GOVERNOR'S VETO

GV Bill Id:AB 2538

Author:(Grayson)

As Enrolled Ver:September 3, 2024

2/3 vote

SUMMARY

Requires actions by various executive state entities relating to the employment of seasonal firefighters at the California Department of Forestry and Fire Protection (CAL FIRE), among other provisions. Senate amendments:

1. Required, on or before January 10, 2030:
2. The Legislative Analyst's Office (LAO) to provide a report to the Legislature that assesses the impacts and outcomes of authority granted pursuant to this bill on CAL FIRE's capacity to confront emergency fire conditions and personnel shortages; and,
3. The LAO's assessment to include the number and hours of seasonal firefighters employed longer than nine months in a consecutive 12-month period, and the assessment to include an analysis of any impacts of the authority granted on CAL FIRE's implementation of a 66-hour workweek.
4. Required CAL FIRE to notify the Senate Committee on Budget and Fiscal Review, Assembly Committee on Budget, the Senate Natural Resources and Water Committee, and the Assembly Natural Resources Committee within 30 days of the CAL FIRE director making a determination whether current staffing levels for firefighters are insufficient, as provided.
5. Established that the provisions of this bill are effective only until January 1, 2031, and are repealed thereafter.

Governor's Veto Message

"The bill would, among other things, require the Department of Forestry and Fire Protection (CAL FIRE) to employ seasonal firefighters (FFI) through the use of an employment list. This bill would also require the Department of Human Resources to coordinate with the State Personnel Board, and any other relevant State agency, to take the necessary actions to allow CAL FIRE to employ seasonal firefighters for longer than 9 months in a consecutive 12-month period."

"Increasing CalFIRE's capacity is an important objective, and with the introduction of a 66-hour work week for firefighters, my Administration will need to hire more than 2,000 new year-round firefighters, significantly increasing the department's capacity in the off-season. This bill is therefore unnecessary.

"Additionally, this bill raises challenging questions about its compatibility with Article VII, Section 5 of the California Constitution, which provides general that a temporary appointment may be made in the absence of employment lists, an no person may serve in more positions under a temporary appointment for longer than 9 months in a consecutive 12-month period. The seasonal firefighters that are the subject to this bill are hired into the Firefighter I classification, which is a temporary appointment."

COMMENTS

Background: CAL FIRE and Ongoing Efforts to Respond to CAL FIRE Staffing Concerns

The CAL FIRE's primary responsibilities are fire response and resource management for wildland fire response in State Responsibility Areas. Among these responsibilities, the CAL FIRE provides all fire hazard, medical, rescue, and disaster emergency response to the public and provides leadership to protect life, property, and the state's natural resources. Whereas, the federal government is responsible for wildland fire response on federal lands, CAL FIRE's responsibility includes areas that mostly are privately owned wildlands that encompass about one-third of the state's total acreage. In some instances, local jurisdictions contract with the CAL FIRE to provide fire protection and other services on their behalf.

To facilitate around-the-clock public safety and preservation of the state's natural resources, CAL FIRE firefighters have a different work schedule than most other state employees. Generally, CAL FIRE operates on a 72-hour workweek that typically consists of three consecutive 24-hour days (where the firefighters reside and sleep at the fire station), followed by four days off. However, when major (including multiple major) fires occur, the workweek hours of these firefighters can substantially increase. Due to the state's major annual fire seasons and to prioritize the health and welfare of these firefighters, in September 2022, the Legislature approved a Memorandum of Understanding (MOU) affecting Bargaining Unit 8 (CAL FIRE firefighters) that contemplated implementing a 66-hour workweek (reduced from the 72-hour workweek). While the costs of adopting the 66-hour workweek are unknown at this time, the LAO recently opined, among other things, that the 66-hour workweek proposal "… comes at a time when the state faces a large, ongoing budget problem," and, "…the Legislature faces a key decision as to whether implementing the 66-hour workweek proposal is affordable given the state's fiscal condition."^[1]

Wildfires in California

Catastrophic and devastating wildfires have occurred repeatedly in the state in recent years. Nine of the 20 largest and seven of the 20 most destructive wildland fires in state history occurred in 2020 and 2021 when almost seven million total acres burned. The 2020 August Complex Fire in northern California – the largest fire in California's modern history – burned over one million acres, and the 2021 Dixie Fire was almost one million acres. Two wildland fires in recent years burned over the crest of the Sierras, which had not been previously observed. In the last several years, tens of thousands of structures – almost entirely homes – have been destroyed from wildland fire, insured losses incurred are in the billions of dollars, prime habitat has been destroyed or damaged, and, tragically, hundreds of lives have been lost. In addition, millions of Californians have been exposed to unhealthy air quality due to the wildfires.

While wildland fires have always been present in the state, the number of days with extreme fire risk has more than doubled in the last 40 years. This is likely to continue to increase. One of the impacts of climate change in the state is an increase in the frequency and intensity of wildfires. In forested regions, decades of fire suppression, historic logging practices, and drought have produced unhealthy forests; in some forests, the current tree density is up to an order of magnitude greater than the density a century ago. These conditions exacerbate the risk of an extreme wildfire developing when a fire occurs. Further, the proliferation of new homes in the wildland urban interface magnify the threat and place substantially more people and property at risk than in preceding decades. More than 25 million acres of California wildlands are classified as under very high or extreme fire threat, extending that risk over one-quarter of the state.

The Legislature has taken an active role in recent years in providing unprecedented funding and resources to support wildfire resilience and reduce and address the risk of catastrophic wildfires. In particular, the LAO estimates CAL FIRE's total base wildfire protection budget has nearly tripled over the past 10 years, from $1.1 billion in 2014-15 to $3 billion in 2023-24. Correspondingly, CAL FIRE's staffing levels have increased significantly over the past decade. Specifically, between 2014‑15 and 2023‑24, the number of positions that CAL FIRE categorizes as related to fire protection increased from 5,756 to 10,275, and the total number of positions at the department grew from 6,632 to 12,000 (representing roughly an 80 percent increase in both cases).

Please see the respective policy committee analyses for a full discussion of this bill.

According to the Author

"… the increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters. The threat of profound loss of property and lives goes beyond the 9-month tenure of firefighters. The problem is exacerbated by the loss of California Conservation Corps hand crews.

"In 2023 alone, CAL FIRE crews fought 7,127 wildfires that burned over 300,000 acres across the state. The mental health of CAL FIRE firefighters is placed at risk by the extremely long hours working under extreme duress, sometimes for a month on duty without a day off. Additionally, conservancy studies have shown the health risks that come with working long hours at "point zero" of these fires that can sometimes burn for weeks on end. Prolonged exposure to the types of harmful air particulates created by these fires causes immediate and long-term physical and mental health risks. The results of the current situation have been dire for CAL FIRE and the communities they protect. In the last 2 years, more than 400 employees left the Department for better hours and working conditions, and the Department's mental health hotline has received over 20,000 calls a year. The increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters."

Arguments in Support

Among other things, CAL FIRE Local 2881 states that, "[the] legislation directs [CAL FIRE] to work with [CalHR] to allow the [CAL FIRE Director] to keep seasonal employees on duty for longer than the customary nine months for reasons of emergency fire conditions or personnel shortages. The California constitution allows seasonals to work a longer period as long as the employees are chosen from a certified [CAL FIRE] list. The reasons have been made obvious by the disastrous fire seasons of previous years. The closure of Correctional Facilities has meant that [CAL FIRE] has half the inmate crews they had just a few years ago. The problem is worsened by the timing late in the year of catastrophic fires subsequent to the release of seasonals. The discretion allowed the [CAL FIRE Director] a necessary option as California deals with disasters that once seemed incomprehensible and are now inherent with the New Normal."

According to the California Forestry Association, "[although] the Legislature has increased funding for both wildfire prevention and suppression, personnel challenges, exacerbated by a significant reduction in grade available justice-involved individuals and the drastic reduction in inmate crews have made it difficult for [CAL FIRE] to fully staff fire crews. [This bill] is a common sense and cost-effective measure that will help ensure that [CAL FIRE] has the flexibility to extend seasonal employment when necessary to fulfill its mission to prevent and respond to catastrophic wildfires."

Arguments in Opposition

None.

FISCAL COMMENTS

According to the Senate Appropriations Committee:

1. The California Department of Human Resources and CalFIRE note that the bill's fiscal impact cannot be officially determined, as it is not implementable. The bill is in conflict with the California Constitution.
2. To the extent this bill could be implemented, it would result in unknown, likely significant General Fund costs, potentially in the hundreds of thousands of dollars over several years, to ensure that CalFIRE may employ seasonal firefighters for longer than nine months.

VOTES

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 7-0-0

YES: McKinnor, Lackey, Boerner, Vince Fong, Hart, Stephanie Nguyen, Luz Rivas

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones- Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

ASSEMBLY FLOOR: 76-0-3

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Robert Rivas

ABS, ABST OR NV: Cervantes, Ortega, Zbur

UPDATED

VERSION: September 3, 2024

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0005085

1. "CalFire – Implementation of a 66-Hour Workweek." LAO, March 2024. ↑

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2538

Author:(Grayson)

As Amended Ver:June 27, 2024

Majority vote

SUMMARY

Requires actions by various executive state entities relating to the employment of seasonal firefighters at the California Department of Forestry and Fire Protection (CAL FIRE), among other provisions.

Senate Amendments

1. Require, on or before January 10, 2030:
2. The Legislative Analyst's Office (LAO) to provide a report to the Legislature that assesses the impacts and outcomes of authority granted pursuant to this bill on CAL FIRE's capacity to confront emergency fire conditions and personnel shortages; and,
3. The LAO's assessment to include the number and hours of seasonal firefighters employed longer than nine months in a consecutive 12-month period, and the assessment to include an analysis of any impacts of the authority granted on CAL FIRE's implementation of a 66-hour workweek.
4. Require CAL FIRE to notify the Senate Committee on Budget and Fiscal Review, Assembly Committee on Budget, the Senate Natural Resources and Water Committee, and the Assembly Natural Resources Committee within 30 days of the CAL FIRE director making a determination whether current staffing levels for firefighters are insufficient, as provided.
5. Establish that the provisions of this bill are effective only until January 1, 2031, and are repealed thereafter.

COMMENTS

Background: CAL FIRE and Ongoing Efforts to Respond to CAL FIRE Staffing Concerns

The CAL FIRE's primary responsibilities are fire response and resource management for wildland fire response in State Responsibility Areas. Among these responsibilities, the CAL FIRE provides all fire hazard, medical, rescue, and disaster emergency response to the public and provides leadership to protect life, property, and the state's natural resources. Whereas, the federal government is responsible for wildland fire response on federal lands, CAL FIRE's responsibility includes areas that mostly are privately owned wildlands that encompass about one-third of the state's total acreage. In some instances, local jurisdictions contract with the CAL FIRE to provide fire protection and other services on their behalf.

To facilitate around-the-clock public safety and preservation of the state's natural resources, CAL FIRE firefighters have a different work schedule than most other state employees. Generally, CAL FIRE operates on a 72-hour workweek that typically consists of three consecutive 24-hour days (where the firefighters reside and sleep at the fire station), followed by four days off. However, when major (including multiple major) fires occur, the workweek hours of these firefighters can substantially increase. Due to the state's major annual fire seasons and to prioritize the health and welfare of these firefighters, in September 2022, the Legislature approved a Memorandum of Understanding (MOU) affecting Bargaining Unit 8 (CAL FIRE firefighters) that contemplated implementing a 66-hour workweek (reduced from the 72-hour workweek). While the costs of adopting the 66-hour workweek are unknown at this time, the LAO recently opined, among other things, that the 66-hour workweek proposal "… comes at a time when the state faces a large, ongoing budget problem," and, "…the Legislature faces a key decision as to whether implementing the 66-hour workweek proposal is affordable given the state's fiscal condition."^[1]

Wildfires in California

Catastrophic and devastating wildfires have occurred repeatedly in the state in recent years. Nine of the 20 largest and seven of the 20 most destructive wildland fires in state history occurred in 2020 and 2021 when almost seven million total acres burned. The 2020 August Complex Fire in northern California – the largest fire in California's modern history – burned over one million acres, and the 2021 Dixie Fire was almost one million acres. Two wildland fires in recent years burned over the crest of the Sierras, which had not been previously observed. In the last several years, tens of thousands of structures – almost entirely homes – have been destroyed from wildland fire, insured losses incurred are in the billions of dollars, prime habitat has been destroyed or damaged, and, tragically, hundreds of lives have been lost. In addition, millions of Californians have been exposed to unhealthy air quality due to the wildfires.

While wildland fires have always been present in the state, the number of days with extreme fire risk has more than doubled in the last 40 years. This is likely to continue to increase. One of the impacts of climate change in the state is an increase in the frequency and intensity of wildfires. In forested regions, decades of fire suppression, historic logging practices, and drought have produced unhealthy forests; in some forests, the current tree density is up to an order of magnitude greater than the density a century ago. These conditions exacerbate the risk of an extreme wildfire developing when a fire occurs. Further, the proliferation of new homes in the wildland urban interface magnify the threat and place substantially more people and property at risk than in preceding decades. More than 25 million acres of California wildlands are classified as under very high or extreme fire threat, extending that risk over one-quarter of the state.

The Legislature has taken an active role in recent years in providing unprecedented funding and resources to support wildfire resilience and reduce and address the risk of catastrophic wildfires. In particular, the LAO estimates CAL FIRE's total base wildfire protection budget has nearly tripled over the past 10 years, from $1.1 billion in 2014-15 to $3 billion in 2023-24. Correspondingly, CAL FIRE's staffing levels have increased significantly over the past decade. Specifically, between 2014‑15 and 2023‑24, the number of positions that CAL FIRE categorizes as related to fire protection increased from 5,756 to 10,275, and the total number of positions at the department grew from 6,632 to 12,000 (representing roughly an 80% increase in both cases).

Please see the respective policy committee analyses for a full discussion of this bill.

According to the Author

"…the increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters. The threat of profound loss of property and lives goes beyond the 9-month tenure of firefighters. The problem is exacerbated by the loss of California Conservation Corps hand crews.

"In 2023 alone, CAL FIRE crews fought 7,127 wildfires that burned over 300,000 acres across the state. The mental health of CAL FIRE firefighters is placed at risk by the extremely long hours working under extreme duress, sometimes for a month on duty without a day off. Additionally, conservancy studies have shown the health risks that come with working long hours at "point zero" of these fires that can sometimes burn for weeks on end. Prolonged exposure to the types of harmful air particulates created by these fires causes immediate and long-term physical and mental health risks. The results of the current situation have been dire for CAL FIRE and the communities they protect. In the last 2 years, more than 400 employees left the Department for better hours and working conditions, and the Department's mental health hotline has received over 20,000 calls a year. The increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters."

Arguments in Support

Among other things, CAL FIRE Local 2881 states that, "[the] legislation directs [CAL FIRE] to work with [CalHR] to allow the [CAL FIRE Director] to keep seasonal employees on duty for longer than the customary nine months for reasons of emergency fire conditions or personnel shortages. The California constitution allows seasonals to work a longer period as long as the employees are chosen from a certified [CAL FIRE] list. The reasons have been made obvious by the disastrous fire seasons of previous years. The closure of Correctional Facilities has meant that [CAL FIRE] has half the inmate crews they had just a few years ago. The problem is worsened by the timing late in the year of catastrophic fires subsequent to the release of seasonals. The discretion allowed the [CAL FIRE Director] a necessary option as California deals with disasters that once seemed incomprehensible and are now inherent with the New Normal."

According to the California Forestry Association, "[although] the Legislature has increased funding for both wildfire prevention and suppression, personnel challenges, exacerbated by a significant reduction in grade available justice-involved individuals and the drastic reduction in inmate crews have made it difficult for [CAL FIRE] to fully staff fire crews. [This bill] is a common sense and cost-effective measure that will help ensure that [CAL FIRE] has the flexibility to extend seasonal employment when necessary to fulfill its mission to prevent and respond to catastrophic wildfires."

Arguments in Opposition

None.

FISCAL COMMENTS

According to the Senate Appropriations Committee:

1. The CalHR and CalFIRE note that the bill's fiscal impact cannot be officially determined, as it is not implementable. The bill is in conflict with the California Constitution.
2. To the extent this bill could be implemented, it would result in unknown, likely significant General Fund costs, potentially in the hundreds of thousands of dollars over several years, to ensure that CalFIRE may employ seasonal firefighters for longer than nine months.

VOTES:

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 7-0-0

YES: McKinnor, Lackey, Boerner, Vince Fong, Hart, Stephanie Nguyen, Luz Rivas

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: June 27, 2024

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0004632

1. "CalFire – Implementation of a 66-Hour Workweek." LAO, March 2024. ↑

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2538

Author:(Grayson)

As Amended Ver:June 27, 2024

Majority vote

SUMMARY

Requires actions by various executive state entities relating to the employment of seasonal firefighters at the California Department of Forestry and Fire Protection (CAL FIRE), among other provisions.

Senate Amendments

1. Require, on or before January 10, 2030:
2. The Legislative Analyst's Office (LAO) to provide a report to the Legislature that assesses the impacts and outcomes of authority granted pursuant to this bill on CAL FIRE's capacity to confront emergency fire conditions and personnel shortages; and,
3. The LAO's assessment to include the number and hours of seasonal firefighters employed longer than nine months in a consecutive 12-month period, and the assessment to include an analysis of any impacts of the authority granted on CAL FIRE's implementation of a 66-hour workweek.
4. Require CAL FIRE to notify the Senate Committee on Budget and Fiscal Review, Assembly Committee on Budget, the Senate Natural Resources and Water Committee, and the Assembly Natural Resources Committee within 30 days of the CAL FIRE director making a determination whether current staffing levels for firefighters are insufficient, as provided.
5. Establish that the provisions of this bill are effective only until January 1, 2031, and are repealed thereafter.

COMMENTS

Background: CAL FIRE and Ongoing Efforts to Respond to CAL FIRE Staffing Concerns

The CAL FIRE's primary responsibilities are fire response and resource management for wildland fire response in State Responsibility Areas. Among these responsibilities, the CAL FIRE provides all fire hazard, medical, rescue, and disaster emergency response to the public and provides leadership to protect life, property, and the state's natural resources. Whereas, the federal government is responsible for wildland fire response on federal lands, CAL FIRE's responsibility includes areas that mostly are privately owned wildlands that encompass about one-third of the state's total acreage. In some instances, local jurisdictions contract with the CAL FIRE to provide fire protection and other services on their behalf.

To facilitate around-the-clock public safety and preservation of the state's natural resources, CAL FIRE firefighters have a different work schedule than most other state employees. Generally, CAL FIRE operates on a 72-hour workweek that typically consists of three consecutive 24-hour days (where the firefighters reside and sleep at the fire station), followed by four days off. However, when major (including multiple major) fires occur, the workweek hours of these firefighters can substantially increase. Due to the state's major annual fire seasons and to prioritize the health and welfare of these firefighters, in September 2022, the Legislature approved a Memorandum of Understanding (MOU) affecting Bargaining Unit 8 (CAL FIRE firefighters) that contemplated implementing a 66-hour workweek (reduced from the 72-hour workweek). While the costs of adopting the 66-hour workweek are unknown at this time, the LAO recently opined, among other things, that the 66-hour workweek proposal "… comes at a time when the state faces a large, ongoing budget problem," and, "…the Legislature faces a key decision as to whether implementing the 66-hour workweek proposal is affordable given the state's fiscal condition."^[1]

Wildfires in California

Catastrophic and devastating wildfires have occurred repeatedly in the state in recent years. Nine of the 20 largest and seven of the 20 most destructive wildland fires in state history occurred in 2020 and 2021 when almost seven million total acres burned. The 2020 August Complex Fire in northern California – the largest fire in California's modern history – burned over one million acres, and the 2021 Dixie Fire was almost one million acres. Two wildland fires in recent years burned over the crest of the Sierras, which had not been previously observed. In the last several years, tens of thousands of structures – almost entirely homes – have been destroyed from wildland fire, insured losses incurred are in the billions of dollars, prime habitat has been destroyed or damaged, and, tragically, hundreds of lives have been lost. In addition, millions of Californians have been exposed to unhealthy air quality due to the wildfires.

While wildland fires have always been present in the state, the number of days with extreme fire risk has more than doubled in the last 40 years. This is likely to continue to increase. One of the impacts of climate change in the state is an increase in the frequency and intensity of wildfires. In forested regions, decades of fire suppression, historic logging practices, and drought have produced unhealthy forests; in some forests, the current tree density is up to an order of magnitude greater than the density a century ago. These conditions exacerbate the risk of an extreme wildfire developing when a fire occurs. Further, the proliferation of new homes in the wildland urban interface magnify the threat and place substantially more people and property at risk than in preceding decades. More than 25 million acres of California wildlands are classified as under very high or extreme fire threat, extending that risk over one-quarter of the state.

The Legislature has taken an active role in recent years in providing unprecedented funding and resources to support wildfire resilience and reduce and address the risk of catastrophic wildfires. In particular, the LAO estimates CAL FIRE's total base wildfire protection budget has nearly tripled over the past 10 years, from $1.1 billion in 2014-15 to $3 billion in 2023-24. Correspondingly, CAL FIRE's staffing levels have increased significantly over the past decade. Specifically, between 2014‑15 and 2023‑24, the number of positions that CAL FIRE categorizes as related to fire protection increased from 5,756 to 10,275, and the total number of positions at the department grew from 6,632 to 12,000 (representing roughly an 80% increase in both cases).

Please see the respective policy committee analyses for a full discussion of this bill.

According to the Author

"…the increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters. The threat of profound loss of property and lives goes beyond the 9-month tenure of firefighters. The problem is exacerbated by the loss of California Conservation Corps hand crews.

"In 2023 alone, CAL FIRE crews fought 7,127 wildfires that burned over 300,000 acres across the state. The mental health of CAL FIRE firefighters is placed at risk by the extremely long hours working under extreme duress, sometimes for a month on duty without a day off. Additionally, conservancy studies have shown the health risks that come with working long hours at "point zero" of these fires that can sometimes burn for weeks on end. Prolonged exposure to the types of harmful air particulates created by these fires causes immediate and long-term physical and mental health risks. The results of the current situation have been dire for CAL FIRE and the communities they protect. In the last 2 years, more than 400 employees left the Department for better hours and working conditions, and the Department's mental health hotline has received over 20,000 calls a year. The increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters."

Arguments in Support

Among other things, CAL FIRE Local 2881 states that, "[the] legislation directs [CAL FIRE] to work with [CalHR] to allow the [CAL FIRE Director] to keep seasonal employees on duty for longer than the customary nine months for reasons of emergency fire conditions or personnel shortages. The California constitution allows seasonals to work a longer period as long as the employees are chosen from a certified [CAL FIRE] list. The reasons have been made obvious by the disastrous fire seasons of previous years. The closure of Correctional Facilities has meant that [CAL FIRE] has half the inmate crews they had just a few years ago. The problem is worsened by the timing late in the year of catastrophic fires subsequent to the release of seasonals. The discretion allowed the [CAL FIRE Director] a necessary option as California deals with disasters that once seemed incomprehensible and are now inherent with the New Normal."

According to the California Forestry Association, "[although] the Legislature has increased funding for both wildfire prevention and suppression, personnel challenges, exacerbated by a significant reduction in grade available justice-involved individuals and the drastic reduction in inmate crews have made it difficult for [CAL FIRE] to fully staff fire crews. [This bill] is a common sense and cost-effective measure that will help ensure that [CAL FIRE] has the flexibility to extend seasonal employment when necessary to fulfill its mission to prevent and respond to catastrophic wildfires."

Arguments in Opposition

None.

FISCAL COMMENTS

According to the Senate Appropriations Committee:

1. The CalHR and CalFIRE note that the bill's fiscal impact cannot be officially determined, as it is not implementable. The bill is in conflict with the California Constitution.
2. To the extent this bill could be implemented, it would result in unknown, likely significant General Fund costs, potentially in the hundreds of thousands of dollars over several years, to ensure that CalFIRE may employ seasonal firefighters for longer than nine months.

VOTES:

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 7-0-0

YES: McKinnor, Lackey, Boerner, Vince Fong, Hart, Stephanie Nguyen, Luz Rivas

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

UPDATED

VERSION: June 27, 2024

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0004632

1. "CalFire – Implementation of a 66-Hour Workweek." LAO, March 2024. ↑

 THIRD READING  

Bill No: AB 2538

Author: Grayson (D)

Amended: 6/27/24 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/19/24

AYES: Smallwood-Cuevas, Wilk, Cortese, Gonzalez, Laird

SENATE NATURAL RES. & WATER COMMITTEE: 11-0, 6/25/24

AYES: Min, Seyarto, Allen, Dahle, Eggman, Grove, Hurtado, Laird, Limón, Padilla, Stern

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 72-0, 5/22/24 - See last page for vote

SUBJECT: Department of Forestry and Fire Protection: seasonal firefighters

SOURCE: Cal Fire Local 2881

DIGEST:

This bill would require the California Department of Human Resources (CalHR), the State Personnel Board (SPB) and any other relevant state agency to take various actions to ensure the California Department of Forestry and Fire Protection (CalFIRE) may employ seasonal firefighters for more than 9 months in a consecutive 12-month period to address emergency fire conditions and personnel shortages.

ANALYSIS:

Existing law:

1. Authorizes temporary appointments to positions where there is no employment list, but prohibits a person from serving in one or more positions under temporary appointment longer than 9 months in 12 consecutive months. (Section 5, Art. VII, Cal. Const)
2. Establishes that it is the policy of the state that the normal workweek of permanent employees in fire suppression classes of CalFIRE not exceed 84 hours per week, and authorizes compensation in cash or compensating time off, in accordance with department regulations, for work in excess of the designated workweek. (Government Code (GC) §19846 (a))
3. Establishes that if the provisions of existing law with regard to the workweek hours, as mentioned above, are in conflict with the provisions of a memorandum of understanding (MOU), the terms of the MOU must be controlling, as provided. (GC §19846 (b))
4. Requires all state agencies in which there are employees who are not subject to the state civil service to submit all information necessary for determination of the workweek of each employee to the CalHR. In addition, if these provisions are in conflict with a MOU, the terms of the MOU must be controlling, as provided. (GC §19847)
5. Establishes, pursuant to Section 3 of Article VII of the California Constitution, the SPB which must enforce civil service statutes, and by majority vote of all its members, prescribe probationary periods and classifications, adopt other rules authorized by statute, and review disciplinary actions. In addition, the Executive Officer of the SPB is required to administer civil service statutes under the rules of the SPB.
6. Requires the SPB to prescribe rules consistent with a merit based civil service system to govern appointments classifications, examinations, probationary periods, disciplinary actions, and other matters related to the SPB’s authority under Article VII of the California Constitution. (GC §18502)
7. Requires the SPB to establish minimum qualifications for determining the fitness and qualifications of employees for each class of position, and authorizes the CalHR to require applicants for examination or appointment to provide documentation as it deems necessary to establish the applicants’ qualifications. (GC §18931)
8. Requires the CalHR to adopt rules governing hours of work, among other things, and each appointing power to administer and enforce such rules. (GC §19849)
9. Authorizes the CalHR to provide by rule for compensation to employees who are required to report back to work after completion of the normal workday, workweek, or when off duty, among other provisions. (GC §19849.1)
10. Governs collective bargaining in the private sector under the federal National Labor Relations Act (NLRA) but leaves to the states the regulation of collective bargaining in their respective public sectors. (29 United State Code § 151 et seq.) While the NLRA and the decisions of its National Labor Relations Board (NLRB) often provide persuasive precedent in interpreting state collective bargaining law, public employees generally have no collective bargaining rights absent specific statutory authority establishing those rights.
11. Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the Ralph C. Dills Act, commonly referred to as the “Dills Act,” which provides collective bargaining for state employees of the executive branch and establishes a process for determining wages, hours, and terms and conditions of employment for represented employees. (GC §3512 et seq.)
12. Establishes, pursuant to the Dills Act, that the scope of representation is limited to wages, hours, and other terms and conditions of employment, except consideration of the merits, necessity, or organization of any service or activity provided by law or executive order. (GC §3516)
13. Requires, pursuant to the Dills Act, the Governor or its representatives to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. (GC §3517)
14. Establishes PERB, a quasi-judicial administrative agency charged with administering various statutory frameworks governing employer-employee relations, resolving disputes, and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City, and County, of Los Angeles a local alternative to PERB oversight. Administration of the Dills Act is among these statutes. (GC §3541 et seq & §3509)
15. Establishes CalFire in the California Natural Resources Agency (CNRA) under the control of the CalFire director. CalFire is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. (Public Resources Code (PRC) §701 and §713, respectively.)
16. Establishes that it is the policy of the state that the normal workweek of permanent employees in CalFire’s fire suppression classes not exceed 84 hours per week, and authorizes compensation in cash or compensating time off, in accordance with specified regulations, for work in excess of the designated workweek. (GC §19846)
17. Provides that if the above regarding workweek hours are in conflict with the provisions of a memorandum of understanding, the terms of the memorandum are controlling, as provided. (GC § 19846)

This bill:

1. Requires CalHR, the SPB and any other relevant state agency to take necessary actions to ensure CalFIRE may employ seasonal firefighters for more than 9 months in a consecutive 12-month period during fire emergency conditions and personnel shortages.
2. Requires, in any consecutive 12-month period, the Director of CalFIRE to determine if current staffing levels are insufficient to respond to state needs related to fire protection, emergency response, and stewardship of the state’s natural resources, thereby requiring the employment of seasonal firefighters for a period longer than 9 months.
3. Requires CalFIRE to notify the Senate Budget and Fiscal Review Committee, the Assembly Budget Committee, the Senate Natural Resources and Water Committee, the Assembly Natural Resources Committee, and the Legislative Analyst’s Office within 30 days of the director making a determination pursuant to this bill’s provisions.
4. Requires CalFIRE to employ seasonal firefighters through an employment list and to work with CalHR to implement the necessary changes pursuant to this section beginning January 1, 2025.
5. Requires the Legislative Analyst’s Office (LAO) on or before January 10, 2030, to provide a report to the Legislature that assesses the impacts and outcomes of the authority provided by this bill on CalFIRE’s capacity to confront emergency fire conditions and personnel shortages.
6. Requires the LAO’s assessment to include information on the numbers and hours of seasonal firefighters employed for longer than 9 months in a consecutive 12-month period and an analysis of any impacts of this authority on CalFIRE’s implementation of the 66-hour workweek.
7. Requires the LAO to submit the report in compliance with GC § 9795.
8. Provides that the bill’s provisions shall remain in effect only until January 1, 2031, and repeals the provisions as of that date.

Background

Recent increases in large and severe wildfires have raised concerns about the state’s capacity to adequately respond to these growing threats, particularly when multiple large wildfires occur simultaneously as has happened in recent years. Responding to these large and severe wildfires has imposed significant burdens on firefighters, many of whom have been required to work long stretches without breaks. This, in turn, has led to concerns about the mental and physical health and wellness of the firefighters who are on the frontlines of these events.

To facilitate providing round‑the‑clock wildfire response coverage, firefighters typically work—on average—four 72‑hour workweeks in a 28‑consecutive‑day cycle. A 72‑hour workweek typically consists of three consecutive 24‑hour days (during which firefighters usually sleep at the station), followed by four days off. However, when large (including multiple large) fires occur, the workweek hours of these firefighters can substantially increase. In response to growing concerns about the health and wellness of the state’s firefighters, as well as other concerns, CalFire entered into a Memorandum of Understanding (66-Hour MOU) with CalFire Local 2881 on August 25, 2022, committing to a reduction of the 72‑hour workweek to a 66‑hour workweek beginning November 1, 2024. The Legislature approved the 66-Hour MOU via AB 151 (Committee on Budget, Chapter 250, Statutes of 2022).

CalFire estimates implementing the 66-Hour MOU will reduce staff working hours by about 8%, which will result in a significant need for more firefighters to cover shift vacancies. Indeed, the Governor’s budget this year requested $199 million, including $197 million from the General Fund, and 338 positions in fiscal year 2024‑25 to begin implementing this shift. The costs would increase in future years as CalFire phases in the changes, rising to $770 million, including $756 million from the General Fund, on an ongoing annual basis and 2,457 permanent positions by the 2028‑29 fiscal year.

This bill would presumably aid CalFIRE in addressing their increased workforce requirements, both from the longer fire season and the change to the 66-hour MOU by providing flexibility to allow intermittent firefighters to work more than 9 months in a 12 month period.

Comments

Need for this bill? This bill’s author and supporters note that the increasing frequency and severity of wildfires have put a significant strain on the state’s firefighters, often requiring them to work under stressful and hazardous conditions for extended hours over multiple days without time off. This is harmful to the mental and physical health as well as the overall wellbeing of firefighters. Further, the bill’s author and supporters highlight how the decrease in inmate crews through the Conservation Camp Program has further increased the need for more support in the state’s fire response.

The solution proposed by the author is to hire more firefighters. It is worth noting that this bill technically does not authorize CalFire to hire more firefighters, but it provides a potential path to allow seasonal firefighters to serve more than nine months in a consecutive 12-month period. The bill directs CalHR and the State Personnel Board to take the necessary actions to ensure that CalFire can do this. Keeping seasonal firefighters for longer than nine months could provide some relief to full-time firefighters by allowing more opportunities for everyone to take time off to recharge.

Constitutional Concerns. According to CalHR, this bill is in direct conflict with Section 5 of Article VII of the California Constitution, which prohibits temporary appointments (any appointment for which there is no employment list used) from exceeding nine months in 12 consecutive months. The proposed 19846.2 (a) (1) therefore charges CalHR and SPB with accomplishing a task that would require a constitutional amendment.

CalFIRE also concludes that the bill is not implementable as written, as it would violate the constitution. This bill requires seasonal firefighters to be hired from an employment list, and allow seasonal firefighters to work beyond their existing 9-month cap. Both hiring seasonal employees from an employment list and extending seasonal employees beyond 9 months within a 12-month period would be unconstitutional.

Related/Prior Legislation

AB 1405 (Flora, 2023) would have proposed to require the CalFIRE to implement a 56-hour maximum workweek for employees in state Bargaining Unit (BU) 8 and to make such changes on or before December 1, 2026, and includes legislatives findings and declarations for these purposes. The bill died in the Assembly Public Employment and Retirement Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• CalHR and CalFIRE note that the bill’s fiscal impact cannot be officially determined, as it is not implementable. The bill is in conflict with the California Constitution.
• To the extent this bill could be implemented, it would result in unknown, likely significant General Fund costs, potentially in the hundreds of thousands of dollars over several years, to ensure that CalFIRE may employ seasonal firefighters for longer than nine months.

SUPPORT: (Verified 8/15/24)

Cal Fire Local 2881 (source)
California Forestry Association
California Professional Firefighters

OPPOSITION: (Verified 8/15/24)

None received

ARGUMENTS IN SUPPORT:

According to the California Professional Firefighters:

“Permanent intermittent employees, also known as seasonal firefighters, are critical to the mission of wildland fire suppression during wildfire season, providing support to the full-time firefighters on wildland, rural, and structural firefighting operations. However, these employees are limited to working 9 consecutive months of each 12-month period, restricting their usage even when they may be needed during emergency fire conditions.”

“Wildfire season is no longer limited to a set time of year and has instead become a year-round phenomenon that requires constant monitoring and vigilance to ensure that small fires do not explode into significant emergency situations. By allowing CAL FIRE to bring on these employees for longer than 9 months, the department will be granted the flexibility that they need to ensure that the mission of protecting California and its communities is carried out no matter the time of year.”

ASSEMBLY FLOOR: 72-0, 5/22/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

Prepared by: Glenn Miles / L., P.E. & R. / (916) 651-1556

8/18/24 9:19:16

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2538 (Grayson) - Department of Forestry and Fire Protection: seasonal firefighters

Bill Summary:

AB 2538 would require the California Department of Human Resources (CalHR), the State Personnel Board (SPB) and any other relevant state agency to take various actions to ensure the California Department of Forestry and Fire Protection (CAL FIRE) may employ seasonal firefighters for more than 9 months in a consecutive 12-month period to address emergency fire conditions and personnel shortages.

Fiscal Impact:

• CalHR and CAL FIRE note that the bill’s fiscal impact cannot be officially determined, as it is not implementable. The bill is in conflict with the California Constitution (See Staff Comments).
• To the extent this bill could be implemented, it would result in unknown, likely significant General Fund costs, potentially in the hundreds of thousands of dollars over several years, to ensure that CAL-FIRE may employ seasonal firefighters for longer than nine months.

Background:

One of CAL-FIRE’s primary responsibilities is wildfire response on non-federal lands. In some instances, local jurisdictions contract with the CAL-FIRE to provide fire protection and other services. Due to the state’s increasingly long and intense annual fire seasons, the State has relied more on seasonal firefighters. However, the position of seasonal firefighter at CAL-FIRE is considered a temporary appointment to a state position. A temporary appointment to a state position is governed by different laws than a permanent appointment to a state position. Specifically, current law prohibits a person from serving under the position of temporary appointment for longer than nine months in 12 consecutive months. In addition, current law does not require an appointment to a temporary position be made from an employment list, as it does for permanent employment. An employment list is a feature of the state’s civil service whereby a prospective state employee is placed on a list for hire after completing eligibility requirements.

Proposed Law:

This bill would do the following:

• Require CalHR, SPB, and any other relevant state agency to take the necessary actions to ensure that CAL-FIRE may employ seasonal firefighters for longer than 9 months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages.
• Require CAL FIRE, in any consecutive 12-month period, to make a determination about current staffing levels for firefighters, as prescribed, and would require Cal-FIRE to employ seasonal firefighters through the use of an employment list.
• Require CAL FIRE to notify specified legislative committees and the Legislative Analyst’s Office within 30 days of the director’s determination.
• Require CAL FIRE, beginning January 1, 2025, to work with CALHR to implement these changes. 
• Require the Legislative Analyst’s Office to provide a report to the Legislature that assesses the impacts and outcomes of the new authority, as specified.
• The bill would repeal these provisions on January 1, 2031.

Related Legislation:

AB 1405 (Flora, 2023) would have required CAL FIRE to implement a 56-hour maximum workweek for employees in state Bargaining Unit (BU) 8 and to make such changes on or before December 1, 2026. The bill was pulled from the hearing by the author and died without further action.

Staff Comments:

According to CalHR, this bill is in direct conflict with Section 5 of Article VII of the California Constitution, which prohibits temporary appointments (any appointment for which there is no employment list used) from exceeding nine months in 12 consecutive months. The proposed 19846.2 (a)(1) therefore charges CalHR and SPB with accomplishing a task that would require a constitutional amendment.

CAL FIRE too concludes that the bill is not implementable as written, as it would violate the constitution. This bill would require seasonal firefighters to be hired from an employment list, and allow seasonal firefighters to work beyond their existing 9-month cap. Both hiring seasonal employees from an employment list and extending seasonal employees beyond 9 months within a 12-month period would be unconstitutional.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: AB 2538 Hearing Date: June 25, 2024

Subject: Department of Forestry and Fire Protection: seasonal firefighters

SUMMARY

This bill would allow the Department of Forestry and Fire Protection (CalFire) to employ seasonal firefighters for longer than nine months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages.

BACKGROUND AND EXISTING LAW

Wildfires in California. Catastrophic and devastating wildfires have occurred repeatedly in the state in recent years. Nine of the 20 largest and seven of the 20 most destructive wildland fires in state history occurred in 2020 and 2021 when almost seven million total acres burned. The 2020 August Complex Fire in northern California – the largest fire in California’s modern history – burned over one million acres, and the 2021 Dixie Fire was almost one million acres. Two wildland fires in recent years burned over the crest of the Sierras, which had not been previously observed. In the last several years, tens of thousands of structures – almost entirely homes – have been destroyed from wildland fire, insured losses incurred are in the billions of dollars, prime habitat has been destroyed or damaged, and, tragically, hundreds of lives have been lost. In addition, millions of Californians have been exposed to unhealthy air quality due to the wildfires.

While wildland fires have always been present in the state, the number of days with extreme fire risk has more than doubled in the last 40 years. This is likely to continue to increase. One of the impacts of climate change in the state is an increase in the frequency and intensity of wildfires. In forested regions, decades of fire suppression, historic logging practices, and drought have produced unhealthy forests; in some forests, the current tree density is up to an order of magnitude greater than the density a century ago. These conditions exacerbate the risk of an extreme wildfire developing when a fire occurs. Further, the proliferation of new homes in the wildland urban interface (WUI) magnify the threat and place substantially more people and property at risk than in preceding decades. More than 25 million acres of California wildlands are classified as under very high or extreme fire threat, extending that risk over one-quarter of the state.

The Legislature has taken an active role in recent years in providing unprecedented funding and resources to support wildfire resilience and reduce and address the risk of catastrophic wildfires. In particular, the Legislative Analyst’s Office (LAO) estimates CalFire’s total base wildfire protection budget has nearly tripled over the past 10 years, from $1.1 billion in 2014-15 to $3 billion in 2023-24. Correspondingly, CalFire’s staffing levels have increased significantly over the past decade. Specifically, between 2014‑15 and 2023‑24, the number of positions that CalFire categorizes as related to fire protection increased from 5,756 to 10,275, and the total number of positions at the department grew from 6,632 to 12,000 (representing roughly an 80% increase in both cases).

Further, the Legislature has adopted new policies to support forest and wildfire resilience, including SB 901 (Dodd, Chapter 626, Statutes of 2018), SB 209 (Dodd, Chapter 405, Statutes of 2019), AB 38 (Wood, Chapter 391, Statutes of 2019), AB 3074 (Friedman, Chapter 259, Statutes of 2020), SB 63 (Stern, Chapter 382, Statutes of 2021), SB 456 (Laird, Chapter 387, Statutes of 2021), AB 9 (Wood, Chapter 225, Statutes of 2021), AB 642 (Friedman, Chapter 375, Statutes of 2021), and 151 (Committee on Budget, Chapter 250, Statutes of 2022), among others. These bills are summarized under Related Legislation in the Comments section.

CalFire’s responsibilities. CalFire is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. There are approximately 85 million acres of wildlands in California. CalFire is responsible for providing wildland fire protection for approximately 31 million acres of these wildlands, classified as the State Responsibility Area (SRA). These lands are mostly privately owned.

Existing law defines the SRA as the area in which the state has the primary financial responsibility of preventing and suppressing fires. The areas where local governments or federal governments have primary financial responsibility for providing this service are known as the Local Responsibility Area (LRA) and the Federal Responsibility Area (FRA).

It is worth noting that counties can elect to assume responsibility for the prevention and suppression of fires on all land in the county, including lands within SRA. Kern, Los Angeles, Marin, Orange, Santa Barbara, and Ventura Counties have elected to do so. In some cases, local jurisdictions contract with CalFire to provide fire protection and other services on their behalf. Further, CalFire provides support and assistance on fires in the LRA and FRA.

Conservation Camp Program. The California Department of Corrections and Rehabilitation (CDCR) operates this program in cooperation with CalFire and the Los Angeles County Fire Department. According to CDCR’s website, this program operates 35 conservation camps, commonly referred to as fire camps, located in 25 counties. Two of the camps are for incarcerated women.

The primary mission of the Conservation Camp Program is to support state, local, and federal government agencies as they respond to emergencies such as fires, floods, and other natural or manmade disasters. All camps are minimum-security facilities and staffed with correctional staff. When not fighting fires, incarcerated firefighters perform conservation and community service projects including a wide range of duties, such as clearing brush and fallen trees to reduce the chance of fire, maintaining parks, sand bagging, flood protection, and reforestation.

Historically, CalFire had made use of around 190 hand crews through this program and a similar agreement with the Department of Juvenile Justice. However, over the last decade, there has been a significant decline in the number of inmates available to fully staff the inmate hand crews maintained by the Conservation Camp Program, which has resulted in the operation of fewer crews to support CalFire’s fire protection operations and complete hazardous fuel reduction projects. For example, sentencing reform, including credits for good behavior, resulted in a decreased inmate population.

In recognition of this trend, the Governor’s 2020-21 state budget called for the consolidation of inmate fire camps, including the closure of eight camps, which the Legislature approved. This resulted in the permanent reduction of 40 inmate hand crews, bringing the total funded CalFire/CDCR inmate hand crews from 192 to 152 crews. During 2023’s peak fire activity, an average of only 61 of the 152 inmate hand crews were staffed. As of late April 2024, the Conservation Camp Program was operating at 43% of total capacity, with only 65 of the 152 budgeted inmate fire crews available for statewide response.

66-Hour workweek. As noted by the LAO, recent increases in large and severe wildfires have raised concerns about the state’s capacity to adequately respond to these growing threats, particularly when multiple large wildfires occur simultaneously as has happened in recent years. Responding to these large and severe wildfires has imposed significant burdens on firefighters, many of whom have been required to work long stretches without breaks. This, in turn, has led to concerns about the mental and physical health and wellness of the firefighters who are on the frontlines of these events.

To facilitate providing round‑the‑clock wildfire response coverage, firefighters typically work—on average—four 72‑hour workweeks in a 28‑consecutive‑day cycle. A 72‑hour workweek typically consists of three consecutive 24‑hour days (during which firefighters usually sleep at the station), followed by four days off. However, when large (including multiple large) fires occur, the workweek hours of these firefighters can substantially increase. In response to growing concerns about the health and wellness of the state’s firefighters, as well as other concerns, CalFire entered into a Memorandum of Understanding (66-Hour MOU) with CalFire Local 2881 on August 25, 2022, committing to a reduction of the 72‑hour workweek to a 66‑hour workweek beginning November 1, 2024. The Legislature approved the 66-Hour MOU via AB 151 (Committee on Budget, Chapter 250, Statutes of 2022).

CalFire estimates implementing the 66-Hour MOU will reduce staff working hours by about 8%, which will result in a significant need for more firefighters to cover shift vacancies. Indeed, the Governor’s budget this year requested $199 million, including $197 million from the General Fund, and 338 positions in fiscal year 2024‑25 to begin implementing this shift. The costs would increase in future years as CalFire phases in the changes, rising to $770 million, including $756 million from the General Fund, on an ongoing annual basis and 2,457 permanent positions by the 2028‑29 fiscal year.

Existing law:

1. Defines the “state responsibility area” (SRA) to mean the area in which the state has the primary financial responsibility of preventing and suppressing fires. Public Resources Code (PRC) §4102.
2. Provides that the prevention and suppression of fires in all areas that are not classified as SRA are primarily the responsibility of local or federal agencies, as specified. These areas are known as the local responsibility area (LRA) and the federal responsibility area (FRA). PRC §4125.
3. Establishes CalFire in the California Natural Resources Agency (CNRA) under the control of the CalFire director. CalFire is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. PRC §701 and §713, respectively.
4. Authorizes temporary appointments to positions where there is no employment list, but prohibits a person from serving in one or more positions under temporary appointment longer than nine months in 12 consecutive months. California Constitution, Article VII, Section 5.
5. Establishes that it is the policy of the state that the normal workweek of permanent employees in CalFire’s fire suppression classes not exceed 84 hours per week, and authorizes compensation in cash or compensating time off, in accordance with specified regulations, for work in excess of the designated workweek. Government Code (GOV) §19846.
   1. Provides that if the above regarding workweek hours are in conflict with the provisions of a memorandum of understanding, the terms of the memorandum are controlling, as provided. GOV §19846.
6. Requires the California Department of Human Resources (CalHR) to adopt rules governing hours of work, among other things, and each appointing power to administer and enforce such rules. GOV §19849.

PROPOSED LAW

This bill would:

1. Require CalHR, the State Personnel Board, and any other relevant state agency to take the necessary actions to ensure that CalFire may employ seasonal firefighters for longer than nine months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages.
2. Require the CalFire director, in any consecutive 12-month period, to determine if current staffing levels for firefighters are insufficient to respond to state needs concerning fire protection, emergency response, and stewardship of the state’s natural resources, thereby requiring the employment of seasonal firefighters beyond nine months in a consecutive 12-month period.
3. Require CalFire to employ seasonal firefighters pursuant to this bill through the use of an employment list.
4. Require CalFire, beginning January 1, 2025, to work with CalHR to implement the changes necessary to comply with this bill.

ARGUMENTS IN SUPPORT

According to the author, “The increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters. The threat of profound loss of property and lives goes beyond the 9-month tenure of firefighters. The problem is exacerbated by the loss of CCC hand crews.”

“In 2023 alone, [CalFire] crews fought 7,127 wildfires that burned over 300,000 acres across the state. The mental health of [CalFire] firefighters is placed at risk by the extremely long hours working under extreme duress, sometimes for a month on duty without a day off. Additionally, conservancy studies have shown the health risks that come with working long hours at “point zero” of these fires that can sometimes burn for weeks on end. Prolonged exposure to the types of harmful air particulates created by these fires causes immediate and long-term physical and mental health risks.”

“The results of the current situation have been dire for [CalFire] and the communities they protect. In the last [two] years more than 400 employees left the Department for better hours and working conditions, and the Department’s mental health hotline has received over 20,000 calls a year.”

‘Simply put, [CalFire] needs to be able to hire more firefighters to meet the need created by the higher number of fires and lower number of available firefighters. AB 2538 will help facilitate this.”

According to CalFire Local 2881, the sponsor, “The legislation directs [CalFire] to work with [CalHR] to allow the Director of [CalFire] to keep seasonal employees on duty for longer than the customary nine months for reasons of emergency fire conditions or personnel shortages. The California constitution allows seasonals to work a longer period as long as the employees are chosen from a certified [CalFire] list.”

“The reasons have been made obvious by the disastrous fire seasons of previous years. The closure of Correctional Facilities has meant that [CalFire] has half the inmate crews they had just a few years ago. The problem is worsened by the timing late in the year of catastrophic fires subsequent to the release of seasonals.”

“The discretion allowed the Director of [CalFire] is a necessary option as California deals with disasters that once seemed incomprehensible and are now inherent with the New Normal.”

According to the California Forestry Association, “Although the Legislature has increased funding for both wildfire prevention and suppression, personnel challenges, exacerbated by a significant reduction in grade available justice-involved individuals and the drastic reduction in inmate crews have made it difficult for [CalFire] to fully staff fire crews. Assembly Bill 2538 is a common sense and cost-effective measure that will help ensure that [CalFire] has the flexibility to extend seasonal employment when necessary to fulfill its mission to prevent and respond to catastrophic wildfires.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Dual referral. This bill was referred to the Senate Labor, Public Employment and Retirement Committee and this Committee. The former Committee passed the bill on consent on June 19, 2024, without amendments. Elements of the bill under that Committee’s jurisdiction were discussed before that Committee and are included here for completeness and context only.

Need for the bill. The bill’s author and supporters note that the increasing frequency and severity of wildfires have put a significant strain on the state’s firefighters, often requiring them to work under stressful and hazardous conditions for extended hours over multiple days without time off. This is harmful to the mental and physical health as well as the overall wellbeing of firefighters. Further, the bill’s author and supporters highlight how the decrease in inmate crews through the Conservation Camp Program has further increased the need for more support in the state’s fire response.

The solution proposed by the author is to hire more firefighters. It is worth noting that this bill technically does not authorize CalFire to hire more firefighters, but it provides a potential path to allow seasonal firefighters to serve more than nine months in a consecutive 12-month period. The bill directs CalHR and the State Personnel Board to take the necessary actions to ensure that CalFire can do this. Keeping seasonal firefighters for longer than nine months could provide some relief to full-time firefighters by allowing more opportunities for everyone to take time off to recharge.

Connection to 66-Hour workweek. It is worth noting that efforts to implement the 66-hour workweek are also intended to support firefighter health and wellbeing and will increase the need to hire more firefighters. According to the LAO, CalFire’s proposal to implement the 66-hour workweek relies heavily on hiring more full-time firefighters – specifically, 2,000 additional permanent firefighters upon full implementation. It is unclear how this bill and the proposal to implement of the 66-hour workweek would intersect.

Given the proposed increase in permanent firefighters under the 66-hour workweek proposal, the Committee may wish to ask the author to weigh in on how many seasonal firefighters CalFire would need to work beyond the typical nine-month period? To be fair, this is likely a difficult question to answer at this time given the large number of unknowns, including whether or not the Legislature will delay implementation of the 66-hour workweek, as recommended by the LAO. Given this, the Committee may wish to consider amending the bill as follows:

• Require CalFire to notify the appropriate Legislative Committees, as specified, and the LAO each time the Director makes a determination that current staffing levels for firefighters are insufficient to respond to state needs.
• Require the LAO to submit a report to the Legislature by January 10, 2030, that assesses the impacts and outcomes of the authority provided by this bill, including an analysis of any impacts of this authority on CalFire’s implementation of the 66-hour workweek.
• Sunset the bill’s authority on January 1, 2031, to allow the Legislature discretion to review the LAO’s report and determined the continued need for the authority and whether any revisions are warranted.

[See Amendment 1]

Related legislation

SB 504 (Dodd, 2024) would update defensible space requirements and implementation timeframes. This bill is pending the Assembly Appropriations Committee.

SB 610 (Wiener, 2024) would replace fire hazard severity zone requirements in the LRA and SRA with requirements for the State Fire Marshall to designate, by regulation, wildfire mitigation areas in the LRA and SRA to identify mitigation measures to be taken to prepare communities for the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property. This bill is pending the Assembly Natural Resources Committee.

SB 1014 (Dodd, 2024) would require the Deputy Director of Community Wildfire Preparedness and Mitigation within the Office of the State Fire Marshall to prepare a Wildfire Risk Mitigation Planning Framework, as specified. This bill is pending the Assembly Appropriations Committee.

AB 1405 (Flora, 2023) would have required CalFire to implement a 56-hour maximum workweek for its firefighter employees. Further, the bill would have directed CalFire to work with CalHR to implement these changes. This bill was held in the Assembly Committee on Public Employment and Retirement at the request of the author.

151 (Committee on Budget, Chapter 250, Statutes of 2022) approved the 66-Hour MOU.

SB 456 (Laird, Chapter 387, Statutes of 2021) required the Wildfire and Forest Resilience Task Force to develop a comprehensive strategy to track implementation of California’s Wildfire and Forest Resilience Action Plan.

SB 109 (Dodd, Chapter 239, Statutes of 2021) established the Office of Wildfire Technology Research and Development within CalFire, as well as the Wildfire Technology Research and Development Review Advisory Board to conduct research and testing on emerging technologies to prevent, predict, and fight wildfires, as provided.

SB 63 (Stern, Chapter 382, Statutes of 2021) made multiple changes to state law to enhance CalFire’s fire prevention efforts, including, among other things, improved vegetation management, and expanding the areas where enhanced fire safety building standards apply.

AB 9 (Wood, Chapter 225, Statutes of 2021) created the deputy director role within the Office of the State Fire Marshall, and transferred certain duties related to fire safety and wildfire prevention from CalFire to the Office of the State Fire Marshall.

AB 642 (Friedman, Chapter 375, Statutes of 2021), among other things, directed CalFire, on or before July 1, 2023, to make recommendations on how to understand and model wildfire risk for a community and specific parcels within the LRA or SRA through the input of mitigating factors.

AB 3074 (Friedman, Chapter 259, Statutes of 2020) created an ember-resistant zone within five feet of a structure as part of the defensible space requirements for structures located in specified high fire hazard areas.

AB 38 (Wood, Chapter 391, Statutes of 2019) required the Office of Emergency Services to enter into a joint powers agreement with CalFire to administer a comprehensive wildfire mitigation program to encourage cost-effective structure hardening and facilitate vegetation management.

SB 209 (Dodd, Chapter 405, Statutes of 2019) required the Office of Emergency Services and CalFire to jointly establish and lead the Wildfire Forecast and Threat Intelligence Integration Center, as specified.

SB 901 (Dodd, Chapter 626, Statutes of 2018) addressed numerous issues concerning wildfire prevention, response, and recovery, including funding for mutual aid, fuel reduction and forestry policies, wildfire mitigation plans by electric utilities, and cost recovery by electric corporations of wildfire-related damages.

SUGGESTED AMENDMENTS

AMENDMENT 1

SECTION 1. Section 19846.2 is added to the Government Code, to read:

19846.2. (a) (1) Notwithstanding any other law, the Department of Human Resources, the State Personnel Board, and any other relevant state agency shall take the necessary actions to ensure that the Department of Forestry and Fire Protection (CAL-FIRE) may employ seasonal firefighters for longer than 9 months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages in accordance with this section.

(2) In any consecutive 12-month period, the Director of Forestry and Fire Protection shall determine if current staffing levels for firefighters are insufficient to respond to state needs concerning fire protection, emergency response, and stewardship of the state’s natural resources, thereby requiring the employment of seasonal firefighters pursuant to paragraph (1).

(3) CAL-FIRE shall notify the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Natural Resources and Water Committee, the Assembly Natural Resources Committee, and the Legislative Analyst’s Office within 30 days of the director making a determination pursuant to (2).

(4) CAL-FIRE shall employ seasonal firefighters pursuant to this subdivision through the use of an employment list.

(b) Beginning January 1, 2025, the Department of Forestry and Fire Protection shall work with the Department of Human Resources to implement the changes necessary to comply with subdivision (a).

(c) On or before January 10, 2030, the Legislative Analyst’s Office shall provide a report to the Legislature that assesses the impacts and outcomes of the authority provided in subdivision (a) on CAL-FIRE’s capacity to confront emergency fire conditions and personnel shortages. This assessment shall include information on the numbers and hours of seasonal firefighters employed for longer than 9 months in a consecutive 12-month period. This assessment shall also include an analysis of any impacts of this authority on CAL-FIRE’s implementation of the 66-hour workweek.

(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SUPPORT

CAL FIRE Local 2881 (sponsor)

California Forestry Association

California Professional Firefighters

OPPOSITION

None Received

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Lola Smallwood-Cuevas, Chair

2023 - 2024 Regular

Bill No: AB 2538 Hearing Date: June 19, 2024

SUBJECT: Department of Forestry and Fire Protection: seasonal firefighters

KEY ISSUE

This bill requires the California Department of Human Resources (CalHR), the State Personnel Board (SPB) and any other relevant state agency to take various actions to ensure the California Department of Forestry and Fire Protection (CAL FIRE) may employ seasonal firefighters for more than 9 months in a consecutive 12-month period to address emergency fire conditions and personnel shortages.

ANALYSIS

Existing law:

1. Authorizes temporary appointments to positions where there is no employment list, but prohibits a person from serving in one or more positions under temporary appointment longer than 9 months in 12 consecutive months. (Section 5, Art. VII, Cal. Const)
2. Establishes that it is the policy of the state that the normal workweek of permanent employees in fire suppression classes of CAL FIRE not exceed 84 hours per week, and authorizes compensation in cash or compensating time off, in accordance with department regulations, for work in excess of the designated workweek. (Government Code §19846 (a))
3. Establishes that if the provisions of existing law with regard to the workweek hours, as mentioned above, are in conflict with the provisions of a memorandum of understanding (MOU), the terms of the MOU must be controlling, as provided. (Government Code §19846 (b))
4. Requires all state agencies in which there are employees who are not subject to the state civil service to submit all information necessary for determination of the workweek of each employee to the CalHR. In addition, if these provisions are in conflict with a MOU, the terms of the MOU must be controlling, as provided. (Government Code §19847)
5. Establishes, pursuant to Section 3 of Article VII of the California Constitution, the SPB which must enforce civil service statutes, and by majority vote of all its members, prescribe probationary periods and classifications, adopt other rules authorized by statute, and review disciplinary actions. In addition, the Executive Officer of the SPB is required to administer civil service statutes under the rules of the SPB.
6. Requires the SPB to prescribe rules consistent with a merit based civil service system to govern appointments classifications, examinations, probationary periods, disciplinary actions, and other matters related to the SPB’s authority under Article VII of the California Constitution. (Government Code §18502)
7. Requires the SPB to establish minimum qualifications for determining the fitness and qualifications of employees for each class of position, and authorizes the CalHR to require applicants for examination or appointment to provide documentation as it deems necessary to establish the applicants’ qualifications. (Government Code §18931)
8. Requires the CalHR to adopt rules governing hours of work, among other things, and each appointing power to administer and enforce such rules. (Government Code §19849)
9. Authorizes the CalHR to provide by rule for compensation to employees who are required to report back to work after completion of the normal workday, workweek, or when off duty, among other provisions. (Government Code §19849.1)
10. Governs collective bargaining in the private sector under the federal National Labor Relations Act (NLRA) but leaves to the states the regulation of collective bargaining in their respective public sectors. (29 United State Code § 151 et seq.)

While the NLRA and the decisions of its National Labor Relations Board (NLRB) often provide persuasive precedent in interpreting state collective bargaining law, public employees generally have no collective bargaining rights absent specific statutory authority establishing those rights.

1. Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the Ralph C. Dills Act, commonly referred to as the “Dills Act,” which provides collective bargaining for state employees of the executive branch and establishes a process for determining wages, hours, and terms and conditions of employment for represented employees. (Government Code §3512 et seq)
2. Establishes, pursuant to the Dills Act, that the scope of representation is limited to wages, hours, and other terms and conditions of employment, except consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.^[1] (Government Code §3516)
3. Requires, pursuant to the Dills Act, the Governor or its representatives to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. (Government Code §3517)
4. Establishes the PERB, a quasi-judicial administrative agency charged with administering various statutory frameworks governing employer-employee relations, resolving disputes, and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City, and County, of Los Angeles a local alternative to PERB oversight. Administration of the Dills Act is among these statutes. (Government Code §3541 et seq & §3509)

This bill:

1. Requires CalHR, the SPB and any other relevant state agency to take necessary actions to ensure CAL FIRE may employ seasonal firefighters for more than 9 months in a consecutive 12-month period during fire emergency conditions and personnel shortages.
2. Requires, in any consecutive 12 month period, the Director of CAL FIRE to determine if current staffing levels are insufficient to respond to state needs related to fire protection, emergency response, and stewardship of the state’s natural resources, thereby requiring the employment of seasonal firefighters for a period longer than 9 months.
3. Requires CAL FIRE to employ seasonal firefighters through an employment list and to work with CalHR to implement the necessary changes pursuant to this section beginning January 1, 2025.

COMMENTS

1. Need for this bill?

According to the author:

“The increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters. The threat of profound loss of property and lives goes beyond the 9-month tenure of firefighters. The problem is exacerbated by the loss of CCC hand crews.”

The author states that in 2023 “CAL FIRE crews fought 7,127 wildfires that burned over 300,000 acres across the state. The mental health of CAL FIRE firefighters is placed at risk by the extremely long hours working under extreme duress, sometimes for a month on duty without a day off.” The author also argues that “conservancy studies have shown the health risks that come with working long hours at ‘point zero’ of these fires that can sometimes burn for weeks on end. Prolonged exposure to the types of harmful air particulates created by these fires causes immediate and long-term physical and mental health risks.”

2. Proponent Arguments

According to the California Professional Firefighters:

“Permanent intermittent employees, also known as seasonal firefighters, are critical to the mission of wildland fire suppression during wildfire season, providing support to the full-time firefighters on wildland, rural, and structural firefighting operations. However, these employees are limited to working 9 consecutive months of each 12-month period, restricting their usage even when they may be needed during emergency fire conditions.”

“Wildfire season is no longer limited to a set time of year and has instead become a year-round phenomenon that requires constant monitoring and vigilance to ensure that small fires do not explode into significant emergency situations. By allowing CAL FIRE to bring on these employees for longer than 9 months, the department will be granted the flexibility that they need to ensure that the mission of protecting California and its communities is carried out no matter the time of year.”

3. Opponent Arguments:

None received.

4. Dual Referral:

The Senate Rules Committee referred this bill to the Senate Labor, Public Employment and the Senate Committee on Natural Resources and Water.

5. Prior Legislation:

AB (Flora, 2023) proposed to require the CAL FIRE to implement a 56-hour maximum workweek for employees in state Bargaining Unit (BU) 8 and to make such changes on or before December 1, 2026, and includes legislatives findings and declarations for these purposes. This bill was pulled from the hearing by the author and died without further action.

SUPPORT

Cal Fire Local 2881 (Sponsor)
California Forestry Association
California Professional Firefighters

OPPOSITION

None received.

-- END --

1. Section 3516 of the Gov. Code. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 2538

Author:(Grayson)

As Amended Ver:March 21, 2024

Majority vote

SUMMARY

Requires actions by various executive state entities relating to the employment of seasonal firefighters at the California Department of Forestry and Fire Protection (CAL FIRE), among other provisions.

Major Provisions

1. Requires the California Department of Human Resources (CalHR), the State Personnel Board (SPB), and any other relevant state agency to take actions necessary to ensure that the California Department of Forestry and Fire Protection (CAL FIRE) may employ seasonal firefighters for longer than 9 months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages.
2. Requires, in any consecutive 12-month period, the director of CAL FIRE to determine if current staffing levels for firefighters are insufficient to respond to state needs concerning fire protection, emergency response, and stewardship of the state's natural resources requiring the employment of seasonal firefighters, as provided.
3. Requires, beginning January 1, 2025, the CAL FIRE to work with the CalHR to implement the above-described changes for compliance purposes.

COMMENTS

Background: CAL FIRE, the Governor's Proposed 2024-25 Budget, and Ongoing Efforts to Respond to CAL FIRE Staffing Concerns

The CAL FIRE's primary responsibilities are fire response and resource management for wildland fire response in State Responsibility Areas. Among these responsibilities, the CAL FIRE provides all fire hazard, medical, rescue, and disaster emergency response to the public and provides leadership to protect life, property, and the state's natural resources. Whereas, the federal government is responsible for wildland fire response on federal lands, CAL FIRE's responsibility includes areas that mostly are privately owned wildlands that encompass about one-third of the state's total acreage. In some instances, local jurisdictions contract with the CAL FIRE to provide fire protection and other services on their behalf.

To facilitate around-the-clock public safety and preservation of the state's natural resources, CAL FIRE firefighters have a different work schedule than most other state employees. Generally, CAL FIRE operates on a 72-hour workweek that typically consists of three consecutive 24-hour days (where the firefighters reside and sleep at the fire station), followed by four days off. However, when major (including multiple major) fires occur, the workweek hours of these firefighters can substantially increase. Due to the state's major annual fire seasons and to prioritize the health and welfare of these firefighters, in September 2022, the Legislature approved a Memorandum of Understanding (MOU) affecting Bargaining Unit 8 (CAL FIRE firefighters) that contemplated implementing a 66-hour workweek (reduced from the 72-hour workweek). The Governor's proposed 2024-25 budget includes $199 million in fiscal year 2024-25 to begin implementing that workweek.

Prior to this action and budgetary proposal, the Legislature has taken a number of other steps to prioritize the health and welfare of these firefighters. The 2020-21 and 2022-23 state budget approved proposals totaling approximately $170 million per year on an ongoing basis to provide relief staffing for CAL FIRE; improving forest and landscape conditions; and, providing $2.8 billion from 2020-21 through 2023-24 as part of a series of budget packages and continuous annual appropriations from cap-and-trade program revenues.

While the costs of adopting the 66-hour workweek are unknown at this time, the Legislative Analyst's Office (LAO) recently opined, among other things, that the 66-hour workweek proposal "… comes at a time when the state faces a large, ongoing budget problem," and, "…the Legislature faces a key decision as to whether implementing the 66-hour workweek proposal is affordable given the state's fiscal condition."

This Bill: As the Legislature continues to consider additional legislative and budgetary proposals that protect life, conserve the state's natural resources under the jurisdiction of the CAL FIRE, and prioritize the health and welfare of CAL FIRE firefighters in these regards, this bill may help augment and support the existing personnel resources of the CAL FIRE and its firefighters for these purposes.

Please see the policy committee analysis for a full discussion of this bill.

According to the Author

"For more than 100 years, [the CAL FIRE has] protected California from the Oregon border to the southern end of the state – providing coverage for more than 1/3^rd of the state's land as well as serving as the full-time fire department for more than 130 local entities. With the surge of wildfires seen in recent years, CAL FIRE firefighters have experienced an unprecedented increase in the number of service calls as well as an increase in the length of time spent fighting some of these fires. These extreme fire seasons that California has endured as of late have resulted in more dire working conditions for CAL FIRE employees, which has led to increasing levels of burnout among these firefighters who work under extreme conditions. Simply put, CAL FIRE needs to be able to hire more firefighters to meet the need created by the higher number of fires and lower number of available firefighters."

Arguments in Support

The sponsor of this bill, CAL FIRE Local 2881, IAFF, AFL-CIO states that, "… the reasons have been made obvious by the disastrous fire seasons of previous years. The closure of Correctional Facilities has mean that CAL FIRE has half the inmate crews they had just a few years ago. The problem is worsened by the timing late in the year of catastrophic fires subsequent to the release of (seasonal workers). The discretion [afforded to the CAL FIRE Director proposed by this bill] is a necessary option as California deals with disasters that once seemed incomprehensible and are now… the new normal."

The California Professional Firefighters state in part that, "[p]ermanent intermittent employees, also known as seasonal firefighters, are critical to the mission of wildland fire suppression during wildfire season, providing support to the full-time firefighters on wildland, rural, and structural firefighting operations. Wildfire season is no longer limited to a set time of year and has instead become a year-round phenomenon that requires constant monitoring and vigilance to ensure that small fires do not explode into significant emergency situations. By allowing CAL FIRE to bring on these employees for longer than nine months, the department will be granted the flexibility that they need to ensure that the mission of protecting California and its communities is carried out no matter the time of year."

Arguments in Opposition

None.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill would result in the following:

1. Unknown, likely significant one-time General Fund costs, potentially in the hundreds of thousands of dollars over several years, for staff at CalHR to ensure CAL-FIRE may employ seasonal firefighters for longer than nine months, including the development of an employment list for seasonal firefighters, and
2. Minor and absorbable General Fund costs to CAL-FIRE.

VOTES

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 7-0-0

YES: McKinnor, Lackey, Boerner, Vince Fong, Hart, Stephanie Nguyen, Luz Rivas

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: March 21, 2024

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0003076

Date of Hearing: April 24, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2538

Author:(Grayson) – As Amended Ver:March 21, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill takes steps toward allowing the Department of Forestry and Fire Protection (CAL-FIRE) to hire seasonal firefighters for longer than nine months in a consecutive 12-month period, as required by current law.

Specifically, this bill requires state agencies, including the Department of Human Resources (CalHR), by January 1, 2025, to ensure CAL-FIRE may employ seasonal firefighters for longer than nine months in a consecutive 12-month period, if CAL-FIRE determines its current staffing levels are insufficient, thereby requiring the employment of seasonal firefighters. The bill also requires CAL-FIRE to employ seasonal firefights using an employment list.

FISCAL EFFECT:

1. Unknown, likely significant one-time General Fund costs, potentially in the hundreds of thousands of dollars over several years, for staff at CalHR to ensure CAL-FIRE may employ seasonal firefighters for longer than nine months, including the development of an employment list for seasonal firefighters.
2. Minor and absorbable General Fund costs to CAL-FIRE.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

COMMENTS:

1. Purpose. According to the California Professional Firefighters, a supporter of this bill:

Permanent intermittent employees, also known as seasonal firefighters, are critical to the mission of wildland fire suppression during wildfire season, providing support to the full-time firefighters on wildland, rural, and structural firefighting operations. However, these employees are limited to working 9 consecutive months of each 12-month period, restricting their usage even when they may be needed during emergency fire conditions. Wildfire season is no longer limited to a set time of year and has instead become a year-round phenomenon…By allowing CAL FIRE to bring on these employees for longer than 9 months, the department will be granted the flexibility that they need to ensure that the mission of protecting California and its communities is carried out no matter the time of year.

This bill is sponsored by CAL FIRE Local 2881, IAFF, AFL-CIO

1. Background. One of CAL-FIRE’s primary responsibilities is wildfire response on non-federal lands. In some instances, local jurisdictions contract with the CAL-FIRE to provide fire protection and other services. Due to the state’s increasingly long and intense annual fire seasons, the state has relied more on seasonal firefighters. However, the position of seasonal firefighter at CAL-FIRE is considered a temporary appointment to a state position. A temporary appointment to a state position is governed by different laws than a permanent appointment to a state position. Specifically, current law prohibits a person from serving under the position of temporary appointment for longer than nine months in 12 consecutive months. In addition, current law does not require an appointment to a temporary position be made from an employment list, as it does for permanent employment. An employment list is a feature of the state’s civil service whereby a prospective state employee is placed on a list for hire after completing eligibility requirements.

This bill begins the process of allowing a seasonal firefighter to serve more than nine months in 12 consecutive months. The bill requires that CAL-FIRE make a determination that staffing levels of firefighters are insufficient to respond to fires in a given year in order to use this authority, however. The bill also requires seasonal firefighters be appointed through the use of an employment list.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 3, 2024

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT

Tina S. McKinnor, Chair

ABPCA Bill Id:AB 2538 (

Author:Grayson) – As Amended Ver:March 21, 2024

SUBJECT: Department of Forestry and Fire Protection: seasonal firefighters

SUMMARY: Requires actions by various executive state entities relating to the employment of seasonal firefighters at the California Department of Forestry and Fire Protection (CAL FIRE), among other provisions. Specifically, this bill:

1. Requires the California Department of Human Resources (CalHR), the State Personnel Board (SPB), and any other relevant state agency to take actions necessary to ensure that the California Department of Forestry and Fire Protection (CAL FIRE) may employ seasonal firefighters for longer than 9 months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages.
2. Requires, in any consecutive 12-month period, the director of CAL FIRE to determine if current staffing levels for firefighters are insufficient to respond to state needs concerning fire protection, emergency response, and stewardship of the state’s natural resources requiring the employment of seasonal firefighters, as provided.
3. Requires, beginning January 1, 2025, the CAL FIRE to work with the CalHR to implement the above-described changes for compliance purposes.

EXISTING LAW:

1. Authorizes temporary appointments to positions where there is no employment list, but prohibits a person from serving in one or more positions under temporary appointment longer than 9 months in 12 consecutive months.^[1]
2. Establishes that it is the policy of the state that the normal workweek of permanent employees in fire suppression classes of CAL FIRE not exceed 84 hours per week, and authorizes compensation in cash or compensating time off, in accordance with department regulations, for work in excess of the designated workweek.^[2]
3. Establishes that if the provisions of existing law with regard to the workweek hours, as mentioned above, are in conflict with the provisions of a memorandum of understanding (MOU), the terms of the MOU must be controlling, as provided.^[3]
4. Requires all state agencies in which there are employees who are not subject to the state civil service to submit all information necessary for determination of the workweek of each employee to the CalHR. In addition, if these provisions are in conflict with a MOU, the terms of the MOU must be controlling, as provided.^[4]
5. Establishes, pursuant to Section 3 of Article VII of the California Constitution, the SPB which must enforce civil service statutes, and by majority vote of all its members, prescribe probationary periods and classifications, adopt other rules authorized by statute, and review disciplinary actions. In addition, the Executive Officer of the SPB is required to administer civil service statutes under the rules of the SPB.
6. Requires the SPB to prescribe rules consistent with a merit based civil service system to govern appointments classifications, examinations, probationary periods, disciplinary actions, and other matters related to the SPB’s authority under Article VII of the California Constitution.^[5]
7. Requires the SPB to establish minimum qualifications for determining the fitness and qualifications of employees for each class of position, and authorizes the CalHR to require applicants for examination or appointment to provide documentation as it deems necessary to establish the applicants’ qualifications.^[6]
8. Requires the CalHR to adopt rules governing hours of work, among other things, and each appointing power to administer and enforce such rules.^[7]
9. Authorizes the CalHR to provide by rule for compensation to employees who are required to report back to work after completion of the normal workday, workweek, or when off duty, among other provisions.^[8]
10. Governs collective bargaining in the private sector under the federal National Labor Relations Act (NLRA) but leaves to the states the regulation of collective bargaining in their respective public sectors.^[9]

While the NLRA and the decisions of its National Labor Relations Board (NLRB) often provide persuasive precedent in interpreting state collective bargaining law, public employees generally have no collective bargaining rights absent specific statutory authority establishing those rights.

1. Provides several statutory frameworks under California law to provide public employees collective bargaining rights, govern public employer-employee relations, and limit labor strife and economic disruption in the public sector through a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment between public employers and recognized public employee organizations or their exclusive representatives. These include the Ralph C. Dills Act, commonly referred to as the “Dills Act,” which provides collective bargaining for state employees of the executive branch and establishes a process for determining wages, hours, and terms and conditions of employment for represented employees.^[10]
2. Establishes, pursuant to the Dills Act, that the scope of representation is limited to wages, hours, and other terms and conditions of employment, except consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.^[11]
3. Requires, pursuant to the Dills Act, the Governor or its representatives to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations.^[12]
4. Establishes the PERB, a quasi-judicial administrative agency charged with administering various statutory frameworks governing employer-employee relations, resolving disputes, and enforcing the statutory duties and rights of public agency employers and employee organizations, but provides the City, and County, of Los Angeles a local alternative to PERB oversight.^[13] Administration of the Dills Act is among these statutes.

FISCAL EFFECT: Unknown. This bill is flagged as fiscal by Legislative Counsel.

COMMENTS:

1. Background: CAL FIRE, the Governor’s Proposed 2024-25 Budget, and Ongoing Efforts to Respond to CAL FIRE Staffing Concerns

The CAL FIRE’s primary responsibilities are fire response and resource management for wildland fire response in State Responsibility Areas. Among these responsibilities, the CAL FIRE provides all fire hazard, medical, rescue, and disaster emergency response to the public and provides leadership to protect life, property, and the state’s natural resources. Whereas, the federal government is responsible for wildland fire response on federal lands, CAL FIRE’s responsibility includes areas that mostly are privately owned wildlands that encompass about one-third of the state’s total acreage. In some instances, local jurisdictions contract with the CAL FIRE to provide fire protection and other services on their behalf.

To facilitate around-the-clock public safety and preservation of the state’s natural resources, CAL FIRE firefighters have a different work schedule than most other state employees. Generally, CAL FIRE operates on a 72-hour workweek that typically consists of three consecutive 24-hour days (where the firefighters reside and sleep at the fire station), followed by four days off. However, when major (including multiple major) fires occur, the workweek hours of these firefighters can substantially increase. Due to the state’s major annual fire seasons and to prioritize the health and welfare of these firefighters, in September 2022, the Legislature approved a Memorandum of Understanding (MOU) affecting Bargaining Unit 8 (CAL FIRE firefighters) that contemplated implementing a 66-hour workweek (reduced from the 72-hour workweek). The Governor’s proposed 2024-25 budget includes $199 million in fiscal year 2024-25 to begin implementing that workweek.

Prior to this action and budgetary proposal, the Legislature has taken a number of other steps to prioritize the health and welfare of these firefighters. The 2020-21 and 2022-23 state budget approved proposals totaling approximately $170 million per year on an ongoing basis to provide relief staffing for CAL FIRE; improving forest and landscape conditions; and, providing $2.8 billion from 2020-21 through 2023-24 as part of a series of budget packages and continuous annual appropriations from cap-and-trade program revenues.

While the costs of adopting the 66-hour workweek are unknown at this time, the Legislative Analyst’s Office (LAO) recently opined, among other things, that the 66-hour workweek proposal “… comes at a time when the state faces a large, ongoing budget problem,” and, “…the Legislature faces a key decision as to whether implementing the 66-hour workweek proposal is affordable given the state’s fiscal condition.”^[14]

1. This Bill

As the Legislature continues to consider additional legislative and budgetary proposals that protect life, conserve the state’s natural resources under the jurisdiction of the CAL FIRE, and prioritize the health and welfare of CAL FIRE firefighters in these regards, this bill may help augment and support the existing personnel resources of the CAL FIRE and its firefighters for these purposes.

1. Statement by the Author

Information provided by the author states that, “…the increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters. The threat of profound loss of property and lives goes beyond the 9-month tenure of firefighters. The problem is exacerbated by the loss of California Conservation Corps hand crews.

“In 2023 alone, CAL FIRE crews fought 7,127 wildfires that burned over 300,000 acres across the state. The mental health of CAL FIRE firefighters is placed at risk by the extremely long hours working under extreme duress, sometimes for a month on duty without a day off. Additionally, conservancy studies have shown the health risks that come with working long hours at “point zero” of these fires that can sometimes burn for weeks on end. Prolonged exposure to the types of harmful air particulates created by these fires causes immediate and long-term physical and mental health risks. The results of the current situation have been dire for CAL FIRE and the communities they protect. In the last 2 years, more than 400 employees left the Department for better hours and working conditions, and the Department’s mental health hotline has received over 20,000 calls a year. The increasing ferocity of wildfires has required a longer commitment by firefighters to combat these disasters.”

For purposes relating to this bill, the author states in part that, “… for more than 100 years, [the CAL FIRE has] protected California from the Oregon border to the southern end of the state—providing coverage for more than 1/3rd of the state’s land as well as serving as the full-time fire department for more than 130 local entities. With the surge of wildfires seen in recent years, CAL FIRE firefighters have experienced an unprecedented increase in the number of service calls as well as an increase in the length of time spent fighting some of these fires. These extreme fire seasons that California has endured as of late have resulted in more dire working conditions for CAL FIRE employees, which has led to increasing levels of burnout among these firefighters who work under extreme conditions. Simply put, CAL FIRE needs to be able to hire more firefighters to meet the need created by the higher number of fires and lower number of available firefighters.”

1. Comments by Supporters

The sponsor of this bill, CAL FIRE Local 2881, IAFF, AFL-CIO states that, “… the reasons have been made obvious by the disastrous fire seasons of previous years. The closure of Correctional Facilities has mean that CAL FIRE has half the inmate crews they had just a few years ago. The problem is worsened by the timing late in the year of catastrophic fires subsequent to the release of (seasonal workers). The discretion [afforded to the CAL FIRE Director proposed by this bill] is a necessary option as California deals with disasters that once seemed incomprehensible and are now… the new normal.”

The California Professional Firefighters state in part that, “[p]ermanent intermittent employees, also known as seasonal firefighters, are critical to the mission of wildland fire suppression during wildfire season, providing support to the full-time firefighters on wildland, rural, and structural firefighting operations. Wildfire season is no longer limited to a set time of year and has instead become a year-round phenomenon that requires constant monitoring and vigilance to ensure that small fires do not explode into significant emergency situations. By allowing CAL FIRE to bring on these employees for longer than 9 months, the department will be granted the flexibility that they need to ensure that the mission of protecting California and its communities is carried out no matter the time of year.”

1. Comments by Opponents

None on file.

1. Prior or Related Legislation

Assembly Bill 1405 (Flora, 2023) proposed to require the CAL FIRE to implement a 56-hour maximum workweek for its firefighter employees in state Bargaining Unit (BU) 8; to work with the CalHR to implement these changes on or before December 1, 2026, and includes legislatives findings and declarations for these purposes. This bill was held in the Assembly Committee on Public Employment and Retirement at the request of the author.

REGISTERED SUPPORT / OPPOSITION:

Support

CAL FIRE Local 2881, IAFF, AFL-CIO (Sponsor)

California Professional Firefighters

Opposition

None on file.

Analysis Prepared by: Michael Bolden / P. E. & R. / (916) 319-3957

1. Section 5, art. VII, Cal. Const. ↑

2. Section 19846 (a) of the Government (Gov.) Code. ↑

3. Subdivision (b), ibid. ↑

4. Section 19847 of the Gov. Code. ↑

5. Section 18502 of the Gov. Code. ↑

6. Section 18931, of the Gov. Code. ↑

7. Section 19849 of the Gov. Code. ↑

8. Section 19849.1, ibid. ↑

9. Sections 151 et seq., Title 29, United States Code. ↑

10. Sections 3512 et seq. of the Gov. Code. ↑

11. Section 3516 of the Gov. Code. ↑

12. Section 3517 of the Gov. Code. ↑

13. Sections 3541 et seq. and 3509, inclusive, of the Government (Gov.) Code. ↑

14. “CalFire – Implementation of a 66-Hour Workweek.” LAO, March 2024. ↑