEED A
MOTION AND A SECOND. YEAH,
ASSEMBLY MEMBER, WOULD YOU LIKE
TO CLOSE ON BEHALF OF SENATOR, I
RESPECTFULLY ASK FOR YOUR IPHONE
. DO WE HAVE A SECOND? SECOND?
OKAY, WE HAVE A MOTION, A SECOND
SECRETARY, PLEASE CALL THE ROLL.
THE MOTION IS DUE. PASS TO
COMMUNICATIONS AND CONVEYANCE
COMMITTEE. ORTEGA I, ORTEGA I
FLORA I FLORA I ALL IN EAST. HI.
ALL IN EAST I LOWENTHAL. HI
LOWENTHAL I LEE I LI I WARD.
WARD I ZIPPER COMMISSIONER. THAT
MEASURE IS OUT. THANK YOU. OKAY,
NOW WE JUST HAVE ONE MORE
SENATOR WIENER AND I BELIEVE
HE'S BEEN CONTACTED, SO WE WILL
WAIT. HAS ANYBODY PRESENT? YEAH,
SHE WOULD. DO YOU WANT TO? WE
CAN LIFT THE CALL ON ITEM NUMBER
EIGHT, SB TEN NINE 1089. FLORA
MØT. FLORA. NOT VOTING. LEE I,
LEE I SABER THAT MEASURE. THAT
MEASURE IS OUT.
WE'LL GO AHEAD AND DO, ADD ONS.
SB 984 ABSENT MEMBER. WARD. WARD
I ZUBIATE. SB 1321 ABSENT.
MEMBER WARD. WARD I. SB 1100.
LEE LEE I WARD. WARD I BURKE. SB
1162. LEE. SB 1162. THE CONSENT
CALENDAR. LEE I WARD. WARD I. SB
1303. ABSENT MEMBERS. LEE I, LEE
I. WARD WARD. EYES BURN. SB 1340
ABSENT. MEMBER WARD. WARD I. SB
1446 SUPERS OKAY OKAY.
SO WE ARE WAITING ON SENATOR
WIENER, AND THEN WE'LL BE DONE
WITH OUR AGENDA.
NO APOLOGIES. THANK YOU FOR,
BEING HERE. SENATOR WIENER, I
APPRECIATE YOU RETURNING SO
PROMPTLY. ITEM NUMBER THREE, SB
988. THANK YOU, COLLEAGUES, SB
988 IS THE FREELANCE WORKER
PROTECTION ACT PROVIDING BASIC
PROTECTIONS FOR FREELANCE
WORKERS TO MAKE SURE THEY GET
PAID IN A TIMELY MANNER AND HAVE
A WRITTEN CONTRACT. WE HAVE
WORKED HARD WITH OPPOSITION, AND
I BELIEVE WE ARE AT A POINT
WHERE WE HAVE NO OPPOSITION AS
FAR AS I KNOW, AND SO I WILL
LEAVE IT THERE AND RESPECTFULLY
ASK FOR AN AYE VOTE WITH ME
TODAY TO TESTIFY IS ELIZABETH
AARON, A FREELANCE WRITER AND
EDITOR AND MEMBER OF THE
NATIONAL WRITERS UNION, AND
SHANE GUZMAN FROM THE TEAMSTERS,
CALIFORNIA TEAMSTERS PUBLIC
AFFAIRS COUNCIL. THANK YOU,
SENATOR WIENER, MADAM CHAIR,
COMMITTEE MEMBERS. MY NAME IS
ELIZABETH AARON. I AM A
FREELANCE WRITER AND EDITOR IN
OAKLAND. I'VE BEEN FREELANCING MORE THAN A
DECADE, DOING LONG TERM AND ONE
OFF PROJECTS. FEBRUARY OF 2020,
I COMPLETED TWO PROJECTS FOR A
CLIENT, ONE UNDER A CONTRACT
THAT SPANNED SEVERAL YEARS AND
ONE THAT WAS A SHORT TERM
PROJECT. ACCORDING TO THE
CONTRACT AND INVOICE TERMS. I
WAS OWED NEARLY $3,000 WITHIN 30
DAYS OF COMPLETION. I PLANNED TO
PUT THE FUNDS TOWARD PAYING OFF
A DEBT, THEN THE PANDEMIC HIT.
EVERYTHING SHUT DOWN, AND
ALTHOUGH THE CLIENTS KNEW THAT
THESE PAYMENTS WERE GOING TO BE
COMING UP, THEY SAID THAT THEIR
INCOME HAD STOPPED AND THEY
COULDN'T PAY ME, BUT WOULD AS
SOON AS THEY COULD. ALTHOUGH I
WAS, IT WAS A HARDSHIP FOR ME.
THESE WERE UNUSUAL TIMES, AND I
HAD A LONG STANDING RELATIONSHIP
WITH THESE CLIENTS, SO I
EXPRESSED MY UNDERSTANDING. YET
FOR TEN MONTHS THROUGH DECEMBER
OF THAT YEAR, I WAS STRUNG ALONG
DESPITE HAVING MY HAVING
COMPLETED MY WORK AND THE CLIENT
HAVING IT. THE CLIENT MADE NO
EFFORT TO PAY EVEN A PORTION OF
WHAT I WAS OWED, AGREEING TO A
PAYMENT PLAN AND DID NOT
ACKNOWLEDGE THE IMPACT THEIR
WITHHOLDING HAD ON ME. LUCKILY,
I INSISTED AN ATTORNEY DRAW UP A
CONTRACT BEFORE THE WORK HAD
BEGUN FOR THE LONGER PROJECT,
AND THAT DECEMBER, I EMAILED THE
CLIENT ABOUT THE NEED FOR
PAYMENT, THIS TIME COPYING THE
ATTORNEY. THE CLIENT FINALLY
AGREED TO PAY, ALBEIT ON A
MONTHLY BASIS, OVER THE NEXT
YEAR. THIS RESULTED IN ADDED
STRESS, EXTRA TIME AND ENERGY.
FOLLOWING UP ON TRACKING
PAYMENTS AND MISSING THE WINDOW
TO USE THE FUNDS. THE WAY THAT I
HAD PLANNED WHAT SHOULD HAVE
BEEN LESS THAN 30 DAYS FOR FULL
PAYMENT BECAME 22 MONTHS, AND
THIS WAS STILL Ã MORE. AND THIS
IS STILL MORE POSITIVE OUTCOME
THAN MANY FREELANCERS FACE IN
SIMILAR SITUATIONS. OUR
FREELANCE COLLEAGUE IN BERKELEY
RECENTLY SHARED HOW A CLIENT
IGNORED HER INVOICE, YET SENT
HER NEW ASSIGNMENTS IN GROUPS
FOR FREELANCE WRITERS THAT I'M
IN, THESE CIRCUMSTANCES ARE
PERVASIVE. IT'S IMPORTANT FOR
FREELANCERS ARE PROTECTED FROM
LOSING OWED INCOME AND ANY
UNFAIR TREATMENT, WHETHER
RESULTING FROM CIRCUMSTANCES
THAT ARE EXTENUATING, LIKE A
PANDEMIC OR ANY OTHER REASON.
THIS BILL WILL HELP ENSURE
FREELANCE WORKERS ARE ABLE TO
MAINTAIN THEIR LIVELIHOODS. IT
WILL BE THE DIFFERENCE BETWEEN
WONDERING IF WE'LL BE ABLE TO
PAY OUR BILLS, AND FEELING
CONFIDENT OUR WORK AND PAY
AGREEMENTS WILL BE HONORED.
THANK YOU, MADAM CHAIR. MEMBERS
OF THE COMMITTEE, SHANE GUSMAN,
ON BEHALF OF THE TEAMSTERS, WE
ARE PROUD CO-SPONSOR OF THIS
BILL. IN THE INTEREST OF TIME, I
WILL JUST, ASK FOR YOUR AYE
VOTE. AND IN THE EXPLOITATION OF
THE FREELANCE INDUSTRY. THANK
YOU, ARE THERE ANY WITNESSES IN
SUPPORT OR OPPOSITION? THÀNH
SEEING NONE. BRING IT BACK TO
THE COMMITTEE. ANY COMMENTS OR
QUESTIONS? SEEING NONE. WE HAD A
MOTION AND A SECOND SECRETARY.
OH SENATOR, WOULD YOU LIKE TO
CLOSE? RESPECTFULLY ASK FOR A
VOTE? SECRETARY PLEASE CALL THE
ROLL. THE MOTION IS DUE. PASS TO
JUDICIARY COMMITTEE. ORTEGA I,
ORTEGA I FLORA. FLORA I ALANIS I
ALANIS I LOWENTHAL I LOWENTHAL I
LEE I LI I WARD WARD AYZENBERG
MEASURES THE MEASURE IS OUT.
THANK YOU SO MUCH, MADAM CHAIR.
THANK YOU. COLLEAGUES. THANK
YOU. THANK YOU SO MUCH. SEE YOU
IN THE MORNING. VERY GOOD TO SEE
YOU. WE WILL, WAIT ON MR.
ZUBIATE TO COME BACK IN AT.
YES, MADAM. CHAIR.
SO WE HAVE A FIRST.
YEP.
DO IT. FOR ADD ONS. SB 984.
ZIPPER ZIPPER. I. SB 988. ZIPPER
I ZIPPER I. SB 1100 ZIPPER.
ZIPPER I. SB 1162. THE CONSENT
CALENDAR. SABER ZIPPER I. SB
1303. ZIPPER ZIPPER I. SB 1089
ZIPPER ZIPPER I. SB 1446. ZIPPER
ZIPPER I AND SB 1460 ZEBRA.
ZEBRA I. THANK YOU. SEEING NO
FURTHER BUSINESS, WE ARE
ADJOURNED.