Senate Standing Committee on Labor, Public Employment and Retirement
- Committee Secretary
Person
Senator Durazo isn't here to even start presenting her bill, so. We do have a quorom. No, we don't. Yeah, we do.
- Dave Cortese
Legislator
Maybe Senator Laird will get to go first. I don't have a problem with that. Yeah, I mean, we could just ...
- Dave Cortese
Legislator
The Senate Committee on Labor, Public Employment and Retirement will come to order. Good morning. The Senate continues to welcome the public in person, but also through the teleconference service. So that will be happening today. And for individuals wishing to provide public comment today, that participant number is 877-226-8163. Again, public comment can happen here, but if you want to call in and you're listening now, that number is 877-226-8163. There's an access code you need to use, which is 694-8930. I'll repeat that.
- Dave Cortese
Legislator
694-8930. For this hearing only, meaning don't plan on this happening the next Committee meeting. But for today, we're allowing up to three lead witnesses for support and opposition. So there'll be a total of six minutes for each side. Normally, we would be holding to four minutes to each side. So six minutes today for the lead witnesses. Each lead witness that is part of a trio is welcome to speak for two minutes.
- Dave Cortese
Legislator
For bills with only one or two lead witnesses, we ask that your testimony be kept to three minutes per individual. So following the math there, that still would then add up to a six minute maximum. All others wishing to testify must limit their comments to their name, affiliation, and position on the measures. Testimony taken via the teleconference service will be limited to a total of 20 minutes. And what we're doing this session is taking support and opposition together on that teleconference line.
- Dave Cortese
Legislator
As everyone in the building today knows, we're holding these Committee hearings here in the O Street building. I want to ask all Members who are not here to please be present now in this room, 2200, so we can establish our quorum and begin our hearing. I'm told we may have enough Members for a quorum. Now, let me just say before we establish it that we have 18 bills on today's agenda. So we will talk about those a little bit more momentarily. But before we do that, let's establish a quorum. And assistant, if you could please call the role.
- Committee Secretary
Person
Cortese. Here. Wilk. Durazo. Here. Laird. Here. Senator Smallwood-Cuevas. Here. We have a quorum.
- Dave Cortese
Legislator
All right, so the assistant has noted that a quorum has been established. We're going to move now to consent calendar. I'd like to entertain a motion on consent items, which are SB 332, SB 335, SB 510 and SB 716. Senator Laird has moved consent. Consultant, would you please call the roll?
- Committee Secretary
Person
File items number 6, 10, 13 and 15, all on consent. Cortese. Aye. Wilk. Durazo. Aye. Laird. Aye. Smallwood-Cuevas. Aye. That bill is on call. Those bills.
- Dave Cortese
Legislator
Great. Thank you. Those bills will be kept open. The roll will be kept open on call. As we get additional Committee Members here today, we will take up the consent one more time. Now, we're going to move to what is the ordinary file order today, and the number one bill on the file is Senator Durazo's bill having to do with minimum wage and healthcare workers. So we know there's lots of interest in the bill. And Senator Durazo. Yeah, if you could please proceed to the podium and present as soon as you're ready, we would appreciate that.
- María Elena Durazo
Legislator
Thank you, Mr. Chair and Members. Good morning. First, I want to thank the Committee staff for their analysis, and we'll begin by accepting the recommended Committee amendment on page 10. Clarifies that this bill does not include delivery work on the premises of a covered healthcare facility.
- María Elena Durazo
Legislator
If that delivery worker is not an employee of any person that owns, controls, or operates a covered healthcare facility. I am very proud to present SB 525, which will establish a $25 per hour minimum wage for all healthcare workers who provide services that directly or indirectly support patient care. Raising the minimum wage for all healthcare workers in the state is critical in order to help retain staff. Prior to the pandemic, California was already facing a shortage of 500,000 healthcare workers.
- María Elena Durazo
Legislator
Now, after facing the trauma and dangerous working conditions throughout the pandemic, many workers, many men and women, are struggling with low pay and poor working conditions. In fact, 31% of healthcare workers report they are considering leaving the profession. The impacts of the staffing crisis are being felt by healthcare workers and those that they care for.
- María Elena Durazo
Legislator
We have heard from healthcare workers, such as medical assistants, clerical and cooks, who are making less than $25 per hour, and they are struggling to make ends meet--like just to pay the rent or to pay for the gasoline in their cars, they have had to take on two or three jobs and do not have time to take care of themselves while they were taking care of others, their patients.
- María Elena Durazo
Legislator
We have also heard from workers that are in facilities where one person is doing the job of several people: answering phones, putting patients in the rooms, getting referrals. The tasks go on and on and on. This demonstrates how shortages are impacting both access to care and the quality of care for people in our state. In addition, people of color and women make up the majority of our state's healthcare workforce, which means they bear the brunt of the low wages and the understaffed healthcare facilities.
- María Elena Durazo
Legislator
This is why we need SB 525. It begins to address the systemic undervaluing of care work. It elevates majority women workforce out of poverty. Higher wages will help restore healthcare jobs to the status of a job in which a person can support a family. It will also attract more workers to fill the huge shortage of healthcare workers our state is facing. We know medical facilities are struggling to recruit and retain employees.
- María Elena Durazo
Legislator
Many clinics, hospitals and other healthcare facilities are competing with sectors like retail, food services and hospitality for entry level, hourly paid workers. We've heard from opposition saying they can't afford to pay their workers higher wages. And although we recognize the physical constraints on some facilities, the truth is: we will never stabilize health care for underserved communities as long as low wages and understaffing are causing the hemorrhaging of critical workers at our clinics and hospitals.
- María Elena Durazo
Legislator
Hospitals and other healthcare facilities need to invest in their workforce in order to ensure that services are not cut and access to care is not impacted. Hospitals, clinics and similar medical facilities cannot run their day to day operations without addressing the needs of their workforce. I have spent my entire life fighting to raise wages for working people, hotel housekeepers, janitors, laborers, teachers and nurses. Poverty wages hurt everyone. SB 525 will raise wages for healthcare workers by establishing a $25 per hour minimum wage.
- María Elena Durazo
Legislator
Today, I have two healthcare workers with me, Mayisha Chavis, medical assistant at St. Francis in Lynwood, and Katie Templeton, a medical biller at the Los Angeles LGBTQ Center, and Matt Lege, on behalf of SEIU California, the sponsors of this bill. Thank you, Mr. Chair.
- Unidentified Speaker
Person
Hi.
- Dave Cortese
Legislator
Sorry about the microphone. We will go to the lead witnesses now, and you may begin. Just a reminder, which I'll be doing all through the day. Three minutes per lead witness for a total of-
- Committee Secretary
Person
There's three of them. It'll be two minutes per.
- Dave Cortese
Legislator
Two minutes per lead witness. Our total is six minutes, so that's a more correct division. I apologize, but please proceed if you're ready. Thank you.
- Mayisha Chavis
Person
Hi, good morning. My name is Mayisha Chavis. I'm a medical assistant at St. Francis in Lynwood. I've been working with St. Francis for about two and a half years. I started as a Covid screener at the emergency department, and I noticed it was ... because short staff. I noticed that it wasn't a lot of workers. It was a point to where the patient wasn't able to get proper care because it's due to short staff.
- Mayisha Chavis
Person
I've seen how the workers was overcrowded with a lot of work. I've seen that a patient was being laid back with not being able to be seen properly due to the short staff. The EVS that take care of the cleaning and stuff, a lot of restroom wasn't being cleaned due to understaff. Restroom on floors wasn't being cleaned properly. So I just wish that by the minimum wage being $25, it will help with people coming in and assisting us at the healthcare fair.
- Mayisha Chavis
Person
I work front and back office at the ortho clinic and sometimes it's kind of hard for us to even do our work because we don't have any help at the ortho clinic. And I love my job. I love my job. I don't want to leave. I stayed at St. Francis because I'm dedicated to my patient and the work ethic as well. I'm a single mother of two.
- Mayisha Chavis
Person
I was recently homeless with my two kids, but thankfully I have found a place for me and my kids. But it's been hard, because I'm making $17 where I can't afford the bills, where I can't even buy diapers and clothes for my kids because my rent is extremely higher than what I'm bringing home. So I will really hope and pray that you guys will help us because it's really hard, because I don't want to leave my job. Because if I leave my job, I'm not going to be able to take care of my kids. But it's kind of hard because I'm not the only one that's going through this. A lot of people that's suffering as well that been trying to hold on and have the--I'm nervous.
- Dave Cortese
Legislator
You're doing great, but you do have to wrap up because you're just going over the two minutes now.
- Mayisha Chavis
Person
So I just want to say, I just hope you guys really put yourself in our shoes and say, "Are you able to live off of $16, $17 where you don't have to worry about your lights being shut off, your gas being cut off, or being homeless?" So I really just hope you guys really would think about it and really take this into consideration. To really give this to the healthcare workers, and maybe we'll be able to help the healthcare field again by having people come into our facility and help everybody. Thank you.
- Dave Cortese
Legislator
All right, thank you. Next lead support witness, please. If you can come forward and identify yourself and you can proceed for a couple of minutes.
- Katie Templeton
Person
Hello, Chair Cortese and Members of the Committee. Thank you for the opportunity to speak about State Bill 525. My name is Katie Templeton. I'm a medical biller for the LA LGBT Center, which provides social and health services for the LGBT community. I've worked there for seven years, this past April, or this April. So when I started, I was homeless for a period, and having a job and being homeless is a whole another set of problems.
- Katie Templeton
Person
But because of the negotiating that we did in 2016 with my coworkers for our contract, I was able to pull myself out of homelessness because of a pay raise that our contract allowed. I make about $23 an hour thanks to our union contract. But skyrocketing cost of living, particularly the astronomical rent sizes, still means I'm just scraping by.
- Katie Templeton
Person
Food is increasing, and as well as my electricity bills, especially for this winter that we've had this past year--it's much tougher for other workers at the LGBT Center, where starting wages range from $15 an hour, and that's just not livable in Los Angeles at all. It's impossible to live on that. I have coworkers forced to work 1, 2 other, 3, not only 5-8 hour jobs, but side gigs that they do on their own time.
- Katie Templeton
Person
This is why so many workers in clinics like ours and in the healthcare field in general are moving on to other careers. We can't afford to feed our families. We can't afford to feed ourselves. And if we can't afford to take care of our own matters, we can't help take care of anybody else's. This is a vicious cycle. Too many workers can't even make enough to live. They quit and take higher paying jobs outside of health care. The remaining workers have to pick up the slack in a short staff clinic. My predecessor mentioned this very specifically. And then we get burnt out-
- Dave Cortese
Legislator
You'll have to wrap up. You're at the two minute mark.
- Katie Templeton
Person
Okay. Like I said, I'm a medical biller in an FQHC. We deal with low-income individuals. I help clients with insurance, specifically Medi-Cal, which is vital for survival in this world. My job is to advocate including those with private insurances. Right from the get-go insurance companies just don't want to pay.
- Dave Cortese
Legislator
Thank you for your testimony. I have to be fair to both sides. Otherwise, if we go three or four minutes-
- Katie Templeton
Person
I totally understand.
- Dave Cortese
Legislator
The opposition gets-
- Katie Templeton
Person
Please vote for the bill. Thank you.
- Dave Cortese
Legislator
Lead support witness, please come forward.
- Matt Lege
Person
Thank you, Chair and Members. Matt Lege on behalf of SEIU. I happily defer my time to the other lead witnesses. But I'll just quickly--and appreciate the Committee's willingness to hear this bill first and appreciate your staff as well, who's done some great work on both the analysis and working with us on the bill. Would like to thank Senator Durazo, her staff, and of course, Senator Smallwood-Cuevas, who's also a co-author of this bill, for taking on this righteous effort.
- Matt Lege
Person
I do want to just make a couple of quick points. The healthcare industry received significant support during the pandemic in terms of state and federal support. Operational revenues are starting to return to pre-pandemic levels, while workers continue to struggle with making ends meet. We have seen the combined net income for hospitals and health systems, large hospitals and health care systems in California from 2020 to 2022 was $38 billion in net revenue. Significant resources from the Kaiser Health Foundation.
- Matt Lege
Person
We are seeing for profit health systems starting to have operational margins that meet or exceed pre-pandemic levels. Unfortunately, during the pandemic, we saw the majority of workforce investment with temporary staff versus investing in workforce and long term solutions.
- Matt Lege
Person
And I do want to just quickly highlight the UC Berkeley report, which came out yesterday, that highlighted that this would have a direct impact on 469,000 workers, that this would be a primary benefit for workers of color, which represent 70% of the impacted workers and women, who make up three-fourths of the impacted worker. The 70% of the workers impacted have at least some college, close to half have children, one-quarter of the workers are below the 200% of the poverty line.
- Matt Lege
Person
Really, we have found that increasing pay for workers and addressing retention will improve patient outcomes, including shorter hospital stays and decrease in infection and lower mortality rates. The healthcare industry is really at a crossroads right now in terms of if they're going to continue to rely on low-wage workers and delivering care to low-wage workers, or are we going to choose to invest in our workforce and ensure that workers, when we're taking care of our most vulnerable patient, every worker earns a living wage. Thank you very much.
- Dave Cortese
Legislator
Thank you for your testimony. Now, if there's anyone else in the Committee room who wishes to express a support position, you could come forward now. Step forward, say your name, any affiliation that you have and support. Please don't come up one at a time. If you can just queue up. If we have more than one person, just get in a single file line and this goes pretty quickly. Please proceed. Name, affiliation and support.
- Unidentified Speaker
Person
My name is Adam Kosak. I'm a pharmacy tech at Kaiser hospitals. I am in support.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
My name is Candina Aralo. I'm a nurse at Kaiser, and I'm in support.
- Dave Cortese
Legislator
All right, thank you. No one else?
- Lanette Griffin
Person
Hello, everyone. Good morning. My name is Lanette Griffin, South Sacramento, Kaiser, 30-year employee, proud member of SEIU, and I urge you to support this bill.
- Dave Cortese
Legislator
Thank you.
- Amanda Aikawa
Person
My name is Amanda Aikawa. I'm a registered nurse at Sutter Amador Hospital in Jackson, California, and a member of SEIU-UHW, and I'm in support.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Hi. I'm an ER technician at Kaiser Sacramento, and I am in support.
- Dave Cortese
Legislator
Thank you.
- Alisha Walker
Person
My name is Alisha Walker. I'm a clinical coordinator at Lifelong Medical in Oakland, California, and I am in support of SB 525.
- Dave Cortese
Legislator
Thank you.
- Jessie Coker
Person
Hi. My name is Jessie Coker, and I work for Lifelong Medical Group, and I am in support as well. Thank you.
- Dave Cortese
Legislator
Thank you.
- Jennifer Pruitt
Person
My name is Jennifer Pruitt. I'm with Kaiser Permanente. I'm a pharmacy technician, with them for 25 years, and I support.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
My name is Sabrina Howes. I'm a Kaiser member medical assistant at Sacramento, and I support.
- Dave Cortese
Legislator
Thank you.
- Sherry Cooper
Person
Hello. My name is Sherry Cooper. I work in the laboratory, and I'm in support of the bill as well. Thank you.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Hello. My name is Mabel ... I work for Lifelong. I'm a behavioral health community health worker, and I am in support of the bill.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Hi. My name is Christina Greenway. I'm a certified ophthalmic technician in the Ophthalmology Department of Kaiser in Sacramento, and I'm in support.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Hello. My name is Sonia ... and I am a certified ophthalmic assistant in Folsom in ophthalmology and eye services, and I'm in support.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Hi. My name is McDahlia ... I'm a patient care coordinator and eligibility specialist. I work for Lifelong Urgent Care in the City of San Pablo. I'm an SEIU-UHW member, and I'm speaking in supporting the SB 525.
- Dave Cortese
Legislator
Thank you.
- Fabunmi Adefunmi-Sands
Person
My name is Fabunmi Adefunmi-Sands. I'm an emergency room ed tech at Kaiser Morris ed, as well as a ... instructor and I'm in support of the bill.
- Dave Cortese
Legislator
Thank you.
- Mauricio Medina
Person
My name is Mauricio Medina. I work at Southern California of Hollywood. I am a 22 year employee in the healthcare. I am a CNA monitor tech/ ... secretary.
- Dave Cortese
Legislator
Thank you.
- Mauricio Medina
Person
And I support.
- Jessica Sanchez
Person
Hi, my name is Jessica Sanchez. I'm a nurse here in Sacramento and also a correctional nurse. I've been working at Kaiser SEIU-UHW for about eight years, and I support. Thank you.
- Dave Cortese
Legislator
Thank you.
- Joseph Brown
Person
Good morning. My name is Joseph Brown. I'm an interventional radiology tech at Sutter Roseville and a proud member of SEIU-UHW. And I strongly urge you to support this bill. Thank you.
- Dave Cortese
Legislator
Thank you.
- India Prasad
Person
Good morning. My name is India Prasad. I'm a medical assistant at Roseville Kaiser, and I support this bill.
- Dave Cortese
Legislator
Thank you.
- Juan Cruz
Person
Good morning. My name is Juan Carlos Rodriguez De La Cruz. I'm an emergency department technician at Sutter Roseville, and I'm in support of this bill.
- Dave Cortese
Legislator
Thank you.
- Georgette Bradford
Person
Good morning. My name is Georgette Bradford. I am an ultrasound technologist at Kaiser Permanente Sacramento, a proud member of SEIU-UHW, and I strongly urge you each to support SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Hello. My name is Elena Teresa ... I am representing SEIU-UHW for Stanford Healthcare and Lucile Packard Children's Hospital. And I strongly support this bill and urge you to.
- Dave Cortese
Legislator
Thank you.
- Marquetta Willingham
Person
Good morning. My name is Marquetta Willingham. I am a surgical first assist with Kaiser Permanente. I strongly urge you to support SB 525. I come from a family of eight 100% women who are healthcare workers, nurse practitioners, pharmacists, pharmacy techs and other healthcare workers, so I strongly agree.
- Dave Cortese
Legislator
Thank you.
- Tammy Chu
Person
Good morning. My name is Tammy Chu and I am a senior health plan representative. And I strongly support SB 525.
- Dave Cortese
Legislator
Thank you.
- Melissa Jackson
Person
Good morning. My name is Melissa Jackson, and I'm a MA LVN at Kaiser. And I strongly support and urge you to support as well, this bill. Thank you.
- Dave Cortese
Legislator
Thank you.
- Anthony Cox
Person
Good morning. I'm Anthony Cox. I'm a SNA at Sutter Roseville, and I'm in support.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Good morning. I'm Gabriella. I'm a respiratory therapist at Kaiser, and I support this bill.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Good morning. My name is Desiree Fickner, and I am a pharmacy technician at Kaiser for 25 years, and I am in support.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Good morning. My name is Juan ... I'm SEIU UHW from Roseville. Thank you.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
My name is Sarah Frosto. I am a medical assistant at Roseville Kaiser. I do support the bill.
- Dave Cortese
Legislator
Thank you.
- Yolanda Moon
Person
My name is Yolanda Moon. I am a medical assistant in Roseville. I'm a SEIU-UHW member, and I support Bill 525.
- Dave Cortese
Legislator
Thank you.
- Irene Hernandez
Person
Hello. My name is Irene Hernandez, and I am a department clerk at Kaiser Roseville Home Health, and I support SB 525.
- Dave Cortese
Legislator
Thank you.
- Elizabeth Grigsby
Person
Hi. My name is Liz Grigsby. I'm a respiratory therapist at Kaiser Roseville, and I support SB 525.
- Dave Cortese
Legislator
Thank you.
- Stacey Kearney
Person
Hi. My name is Stacey Kearney. I'm a patient financial advisor at Kaiser Roseville and a member of SEIU-UHW, and I support the SB 525.
- Dave Cortese
Legislator
Thank you.
- Ja'Nice Wisdom
Person
Good morning. My name is Ja'nice Wisdom. I'm a staff assistant at Kaiser Roseville and a member of SEIU-UHW, and I urge you to support SB 525.
- Dave Cortese
Legislator
Thank you.
- Lydia Cabral
Person
My name is Lydia Cabral. I am a proud member of SEIU 721, and I work at LAC USC Medical Center. And I urge you and encourage you to vote on SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Maria Tenorio
Person
Good morning. My name is Maria Tenorio. I'm a community health worker for the Department of Health in LA County. I urge that you support SB 525, and stop sending money to Ukraine. Help our health workers.
- Unidentified Speaker
Person
... Buenos días. Good morning, everybody. My name is ... Shunkash. I'm working with the Clinica Oscar Romero in LA, Los Angeles, California. I come because I want to support the SB 525. Because it's not just to leave the people-
- Dave Cortese
Legislator
That's all you can say, ma'am. Thank you.
- Unidentified Speaker
Person
With the low salary.
- Dave Cortese
Legislator
Thank you. Thank you. Appreciate all the testimony. You're doing well.
- Unidentified Speaker
Person
Hi. My name is Donna Velasquez. I'm a medical assistant for Ventura County, and I'm an SEIU 721, and we really want you guys to support SB 525.
- Dave Cortese
Legislator
Thank you.
- Rene Espinoza
Person
My name is Rene Espinoza. I'm a nursing assistant at Ventura County Medical Center, the ... Ventura, and a member of SEIU 721. Please support SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Martin Espinoza
Person
My name is Martin Espinoza. I'm a nursing assistant at Ventura County Medical Center. I'm asking to please support SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Xavier Puente
Person
Hello, good morning. My name is Xavier Puente. I work for LA County Department of Mental Health. I'm a community health worker, and I'm here in support of SB 525. Thank you so much.
- Dave Cortese
Legislator
Thank you.
- Kelley Butler
Person
Good morning. My name is Dr. Kelley Butler. I'm a resident physician in family medicine at UCSF. I'm here on behalf of the Committee of Interns and Residents, and I hope for your support on Senate Bill 525.
- Dave Cortese
Legislator
Thank you.
- Manveer Dilts-Garcha
Person
Hello. I'm Dr. Manveer Singh Dilts-Garcha. I'm a neurologist and epilepsy fellow at Stanford. I'm a member of CIR, and I'm here asking for your support on SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Natalie Eggleston
Person
Hello. My name is Dr. Natalie Eggleston. I'm a fourth-year resident physician at Valley Medical Center in San Jose, California. I'm here with CIR, and I ask for your support on Senate Bill 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Hilary Rogers
Person
Hello. Good morning. I'm Dr. Hilary Rogers. I'm also an OBGYN resident physician coming from Santa Clara Valley Medical Center in San Jose. I'm here with CIR, and I'm speaking in support of SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Carla Martinez
Person
Hello. My name is Carla Martinez and I'm a medical assistant at Omni Family Health in Wasco. And I'm here speaking on the support of the SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Good morning. My name is ... Danieto, and I work as a medical assistant at the Ventura County Oxnard Clinicas del Camino Real, and I'm here to support the SB 525.
- Dave Cortese
Legislator
Thank you.
- Tina Diep
Person
Good morning. My name is Tina Diep. I'm a community health advocate. I work in Asian Health Services in Oakland City. I'm a 1021 member. I'm here to support 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Angel Valdez
Person
Good morning. My name is Angel Valdez. I work as a layout graphic designer, La Clínica de La Raza in Oakland, and I'm a proud Local 1021 member. And I'm here speaking in support of SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Good morning. My name is Steve K. Valenciano. I'm a child and family mental health therapist at Kedren Community Health Clinic in Los Angeles, California, and a Member of SEIU Local 721. I am here in support of SB 525.
- Dave Cortese
Legislator
Thank you.
- Raymond Meyer
Person
Hello. I'm Raymond Meyer. I'm a cook at Mercy McMahon Terrace. I'm here to support pulling healthcare workers out of poverty, and I support SB 525.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Hello. My name is ... Sanchez ... I'm a food service worker at Kern Medical, Bakersfield. I'm a member of SEIU Local 521. I'm here to speak on behalf of SB 525, ... workers united.
- Dave Cortese
Legislator
Thank you.
- Angela Milan
Person
Good morning. My name is Angela Milan. I am your dental scheduler at Golden Valley in Atwater. I am here to support the SB 525 for my workers.
- Dave Cortese
Legislator
Thank you.
- Jasmine Blue
Person
Good morning. My name is Jasmine Gonzalez Blue, and I work for WellSpace Health, Sacramento. And I'm here to support the SB 525.
- Dave Cortese
Legislator
Thank you.
- Christopher Jones
Person
My name is Christopher Jones. I'm a registered nurse with Riverside University Health Systems in Riverside County. I'm here with Local 721. Urge you guys to support SB 525.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
Good morning. My name is Maria Martinez Onofre. I'm a referral specialist with Salud Para La Gente in Watsonville. I am here with Local SEIU 521. And I'm here speaking on behalf of SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Bruce Campbell
Person
My name is Bruce Campbell. I'm a clinical laboratory scientist. I work in Riverside County at Riverside University Health System, and our healthcare force really urges you and need you to support this bill, SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Yeon Park
Person
Good morning. My name is Yeon Park. I'm with SEIU 1021, and I'm also a behavioral health clinician providing mental health services in Alameda County. I'm rise up here in speaking in support of SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Sarah Medina
Person
Good morning. My name is Sarah Medina. I work at San Ysidro Health Centers, and I would strongly suggest for you guys to support the SB 525. It's very important for us to make a minimum wage of at least $25 an hour living in California.
- Dave Cortese
Legislator
Thank you.
- Sarah Medina
Person
Appreciate your time. Thank you.
- Tina Tapia
Person
Hello. My name is Tina Tapia, and I am an admin assistant for the Public Health Department of Alameda County in Oakland. And I'm a member of SEIU 1021 in here speaking to support SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Rhonda Caplacios
Person
Good morning. My name is Rhonda Caplacios, and I'm an eligibility specialist at Highland Hospital in Oakland, and I'm a Member of SEIU 1021 local. I'm here speaking on support of SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Cynthia Landry
Person
Good morning. My name is Cynthia Landry, and I'm a frontline social worker working with the safety net population. And I work for Alameda County Social Services, Oakland. And I'm a Member of SEIU Local 1021, and I'm here to support Senate Bill 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Brandon Dawkins
Person
Good morning. I'm Brandon Dawkins. I am a health worker for the San Francisco Department of Public Health. I am also a member of SEIU Local 1021, and I, too, also support SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Janet Paul
Person
Good morning. My name is Janet Paul. I work for the Los Angeles County Department of Public Health in Division of HIV and STD Program. I'm an intermediate typist clerk. I'm with Local 721, and I am speaking in support of SB 525.
- Dave Cortese
Legislator
Thank you.
- Paul Cheech
Person
My name is Paul Von Cheech. I am a case manager with Venice Community Housing. I'm also a member of Local 721. I'm here speaking, voicing my support for 521 or 525. Sorry.
- Dave Cortese
Legislator
Thank you.
- Valerie Peoples
Person
Hi, good morning. My name is Valerie Peoples. I work for Watts Healthcare center in South Central LA, known as Watts. I'm here to support bill 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Valerie Peoples
Person
Thank you.
- Deborah Barrios
Person
Good morning, everyone. My name is Deborah Barrios. I'm a med surgical nurse at Zuckerberg San Francisco General. I'm a member of SEIU 1021, and I'm here speaking in support of SB 525. Thank you for your time.
- Dave Cortese
Legislator
Thank you.
- Taylor Evans
Person
Hello, good morning. My name is Taylor Evans. I work at Westview Healthcare Center in Auburn, California, and I am strongly encouraging to move forward with the Bill SB 525.
- Dave Cortese
Legislator
Thank you.
- Jesus Casio
Person
Hello, good morning to everyone. My name is Jesus Figueroa Casio. I'm an SAIU 2015. And I work in Westview Healthcare in Auburn. So I strongly let everyone to pass SB 525. Thank you very much. Living in California is high.
- Dave Cortese
Legislator
Thank you.
- Alex Stewart
Person
Hello. My name is Alex Stewart. I work for San Joaquin County HSA as a social worker. I'm here to let you know that all workers in California behind this bill, please pass it. Thank you.
- Dave Cortese
Legislator
Thank you.
- Randy Lee
Person
Hi. My name is Randy Lee, and I work for Vale in Richmond. And I am a member of Local SEIU 2015. And I urge you to pass SB 525
- Dave Cortese
Legislator
Thank you.
- Sherry Williams
Person
Hi. My name is Sherry Williams. I work at Auburn Oaks in the City of Auburn. I'm an SEIU 2015 member. I'm urging you to support SB 525.
- Dave Cortese
Legislator
Thank you.
- Marjorie Axelrod
Person
Good morning, everyone. My name is Marjorie Axelrod. I work at Roseville Point Health and Wellness Center in the City of Roosevelt. I am a member of SEIU Local 2015. I'm here respectfully urging you to support SB 525. Thank you.
- Kristen Mozak
Person
Hi. My name is Kristen Mozak. I work at the Pines at Placerville Healthcare in the City of Placerville. I'm a member of SEIU Local 2015. I'm urging you to support SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Jesse Sutton
Person
Good morning, everyone. My name is Jesse Sutton. I work at Placerville Pines and my facility is in the City of Placerville. And I'm a member of SEIU 2015. And I urge you support five. SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Sandy Kay
Person
Good morning. My name is Sandy Kay. I represent all healthcare workers. I'm a proud member of Local SEIU 2015. And I urge you to support SB 525, please.
- Dave Cortese
Legislator
Thank you.
- Miria Holder
Person
Good morning. My name is Miria Holder. I work at the Watts Health Center in Los Angeles. I worked there for 30 years. I am utilization management specialist. I am here to ask for your support with the bill SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Lena Reda
Person
My name is Lena Reda. We are patient. I need more people care for us and support SB 525.
- Dave Cortese
Legislator
Thank you.
- Sharon Boyd
Person
My name is Sharon Brooks Boyd. As a retiree of Stanford hospital and a patient that access the health system, please support Senate Bill 525.
- Dave Cortese
Legislator
Thank you.
- Lynn Ramos
Person
Good morning. My name is Lynn Ramos. I am a licensed vocational nurse at Tiburcio Vasquez Health Center in San Leandro, and I support SB 525.
- Dave Cortese
Legislator
Thank you.
- Azra Cario
Person
My name is Azra Federal Cario. I am a consumer relations coordinator for Northeast Valley Health Corporation. I urge you to support SB 525.
- Dave Cortese
Legislator
Thank you.
- Julia Lostane
Person
Good morning. My name is Julia Lostane. I work at St. Joseph Stockton, and I urge you to support SB 525.
- Dave Cortese
Legislator
Thank you.
- Marcus Wilson
Person
Hello. Marcus Wilson. UHW. Here to support the Bill. $25 minimum. Thank you.
- Dave Cortese
Legislator
Thank you.
- Lakeisha Gantz
Person
Hello. My name is Lakeisha Gantz. I work with Families Together of Orange County in the City of Tufton, and I strongly support SB 525.
- Dave Cortese
Legislator
Thank you.
- John N/A
Person
Hi, good morning. My name is John. I'm a massage therapist out of Santa Ana, California and I'm in support of SB 525.
- Dave Cortese
Legislator
Thank you.
- Omar N/A
Person
Hi. Good morning. My name is Omar. I work at St. John's Community Health, and I come from LA, and we're here. Well, actually, my title is medical records department, and I'm here to support SB 525.
- Dave Cortese
Legislator
Thank you.
- Asher Lopez
Person
Hello. My name is Asher Lopez, and I'm a medical assistant at St. John's Community Health. And we're in LA, and I'm here to support SB 525.
- Dave Cortese
Legislator
Thank you.
- Carmen Scott
Person
Hi. My name is Carmen Scott. I'm a registered dental assistant. I'm at St. John's Community Health, and I'm a member of the SEIU 721. And I'm here to support the SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Anna Amesqua
Person
Good morning. My name is Anna Amesqua. I'm a PRW at Harbor-UCLA hospital, working at the emergency room, and I'm here to support my union. Thank you.
- Dave Cortese
Legislator
Thank you.
- Maria Marquez
Person
Good morning. My name is Maria Marquez. I work for Sacramento Community Clinic. I am a medical assistant, and I am supporting this bill. Thank you. You have a nice day, ladies and gentlemen.
- Dave Cortese
Legislator
Thank you.
- Sonia Rosa
Person
Hello. My name is Sonia Rosa. I'm a medical assistant at Benevolence Health Center, and I'm here to support SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Sara Flocks
Person
Mr. Chair and members. Sarah Flocks, California Labor Federation, here in. Support of raising the minimum wage for healthcare workers, and also in support of finding a path to address the issues raised by the California Nurses Association. Thank you.
- Dave Cortese
Legislator
Thank you.
- Louie Costa
Person
Thank you, Mr. Chair and members, Louis Costa, with the Sheet Metal, Air, Rail, and Transportation Workers, SMART Transportation Division in support.
- Dave Cortese
Legislator
Thank you.
- Destiny Parks
Person
Hi. My name is Destiny Parks. I'm a healthcare worker and MA at Benevolence Health center, and I support this bill.
- Dave Cortese
Legislator
Thank you. All right. Not seeing anyone else come forward to speak in the committee room. Or maybe we do have. Are these support witnesses? No. All right, we're now going to call lead opposition. Do we have lead opposition witnesses today? If so, please come forward and self-identify.
- Dave Cortese
Legislator
If there's two of you, you'll have up to 3 minutes each or 6 minutes total. And if there's three of you, it's 2 minutes each. 6 minutes total, please.
- Diane Hansen
Person
I believe there's three of us.
- Dave Cortese
Legislator
Three? Okay, 2 minutes each. 6 minutes total, please. Thank you.
- Diane Hansen
Person
Wonderful. Thank you. Good morning, Mr. Chair and Committee Members. I'm Diane Hansen, President and CEO for Palomar Health in the San Diego region. We are the largest public healthcare district in the state, entrusted to care for more than half a million residents.
- Diane Hansen
Person
Within our district boundaries, we operate two hospitals, local clinics, nursing homes, and a rehabilitation institute. We fill a critical safety net role in the communities we serve, caring for all people, including the uninsured, low income patients, and other marginalized groups.
- Diane Hansen
Person
Palomar Health must oppose SB 525 because it would jeopardize our ability to ensure we can continue to deliver the care that our community desperately needs. I am deeply concerned this bill will increase healthcare costs, reduce access to medical services, and diminish healthcare employment opportunities.
- Diane Hansen
Person
In the aftermath of the Covid-19 pandemic, hospitals are hurting. Under state direction, we canceled all elective surgeries and suspended many outpatient services to create additional space for an expected increase in Covid-19 patients.
- Diane Hansen
Person
The impact of this was a 60% reduction in patient volume and revenue. Sadly, we even had to furlough employees. If Palomar health were subject to the top down wage increase in SB 525, it would be a financial hit of $60 to $80 million annually, further threatening our viability.
- Diane Hansen
Person
In order to keep the doors open, we would have no choice but to reduce services and even shut down programs, which would not only hurt patients, but also our valued workforce. SB 525 puts lives at risk. I respectfully urge you to vote no.
- Dave Cortese
Legislator
Thank you. Next witness, please.
- Carol Picard
Person
Good morning, honorable chair and members. My name is Carol Picard, and I have spent the last 31 years serving older Americans. I am the Director of operations for ACC Senior Services, which was originally founded in 1972 as the Japanese Community center of Sacramento Valley.
- Carol Picard
Person
The seeds of ACC were planted by two young Asian activists in the late 60s who were empowered by the Civil Rights Movement of 1964, emboldened by the Vietnam War protests, and deeply concerned about the welfare of Asians, specifically nonenglish speaking immigrants.
- Carol Picard
Person
Today, we have 300 employees and 500 very dedicated volunteers. We have the Meals on Wheels program for Sacramento.
- Carol Picard
Person
We have a community center with dozens of weekly classes, senior transportation, escort programs, senior employment placement, and three senior living communities, one of which is a skilled nursing facility whose goal was and continues to be, to serve primarily those on Medical.
- Carol Picard
Person
While I feel the intent of SB 525 is quite honorable, I'm here to voice opposition because it focuses solely on wages.
- Carol Picard
Person
ACC senior services offers medical, dental, vision. We pay more so that our employees can have premiums that are affordable. We have a 403 B PTO tuition reimbursement and longevity bonuses.
- Carol Picard
Person
While healthcare workers absolutely deserve to be fairly compensated, this bill does not provide the necessary reimbursement that we would need to do it. I encourage you to continue to evaluate ways whereby we can honor the caregivers in California and provide them better wages. But this bill is not the answer.
- Carol Picard
Person
Those of us who are nonprofits and who strive to serve the underserved can face some tough decisions. Do we cut back on employees? Do we cut back on benefits? Do we cut back on Medicare and Medical residents?
- Carol Picard
Person
Or do we just simply close our doors because we won't be financially viable anymore? Therefore, on behalf of ACC Senior Services, we respectfully request your no vote.
- Dave Cortese
Legislator
All right. Thank you. I understand there's one more opposition lead witness, or did I misunderstand that? I think the first witness said there will be three. If not, we will proceed with opposition in the room that is not lead witnesses. You saw how this went before. And I know some of you are familiar, right? Name, affiliation? And if you're opposed, say opposed.
- Ronnie Rodigo
Person
Okay. Good morning, chair members of the committee. Ronnie Rodigo, on behalf of the California Hospital Association, in respectful opposition to the bill. Thank you.
- Dave Cortese
Legislator
Thank you.
- Sarah Bridge
Person
Thank you. Chair and members. Sarah Bridge, on behalf of the Association of California Healthcare Districts, here with respectful opposition.
- Dave Cortese
Legislator
Thank you.
- Connie Delgado
Person
Good morning, Mr. Chair and members. Connie Delgado, on behalf of the District Hospital Leadership Forum, in opposition.
- Dave Cortese
Legislator
Thank you.
- Darby Kernan
Person
Good morning, Mr. Chair and members. Darby Kernan, on behalf of Leading Age California, in respectful opposition.
- Dave Cortese
Legislator
Thank you.
- Colin Hawling
Person
Good morning, Chair and members. Colin Hawling, behalf of Health Center Partners of Southern California, regretfully, in opposition, unless amended. Thank you very much.
- Dave Cortese
Legislator
Thank you.
- Jim Thering
Person
Good morning. Chair and members. Jim Thering, CEO, Mission Community Hospital, respectfully opposed this message. Thank you.
- Dave Cortese
Legislator
Thank you.
- Ryan Allain
Person
Hello. Ryan Elaine with the California Retailers Association and respectful opposition. Thank you.
- Dave Cortese
Legislator
Thank you.
- David Krieger
Person
Morning, Chair and members. David Krieger for United Hospital Association. Respectful opposition. Thank you.
- Dave Cortese
Legislator
Thank you.
- Timothy Madden
Person
Good morning. Chair and members. Tim Madden, representing the California Chapter of the American College of Cardiology, the California Society of Plastic Surgeons, the California Rheumatology Alliance and Grossmont Healthcare District, in respectful opposition.
- Dave Cortese
Legislator
Thank you.
- Stuart Waldman
Person
Stuart Waldman with the Valley Industry and Commerce Association VICA, respectfully, in opposition.
- Dave Cortese
Legislator
Thank you.
- Sarah Dekette
Person
Sarah Dekette, on behalf of the Rural County Representatives of California, in respectful opposition.
- Dave Cortese
Legislator
Thank you.
- Dennis Cuellos-Romero
Person
Morning, Mr. Chair and members. Dennis Cuellos-Romero, representing the California Health Plus Advocates, the Community Health Centers in the State of California. In opposed unless amended position. Thank you.
- Dave Cortese
Legislator
Thank you.
- Rand Martin
Person
Mr. Chair and members. Rand Martin. On behalf of Aveanna Healthcare, which provides private duty nursing to children with complex medical conditions in the home, in respectful opposition, thank you.
- Dave Cortese
Legislator
Thank you.
- Kristian Foy
Person
Christy Foy. On behalf of the California Dialysis Council, in opposition, thank you.
- Dave Cortese
Legislator
Thank you.
- Jennifer Snyder
Person
Good morning. Jennifer Snyder. On behalf of the California Association of Health Facilities, respectfully. In an opposed, unless amended position.
- Dave Cortese
Legislator
Thank you.
- Kelly Brooks-Lindsey
Person
Kelly Brooks. On behalf of the Urban counties of California and the California State Association of Counties, in respectful opposition.
- Dave Cortese
Legislator
Thank you.
- Megan Allred
Person
Megan Allred. On behalf of San Antonio Health, in opposition.
- Dave Cortese
Legislator
Thank you.
- Settle Short
Person
Ms. Settle short. On behalf of the Alliance of Catholic Health Care and Peach, the community safety net hospitals, in opposition.
- Dave Cortese
Legislator
Thank you.
- Ashley Hoffman
Person
Good morning. Ashley Hoffman. On behalf of the California Chamber of Commerce, in opposition. As a job killer. Thank you.
- Dave Cortese
Legislator
Thank you.
- Justin Fanslau
Person
Good morning, Mr. Chair. Justin Fanslau. On behalf of Davida. In the respectful opposition, thank you.
- Dave Cortese
Legislator
Thank you.
- Peter Kellison
Person
Good morning, Mr. Chair and members. Peter Kellison. On behalf of the following organizations and oppose California Association for Health Services at Home, California Assisted Living Association and U.S. Renal Care
- Dave Cortese
Legislator
Thank you.
- Jason Schmelter
Person
Thank you Mr. Chair and members, Jason Schmelter. On behalf of the Boards of Supervisors of Kern and Fresno counties, in opposition, Thank you.
- Dave Cortese
Legislator
Thank you. All right, it appears that that concludes the in person testimony in opposition. We're now going to our teleconference line. Last, a moderator to queue up individuals who are either in opposition or support on this bill.
- Dave Cortese
Legislator
Again, this is Senate Bill 525, and anyone who's been listening understands the way you do this is name, affiliation and say opposed or support, so we know. Thank you.
- Committee Secretary
Person
Thank you, Mr. Chair. For those who wish to speak in support or opposition of SB 525, please press one, then zero. As a reminder, if you press one, then zero a second time, this will remove you from the comments queue. We are now going to go to line 96. Line 96, your line is now open.
- Amaya N/A
Person
Hi, I'm Amaya, and I am in support of the bill.
- Committee Secretary
Person
Now go on to line 34. Line 34, your line is now open. We're now going to move on to line 18. Your line is now open.
- Dave Cortese
Legislator
Thank you.
- Alex Graves
Person
Good morning. Alex Graves of the Association of Independent California Colleges and Universities, including several that operate health facilities in the state, and respectful opposition.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 74, your line is now open.
- Kimberly Stone
Person
Thank you. Kim Stone, Stone Advocacy on behalf of the California Orthopedic Association and respectful opposition.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 16, your line is now open.
- Steve Stark
Person
My name is Steve Stark. I'm the CEO of Orchard Hospital in Gridley, California. If this bill passes, it will directly close our hospital, which is why I stand in opposition and urging.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 25, your line is now open.
- David Butler
Person
Mr. Chair and members, Dave Butler, on behalf of UCAN, the United Chamber Advocacy Network, a coalition of 10 local chambers of commerce in four Northern California counties in opposition.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 148, your line is now open. Line 148.
- Unidentified Speaker
Person
No.
- Committee Secretary
Person
Line 111, your line is now open.
- Juan Carlos
Person
Hello, my name is Juan Carlos. I am an organizer. I'm a coalition member of caregiving. Strong support of the bill.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 41, your line is now open.
- Sandra Poole
Person
Good morning. This is Sandra Poole, Western Center on Law and Poverty in support.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 136, your line is now open.
- David Gonzalez
Person
Thank you, Mr. Chair Members. David Gonzalez. On behalf of America's Physician Groups respectfully opposed.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 134, your line is now open.
- Brittany Keepers
Person
Hi, I'm Brittany Keepers, an RN, part of DNA, and I oppose.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 19, your line is now open.
- Sylvia DeRoy
Person
Hello, this is Sylvia DeRoy, senior citizen, and I am in great support of this bill on behalf of myself and all of the senior citizens who will be profoundly affected by passing this bill. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 113, your line is now open.
- Naomi N/A
Person
Hello, my name is Naomi, and I'm a 17-year-old from California, and I want to support SB 525. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 168, your line is now open.
- Matt Brought
Person
Mr. Chair and members, Matt Brought, on behalf of the California Teamsters and Engineers and Scientists of California and strong support. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 129, your line is now open.
- Ida Dharnidharka
Person
Ida Dharnidharka, on behalf of the California Partnership for Health and the Central Valley Health Network, in opposed unless amended.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Ladies and gentlemen, once again, if you do wish to comment on SB 525 please press one, then zero at this time. We're now going to go on to line 169.
- Brandon Marchy
Person
Mr. Chair and Members of the Committee, Brandon Marchy with the California Medical Association, in opposition.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Mr. Chair. We have seen several people signal that they wish to speak. Just a moment, please.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
We'll move on now to line 171, your line is now open.
- Natalie Bell
Person
Natalie Bell with the California Business Roundtable, in respectable opposition.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
And we will now move on to line 162, your line is now open.
- Dowey N/A
Person
Hi, this is Dowey from Valley Justice and the UU Justice Ministry of California. I'd like to support this. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
We'll now move on to line 173.
- Dean Germano
Person
This is Dean Germano. I'm representing the Health Alliance of Northern California. We're in respectful opposition. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 34, your line is now open.
- Jennifer Bullard
Person
Hi, Jennifer Bullard with the Orange County Business Council, in respectful opposition.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 142, your line is now open. Line 142, your line is open.
- Lily Dorn
Person
Hi there, this is Lily Dorn. Community Clinic Association of Los Angeles County respectfully opposing unless the bill is amended. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Mr. Chair, there is no one else who signaled that they wish to speak.
- Dave Cortese
Legislator
Okay. Thank you. Moderator, great job. We're going to come back to the committee. Do any of our members have questions or comments at this time? Senator Laird.
- John Laird
Legislator
Yes. For a second there, I thought I was the only person here besides the Chair. I have maybe a comment and a question of the author, and I support the general direction of this bill. My question has to do with rural hospitals, and the one constituent I identified that testified was from Watsonville Hospital, and last year it declared bankruptcy.
- John Laird
Legislator
Everybody here voted for my bill that I got through in 19 days to establish a public hospital district.
- John Laird
Legislator
The bid was accepted by the bankruptcy court after five days, and we spent six months raising $65 million to keep that hospital in business. And it is in business now in public ownership.
- John Laird
Legislator
And the irony is that I surveyed all the hospitals or the major ones in my district, and there's this real split between wealthy areas on the coast and disadvantaged communities away from the coast, and the ones on the coast almost substantially pay their workers $25 an hour.
- John Laird
Legislator
Now, this Bill would not be much of a difference to them. In my home hospital last year when this was proposed, the CEO said to me that, she said, we have no business paying less than that. If this went into effect, it would not have a substantial change to the hospital.
- John Laird
Legislator
And I think that's true in Monterey. However, in the hospital in Hollister is going under. It is going month to month, and there's a chance it's bankrupt.
- John Laird
Legislator
And one of the hospitals that opposes this bill is in King City, and there are others that are in disadvantaged communities inland. And their problem is they don't have a good mix of patients. They have many more public patients than through private providers.
- John Laird
Legislator
And while on the coast, this would not be a hit to hospitals, and they could live through it. The other one's on the edge of bankruptcy, and this would be a hit that they do not get revenue to compensate for.
- John Laird
Legislator
And I know this is a concern around the state, with the Madeira hospital closing and up to 30 hospitals being on the edge of bankruptcy. Is there a way you can address that in this bill?
- John Laird
Legislator
In a way that, because it's tough, we do cookie cutter bills, meaning it applies to the whole state, and there are some hospitals that survive this fine, and there are others. This would be a hit, too.
- John Laird
Legislator
Is there a way that you have considered trying to address that in this bill in a way that it doesn't whack those hospitals that are in bankruptcy or on the edge.
- María Elena Durazo
Legislator
Thank you. Thank you for the comment and for the question. I think that many of our health care systems or hospitals should hire you to come in and help do an analysis and address these issues. I don't see the fix as being so simple. I don't think it's one single issue or another single issue.
- María Elena Durazo
Legislator
Even if you take the issue of reimbursement rates, the Madeira hospital, actually, they had a higher private sector cases and patients.
- María Elena Durazo
Legislator
So it wasn't that they didn't have enough on the private, and yet they went under. So I think that it's much more complicated. It's not one single issue that's going to address this.
- María Elena Durazo
Legislator
Having a shortage of staff is a critical issue that is being talked about, but it's part of the solution here. We have to have more staff and we have to have more staff that gets paid the right way.
- María Elena Durazo
Legislator
Last year, in our last budget, we added $1.0 billion in total for healthcare workforce development. That's a major investment by the State of California on the issue of the shortage, to be able to do the training and recruit.
- María Elena Durazo
Legislator
So there's the issue of the shortage. There's the issue that there are some hospitals or healthcare systems that do need financial assistance, but I don't think it's just financial assistance.
- María Elena Durazo
Legislator
I think it's the whole comprehensive approach as to what's going to help them be able to move forward. We also have many hospitals and healthcare systems that are doing well. They're doing well, and it's not just on the coast of the state, but they are doing well.
- María Elena Durazo
Legislator
So I don't see this as a cookie cutter to fix the entire healthcare system in California. I see it as a way of addressing a significant issue.
- María Elena Durazo
Legislator
We have to care about the workers in the workforce, in these hospitals, in these clinics, and in our healthcare system. And right now, you saw them one after another after another, the work that they do, the commitment that they have, and they're living in poverty, many of them.
- María Elena Durazo
Legislator
That's just not fair. So I don't pretend to fix the whole healthcare system, all of the issues, but I do think that this is a critical issue that must be addressed.
- María Elena Durazo
Legislator
I would be more than willing to put energy, my time, into other issues. I think that if there are hospitals that need that kind of assistance, the way that you jumped in to do the hospital in your area, let's do it hospital by hospital.
- María Elena Durazo
Legislator
But I don't think, on the other hand, we should just somehow give assistance to every hospital, regardless of whether or not they need it, this bill is not intend to fix everything in the hospital, in the healthcare system.
- María Elena Durazo
Legislator
We do attempt to fix a critical issue, which is the people that work in the healthcare system and how they should be treated.
- John Laird
Legislator
Well, let me comment, because I agree with your statement about the workers, and I don't interpret your bill to fix the entire system.
- John Laird
Legislator
I just think there are certain parts of the system that might have a real problem with this, and some kind of solution needs to go hand in hand with the bill, that the bill can't stand totally alone to do that. And that is the tough thing here.
- John Laird
Legislator
I know that we have colleagues that have introduced both budget things and maybe even legislation.
- John Laird
Legislator
I haven't seen it, to try to address the hospitals that are going under. And I agree, some of the ones that I refer to as being on the coast in my district, they do not need the help if this bills happen. But some of them that are there that serve disadvantaged communities do.
- John Laird
Legislator
And so the question is, is there a way to differentiate and do something hand in hand with this? And I intend to move the bill along. I am just hoping that there's an attempt to address this issue along the way, because it is just very difficult.
- John Laird
Legislator
The voters have to agree next year for me to move into Hollister. But I have been talking to them, and you are right, because they are not transparent the way that Watsonville hospital was. They don't have the community backing and support because they've done that the way Watsonville did.
- John Laird
Legislator
And Watsonville was run by a hedge fund and the public bought it out, and they'd been, I don't want to have to hire an attorney. They were not doing a good job.
- John Laird
Legislator
And so they had to renegotiate for the first time some of the contracts with the providers to get adequate reimbursements to be sustainable.
- John Laird
Legislator
I don't know that that is doable with some of the others, but I just was hoping you'd have a commitment to look at that after this hearing and maybe even work with our colleagues that are trying to rescue distressed hospitals to see if there's a way to do it hand in hand, because I think that's going to have to be addressed if this bill moves forward.
- María Elena Durazo
Legislator
Sure. And I also know that Senator Caballero has had a series of forums and informational meetings, bringing in various entities and stakeholders. And so I've been participating, me and my staff have been participating in that because we want our healthcare system to be healthy.
- María Elena Durazo
Legislator
We want our healthcare system to prosper but we want to prosper for everyone, for the patients, as well as for the working people and for the executives.
- María Elena Durazo
Legislator
So I commit to doing whatever I can, and I know that if there's something that makes sense to insert in this bill, we certainly will. But the focus for this particular bill, obviously, is the standard of living for those working men and women.
- John Laird
Legislator
And I get that. That's one of the reasons I'm going to be voting for it. But I appreciate the commitment. The other issue I was going to ask about, I think your amendment took care of, and we can revisit that if it didn't.
- John Laird
Legislator
But the whole notion of everybody that passes through a hospital campus being subject to this seemed like an issue, and it seems like your amendment tightened that down.
- María Elena Durazo
Legislator
Yes, we tried with that amendment. Thank you.
- John Laird
Legislator
Okay. Thank you very much.
- Dave Cortese
Legislator
Senator Smallwood-Cuevas.
- Lola Smallwood-Cuevas
Legislator
I am so honored to be a co-author with you on this bill. And it was an education just to see the level of expertise and skill in our hospitals. And when workers do well, our communities do well.
- Lola Smallwood-Cuevas
Legislator
So, yes, it's about making sure that workers have a living wage, but we know when you have 400,000 plus workers go back home with a living wage, it means the community is going to be fundamentally uplifted.
- Lola Smallwood-Cuevas
Legislator
And the one healthcare worker who talked about both, who talked about being homeless and working in our county, we're trying to get folks, particularly folks who look like me, who are overrepresented, sleeping on the streets.
- Lola Smallwood-Cuevas
Legislator
And no matter where you are in my county, you cannot afford the rental cost if you are not earning a living wage. I am so honored to be a part of this important bill.
- Lola Smallwood-Cuevas
Legislator
And I want to say in a number of industries where we have raised standards for workers in terms of wages, in addition to making sure we are filling vacancies, we reduce the turnover, which saves costs, which help companies invest monies in other places to do the things that they need to do to keep their industries running.
- Lola Smallwood-Cuevas
Legislator
And so this is about strengthening the workforce. It's about making sure folks are not leaving the industry.
- Lola Smallwood-Cuevas
Legislator
And it's about reducing the turnover that saves the industry's money to do more of the work to make their businesses sustainable and in this case, providing care to our community. So I want to move to a vote.
- Lola Smallwood-Cuevas
Legislator
Mr. Chair, and thank you so much for your hard work and to all the workers who shared their experiences with us today.
- Dave Cortese
Legislator
Thank you. Senator Durazo. Just one thing I want to follow up on, which was probably more of a focus of the Chair and committee staff work. And so forth, which was concerns that registered nurses have coming into right up to the hearing today.
- Dave Cortese
Legislator
I really want to ask you this question for your thoughts or insights going forward, not only in your capacity as the state Senator here and the author of this bill, but because you've been at the bargaining table and understand the dynamics there.
- Dave Cortese
Legislator
And my sense is that part of the concern, I don't want to mischaracterize it, but is that as important as raising the floor is for most healthcare workers, that if we have a floor that's actually lower in some cases for our ends, that it may disadvantage them when they're at their own bargaining tables, when they're seeking classification studies and things like that or comparables.
- Dave Cortese
Legislator
We've wrestled with suggestions as to how to maybe deal with that, giving it the credibility of a legitimate concern. But any thoughts on your part going forward in terms of possibilities for dealing with that issue?
- María Elena Durazo
Legislator
Well, thank you, Mr. Chair, and I appreciate you raising the issue here. This is a minimum. This is the bottom wage. This is not the top. And in all my experience, negotiating side by side with workers in many industries, when you lift the bottom, then you lift the top. And that's always been my experience.
- María Elena Durazo
Legislator
We never meant for minimum wage to stop anybody from doing better. We never meant the minimum wage would be the most that you could make.
- María Elena Durazo
Legislator
It meant that those at the bottom had to have the minimal amount to be able to get to work, survive, raise their families, raise their kids, the minimal. And so that's always been my experience.
- María Elena Durazo
Legislator
I don't have an answer for that particular concern, but I've never seen when you lift the bottom that the top goes down. That's not been my experience. I haven't heard of particular examples of how that takes place. But in LA, the cost of housing has released a cost of housing.
- María Elena Durazo
Legislator
$25 is going to qualify workers for subsidized, very low income housing. Think about that. I don't know how, by lifting them up, it hurts anybody else. It allows them to circulate more money in the economy than what they now have available to them.
- María Elena Durazo
Legislator
So I don't have an answer to that other than in all my experiences when we have lifted the bottom, we have lifted everybody along that way. So, thank you for your question and comment.
- Dave Cortese
Legislator
And thank you for your response. I will say for my part, and I'm sure not to put words in your mouth as the author, but that we will continue to be open to those concerns and any constructive ways to deal with them.
- Dave Cortese
Legislator
With that, I think we've really covered everybody who's here in terms of an opportunity to comment. You have an opportunity to close now, Senator Durazo, and then we'll call for the roll call vote.
- María Elena Durazo
Legislator
First, I want to thank all of the extraordinary people who showed up today from all over the state to testify and took 10 seconds, but they probably took hours and hours to travel here, but they took 10 seconds.
- María Elena Durazo
Legislator
It was that important to them, being medical assistants, resident doctors, community health advocates, cooks, dental schedulers. These are very hardworking people who make our healthcare system what it is today, and we need them, and we need more of them.
- María Elena Durazo
Legislator
So that's the first thing I want to do, is to thank them. And I also want to thank everybody else, all the others who lead our healthcare system.
- María Elena Durazo
Legislator
We need to be working closer together on fixing where there is a fix that needs to be done, but also look at our healthcare system as a whole in a comprehensive way and not in pieces. So I thank everyone who came. I thank everyone who participated. I was listening closely, taking notes.
- María Elena Durazo
Legislator
I will continue to work hard to make this a bill that makes sense for California. I thank you, Mr. Chair, and the committee for all of the work that you've done, and I ask for your aye vote.
- Dave Cortese
Legislator
Thank you, Senator. And just before the roll call vote is called, I do want to thank all the witnesses on both sides, support and opposition, because they're really one of the most comprehensive representations I've seen in two plus years in this committee.
- Dave Cortese
Legislator
In terms of folks coming in from all over in really various sectors within this issue area to testify, I can assure you that we're all listening very carefully, including the committee staff, but the members as well.
- Dave Cortese
Legislator
So that is appreciated and appreciate you, Senator Durazo, wading into a leadership role into an area that I feel needs to be addressed as well. It sounds like that's the consensus of the Committee Members who have spoken today.
- Dave Cortese
Legislator
So thank you for your leadership, and we'll see how things continue to evolve on this. With that we'll ask the assistant call the role, please.
- María Elena Durazo
Legislator
Give a motion.
- Dave Cortese
Legislator
We do need a motion.
- María Elena Durazo
Legislator
I made the motion to move forward to a vote.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
File item number one, SB 525. The motion is do pass, but first amend and re refer to the Committee on Appropriations.
- Committee Secretary
Person
[Roll Call]
- Committee Secretary
Person
That bill is on call and currently has three aye votes.
- Dave Cortese
Legislator
All right, we'll keep the bill on call until everyone's had a chance to vote. Thank you, Senator Durazo. Yes. On the recommendation of a couple of people in this room, we're going to take a brief five minute, actually recess just to allow an orderly transition here.
- Dave Cortese
Legislator
There's a lot of people moving around, trying to get through the doors, trying to get in and out, so we'll resume in 5 minutes.
- Dave Cortese
Legislator
The five minute recess now and resume per the file order on the measures to be heard today. And so the next one will be item number two, SB 252. Author is Senator Gonzalez. This has to do with public retirement systems. Senator, welcome. And you can begin whenever you're ready.
- Lena Gonzalez
Legislator
Okay. Thank you, Mr. Chair and Members, I'm here today to present SB 252, which will provide the California Public Employees Retirement System and the California State Teachers Retirement System with a seven to 12 year time frame to thoughtfully divest their current $15 billion of combined fossil fuel holdings, holdings that are causing havoc in our communities with pollution. Code red for humanity, per the UN, and in some cases, holdings that include egregious labor and human rights violations.
- Lena Gonzalez
Legislator
Two of the most respected investment firms in the country, BlackRock and the Makita investment group, recently studied the impact of fossil fuel divestment on pension funds, and both firms independently concluded that funds have experienced no negative financial impacts from fossil fuel divestment and even found evidence of modest improvements in Fund returns. This is why over 1500 institutions, including our own UC and CSU systems, have also divested.
- Lena Gonzalez
Legislator
And even with the provision to add a seven to 12 year off ramp, the pension funds unfortunately remain opposed and continue to tout a net zero plan that will not be realized for the next almost three decades. And an unsuccessful strategy of engagement with companies notorious for greenwashing, transparency, at the least, is needed with our pension systems.
- Lena Gonzalez
Legislator
And in the Bill language, it also empowers both pension boards to refrain from implementing this Bill should they determine in good faith that it would impact their fiduciary responsibilities under the Constitution. So while relying on engagement may extract short term symbolic gestures, fossil fuel companies like ConocoPhillips, which just received approval to begin construction on the willow project that will siphon 180,000 barrels of oil a day out of the Alaskan wilderness, will continue their long term extractive practices.
- Lena Gonzalez
Legislator
I'll also note that CalPERS has $350,000,000 of state employee retirement money invested in ConocoPhillips, and Calsters has used the retirement funds of teachers to purchase nearly 250,000,000 of ConocoPhillips investments. Further, many of the over 100 fossil fuel companies the pension funds are currently invested in have more egregious have, in some cases, egregious labor and environmental records. For example, the Morgan Stanley Climate Index measures a company's long term financial relevant ESG ratings.
- Lena Gonzalez
Legislator
Exxon, of which CalPERS owns 1.2 billion in holdings, is strongly misaligned with the climate goals to cap temperature rise they are projected to go to 3.2 degrees, which they need to be under, of course, two degrees celsius within the next three decades. Chevron, of which Calsters owns 580,000,000, is notorious for its decades of pollution in Ecuador and for numerous violations of the Fair Labor Standards act towards its California employees.
- Lena Gonzalez
Legislator
Aramco, of which CalPERS invests $158,000,000, is owned by the Kingdom of Saudi Arabia, which is notorious for human rights violations and ranked 141st out of 149 countries of the World Economic Forum's gender equity rankings. As our constituents are facing sea level rise, record setting heat, endless drought, and our firefighters are actually fighting year round mega fires caused by climate change, we must ask the glaring question, why?
- Lena Gonzalez
Legislator
Why is California, the world's leader in climate action, continuing to maintain the status quo and a contradictory policy of finding climate change while simultaneously investing billions in its primary driver? This is why we're here today with over 100 stakeholders in labor and environment and many beneficiaries themselves testifying today and support today. Excuse me. I have Dr. Claire Brown, Professor of economics, Samarita, and Director of the Center for Work, Technology and Society at the University of California, Berkeley.
- Lena Gonzalez
Legislator
And I also have Ron Rapp with the California Faculty Association, representing a broad coalition of labor supporters. Mr. Chair, I thank you, and I respectfully ask for an aye vote on SB 252.
- Dave Cortese
Legislator
Okay, thank you, Senator. And we will move to the lead support witnesses, starting with Dr. Claire Brown. Just a reminder, the way we divided this up, if you weren't here earlier, is when you have one or two lead witnesses. It'll be a maximum of three minutes each, and that was to accommodate larger groups that we had on another Bill. So please proceed when you're ready. Thank you.
- Claire Brown
Person
Thank you. Good morning, Senate Labor Committee. I'm Claire Brown, a labor and climate economist. As a Professor of economics at UC Berkeley, I want to explain why CalPERS and Kalisters must divest to fulfill their fiduciary duty. I'll address three main points. Point 1 is fossil fuel assets are a bad investment. CalPERS and Calster's corporate bonds finance fossil fuel expansion. Yet the International Energy Agency has made clear that no investment in expanding reserves is a good investment.
- Claire Brown
Person
Oil, gas and coal companies already have fossil fuel reserves that will become stranded assets. Assets can become stranded very quickly. CalPERS, 385,000,000. And CalPERS, $323,000,000 in Russian fossil fuel stocks now have a value of zero, thanks to the US government sanctions. Point number two, divestment removes risk from the portfolio and does not reduce returns. Studies show that excluding fossil fuels from a portfolio does not harm returns. The MSCI World Index that excludes fossil fuel companies has outperformed its standard index over the past 13 years.
- Claire Brown
Person
A study showed that if CalPERS and counselors had divested in 2000 and 910 years later, their portfolios would have earned even higher returns by $17.4 billion. SB 252 affects only a small group of fossil fuel companies and less than 2% of the public pension's portfolio by market value. Removing this small group does not reduce diversification and does not constrain growth of the portfolio's value.
- Claire Brown
Person
Yet this small group of fossil fuel companies represents most of the financed emissions in the portfolio, and they're a threat both to the pension's financial risk and to their net zero goals. Point number three, CalPERS and Kaustra's shareholder engagement has been ineffective. Big Oil is even backtracking on their previous climate pledges. Engagement primarily means voting on climate resolutions for directors or in the annual meetings, and CalPERS and calsters often vote no against climate resolutions.
- Claire Brown
Person
Overall, 252 fulfills fiduciary beauty because divestment reduces financial risk and decarbonizes the portfolio and reduces the financial support of fossil fuels. So please vote yes on SB 252.
- Dave Cortese
Legislator
Okay. Thank you very much. I appreciate you trying to hit that three minute target, and we'll ask the next witness to do the same thing. Mr. Rapp, good morning.
- Ron Rapp
Person
Chair Cortese and Members Ron Rapp. I'm the Legislative Director for the California Faculty Association. CFA is a proud co sponsor of SB 252 and would like to thank Senator Gonzalez for her leadership on this issue. The California Faculty Association, if you don't know, represents over 29,000 faculty, including tenure track professors, lecturer, faculties, librarians, counselors and coaches on all 23 CSU campuses. The CFA's work on fossil fuel divestment spans several years and grew out of a resolution passed at our statewide Assembly.
- Ron Rapp
Person
The majority of CFA's 23 locals have called for divestment, including San Diego, Los Angeles, Bakersfield, Fresno, San Francisco, Stanislaws, Humble and more. In addition, SB 252 is supported by several statewide unions, including AFSME, the California Nurses Association, the California Federation of Teachers and a number of other unions representing nearly a half a million Members in the public pension system. So SB 252 is a Bill that the CFA is passionate about for many reasons. One, climate change is real.
- Ron Rapp
Person
It's already causing severe drought, heat waves, increased wildfires and rising sea levels. Two, the production of fossil fuels and the effects of climate change resulting from their use disproportionately impacts Low income communities and communities of color because their manufacturing plants are located in these communities. I grew up in one of these communities, by the way. The State of California has passed a number of pieces of legislation and issued several Executive orders, orders related to climate change. In this policy area, we are considered a national leader.
- Ron Rapp
Person
Yet our public pension systems continue to invest nearly $15 billion in fossil fuel companies, which is contrary to our efforts to curtail the severe impact of climate change on our environment and our economy. Although the public pension systems say they're working towards divestment in the fossil fuel industry, our Members believe, and hundreds of thousands of Members of the public pension systems believe, that little has been done to address the issue.
- Ron Rapp
Person
The Members of the California Faculty Association believe it is time to end our investments in these corporations. They no longer want their retirement dollars invested in the very companies that are contributing to climate change. A key priority of CFA's mission is to ensure a secure financial future for our retirees. We are confident that divestment is financially prudent. A number of studies back this up.
- Ron Rapp
Person
We're proud to be working in an expansive coalition to pass SB 252 with over 130 labor, climate, justice, youth, environmental and health groups on this important issue. It is for these reasons that we respectfully request your. I vote thank you.
- Dave Cortese
Legislator
Okay. Thank you. That would conclude the lead support witnesses. We're going to stay on the support side of things for a moment here and ask if there's anyone in the room who wishes to step up and express a support position. If you do, this is the time to start lining up. Pay attention to the sergeants here. They will help keep order. You obviously can't have everyone line up at once, but we do appreciate a single file line that's moving forward. Now, this is the opportunity.
- Dave Cortese
Legislator
If you listen to the prior hearing, they did a great job where you get to say your name, affiliation and in this case, support. And that'll be the same for the opposition later when we get there, so please proceed. Thank you.
- Melanie Morelos
Person
Melanie Morelos with the Greenlining Institute in support.
- Janice O'Malley
Person
Good morning. Janice O'Malley with the American Federation of State County Municipal Employees in support.
- Tristan Brown
Person
Good morning. Tristan Brown, CFT, union of Educators and Classified Professionals, in support.
- Austin Webster
Person
Chair Members Austin Webster with w strategies on behalf of the Faculty Association of California Community Colleges, in support.
- Melissa Romero
Person
Melissa Romero with California environmental voters in strong support.
- Miguel Alatorre
Person
Miguel Alatorre, fossil free California, in strong support.
- Mike Erenas
Person
Mike Erenas, the people for clean air and water from Kettleman City in strong support.
- Martha Turner
Person
Martha Turner, CalPERS recipient, strong support.
- Sandy Emerson
Person
Sandy Emerson, fossil free California, support.
- Megan Shumway
Person
Megan Shumway, PERS recipient in strong support.
- Glenn Fieldman
Person
Glenn Fieldman, CalPERS Member, Fossil Free California Member, very strongly support. Thank you.
- Dave Cortese
Legislator
Thank you.
- Sheila Thorne
Person
Sheila Thorne, CalPERS Member, retired CFA, strong support.
- Pat Ferriss
Person
Pat Ferriss, third act, strong support.
- Diana Cassidy
Person
Diana Cassidy, third act, Sacramento, strong support. Thank you.
- Margaret McNulty
Person
Margaret Piper Mcnulty, Faculty Association, Community Colleges of California, strong support. Thank you.
- Miriam Ide
Person
Miriam Ide, fossil free California, strong support. Thank you.
- Leslie Ferguson
Person
Leslie Ferguson, California Peg, professional engineers of California government and a CalPERS Member, strong support. Thank you.
- Julian Cluster
Person
Julian Cluster, youth versus apocalypse, strong support. Thank you.
- Greg Cluster
Person
Greg Cluster, CalSTRS Member and longtime CTA Member, strong support. Thank you.
- Christina Scaringe
Person
Good morning. Christina Scaringe with the Center for Biological Diversity in strong support. Thank you.
- Reena Myers-Dollcamp
Person
Reena Myers-Dollcamp with earth guardians in strong support.
- Dave Cortese
Legislator
Thank you.
- Magdalena Myers-Dollcamp
Person
Magdalena Myers-Dollcamp. She/her pronouns, almost 15 years old. Strong support.
- Dave Cortese
Legislator
Thank you.
- Marie Rivera
Person
Marie Elena Rivera. I'm 20 and I am for youth vs. apocalypse in strong support. Thank you.
- Dave Cortese
Legislator
Thank you.
- Hondo Unknown
Person
I'm Hondo, 13 years old, living in Oakland. 8th grade, Member of Warriors for justice. I support.
- Dave Cortese
Legislator
Thank you.
- Amara Unknown
Person
My name is Amara. I'm 13 years old. I'm an OUSD student and my family does organizing with homeless empowerment. Strong support.
- Dave Cortese
Legislator
Thank you.
- Dana Ignacio
Person
Dana Ignacio, 14 years old with youth versus apocalypse. Strong support.
- Dave Cortese
Legislator
Thank you.
- Brian Unknown
Person
Good morning. My name is Brian. I go to Urban Promise Academy. I'm 14 years old and I strongly support.
- Dave Cortese
Legislator
Thank you.
- Corey Zhang
Person
Good morning. My name is Corey Zhang. I teach 8th grade ethnic studies in Oakland. I'm a CalPERS recipient and I urge you to support.
- Kyler Joaquin
Person
Good morning, Members. Kyler Joaquin here this morning on behalf of the city and County of San Francisco in support. Thank you very much.
- Dave Cortese
Legislator
Thank you. All right, that concludes those who are in the Committee room who wish to express a support position in person. We will now go to lead opposition. Lead opposition. Witnesses can come forward again if you have 23. All right, so it'll be two minutes each for a total of six. And you may identify yourself and proceed.
- Joycelyn Martinez-Wade
Person
Thank you. Good morning, Mr. Chair and Members of the Committee. Joycelyn Martinez Wade with the California State Teachers Retirement System. The board's policy is to oppose legislation that infringes on its constitutional fiduciary duty and investment authority in order to secure the financial future of California's teachers and other educators and invest the trust funds for the exclusive benefits of the trust's beneficiaries.
- Joycelyn Martinez-Wade
Person
Calstras believes climate change is a major threat to all business sectors, and we must prepare a portfolio for the global transition to a net zero economy in order to minimize risk to the portfolio. We are not waiting. We are proactively taking steps now to reduce emissions across the portfolio in both the short and long term. We are investing billions of dollars in Low carbon solutions.
- Joycelyn Martinez-Wade
Person
We are participating in solving for the lack of robust and comprehensive carbon emissions data needed to manage climate change risks in our portfolio. SB 252 moves calusters away from the frontline efforts to manage risk and changes of focus to divestment, which ignores Kauster's exposure to the broader economy and undermines efforts to reduce emissions and transition to a Low carbon world. The risks associated with climate change cannot simply be divested away. We have to do the work across the portfolio.
- Joycelyn Martinez-Wade
Person
There's no way to know for certain whether the portfolio will do better or worse with divestment of a certain sector. What we do know is that divestment reduces diversification of assets and limits Kauster's ability to shape corporate behavior for long term sustainable growth, which adds risk to the portfolio. And past experience has shown divestment is not effective and can result in long term losses to the Fund. For these reasons, we must respectfully oppose SB 252. Thank you.
- Dave Cortese
Legislator
Okay. Thank you for being here. Next witness, please.
- Danny Brown
Person
Good morning, Mr. Chair. Committee Members Danny Brown on behalf of the CalPERS Board of Administration. CalPERS recognizes that climate change poses a material risk to society, the global economy, and CalPERS investments. And CalPERS has a strong commitment to the reduction of fossil fuel emissions. However, as a global investor with fiduciary duty to our Members and our employer partners, CalPERS does not believe that divestment is an effective solution to this problem. It won't change the demand for fossil fuels or reduce greenhouse gas emissions.
- Danny Brown
Person
Instead, our strategy is fourfold engagement, advocacy, integration and investment. Through active engagement with the companies in our portfolio, we can generate transitions to a Low carbon economy. We advocate for changes by joining some of the world's leading investors to create sustainable economies across the globe. We're integrating the risks from climate change across our portfolio to better inform our investment decision making. And we are putting our capital to use to meet our financial returns to help drive decarbonization by investing in Low carbon and climate solutions.
- Danny Brown
Person
More than 17 billion of the real estate portfolio is invested in assets that have sustainable certifications, and more than half of the infrastructure portfolio is invested in renewable energy, energy efficiency, infrastructure, sustainability certified and carbon neutral assets. Finally, our global public equity portfolio is a diversified and largely passive index Fund. Divestment is a form of active risk taking that creates volatility and generates a tracking error, which means a divestment action could generate a positive or negative return.
- Danny Brown
Person
Some would like you to believe that divestment from fossil fuels will only result in a positive return based on a historical snapshot, we also know that commodities are a hedge against inflation, so it's no surprise that energy stocks have outperformed the market over the last few years. No one can predict the future, and that is one reason why CalPERS has a passive, diversified public equity portfolio rather than try to time the market.
- Danny Brown
Person
We appreciate what the author is trying to accomplish here, but the CalPERS Board of Administration, respectively, asked for a no vote.
- Dave Cortese
Legislator
Okay, thank you. Next witness.
- Megan Subers
Person
Thank you, Mr. Chair and Members. Meagan Subers, on behalf of the California Professional Firefighters representing 34,000 firefighters and emergency medical services professionals in California, in respectful opposition to SB 252, many of our Members, as you know, are CalPERS Members and rely on the system for a secure retirement as context. CPF has opposed divestment measures across various types of asset classes because these measures do not align with the fiduciary duty of the retirement system.
- Megan Subers
Person
Similarly, we're concerned that SB 252 will drive divestment at CalPERS in a manner that is inconsistent with the fiduciary responsibility of the system and the interest of our Members. Public employees dedicate their careers to State service, in many cases earning less than their counterparts in the private sector, with the promise of a secure pension waiting for them in retirement.
- Megan Subers
Person
It is the duty and responsibility of CalPERS and other public pension funds to ensure that the retirement system is funded because of the physical and emotional impact of the job. Firefighters cannot simply decide to work longer or go back to work post retirement if the Fund suffers as a result of a strict divestment policy set by the Legislature. CalPERS maintains a robust divestment strategy that empowers the system as a shareholder to utilize constructive engagement where consistent with its fiduciary responsibility.
- Megan Subers
Person
And we believe the current system in place at CalPERS appropriately balances their fiduciary responsibility to our Members. And for those reasons, we are opposed today. Thank you.
- Dave Cortese
Legislator
Okay. Thank you for being here. Is there anyone in person who wishes to express an opposed position here in the room? If so, please step forward. Identify yourself, your affiliation and your opposed position. Thank you.
- Cassandra Mancini
Person
Thank you, Mr. Chair and Members, Cassie Mancini, on behalf of the California School Employees Association, respectfully opposed, unless amended. I'm grateful for our continued conversations with the governor's office.
- Dave Cortese
Legislator
Thank you.
- Johnnie Pina
Person
Morning.
- Dave Cortese
Legislator
Just name, affiliation and position.
- Johnnie Pina
Person
Johnny Pena, with the League of California Cities, in respectful opposition. Thank you.
- Paul Deiro
Person
Mr. Chair and Members. Paul Diero, representing the Western State Patrol Association, in opposition. Thank you.
- Carlos Machado
Person
Good morning. Carlos Machado with California School Boards Association, expressing our opposition. I'm also here on behalf of the Rural County Representatives of California and the California Special Districts Association. Thank you.
- Michael Monagan
Person
Mr. Chair. Members. Mike Monagan, on behalf of the California State Building and Construction Trades Council, in opposition.
- Dave Cortese
Legislator
Thank you. Anyone else in the room? All right. Let me just pause and say a universal good morning to everyone who's shown up, and especially those testifying. Some of you have been nice enough to say good morning to all of us, and I don't think I've been reciprocating, so I just want to be polite to everyone.
- Dave Cortese
Legislator
We are now going to move to the teleconference line, and this is where we have a maximum of 20 minutes for opposition and support combined. People who are calling in, they will have that same opportunity. Name, affiliation and support or opposed as the case may be. So moderator, if you can please queue up those witnesses, we'd appreciate it very much.
- Committee Secretary
Person
Thank you, Mr. Chair. For those who wish to comment in support or opposition to SB 252, please press one than zero. And as a reminder, please do not press one then zero a second time as this will remove you from the comments queue. We will now go to line 159. Your line is now open.
- Igor Tregub
Person
Good morning, chair and Members. This is Igor Tregub, chair of the Alameda County Democratic Party on behalf of the Alameda County Democratic Party, we are in strong support.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 174, your line is now open. Line 174.
- Catherine Tattersfield
Person
Catherine Tattersfield, Valley Justice Coalition, strong support.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 185, your line is now open.
- Francesca Wander
Person
Yes, thank you. My name is Francesca Wander, a voting constituent of Senator Angelique Ashby. I'm also a Member of SEIU and of CalPERS and a Member of California Indivisible state, strong, Indivisible Sacramento, indivisible Yolo and Indivisible San Francisco calling in strong support.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 93, your line is now open.
- Jennifer Tanner
Person
Yes. Hi, Jennifer Tanner. On behalf of all 80 groups of Indivisible California State Strong. We are in strong support of this Bill. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Lydia Ponce
Person
Hi, Lydia Ponce calling in from Venice. I am with Society of Native Nations, both in Texas and in California with the American Indian movement. We strongly support SB 252 and. Thank you. Have a great day.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 208 your line is now open.
- Cora Striker
Person
Good morning. This is Cora Striker for climate Action California strong support.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- John Bottorff
Person
This is John Bottorff, cleanearth4kids.org, strongly support SB 252.
- Committee Secretary
Person
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- Dave Cortese
Legislator
Thank you.
- Sakira Carter
Person
Sakira Carter, on behalf of Sierra Club California, in strong support.
- Dave Cortese
Legislator
Thank you, thank you.
- Committee Secretary
Person
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- Kathy Schaeffer
Person
Good morning. Kathy Schaeffer, on behalf of the San Fernando Valley and Los Angeles Climate Reality project and as a Cal Stirs Member, in strong support.
- Dave Cortese
Legislator
Thank you, thank you.
- Committee Secretary
Person
Line 215, your line is now open.
- Cindy Hernandez
Person
Hi, it's Cindy Hernandez. I'm an environmental assistance intern with parents, with kids, and I attend UCSD, and I'm in support of SB 252.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Line 216, your line is now open.
- Suzanne Hume
Person
Hello, this is Suzanne Hume CalPERS Member and educational Director and founder of cleanearthforkids.org, standing in strong support of SB 252. Our children need clean air to breathe and a livable future. We are standing in support. We represent children, teachers and families throughout California. Yes, on SB 252.
- Dave Cortese
Legislator
Thank you, thank you.
- Committee Secretary
Person
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- Deborah Sylvie
Person
Yes, I'm Deborah Sylvie, health beneficiary and Member of council three California, in strong support of SB 252. Thank you, thank you.
- Committee Secretary
Person
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- James Lindburg
Person
Good morning, chair and Members. Jim Lindbergh, on behalf of the Friends Committee on legislation of California in strong support.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Christine Schumacher
Person
Yes. Christine Kimball Schumacher from Woodland, California, a Member of fossil Free California for a very long time in strong support.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Jennifer Coney
Person
Hi. Jennifer Coney, CalPERS Member and representative of 350 Bay Area action, representing over 27,000 people. And we strongly support SB 252.
- Committee Secretary
Person
Thank you, line 189, your line is now open.
- Kelsey Craig
Person
Good morning. My name is Kelsey Craig. I'm a Member of the professional engineers from California government. Second, I'm a CalPERS Member and I strongly support. Thank you.
- Committee Secretary
Person
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- Catherine Webb
Person
Hi, my name is Catherine Webb. I'm with 350 Sacramento, and I am in strong support.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Pam Jerizzo
Person
Hi, Pam Jerizzo, a CalPERS retiree living in Walnut Creek, California. I'm a Member of Sustainable Rossmoor and Democrats of Rossmoor, and we urge you to vote aye on SB 252. Thank you, thank you.
- Committee Secretary
Person
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- Deborah Moore
Person
Hi, my name is Deborah Moore. I'm based in Berkeley, California. I'm representing third act national. We're a new organization. We have nearly 5000 Members in California, all of whom are over 60, many of whom are CalPERS and CalSTRS beneficiaries and we strongly support SD 252 and urge...
- Committee Secretary
Person
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- Carlos Davidson
Person
Good morning. I'm Carlos Davidson. I'm a CalPERS pensioner and a California faculty Association Member. I urge strong support. Thank you very much.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Deborah Garvey
Person
Good morning. This is Deborah Garvey, PhD, a former academic economist, Member of fossil Free California, indivisible San Jose, calling in strong support. Thank you, thank you.
- Committee Secretary
Person
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- Cheryl Auger
Person
Good morning. I'm Cheryl Auger, a CalPERS Member, President of banned single use plastics, and a Member of fossil Free California. And I strongly support SB 252. Thank you, thank you.
- Committee Secretary
Person
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- Rosanne Witt
Person
Good morning. My name is Rosanne Witt, calling from Thousand Oaks. I'm a volunteer with third act and a parent, and I'm urging you to vote yes on SB 252.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Leonard Sklar
Person
Good morning. My name is Leonard Sklar. I'm a CalPERS retiree and Professor Emeritus of earth and climate science at San Francisco State University and a Member of third act, and I respectfully urge you to support SB two, five, two, thank you, thank you.
- Committee Secretary
Person
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- Diana Curiel
Person
Good morning. My name is Diana Curiel. I'm a CalPERS beneficiary and a Member of fossil free California. I strongly support SB 252.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Jonathan Karpf
Person
Good morning. Chair Cortese. This is Jonathan Karpf from San Jose. I'm the CalPERS retirement specialist for the California Factory Association, and I urge strong support for Senate Bill 252. Thank you very much.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Deutsche Thompson
Person
Thank you. Good morning. My name is Deutsche Thompson. I'm from Tracy, California, and a Sierra club Member, and I am strongly support of this Bill. Thank you, thank you.
- Committee Secretary
Person
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- Joan Lohman
Person
Good morning. This is Joan Lohman from Oakland. I'm a CalPERS beneficiary and a Member of fossil free California. In strong support of 252.
- Dave Cortese
Legislator
Thank you, thank you.
- Committee Secretary
Person
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- Laurie Rubin
Person
Hi, my name is Laurie Rubin. I'm a CalPERS beneficiary and a Member of the third act educators. And I am in strong support of 252. Because there's notes...
- Committee Secretary
Person
Line 43, your line is now open. We're going to move on to line 197. Your line is now open.
- Cynthia Kaufman
Person
Good morning. Cynthia Kaufman, faculty at the Anza college, and I'm a CalSTRS Member and I'm strong support of SB 252, thank you.
- Committee Secretary
Person
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- Rebecca Shirley
Person
Good morning. My name is Rebecca Shirley, former teacher of 30 years, CalSTRS beneficiary and third act Member of the educators group. I urge strong support of 252.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Kristen Kessler
Person
Good morning. My name is Kristen Kessler. I'm a Member of CalSTRS. I live in Ventura, California, calling in strong support. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Aaron Walsh
Person
Good morning. My name is Aaron Walsh, calling from Hawthorne, California. I'm a Member of CalSTRS and Citizens climate lobby, and I'm in support of SB 252. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
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- Kathy Dervin
Person
Good morning. Chair Cortese and Members of the Committee. My name is Kathy Dervin. I'm a CalPERS beneficiary and a thoughtful, free California Member. And I urge your aye vote on SB 252, thank you.
- Committee Secretary
Person
Line 113, your line is now open. Line 113, your line is now open. Move on to line 55. Your line is now open.
- Francis Macias
Person
Hello, my name is Francis Macias, and I am a CalPERS Member and a proud Member of 350 Sacramento. I work for the California Office of Historic Preservation, and I am calling in strong support of SB 252.
- Dave Cortese
Legislator
Thank you, thank you.
- Committee Secretary
Person
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- Committee Moderator
Person
Line 195, your line is open.
- Margaret Chan
Person
Hello. This is Dr. Margaret Chan. I'm a Clinical Professor Emeritus at UCSF, and I represent the Bay Area Physicians for Social Responsibility and Climate Health Now. And I urge you to vote strongly for SB 252. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Jennifer Bean
Person
Thank you. My name is Jennifer Bean. I'm a longtime member of AFT 2121 at City College of San Francisco. I'm now retired and a recipient of CalSTRS living in Oakland. I'm a member of Osophy California, and I wholeheartedly support 252.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Jane Bosberg
Person
Hi, this is Jane Bosberg. I'm a Member of CTA NEA, retired. I'm a beneficiary for CalSTRS, and I'm also a member of Osophy California, and I urge strong support of SB 252.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Linda Hayward
Person
Good morning. I'm Linda Hayward, a concerned grandmother, recipient of CalSTRS, in strong support of 252.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Janine Black
Person
My name is Janine Black. I'm a CalSTRS member living in Lake Forest, and I support SB 252.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Judith Small
Person
Thank you. This is Judith Small. I'm a CalSTRS participant, a retired teacher, a member of Third Act Bay Area, and the grandmother of four little girls, in strong support.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Robin Dattel
Person
My name is Robin Dattel. I'm the Facilitator of the Climate Crisis Action Team of the Unitarian Universalist Church of Davis. We're strongly in favor of SB 252.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Robert Gould
Person
Hi, I'm Dr. Robert Gould. I'm President of San Francisco Bay Physicians for Social Responsibility, representing hundreds of health professionals in the Bay Area, in strong support of SB 252. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Lonnie Falter
Person
Thank you. My name is Lonnie Falter, and on behalf of Equity Transit and the Santa Cruz Democratic Central Committee, we urge strong support for 252.
- Committee Moderator
Person
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- Bill Bosberg
Person
Good morning. I'm Bill Bosberg from Santa Rosa, California. I'm a retired teacher and Sierra Club member. Call in support of 252.
- Dave Cortese
Legislator
Okay, thank you. We heard that as support.
- Bill Bosberg
Person
Yes.
- Committee Moderator
Person
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- Monet Pertillis
Person
Good morning. Monet Pertillis. I'm from California, and I'm a CalPERS beneficiary. And I'm strong support of SB 252.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Ethan Leshewski
Person
Morning, everybody. I'm Ethan Leshewski, a young CalPERS Member from Berkeley, and I strongly support SB 252.
- Dave Cortese
Legislator
Thank you,
- Committee Moderator
Person
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- Valerie Gizinski
Person
Good morning. My name is Valerie Gizinski from Arcata, California. I'm a retired State Parks and Caltrans Biologist and a member of CalPERS and a member of the Humboldt Unitarian Universalist Fellowship Climate Action Campaign, as well as Third Act, Humboldt. And I'm in strong support of measure 2--Senate Bill 252.
- Dave Cortese
Legislator
Thank you,
- Committee Moderator
Person
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- Mark Tavianini
Person
Hello. My name is Mark Tavianini. I am a Member of CalPERS and Third Act, and I strongly support 252. Thank you.
- Dave Cortese
Legislator
Thank you,
- Committee Moderator
Person
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- Gordon Clint
Person
My name is Gordon Clint, and I'm a member of ASBE Retirees and the Trellis Unitarian Universalist Climate Action Team. And I support 252.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Peter Guastella
Person
My name is Peter Guastella. I'm a member of Fossil Free California, and I'm calling in strong support of SB 252. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
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- Luke Wilson
Person
Yeah, I am Luke Wilson, a member of Sacramento Third Act, and I'm also both a CalSTRS and a CalPERS beneficiary, and I'm in strong support of 252. Thank you.
- Dave Cortese
Legislator
Thank you.
- Committee Moderator
Person
Mr. Chair, there is no one else who signaled that they wish to speak.
- Dave Cortese
Legislator
Okay. Thank you, Moderator, again for a great job. We are going to bring it back to the Committee. Before we go to Committee, questions and comments, just like housekeeping issue, and I do this so that the next set of witnesses and attendees are prepared. Other than one change, we will be taking measures and file order today. But the one change is that Senator Laird's Bill, which is SB 623, will be heard after the current hearing, the current Bill, and before SB 352 Padilla.
- Dave Cortese
Legislator
So if you're going to be involved with the Laird Bill, you want to start getting ready to come in after this SB 252. That'll still be a little bit longer, as we have some questions and closing to do. And with that, I do want to come back to the Committee. Maybe I could start off by just asking a couple of questions first and perhaps it'll be more efficient.
- Dave Cortese
Legislator
First of all, Senator Gonzalez, thank you for your leadership in pursuing what I think is primarily your objective and mine and many of ours, which is decarbonization and trying to get there as quickly as possible. Just a couple of areas of clarification, though, that, frankly, I think were even brought out in the hearing--which is a good thing--that are kind of at cross purposes or at odds.
- Dave Cortese
Legislator
And when I say these things, I'm going to cite what I thought I heard from both lead opposition and support witnesses. So don't take that personally if you're one of the persons who spoke. But on the lead support witness, Dr. Brown particularly really focused on whether or not these investments are good investments. I mean, she cited studies and so forth.
- Dave Cortese
Legislator
I'm not necessarily disputing that or those studies, but my question really revolves around if you then fast forward over to Meagan Subers representing firefighters who really focused in on the fiduciary duty and the concern that it isn't really the Legislature's or this Committee's purview to get into the quality of those investments. That's not only the fiduciary responsibility, but the constitutional responsibility of the funds themselves of those administrations.
- Dave Cortese
Legislator
So I guess where I'm coming from, if I can just zoom back a little bit as a fellow Legislator, as a colleague, you worry that something here is, in that kind of conflict, if you will, is going to make some of the investors, some of the beneficiaries of the pension funds, folks like the firefighters, pretty nervous because, and I want to acknowledge that there's a fiduciary responsibility off-ramp, if you will, in the Bill.
- Dave Cortese
Legislator
And I think the previous iteration of the Bill had that as well, which was a comfort to many of us. But when you hear folks talking about "this Legislature needs to act in part because the investment is not a good investment in the first place," I think it makes people nervous as to whether or not the pension funds are really going to be free to exercise their fiduciary responsibility and make the investment decisions without us hovering them or interfering with them.
- Dave Cortese
Legislator
How do you respond to that?
- Lena Gonzalez
Legislator
Thank you for the question, Mr. Chair. And I think first, I want to reiterate what you just mentioned as well, is that this does not take away their fiduciary responsibility. It is written in the constitution that if they see this as unfit in the next few years, should this Bill be passed, they can decide to delay. That's with seven years as a time horizon.
- Lena Gonzalez
Legislator
We also added additional five years if there should be an act of God or war, which actually, I thank you for adding last year when we brought this Bill forward. So that's essentially 12 years that they have to look at that. Now, we all know divestment policy has not been, this is not new. There's precedent. We have quite a few divestment policies that we've taken up: Iran; we've divested from firearms after Sandy Hook; thermal coal; we've divested from South Africa during apartheid.
- Lena Gonzalez
Legislator
I mean, there's a number of different investments that we've said in the public interest--per the constitution, not just because Lena decides that "I, you know, dislike oil." Of course, we want to make sure that the public interest is upheld. So I think that's all we're saying here, is that we know that there's a public interest to safeguard our climate. We know that many of these investments are not going to hit the goals that are set forward.
- Lena Gonzalez
Legislator
It's nice that CalPERS & STRS says that they're engaging, but how are they engaging? When are they engaging? With who? At what point do they determine that engagement is unsuccessful? We don't have any of that. At the least, we should have transparency for our beneficiaries who are making less than $3,000 a month. We don't even have that. So if anything, from this Bill, I hope that more transparency and data will come about so we can really get a full picture of what is happening.
- Lena Gonzalez
Legislator
And again, if CalPERS states and feels that this is not working, or again, act of God, you've got 12 years to decide whether to pivot.
- Dave Cortese
Legislator
I appreciate your response. Just to go to the next question or concern, and I'll stipulate that from my perspective, and as someone who has co-chaired Joint Legislative hearings that are mandated by statute, when we've probed about the expediency or the speed of divestment or the pace of it for some of us, and I'll say me included, I would share your concern that left on their own devices, they're perhaps not moving quickly enough.
- Dave Cortese
Legislator
But then what we hear--and I would just like you to respond to this--is that from putting aside fiduciary duty and investment analysis and everything else, that there's some question or some trouble understanding how that divestment, those sort of capital investments, if you will, for lack of a better way to put it, really have a nexus, a direct nexus to decarbonization. And so just to put it in a transportation person's mentality, and I know given your other roles, you would share this knowledge.
- Dave Cortese
Legislator
We're looking at tailpipe emissions being 60% of our problem out there right now. So just using that as an example, as we move forward, and I suspect we will be today, but how do we answer the question about nexus between directing this divestment and actually reducing something like tailpipe emissions in the State of California? I think a lot of people are struggling to see how does that actually create that impact--positive impact--and then how long is that going to take?
- Dave Cortese
Legislator
Do you have facts or information on that yet?
- Lena Gonzalez
Legislator
That's a great question. And I think first and foremost, we ask with this Bill that in February 1 of 2025 that we come forward with a report. It's just a static report, really, looking at the list of current holdings, and that will continue year after year. But I think to your point, that's exactly what we want to do. We don't want this for our divestment to happen. And then we're not actually decarbonizing like we said we were going to.
- Lena Gonzalez
Legislator
So I'm hoping that through this avenue that we are able to get some additional information that shows us that we are decarbonizing right now. Investing over almost $2 billion in Exxon. Exxon is, I think their implied temperature target is at 3.2 degrees right now. I don't know how we decarbonize. They're not even on goal, on track to hit 2050, net zero goals.
- Lena Gonzalez
Legislator
I've said this over and over again, 80% of these holdings that we have here from CalPERS and CalSTRS, which is very hard to find, by the way, most are going to have an implied temperature target at above and beyond three degrees, which is horrendous. So by pivoting, I think, to other investments, and again, I can't tell them what they need to invest in. They need to determine that. Or if they want to continue engaging in those companies that are doing well and actually showing.
- Lena Gonzalez
Legislator
If you look at their 10-Ks and they're actually investing in things that actually make sense, I'm all for that. But for now, we're not going to get there with the current portfolio. We just are not going to get there. I do not see that. We're going to continue to have wildfires, we're going to continue to have droughts, extreme heat, and then we're going to come back each year and we're going to say, what happened? Why are we investing nearly $15 billion in our demise, essentially?
- Lena Gonzalez
Legislator
And so I don't see how we decarbonize fast enough when we have 2035, 2045 goals for carbon neutrality, for prohibition of ICE cars. I don't see that happening without us pivoting one of the largest investments, pension system investments in the world. So I would hope that it would follow with additional reporting so we can actually track the decarbonization if this should move through.
- Dave Cortese
Legislator
Yeah, and perhaps that's an area of the Bill as it moves along. I'm not sure it's the purview of this Committee exactly. But to work on those measurements and accountability, because I do suspect at some point people will continue to ask, our colleagues will continue to ask about the nexus issues. How are we going to know and how are we going to respect and hold ourselves accountable to not interfering with what would otherwise be good fiduciary decisions on investment?
- Dave Cortese
Legislator
The last piece where I wanted to go with this is something we heard a lot in the last session with regard to the previous iteration of the Bill, which is if you really want to get Exxon to move, is it better to say, "look, we're just cutting off our pension funds entirely, bye," or is it better to somehow allow the latitude of these pension funds to go in there and effectively leverage Exxon and say, "we haven't made a decision yet to pull our money.
- Dave Cortese
Legislator
But damn it, if you don't come back to us and demonstrate to us that you're going to hit goals and shared values here in California that we've established and that our Legislature established, you know, we're likely going to make a move." You get my point. It seems like we almost are cutting off the negotiation before it can happen. And I understand on principle why we want to sort of get out of fossil fuel investment, but are we undercutting our own leverage? I guess is what I'm asking.
- Lena Gonzalez
Legislator
These are all great questions, Mr. Chair, and I really thank you for asking them, because it's exactly the question that we have is whether engagement is actually working. And I don't think, and I can't point to success and engagement in any of these companies. You have a Saudi Arabian company. How are we going to engage with a foreign company? Are they going to listen to us? I don't know.
- Lena Gonzalez
Legislator
Are they really going to engage with us, and not just on the environmental aspects, but the human rights violations. Are they going to really listen to us when we are the leader on environmental, social and governance, for the most part? What does the engagement look like? That's what I ask, too, and I would love to have more discussions on how are they engaging? How many times are they meeting?
- Lena Gonzalez
Legislator
Do we know what threshold, at what point over the decades do we say, okay, at the 10th year we're going to stop engaging and we're going to start lessening the investments. I mean, again, I don't know what proportion or what percentage we should be doing that at, but the engagement piece is very important. I don't want to cut it off if it's going to move somewhere. But these folks aren't moving anywhere. They continue, like I said, the Willow Project, ConocoPhillips.
- Lena Gonzalez
Legislator
How are you continuing to invest millions and billions of dollars in exploration in Alaska when California is investing in you and we're saying, "no, we want to stop fossil fuel reliance." It just runs contradictory to what we're doing and I just, I want to make it make sense and it does not make sense to me. But I think from this discussion, I again would love to engage CalPERS and STRS to talk to us about their engagement and give us more data on what they're doing.
- Lena Gonzalez
Legislator
Again, for the beneficiaries to understand where their investments are going and whether we need to pivot or not because simply it's not working. Their Climate Action 100, apparently it's something that they use for engagement, but to me it looks like greenwashing quite honestly. As mentioned by Dr. Brown, a lot of the direction that they give is to continue to explore and expand, very contrary to our state's goals. So I'm just wondering the same.
- Dave Cortese
Legislator
Right. And again, I know I'm not the only one that would stipulate amongst your colleagues that things are not moving quickly enough and that's in large part because of the crisis that's upon us and the need to address it as immediately as possible. But again, going forward, I would suggest, and I'm happy to be a part of it, by the way.
- Lena Gonzalez
Legislator
Thank you.
- Dave Cortese
Legislator
Continuing to work with the funds on what tools they might need to have acknowledged in the Bill that would allow them to continue to utilize leverage that they can demonstrate to you and to us is effectively working. I don't know what that is either. I don't think we ever got that far in our Joint Legislative hearings last time around.
- Dave Cortese
Legislator
By the way, I'd love to work with you and your staff as we approach the next round of Joint Legislative hearings so we can ask some of these accountability questions, the pace of change questions perhaps a little more granularly than we have in the past. But again, there's a number of old sayings, right? Don't want to cut your noses, bite your face or whatever. Take your pick.
- Dave Cortese
Legislator
I think if we all want to get there quickly, there's at least a critical nuance here that we try to figure out with these funds where they need us to allow them some leverage as opposed to sort of just a blanket ban or moratorium. That said, I just want to get those comments. I really appreciate you responding to those questions.
- Dave Cortese
Legislator
I know there were questions between me and the Committee staff that we just felt would be somewhat unresolved going forward, but this is an early stage of the process and certainly as Committee Chair, I try to take a policy on something that is moving forward like this, to let it continue to get beyond this five person Committee and into a larger setting for debate. Any other comments or questions? Senator Laird?
- John Laird
Legislator
Thank you. It might be a five person Committee, but it's just you and me right now. I think just, I spoke more passionately last year and would read those comments into the record again. I think that the important thing about this Bill is the urgency. Senator Gonzalez and I were two of the 12 Senators last year that won our climate working group, and we broke the log jam in the Senate and approved the governor's bills. Everyone in our package, this Bill, a corporate disclosure Bill.
- John Laird
Legislator
And I think it reflected the urgency that we all feel right now. And my district is like everybody else in the wild swings, going from 925 of my neighbors losing their homes to some of the very same people being flooded out and not having rebuilt their homes from the fires, while they have just lost everything through floods and mudslides. And the urgency of climate change is upon us.
- John Laird
Legislator
And I think what this Bill does, in concert with the comments and the questions of the chairs, it forces the issue. It means there will be a discussion on what the leverage is. There will be a discussion on how we actually move in the appropriate way. And having been active in the apartheid divestment in the 1980s, leading my city when we did it and the voters voted to approve it, we did not see the things that people predicted coming from that.
- John Laird
Legislator
And the amendment that the Chair suggested last year, giving 12 years. 12 years goes through any of a number of economic cycles, and in a number of ways, and I think gives the systems the time to react appropriately within their fiduciary responsibility. And the author clearly has indicated that her goal is forcing this issue. Her goal is having the discussions in a way that the leverage is maximized, and I trust will continue to work toward that through as this Bill moves.
- John Laird
Legislator
So I'm going to support this Bill and I would move the Bill.
- Dave Cortese
Legislator
Thank you, Senator Laird. And before we conclude, let me just say again on the climate side of the issues here, and frankly, the perspective that Senator Laird just expressed, and I think I said a number of times in the question and answer, I'm quite supportive of trying to accelerate where we're going here in terms of decarbonization. Therefore, I'm in favor of getting the Bill out of Committee today. I'll be supporting it.
- Dave Cortese
Legislator
I do want to acknowledge importantly, and I hope opposition and support hears this who have been involved in the hearing today. This Committee has its own responsibility and its own jurisdictional responsibility to first and foremost protect the workers who are the beneficiaries of those pension funds from being undercut or to find themselves at 65 or 70 years old or beyond someday with a pension system that is no longer solvent enough to keep them afloat, which presents a whole other set of problems.
- Dave Cortese
Legislator
And with the age of older adults doubling down over the next 10 years, we do have a little bit of a conflict there. We have a tension there, and it's a pretty serious tension. And I don't think it's just with these pension funds, I think we ought to really probably be focusing on recalibrating the entire state budget for safety net services for older adults. Because I guarantee you right now, because you and I are the two oldest adults in the room right now. That's why.
- Dave Cortese
Legislator
And we've both seen how this has been progressing over the years as local government officials and as legislators. It isn't something that's been addressed, frankly, I don't think in the broader budget or in the pension funds, how in the heck are we going to take care of senior nutrition meals, for example? And that isn't in the pension funds. But those are the kind of issues we're facing as a government and as a society with a population that's going to be double what it is.
- Dave Cortese
Legislator
And when we're barely making the cost of those that support right now, and I think our pension funds are rightfully concerned about how are they going to do it. So that said, I want to make sure folks here, at least for me as the Chair of the Committee, that we get it. We understand what our responsibility is to folks who are on the other end, on the receiving side of these investments when it comes to the payoff. But I do repeat what I said earlier.
- Dave Cortese
Legislator
The Bill needs to move forward and we need to give it an opportunity for the further vetting that Senator Laird was just talking about. So with that, I'll ask the assistant to call the roll. Your opportunity to close. Very important opportunity.
- Lena Gonzalez
Legislator
I just wanted to say thank you so much, Mr. Chair. You've been very, very thoughtful and mindful through this process. I know it's not an easy discussion to have, but just know that we come with facts, with economic data, and we do so with understanding that many of our families, I mean, my dad was a truck driver for 30 years with the Teamsters. He has a pension. I care deeply about people with their pensions.
- Lena Gonzalez
Legislator
I want to make sure that they are safe, that they feel comfortable in their future years or their current years in receiving that pension, but that the pensions are not just speaking to our values, but actually gives them a good return as well, knowing that there's long term plans, not just the short term, volatile current investments, but the long term is what we want to look at for my father's future, for all of the folks that you see here, yourselves, and even myself.
- Lena Gonzalez
Legislator
So with that, I really thank you again, and I look forward to working with you, and I respectfully ask for the aye vote.
- Dave Cortese
Legislator
Okay. That said, now we'll ask the assistant to call the roll.
- Committee Secretary
Person
File Item number 2, SB 252. The motion is do pass, but first rerefer to the Committee on Judiciary. [Roll Call]. This Bill is currently on call and has two aye votes.
- Dave Cortese
Legislator
All right, so the bills will remain on call to give everybody an opportunity to vote today. That said, thank you again, everyone, for participating. Thank you. We appreciate it. As noted just a few minutes ago, we are now going to take one Bill out of order, SB 623. Senator Laird, who's currently moving to the podium, and then we'll resume our order, starting with Senator Padilla, after this. So, Senator Laird, when you're ready, please begin.
- John Laird
Legislator
Thank you very much, Mr. Chair.
- John Laird
Legislator
And thank you for accommodating the schedule, because it involves one of my witnesses, and I'm very grateful for that. Senate Bill 623 will extend the existing post traumatic stress workers compensation presumption by seven years and add public 9/11, 911 dispatchers, as well as firefighters and law enforcement personnel employed by other state agencies. Providing public safety Members access to this presumption will give them a level of certainty that they can access the care they need and deserve.
- John Laird
Legislator
With this in mind, Governor Newsom signed Senate Bill 542 by Senator Henry Stern in 2019 to establish the first post traumatic stress presumption for most public safety members, and it was to be sunsetted in 2024. While it's well documented that firefighters and law enforcement personnel work in jobs with severely heightened levels of stress, they're not the only Members of the public safety workforce to do it.
- John Laird
Legislator
Senator Stern authored a similar measure last year, Senate Bill 284, which would have expanded this presumption to public 911 dispatchers and other state first responders. That Bill passed out of this Committee with no no votes and received bipartisan support in the Legislature, but was ultimately vetoed by the Governor, who cited the need for more data.
- John Laird
Legislator
The analysis says that the Commission on Health and Safety and Workers Compensation, in a recent annual report, stated that recent research has indicated that workers'compensation claims filed by firefighters and peace officers are more likely to involve the PTSI than the average worker in California, and mental health stigma and fear of professional consequences were identified as a major barrier to care seeking for the first responders.
- John Laird
Legislator
Also in response to the governor's action, the sponsors are working on surveying their Members to collect data on how the presumption has been utilized and whether it is increased access to care and treatment. This data is forthcoming and will be shared as the Bill progresses. So Senate Bill 623 before you today includes that same expansion and also adds a sunset extension which is urgently needed so that the presumption will otherwise expire at the end of next year.
- John Laird
Legislator
With me to speak in support of the Bill are Dave Gillotte, President of the Los Angeles County Firefighters Local 1014, and Cerena Lewis, a public safety dispatcher and Member of the Los Angeles County Firefighters Local 1014. I respectfully ask for an aye vote.
- Dave Cortese
Legislator
Thank you, Senator. We'll go to the lead support witnesses now. Please come up and reintroduce yourself. And reminder, we're timing at 3 minutes per witness when you have two witnesses, so please proceed and thank you.
- Dave Gillotte
Person
Thank you. Good morning, Mr. Chair and Senators. My name is Dave Gillotte and I'm a 35 and a half year fire captain for the LA County Fire Department. But I'm also the President of LA County Firefighters, the union that represents 3,400 men and women in LA County. And I'm also up here speaking on behalf of the California Professional Firefighters, almost 30,000 firefighters statewide. And it's my pleasure to address you on this Bill.
- Dave Gillotte
Person
Over the last several years, as was pointed out, the fire service has taken a hard look at the prevalence of post traumatic stress and other behavioral health issues in our ranks. Our jobs are difficult and dangerous. We know that and we accept that. But for far too long, the culture in the firehouse and all of the firehouses across the nation, frankly, have told us just to suck it up and not ask for help for behavioral health or mental impact injuries to our firefighters.
- Dave Gillotte
Person
And mind you, we do have plenty of tools now, just like for physical injuries to treat our firefighters. Peer support programs led by firefighters with culturally competent clinicians, inpatient treatment centers, outpatient treatment centers, everything that you would think that you need to treat mental health injuries. We have the tools now. So why am I here? Well, I would like to try to catch your attention and give a little frame as to what those injuries look like.
- Dave Gillotte
Person
If there was a fire in your neighborhood and I showed up with my crew and I ran in and we fought that fire and the roof collapsed. Fire blows out of all the windows. You see it happen on TV. And we come out and three or four of us have burns to our ears, we have broken collarbones, broken arms, and we are taken to the hospital and the Department stands behind us. They approve the claims, they treat us, and we get fixed by doctors.
- Dave Gillotte
Person
That would be completely reasonable in everybody's mind here, wouldn't it? Now, what if I told you that as a 35 year fire captain, on average, every week I see five dead bodies. Children, old people, young people, a variety of circumstances. Five dead bodies a week times 52 weeks, times 35 years. And this is where it gets heavy, even in testimony. That's almost 10,000 dead bodies for me. That's my story. Now, look across at all the other firefighters and think about that impact.
- Dave Gillotte
Person
It is hard to see those things and not be scarred and sometimes become dysfunctional. So we need your help. It is reasonable to treat and care for these injuries, just like physical injuries. And so we need your help to move this through Committee and give the support that we need for my members and for, frankly, your firefighters up and down the state to get that care. The workers compensation presumption for post traumatic stress enacted by SB 542 in 2019 has literally been life saving.
- Dave Gillotte
Person
That was at a time, by the way, when suicides were the number one cause of death for firefighters for two straight years, more than any other death in the nation. Let that not be lost on us. With that, I also just want to address there's a cost in treating firefighters, but there's a bigger cost in not treating them.
- Dave Gillotte
Person
And so the faster we get firefighters connected with culturally competent Clinicians, peer support, inpatient and outpatient treatment centers, and all the help we need to deal with death and destruction. The more we keep firefighters at work, the more we bring firefighters back to work. And we do that quicker. And then, of course, that takes away the cost that's there for having to backfill behind firefighters who are off battling a work comp system to try to get treated with that.
- Dave Gillotte
Person
It's critically important that this presumption be extended. And in order to ensure that any and all firefighters who affected by this job cause post traumatic stress are able to get the care that they need. I thank you. We stand up to answer the call every single day, we don't take it for granted. We love our jobs, and in order to keep our communities safe, we do that. And we ask that you, and, frankly, stand up for us and vote yes on SB 623.
- Dave Gillotte
Person
And thank you for allowing me to bring you that vision and speak to this today. Thank you.
- Dave Cortese
Legislator
Thank you. Next witness, please.
- Cerena Lewis
Person
Good morning, Mr. Chair and Members of the Committee. My name is Cerena Lewis, and I have been with the Los Angeles County Fire Department for just under seven years. Also a Member of 1014, local 1014. I am proud to serve the residents of LA County, and I am here to testify to get you to vote yes on Bill 623. When someone calls 911, they don't call for the best day of their lives. They call for the absolute worst day of their lives.
- Cerena Lewis
Person
And not only is it one phone call that can impact you, my colleagues and I can take a minimum of 100 phone calls a day of someone's worst day of their lives. As President Gillotte just testified, the post traumatic stress presumption has been incredibly important in helping firefighters across treatment, access treatment for the injuries they've received on the job. Unfortunately, the same cannot be said for the dispatchers who work hand in hand with those firefighters.
- Cerena Lewis
Person
My colleagues and I are exposed to trauma daily, hearing tragedy, death and violence, and we are the calm at the other end of the line. As a fully trained peer supporter, we are not only serving the public, but I serve my peers as well. We have regular exposure to the stress to a dispatcher and the impact that it can have on their mental health. And I'm asking you, as we constantly help daily, I'm asking you for your help. I have had personal experience with this.
- Cerena Lewis
Person
I've taken calls where a wife finds her husband hanging in the garage, and I have to walk her through. I'm the only help on the end of the line asking her if her husband is any way that we can still save him.
- Cerena Lewis
Person
While I have help on the line, I've had to walk her and her neighbor through cutting him down and hearing his body fall on the ground and then walking her through providing CPR instructions so she can try and save her life as she's completely wailing and just uncontrollable. I've had situations where two friends go out into the desert just to have a great time shooting out in the desert, and one friend decides to shoot himself in the head.
- Cerena Lewis
Person
And I'm the person at the end of the end of the line. I'm sorry. That is, his brain is exposed, but he's still alive. And our units, they're in the middle of the desert. So not only am I trying to figure out where they are and try to send him help, but I have to stage our guys and make sure they're safe before I can send them in to save his life, because we're waiting on the sheriff's Department to clear the scene to make it safe.
- Cerena Lewis
Person
And I am trying to provide for over 50 minutes on the line, trying to provide CPR instructions, trying to help stop the bleeding at the same time, this gentleman is just unconsolable. On the other spectrum. I delivered my first baby on Easter Sunday, and it was an incredibly, incredibly, an incredible experience. But at any given moment that could have gone wrong, something could have gone wrong, and the baby couldn't have been breathing, mom could have been hemorrhaging.
- Dave Cortese
Legislator
You'll have to wrap up.
- Cerena Lewis
Person
And it's my duty to make sure that none of that happens. And more often,
- Cerena Lewis
Person
Sorry.
- Cerena Lewis
Person
So I just ask you to please, if you were to call 911, would you want the other person at the end of the end of the line to be on the top of their game? I'm asking you to please vote yes on SB 623. Thank you for your time.
- Dave Cortese
Legislator
Okay. Thank you for being here.
- Megan Subers
Person
Thank you, Mr. Chair and Members Meagan Subers, on behalf of the California Professional Firefighters and we are proud co sponsors of SB 63.
- Dave Cortese
Legislator
Thank you.
- Sara Flocks
Person
Mr. Chair and Members, Sarah Flocks, California Labor Federation, in support.
- Cameron Demetre
Person
Good afternoon. Chair Members Cameron Demetri, on behalf of the California Statewide Law Enforcement Association, in support.
- Randy Perry
Person
Mr. Chair and Members, Randy Perry, with Aaron Read & Associates, on behalf of PORAC and the California Association of Highway Patrol, in support.
- Naomi Padron
Person
Good afternoon, Chair and Members Naomi Pedrone, on behalf. Of the California Correctional Peace Officers Association as well as the California Correctional Peace Officers Association Benefit Trust Fund, in support.
- Matthew Broad
Person
Mr. Chair and Members Matt brought, on behalf of the California Teamsters, in support.
- Louie Costa
Person
Mr. Chair and Members Louie Costa, with the Sheet Metal Air Rail and Transportation Workers, transportation division, in support. And also as a parent of a Peace Officer, in support. Thank you.
- Dave Cortese
Legislator
Alright, anyone else here in the room wishing to speak in support? Seeing none, we'll go to opposition lead witnesses. Let me just ask how many of you there are for timing purposes?
- Jason Schmelzer
Person
I believe two.
- Dave Cortese
Legislator
So at 3 minutes apiece, please. Thank you.
- Jason Schmelzer
Person
Thank you. I'll take less than that.
- Jason Schmelzer
Person
Thank you.
- Jason Schmelzer
Person
Mr. Chair and Members of the Committee, my name is Jason Schmeltzer. I'm here on behalf of the California Coalition on Workers Compensation and PRISM, Public Risk Innovation Solutions and Management, which provides insurance for public agencies. I just want to say right at the start, I think broadly we can agree with a lot of what was said by the authors, two lead witnesses. This is extraordinary work that is done by these folks. I do want to draw a major distinction, though. This is not a question.
- Jason Schmelzer
Person
This Bill is not a question about whether or not psychiatric injury is covered by workers compensation. And to a degree, that's what the presentation sounded like. It's a question about what the legal standard is for proving up that claim. Okay, so I just want to draw that distinction. We're opposed to this Bill for the same reason that we were opposed to the original PTSD presumption. And there's a couple of main reasons that I'll run you through them.
- Jason Schmelzer
Person
One, the system of workers comp in California is actually set up to provide benefits. This Legislature and governors past have done a good job. There is a liberal interpretation clause that instructs judges to construe the law in the direction of providing benefits. And we're a no fault state. We're the model for the country in terms of claims being accepted. And that's just true. California law contains a handful of specific rules for psychiatric injury, and those are born out of 100 years of experience in this area.
- Jason Schmelzer
Person
This is not always the same as a physical injury, and that's important. The law exists for a reason. And while we can agree that proponents, with the proponents that firefighters, dispatchers, and other workers covered by the Bill have uniquely stressful positions, I know that I could not do this type of work. I have a brother that does, and it's extraordinarily stressful. I would not be able to do it. I think we all generally acknowledge that from the time we're very little.
- Jason Schmelzer
Person
But what hasn't been presented, and this is the important part, what hasn't been presented is any evidence that the workers compensation system as currently constructed is inappropriately denying those types of claims. The question about a presumption is why are we imposing it? Why are we switching the burden of proof, and why are we putting employers in the defensive position relative to these injuries? And without that evidence, we can't support a Bill like this. So if we generally accept claims, what's the big deal? Right?
- Jason Schmelzer
Person
That's frequently asked in terms of presumptions, why do we care? First, shouldn't need to say this out loud, but I feel like I do. Not every claim for benefits is valid.
- Jason Schmelzer
Person
Okay.
- Jason Schmelzer
Person
Some claims are false. The vast majority are not, and we certainly shouldn't legislate to the lowest common denominator. But it is true. And some of those claims are extraordinarily expensive, and these are public agencies. And what a presumption does for psychiatric injury is it makes employers prove a negative, so it makes it extraordinarily difficult for us to deal with claims that are invalid and taking up public resources that would otherwise go into the Department.
- Jason Schmelzer
Person
Psychiatric injury, because of its very subjective nature, has been a focus of fraud in the system historically. The most recent example. This Legislature and labor and management jointly negotiated a resolution to the most recent fraud as recently as 2013, and in that case, injured workers and their attorneys were filing psychiatric injuries as a compensable consequence to their physical injuries, specifically for the purpose of pushing up permanent disability.
- María Elena Durazo
Legislator
I'm sorry, you need to wrap up.
- Jason Schmelzer
Person
It was widespread, understood, and that was something that we, demonstrates frankly the passed fraud in the system. So with that, I'd respectfully urge your no vote.
- María Elena Durazo
Legislator
Thank you very much.
- Faith Borges
Person
Faith Borges on behalf of the California Association of Joint Powers Authorities, we also agree with the author's recognition, the distinction that peace officers and public servants serve our communities with, and we recognize that mental health challenges may be encountered. But today we're here respectfully opposed to SB 623. The benefits proposed by SB 623 are taxpayer funded and deserve thoughtful review. Most public agencies self fund their workers compensation coverage in a not for profit JPA.
- Faith Borges
Person
Local governments have been using this model since the 1980's, when many insurance companies were unwilling or reluctant to provide insurance products to public agencies. All presumptions, even rebuttable, establish a nearly impossible bar for employers to prove a negative that illness is not work related. So the reality of this Bill is that claims that are not occupational will be accepted and paid for with taxpayer money. I do want to also add a note that a presumption does not equal medical treatment.
- Faith Borges
Person
Everyone who files a workers comp claim in California will receive up to $10,000 in medical care that's provided at the employer's expense, even if the claim is ultimately denied. So a presumption should not be directly equated with the only way to access care.
- Faith Borges
Person
SB 623 proposes to remove the sunset of the existing presumptions for PTSD, excuse me PTS, created by SB 542 and expand the presumption to thousands of individuals in classifications, including police officers that are investigators with the Dental Board of California, that work for the Department of Consumer affairs, the Department of Motor Vehicles, the Division of Labor Standard Enforcement, and any peace officer employed by a K-12 public school district, and many more.
- Faith Borges
Person
We are unaware of any objective analysis that these classifications merit the elimination of statutory claims review procedures that accompany workers compensation presumptions, or that they are even disproportionately impacted by PTS. For example, an internal review of the last five years of safety disclaims data tells us that PTS claims are infrequent and the two that were brought forward were accepted. Confronting stigma for those who have PTS is an important policy objective which we share with the author.
- Faith Borges
Person
However, mandating that unchecked taxpayer funded benefits based solely on job titles is not the solution and trivializes necessary policy and fiscal considerations. Thank you.
- María Elena Durazo
Legislator
Thank you. I get to take over now. Watch out. Senator Laird.
- John Laird
Legislator
Just my luck.
- María Elena Durazo
Legislator
We're going to move on to hear any other opposition witnesses here in room 2200.
- María Elena Durazo
Legislator
Okay.
- María Elena Durazo
Legislator
Seeing none. Thank you. We're going to move on to witnesses waiting to testify via the teleconference service. Moderator if you could prompt the individuals waiting to testify and begin in support or opposition of SB 623.
- Unidentified Speaker
Person
Thank you, Madam Chair. For those who wish to comment on this Bill 623, please press one, then zero. Press one, then zero only one time as pressing one, then zero. A second time will remove you from the comments queue. We're going to go to line 255. Your line is now open.
- Mark Smith
Person
Madam Chairwoman and Members of the Committee. Mark Smith, on behalf of the California Chapter of the National Emergency Number Association, otherwise known as 911 dispatchers, in support of this measure.
- Mark Smith
Person
Thank you very much.
- Committee Moderator
Person
Madam Chair, there are no other people who have signaled that they wish to speak.
- María Elena Durazo
Legislator
Okay. Thank you very much. Thank you to all the support and opposition witnesses. We'll now bring the discussion back to the Members. Seeing no Members. Before I hand it back to Senator Laird to close, I just want to thank the two Members that testified in support. Really appreciate your day to day risking of your lives for the rest of us. Thank you. Senator Laird, would you. Okay, you can close. You can close now, Senator Laird.
- John Laird
Legislator
Well, thank you very much, Madam Chair. I also would like to join in thanking Dave Gelati and Serena Lewis for their powerful testimony. And I think I just need to reiterate a few points. This doesn't completely end the sunset. It extends the sunset by seven years. This does not extend this for the first time or new to firefighters or police officers. It has been there since the law was enacted in 2019.
- John Laird
Legislator
This just basically, for a smaller class of people that are also in public safety, adds it. And I think we are working to provide the data and the information that demonstrates that this has worked. And interestingly, except for maybe one passing reference I was trying to discern, I did not hear the evidence that it hasn't worked since it was adopted in 2019 in the testimony. So I think this is a really fair extension of the sunset. It really supports people that are supporting us.
- John Laird
Legislator
And at the appropriate time, I would ask for an aye vote. And we're in a little procedural moment here, so I don't know if the interim chair or the person presenting the bill can make a motion. Well, they're shaking their head.
- María Elena Durazo
Legislator
Neither of us can do it. So you can't do it as presenting and I can't do it as the chair.
- John Laird
Legislator
Well, I look forward to voting for this at the appropriate time and asking for an aye vote at the appropriate time.
- María Elena Durazo
Legislator
Okay, we're going to move on. Thank you very much, Senator Laird. We're going to move on to SB 352. Senator Padilla.
- María Elena Durazo
Legislator
Okay. Not going to move on with Senator Padilla. We're moving on with Senator Wahab. SB 399, ready to hear your presentation.
- Aisha Wahab
Legislator
Thank you, Chair and Members. And I guess the chair is out for a minute. Yes. Okay, Chair.
- María Elena Durazo
Legislator
I'm the Chair.
- Aisha Wahab
Legislator
Okay, awesome. Thank you. Chair and Members, I'm here to present SB 399, which would prevent employers from coercing workers into listening to their views on political or religious issues. SB 399 simply clarifies that workers have the freedom to refuse to attend mandatory meetings or listen to communications in which their employer is expressing their personal views on religious or political matters, including support or opposition of political parties or unions.
- Aisha Wahab
Legislator
These meetings are often referred to as captive audience meetings because they, although not job related workers, are not permitted to leave nor attend without facing discipline or adverse actions. In many workplaces, employees are at will and can be fired at any time for almost any reason, therefore providing employers with tremendous power to pressure workers to do as they say. Imagine that you are at work and your boss calls you into a mandatory all staff meeting.
- Aisha Wahab
Legislator
At the meeting, the boss asks you to vote for a proposition that you oppose. You try to leave, but are told you would be written up and possibly fired if you leave. More importantly for me in particular, I think that this is very important to highlight.
- Aisha Wahab
Legislator
If you are an immigrant or an individual with a lower income background and you are working and this is your only job and you are trying to make ends meet for your family, you don't have the luxury to do anything to upset your boss. And that is really what this bill is about. So this is about what workers face on the job. Even those simply wishing to perform their usual duties. They can't leave until they pretty much accept what they're being told.
- Aisha Wahab
Legislator
California has long prided itself as a sanctuary for workers, regardless of race, gender, sexual orientation, religion or political leaning. Therefore, in keeping with that tradition, it is important that workers of all religions and political perspectives are free to go to work without feeling coerced into listening to the political or religious agenda of their employer against their will. Right now, we are witnessing a historic surge in workers'rights advocacy at businesses across the country. Employees are demanding safer workplaces and higher wages and respect.
- Aisha Wahab
Legislator
And at the same time, we are seeing in California and across the country anti union behavior which has increased by employers who feel emboldened and protected by Citizens United, a Supreme Court decision which is now being challenged at the federal level by a congress member. It is time we get back to work. Allowing employees to do their job and not live in fear of being fired or not consenting for not consenting to be forced indoctrination of religious or political views of an employer.
- Aisha Wahab
Legislator
This bill does have exemptions to ensure that employers can communicate information they're required by law to provide, or any information that is necessary for workers to perform their job duties. Likewise, nothing in SB 399 prevents employers from communicating their personal, political, or religious beliefs to their workers. It simply clarifies they cannot require workers to attend meetings to discuss religious or political matters that are not germane to the work they do.
- Aisha Wahab
Legislator
As SB 399 moves forward, the bill's sponsors and I look forward to working with relevant stakeholders in opposition to address their concerns. With me in person to testify today is Karina Molina on behalf of the Teamsters, and Sara Flocks on behalf of California Labor Federation. Chair, with your permission, they will provide their testimony.
- María Elena Durazo
Legislator
Go ahead. Thank you.
- Karina Molina
Person
Good afternoon, Chair and Members. My name is Karina Molina, on behalf of the Teamsters in strong support of SB 399. I have been an insurance agent for AAA for the past five years. The insurance agent, agents of AAA California decided to unionize in 2021 to secure our future with the company. We are united in taking a stance for fair wages and consistent standards in company policy.
- Karina Molina
Person
AAA is a not for profit, membership based company, and yet they are the third largest spender in the country for union busting consultants, our union busting meetings have they began with a few small groups in the office at a time. Then the mandatory meetings became more frequent and aggressive. They were held once a week at an off site location. Several offices were split into two sessions.
- Karina Molina
Person
These meetings included upper management such as senior VPs and directors that would take notes if any employee would speak out or disagree with the union buster. It felt as though they were taking a tally of employees in favor of the union. This made us feel as if we now had a target on our back. Many feared that they would be treated differently or maybe even lose their job, if management knew that they were in favor of the union.
- Karina Molina
Person
The union buster consultant would use scare tactics such as, our situation could end up much worse, as an outcome. These mandatory meetings caused the offices to divide between pro and antiunion employees. It created animosity between coworkers, and it felt like the work environment shifted completely. Work colleagues that have peacefully worked together for several years were now holding resentment against each other.
- Karina Molina
Person
SB 399 would simply allow my coworkers and I the ability to leave meetings like these ones and have attended without the fear of retaliation or adverse action being taken against myself or other pro union supporters. I urge this community to support SB 399 and allow the option for employees to make a choice without judgment. Thank you.
- María Elena Durazo
Legislator
Thank you very much. I forgot to mention, you will have up to three minutes.
- Sara Flocks
Person
Thank you. Madam Chair, Members. Sara Flocks, the California Labor Federation and we are the sponsor, proud sponsor, along with the Teamsters of SB 399. In 2019, Shell Oil coerced workers to attend a Trump rally at their facility. In 2020, we saw Uber and Lyft requiring drivers to watch Yes on Prop 22 ads before they were able to log on to the app to be able to drive and do their job.
- Sara Flocks
Person
The business industry PAC, which is a national group of corporations, it has on its website that they will give tools to employers to, quote, transform their employees into an army to vote for pro business measures. We are seeing an increase of employers using captive audience meetings to be able to talk to their workers about politics and about religion. Employers have a tremendous amount of power in the workplace and they have the ability to talk about almost anything they want to their employees.
- Sara Flocks
Person
This bill doesn't change this. This bill does not infringe on their freedom of speech. What this does is what this Committee does in many other areas. It protects workers from retaliation for refusing to listen. This bill is not about speech. You're going to hear the opposition talk about the constitutional right, freedom of speech. This isn't about speech. This is about coercion by employers to have employees listen to topics that are not relevant to their job.
- Sara Flocks
Person
Politics and religion, issues that workers and all of us feel very strongly about, have strong feelings about matters of conscience. And that is what this bill does. It is not preempted. It is simply what this committee does. We set minimum standards to protect workers. That is all this bill does. And we urge your aye vote. Thank you.
- María Elena Durazo
Legislator
Thank you very much. Anyone else in the room in support witnesses here in room 2200. Support witnesses, please come forward. Give your name, position.
- Matthew Broad
Person
Matt Broad here on behalf of the Amalgamated Transit Union, UNITE HERE Machinist, Engineers and Scientists of California in strong support of the bill. Thank you.
- Janice O'Malley
Person
Good afternoon. Janice O'Malley, American Federation of State, County and Municipal Employees in support.
- Louie Costa
Person
Good afternoon, Madam Chair, and Senator Laird. Louis Costa with the Shemetal Air, Rail and Transportation Workers, SMART Transportation Division in support. Thank you.
- Kristin Heidelbach
Person
Good afternoon. Kristin Heidelbach, UFCW Western States Council here in support.
- Samantha Gordon
Person
Good afternoon. Samantha Gordon, TechEquity Collaborative in support. Thank you.
- Jessica Stender
Person
Good afternoon. Jessica Stender, on behalf of Equal Rights Advocates in support. Thank you.
- Navnit Puryear
Person
Good afternoon. Navnit Puryear, on behalf of the California School Employees Association in support. Thank you.
- Doug Subers
Person
Good afternoon. Doug Subers, on behalf of the California Professional Firefighters in support.
- Tristan Brown
Person
Good morning. Tristan Brown, CFT Union of Educators and Classified Professionals here in support.
- Ruth Silver Taube
Person
Ruth Silver Taube, Santa Clara County Wage Theft Coalition in support.
- Matt Lege
Person
Good afternoon. Matt Lege on behalf of SCIU California in support.
- María Elena Durazo
Legislator
Okay, we'll now move on to lead witnesses in opposition. Who will that be?
- Chris Micheli
Person
Okay, we have two, Madam Chair.
- María Elena Durazo
Legislator
Yes. Just as a reminder, we have a total of six minutes. So that means if there's two of you, then three each.
- Chris Micheli
Person
Okay, sure.
- María Elena Durazo
Legislator
Thank you.
- Chris Micheli
Person
Chris McKayley, on behalf of the Hollywood Chamber, in respectful opposition. A couple of points. I think this is the proverbial devils in the details. We think that the bill will, in fact, chill employer speech. If you take a look at, with me, subdivision B3, the definition of political matters. The first thing is it means matters relating to. That's pretty broad language relating to. Secondly, it includes things like legislation and regulation.
- Chris Micheli
Person
So if there is a potential good or bad piece of legislation or a proposed regulation that could impact the workplace, how is that impacted? It may be prohibited entirely. Now, in subdivisions F1 and 2, there are two exceptions. The first is if the employer is required by law to communicate, which would seem to us to mean that only if a statute or regulation specifically says the employer has to communicate that, or the second one in F2 is to perform their job duties.
- Chris Micheli
Person
But again, there could be provisions in proposed legislation or regulation that could impact the company in total, all of that would be entirely off limits. So it's much broader than just political parties or political office which are included in political matters in the definition. But of course, there's much more.
- Chris Micheli
Person
The second chill is that this is, of course, in addition to the labor code, which means it is enforced by a private right of action through the Private Attorneys General Act or PAGA, which is a significant concern to both small and large employers.
- Chris Micheli
Person
And the last point I will leave you with is that there are existing provisions of the labor code, sections 1101 and 1102, that prohibit businesses from impacting employers or prohibiting employers from attempting to coerce or influence employee political activities, and otherwise protect employees in their political activities. So we believe existing law addresses the particular concerns that have been cited. Thank you, Madam Chair.
- María Elena Durazo
Legislator
Thank you very much.
- Ashley Hoffman
Person
Good morning, Madam Chair and Senator. Ashley Hoffman, on behalf of the California Chamber of Commerce, in opposition as a job killer bill. In addition to the concerns raised by Mr. McKayley, I want to raise some legal concerns. We respectfully disagree that this is not about speech. We actually think it is all about speech. And if you look actually at subdivision C of the bill and d, it is very clear that you can violate this bill without any sort of retaliation.
- Ashley Hoffman
Person
Just the existence of one of these alleged meetings or alleging someone was forced to participate in communication would trigger liability under this bill. Presently, employers have the right to communicate with their employees about their support or opposition to legislation, ballot measures, regulations. They can send emails on political issues. Some companies have voluntary employee packs, and they can also talk about potential impacts of pending legislation.
- Ashley Hoffman
Person
For example, if a pending bill could really be detrimental to their industry or their company, that is something that workers would want to know. That is something that employers have the right presently to communicate about. And so, in our opinion, the bill runs afoul of the First Amendment. The provisions are content based, which is presumptively unconstitutional. And based on a lot of the discussion here today, I think it's also pretty clear that the bill's provisions are also viewpoint based, which is also presumptively unconstitutional.
- Ashley Hoffman
Person
We also think it runs into some issues with federal law in a couple of ways. For example, workers have the right to speak in the workplace about issues related to workplace benefits. So if you had a supervisor who's talking about a certain candidate or something because they support a certain platform related to workplace benefits, health care, minimum wage, that's something we actually can't stop. The employee has the right to do that.
- Ashley Hoffman
Person
And so it would run kind of conflict with this bill and put us in a really difficult position. And finally, we do believe that the piece specific to unionization is, in fact, preempted by the NLRA, specifically section eight. There is a local ordinance in Milwaukee that was struck down by this when Wisconsin was sued over their statute on this issue. They actually agreed that it was preempted and entered into a joint stipulation asking the court to decree that it was preempted. Oregon never made it.
- María Elena Durazo
Legislator
If you could wrap up.
- Ashley Hoffman
Person
Yeah. And then I just wanted to note there is a current law in Connecticut currently being challenged. Thank you.
- María Elena Durazo
Legislator
Thank you very much. If there are any other opposition witnesses here in the room, if you could please step up, identify yourself and your organization.
- Latifah Alexander
Person
Latifah Alexander with the Association of California Healthcare Districts. In opposition.
- C. Little
Person
Sorry, what was that? Good afternoon. Bryan Little, California Farm Bureau Federation, also in opposition. Thank you.
- C. Little
Person
Good afternoon. Lawrence Gayden. On behalf of the California Manufacturing and Technology Association, respectfully opposed. Thank you.
- Ryan Allain
Person
Hi, Ryan Allain with the California Retailers Association in opposition. Thank you.
- Naomi Padron
Person
Good afternoon. Naomi Padron. On behalf of the California Credit Union League, in opposition.
- María Elena Durazo
Legislator
Okay, thank you, everyone. Now we're going to move on to. Now we're going to move on to witnesses waiting to testify via the teleconference moderator. If you prompt the individuals waiting to testify in support or opposition of SB 399, we will begin.
- Committee Moderator
Person
Thank you, Madam Chair. For those who wish to speak in support or opposition to this bill, please press one, then zero. Press one, then zero, only one time as pressing one then zero a second time will remove you from the comments queue. We're going to go first to line 264, your line is now open.
- Patrick Whalen
Person
Good afternoon, Madam Chair and Members. Pat Whalen, Ellison Wilson Advocacy here on behalf of United Nurses Association of California UNAC and in strong support. Thank you.
- Committee Moderator
Person
Line 266, your line is now open.
- Michael Miiller
Person
Good afternoon, Members. This is Michael Miller with the California Association of Wine Grape Growers. Because of the anticipated consequences of the bill, we are respectfully opposed. Thank you.
- Committee Moderator
Person
Line 165, your line is now open.
- Ben Ebbing
Person
Ben Ebbing, on behalf of the California League of Food Producers, also in opposition.
- Committee Moderator
Person
Line 70, your line is now open.
- Nick Chiappe
Person
Good afternoon. Nick Chiappe with the California Trucking Association in opposition. Thank you.
- Matthew Allen
Person
Good afternoon, Madam Chair and Members of the Committee. Matthew Allen, Western Growers, opposed to the bill.
- Committee Moderator
Person
Line 171, your line is now open. Line 171, your line is open. Going to move on to line 262. Your line is now open.
- María Elena Durazo
Legislator
Thank you.
- Committee Moderator
Person
Line 267, your line is now open.
- Katie Hansen
Person
Good afternoon. Katie Hansen with the California Restaurant Association. Opposed to the bill.
- María Elena Durazo
Legislator
Thank you.
- Committee Moderator
Person
Line 260, your line is now open.
- Joshua DuBay
Person
Joshua DuBay, on behalf of the Communication Workers of America, District Nine in support.
- Committee Moderator
Person
Once again, ladies and gentlemen, if you do wish to comment on this bill, please press one, then zero. Madam Chair, there is no one else who. Pardon me. We do have one additional person. Just a moment. Line 171, your line is now open.
- Natalie Boust
Person
Natalie Boust with the California Business Roundtable, respectfully opposed.
- Committee Moderator
Person
And there is no one else who signaled that they wish to speak.
- María Elena Durazo
Legislator
Okay, thank you very much moderator. Senator Wahab. Oh, no. We're going to move back here. Comments to the Committee by the Committee Members.
- John Laird
Legislator
Excuse me. Yes, Madam Chair?
- María Elena Durazo
Legislator
Senator Laird.
- John Laird
Legislator
Thank you. You can address this in your closer now. But I really get what you're trying to do and feel like people should not be coerced into political activity as a function of their work. It seems like there's a possibility that how you do it in this bill still raises some issues that need to be worked out. And are you willing to work on some of those issues to see that maybe they can be worked out in a way that doesn't sacrifice what the goal of this bill is?
- Aisha Wahab
Legislator
100%. I'm always willing to work with the opposition and make the best policy move forward.
- John Laird
Legislator
Okay.
- John Laird
Legislator
Thank you.
- María Elena Durazo
Legislator
Okay. Okay, there's no more comments by Committee Members. Then we'll, Wahab do you want to give a closing?
- Aisha Wahab
Legislator
Yes. Well, one, I just want to say that a lot of the commentary that we heard is actually inaccurate in details, as well. And so one of the things that it was stated that this is SB 399 is not preempted by the National Labor Relations act. In fact, states and local governments can set minimum labor standards such as minimum wage and many other things such as overtime, health and safety.
- Aisha Wahab
Legislator
The other thing that was mentioned is that the meetings that they currently hold is optional. We are talking right here with this bill in particular is the mandatory meetings and forcing a person to stay rather than just being able to leave. They also cover a wide range of issues that they talk about. They said that they can't speak about legislation. We don't want them to influence individuals regarding legislation that is being discussed here.
- Aisha Wahab
Legislator
When a legislation, a piece of legislation has passed, they are able to enforce, discuss and share with their employees as to how this affects them. Just as any other particular situation. We talk about free speech from the opposition and this does not violate an employee's free speech. And specifically, this is not just about unions. We have a lot of individuals that we have heard regarding power and influence.
- Aisha Wahab
Legislator
The bills that I'm going to be carrying and will carry, like this one is about protecting the most vulnerable individuals and restoring some balance of power. And this is what SB 399 does. And I would like to highlight Ms. Sara Flocks, if she would like to add anything on the very end or answer any questions. So she is fine. But I do just want to say that this is also not unconstitutional.
- Aisha Wahab
Legislator
In fact, anything that is unconstitutional can be challenged as this great state has pushed gay marriage, which at one point in time was unconstitutional. We need to keep pushing the boundary and also talking about how this affects lives. This is the importance of this bill. And I hope that you guys all vote aye. Thank you.
- María Elena Durazo
Legislator
Thank you very much. Do we have a motion on SB 399? Moved by Senator Cortese. And we're going to take.
- Committee Secretary
Person
Could you turn that mic off? It's starting to echo. Thank you, Senator. File item number four, SB 399. The motion is due pass. But first, re refer to the Committee on Judiciary. [Roll Call] This bill is on call and currently has three aye votes. A second to situate ourselves.
- María Elena Durazo
Legislator
Yes. You give us a minute here. I'm going to pass this back to you and you take over.
- Dave Cortese
Legislator
Senator, do you want to deal with the, I understand we need a motion on bill that was heard previously. If she calls it, I'll make a motion.
- María Elena Durazo
Legislator
I move SB 623.
- Committee Secretary
Person
Okay.
- Dave Cortese
Legislator
All right, we'll go ahead and call the roll on SB 623 before we come back to the current bill, correct?
- Committee Secretary
Person
Yeah. I need to open up some bills on call for Senator...
- Committee Secretary
Person
File item number 11, SB 623. The motion is do pass but first rerefer to the Committee on Appropriations. [Roll Call] This bill is on call and currently has three aye votes.
- Dave Cortese
Legislator
All right, so we're going to move on to item 461. I want to thank Senator Roth for presiding in my absence, allow me to go over Education Committee and vote. And back to Senator Wahab, if you're prepared to present now on SB 461, we're ready.
- Aisha Wahab
Legislator
Thank you.
- Dave Cortese
Legislator
Thank you.
- Aisha Wahab
Legislator
Good morning. Chair Cortese and Members of the Committee. SB 461 authorizes a state employee to elect to receive 8 hours of holiday credit for observance of a holiday or ceremony of the state employee's religion, culture, or heritage in lieu of receiving 8 hours of personal holiday credit in accordance with the provisions regarding personal holiday credit. So, just to be very clear, this bill does not expand availability of holiday credits or hours for state employees, thus is unlikely to have any net physical impact on the state.
- Aisha Wahab
Legislator
It just allows an employee to select their cultural observance of their choice. Instead, SB 461 has the following goals. One, it promotes inclusivity and diversity by recognizing the diverse backgrounds of state employees by allowing them to choose a holiday or ceremony of their religion, culture, or heritage to observe for their 8 hours holiday credit. It improves employees morale and job satisfaction by granting employees the ability to observe their significant day, which creates an increased job satisfaction and greater sense of belonging in the workplace.
- Aisha Wahab
Legislator
It reduces potential absenteeism, and it has a positively impact on the employee/employer relations. Specifically, it allows employers to show a commitment to respecting and valuing other cultures. It also aligns with the broader California values of encouraging a culture of understanding, respect, and acceptance for diverse traditions. In particular, the holidays that have been suggested have been focused on, largely, the Indian community, Muslim community, Vietnamese community, Filipino community, and many other major holidays of those communities' choice. Not every employee will select all of them.
- Aisha Wahab
Legislator
Obviously, that is impossible. It is restricted to the 8 hours that are currently in law, and it just allows for a little bit more of choice. And finally, I would like to thank not only this Committee for hearing this and continuing the work of this Committee, but also inviting Nazeehah Khan, Policy Manager for Council on American Islamic Relations, for being here to provide any testimony for SB 461. And Chair, with your permission...
- Dave Cortese
Legislator
Yes, please proceed.
- Nazeehah Khan
Person
Thank you, Chair and Members. My name is Nazeehah Khan on behalf of the Council on American Islamic Relations California, and the sponsor of this bill. SB 461 is a common sense bill that quite simply celebrates and protects state employees. It protects state workers from having to informally disclose their religion or heritage to an employer and make themselves vulnerable to discrimination just to celebrate a holiday.
- Nazeehah Khan
Person
It removes the barrier of needing to explain what Eid or Diwali or Hanukkah or what any religious or cultural holiday is when requesting time off. It builds on last year's edition of specific holidays and goes one step further to include any religious and cultural observance. As a former state employee, I can't emphasize how important diversity is in public service, both for those giving it and for those receiving it.
- Nazeehah Khan
Person
When we're serving our most vulnerable populations, when we're creating policy for them, designing programs for them, improving services for them, it's important that diverse voices are part of the conversation and at the decision table. California, being the most diverse state in the nation, brings those voices into public service, but it fails to acknowledge them. This bill does what states nationwide are already doing. It recognizes that diversity, celebrates that diversity, and protects it. I humbly request the Committee's aye vote and thank you for the opportunity to testify.
- Dave Cortese
Legislator
Okay. Thank you for your testimony. And there is no other lead support witness? Is there anyone in the room who wishes to testify in support? Please come forward with name, affiliation, and position. Thank you.
- Tristan Brown
Person
Thank you, Mr. Chair and Members. Tristan Brown with CFT, here in support of the bill. Urge an aye vote. Thank you.
- Dave Cortese
Legislator
Okay. Thank you. Anyone else wishing to express support in the Committee room? Seeing no one come forward. Is there any opposition witness, lead witness? Seeing no one come forward. Is there anyone who wishes to express an opposed position who is present here in the Committee room? Seeing none. We'll go to the Moderator and ask the Moderator to inquire and queue up as to whether there's anyone who wishes to express either a support or opposition position on the teleconference line.
- Committee Moderator
Person
Thank you, Mr. Chair. For those who wishes to express support or opposition to this bill, please press one, then zero. And, Mr. Chair, it appears there is no one who wishes to speak.
- Dave Cortese
Legislator
Back to the Committee for any questions or comments from Members of the Committee. I'm seeing no one wishing to be recognized at this point. We do have a motion on the floor. Let me just say thank you for your leadership on this, Senator Wahab. And if you'd like to close, you may.
- Aisha Wahab
Legislator
Thank you. I do just want to highlight that our team will be reaching out. I believe that there are several holidays that we have included that is misspelled in the analysis, so we just want to be able to correct those for spelling purposes. But I do urge an aye vote, and I appreciate your time. Thank you.
- Dave Cortese
Legislator
Thank you. And we'll ask the Assistant to call the roll call vote at this time.
- Committee Secretary
Person
File item number 5, SB 461. The motion is do pass but first rerefer to the Committee on Judiciary. [Roll Call] This bill is on call and currently has three aye votes.
- Dave Cortese
Legislator
Okay. Yes. You have enough votes to get out, but we'll leave it open for the remaining Members. Thank you so much. We're going to go ahead and lift the call at this point in time. I'm not sure we'll capture everyone, but we'll see what happens here.
- Committee Secretary
Person
But we'll get some of them.
- Dave Cortese
Legislator
We'll get some of them.
- Committee Secretary
Person
All right. We're going to start with file item number one, SB 525. The motion is do pass. But first, amend and re-refer to the Committee on Appropriations, [Roll Call] This Bill is still on call and has four aye votes.
- Dave Cortese
Legislator
All right, that one's still on call with enough votes to get out.
- Committee Secretary
Person
Moving on to file item number two, SB 252. The motion is due. Passed. But first we refer to the Committee on Judiciary, [Roll Call]. This Bill is still on call and it has three aye votes.
- Dave Cortese
Legislator
Okay. Three votes already in the bank, and it will stay on call.
- Committee Secretary
Person
All of the other bills have votes from the Members who are.
- Dave Cortese
Legislator
All right, so we have no other bills on call at this point in time. As noted, those we just went over will stay on call. We are approaching the limits on our Committee room at this point in time. We didn't talk about that a great deal earlier, but there is another Committee that is going to be here using this room shortly, and we will recess this Committee until which Committee is ules? So, Rules Committee, Senate Rules will be meeting in this room at their appointed time.
- Dave Cortese
Legislator
At the conclusion of Senate rules, we will reconvene the Senate Labor, Employment and Retirement Committee and will continue in the file order at that time. With that, we are recessed until Rules Committee adjourns. Thank you.
- Dave Cortese
Legislator
You want to do one of yours? And then if he comes and we'll. Okay. We are calling the Labor, Public Employment, Retirement Committee back to order. We've been recessed while another Committee used the hearing room here. So we're going to pick up where we left off, more or less in terms of the file order. Actually, if we went with the exact file order, Senator Padilla would be up right now. I don't see him in the hearing room, so just double-checking one more time.
- Dave Cortese
Legislator
So Senator Smallwood-Cuevas will now present SB 627. And if Senator Padilla does come down here, we'll insert him. And then I know you have a couple more bills to present, so you may proceed when ready. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you so much.
- Dave Cortese
Legislator
They'll get it on. Okay.
- Lola Smallwood-Cuevas
Legislator
Good afternoon. Thank you. There we go. Thank you, Mr. Chair and Committee Members, namely myself, here. Hopefully we'll have more soon. I am pleased to present SB 627. We're going to start there. The displaced Worker Transfer Act, which would require large chain employers with 100 stores or more to give 60 days advance notice to workers of the store that is closing. It would additionally grant workers displaced by these closures a right to transfer to an available store within 25 miles of the closed location.
- Lola Smallwood-Cuevas
Legislator
Store closures can have devastating effect on a worker's financial security and destabilizing effect on the communities they call home. The store closure occurred disproportionately in Low income communities and communities of color, compounding the economic and social challenges these residents already face. And in my previous life, I worked as a community organizer and built partnerships with labor through the worker center movement. And I remember a closing of a Walmart store on Crenshaw in the heart of my district.
- Lola Smallwood-Cuevas
Legislator
And when that store closed, who was left behind were pregnant women and black women. Of the over 200 workers who were displaced and who we fought to have those workers transferred, black women and pregnant women were not accommodated. And it took us years to find employment for those workers. Furthermore, for workers who are faced with job loss and need to collect unemployment or utilize other services, they have to seek help from the state. The taxpayer has to actually support those workers.
- Lola Smallwood-Cuevas
Legislator
SB 627 will help ensure workers lives aren't completely upended when they lose their job due to a store closure, because they will have a safety net that will afford them an opportunity to continue working and to provide for themselves and their families. With me today to testify is Sarah Flocks with the California Labor Federation, the sponsor of this Bill. And joining her was a worker. She was here for the earlier part of the hearing, but I think because of, oh, she's able to stay. Wonderful. Because we're up top. She's able to stay with us. Please welcome them to the floor worker Edith Saldano with Starbucks as well.
- Dave Cortese
Legislator
Thank you, Senator. And we'll go ahead and then, and go into lead support testimony. And it looks like, Edith, you might as well self introduce there on the microphone and we'll let you go first. We set up timing for speaking early today when we launched the hearing because of a lot of different bills that had different numbers of lead witnesses as 3 minutes each if you have two witnesses, which is the case here, or 2 minutes each if you have three witnesses. So that means you have 3 minutes, as does Ms. Flocks. So please proceed. Thank you.
- Edith Saldano
Person
Hello. My name is Edith Saldano and I'm a five-year barista. Two years with Starbucks in Capitola. At my store, we're organizing to try and improve our working conditions. We won our union last June and we're still waiting for Starbucks to bargain. We've had numerous incident reports at our store. For example, people waiting for Starbucks partners to leave the store and following them to their cars, people yelling in the lobby late at night, and car accidents right in front of the store because of traffic issues.
- Edith Saldano
Person
This is one of the reasons why we're organizing is to have a voice in how we improve working conditions at our stores, and that includes safety conditions. We understand we make up the union and we want to be included in this problem solving, but we aren't right now. Last July, Starbucks closed 16 stores nationally, including six here in California and two unionized locations in Seattle. They told us these stores were being closed because of safety concerns, but many locations have the same safety issues.
- Edith Saldano
Person
Why did they close some stores before working with us as we are advocating for them to improve safety at all locations? Starbucks former CEO Howard Schultz warned us through a Twitter video that there would be many closures to come. No matter what reason Starbucks gives, closing a store sends a message that they are willing to go to extremes to prevent us from exercising our rights. We shouldn't have to worry about losing our jobs and facing financial instability.
- Edith Saldano
Person
When we speak out about problems in our stores, store closures, or even the threat of closures creates an atmosphere of fear and could cause workers to think twice before speaking up. We are being sent a message that if we advocate for our rights, we risk losing our jobs and the jobs of our coworkers, who we fight for every day, too.
- Edith Saldano
Person
Senate Bill 627 would discourage employers like Starbucks from closing stores without giving workers the opportunity to work at nearby stores when the jobs become available. I don't think Starbucks would offer to transfer workers from stores they close without this law. We've seen when we organize that Starbucks makes threats that workers at union stores will lose the ability to be borrowed out, which we have right now, to other stores that need our help.
- Edith Saldano
Person
Please join me in supporting this important legislation that would help protect my workers, my coworkers and I, as we organize for safer store and better conditions. Thank you.
- Dave Cortese
Legislator
Thank you so much for your testimony. Next. Support witness, please.
- Sara Flocks
Person
Mr. Chair Member Sarah Flocks, California Labor Federation. We're proud to sponsor this Bill, and we know that store closures, no matter what the reason, are devastating, devastating to workers and devastating to communities. And we know that bills like this, laws like this, that guarantee retention and rehire are good for workers. They're good for the economy, and they're good for employers.
- Sara Flocks
Person
The whole Paycheck Protection act that the Federal Government did was about keeping workers connected to their jobs to prevent long term unemployment and make sure that there was economic stability. And this is a protection for women and people of color, too. We find that women, especially when they're over the age of 40, have a harder time getting a job after they've been laid off.
- Sara Flocks
Person
This is a very common sense measure that if you close a store for a nondisciplinary reason, that workers there who are trained, who are experienced, should have the right to be able to transfer when a new position opens up. This is a proven law. There's been laws on the books for decades for retention, for grocery workers, sanitation workers, transit workers. We have the hotel worker rehire law, and Santa Monica has had a rehire law very similar to this on the books since 2001.
- Sara Flocks
Person
So over two decades, and we've seen hotels have come back, they're struggling to find workers. There was just an article today in the paper about how restaurants are struggling to find workers. Why would you not hire a worker who's already trained, already experienced, and knows how your business operates? So we urge your support and thank you to the author.
- Dave Cortese
Legislator
All right. Thank you for your testimony. Is there anyone else in the Committee room who wishes to express a support position on the spill? If so, please come forward at this time and indicate your name, affiliation and support.
- Jessica Stender
Person
Jessica Stender on behalf of Equal Rights Advocates in support.
- Mariko Yoshihara
Person
Mariko Yoshihara on behalf of the California Employment Lawyers Association in support. Thank you.
- Samantha Gordon
Person
Samantha Gordon on behalf of Tech Equity Collaborative in support. Thank you.
- Christof Meyer
Person
Christof Meyer with the American Federation of State, County, and Municipal Employees in support. Thank you.
- Tristan Brown
Person
Tristan Brown with the California Federation of Teachers in support, and it was asked by the Service Employees International Union State Council in support as well.
- Louie Costa
Person
Mr. Chairman, Committee Members. Louis Costa with the Sheet Metal, Air, Rail, and Transportation Workers Transportation Division in support. Thank you.
- Jesse Graywell
Person
Jesse Graywell with UFCW Western States Council in support.
- Dave Cortese
Legislator
Thank you. All right. I'm not sure if people are waiting to come up. No, a different issue. Okay. I saw people coming in. I thought that we were waiting for them to line up. So we're now going to move to opposition. Are there lead opposition witnesses and if so, please come forward and identify yourself.
- Ryan Allain
Person
Good afternoon, Chair and Members. My name is Ryan Elaine and I'm the Director of Government Affairs for the California Retailers Association and I'm here to speak in opposition to SB 627. Retailers, along with many other industries, have been dealing with the limited workforce in recent years, and trying to hire new workers has been difficult.
- Ryan Allain
Person
This Bill, unfortunately makes the hiring process even more cumbersome by requiring employer to maintain for a year a preferential list of covered workers that is based on seniority and not skill.
- Ryan Allain
Person
If an employer wants to fill a position at a store within 25 miles of a closed store, they would have to send a written transfer notice to whoever that is, the most senior employee for that position within five days and wait an additional five days for the covered worker to either accept or decline the offer, creating a potential 10 day slowdown in the hiring process.
- Ryan Allain
Person
The Bill does allow for an employer to make simultaneous offers to covered workers, but those are conditional offers and would need to be rescinded if the initial covered worker accepted within five days. And our members aren't going to want to make an offer that has a high chance of being received, it would waste their time and the applicants time.
- Ryan Allain
Person
Additionally, employers would be prohibited from offering employment to applicants that did not have the privilege of employment at the time of the store closure until the preferential list is exhausted. This places those applicants at a significant competitive disadvantage as they try to enter the workforce. Lastly, I kind of played around the Google maps a little bit and got to look at the 25 miles and I just want to kind of put into perspective that 25 miles really depends.
- Ryan Allain
Person
It's differently in this state depending on where you're at. So, like from west San Jose, 25 miles could be Downtown Fremont. From Mar Vista, 25 miles could be Pasadena. Echo Park 25 miles could be Long Beach. Morgan Hill 25 miles could be Santa Cruz. All these distance, I'm sure all these Members of the Committee are well aware of and how long those commutes would be.
- Ryan Allain
Person
So it's understandable to say that making an offer like this to a covered employee that would then have to drive significantly longer to work is unrealistic and unhelpful. For all these reasons stated, CRA respectfully opposes SB 627. Thank you for your time. And I believe Ashley will be joining. Thank you.
- Ashley Hoffman
Person
Good afternoon, Mr. Chaired, Members. Ashley Hoffman, on behalf of the California Chamber of Commerce and opposition is one of our job killer bills. So, as was mentioned, this Bill does largely mirror SB 93, which was passed in 2021. I think it's important to talk a little bit about the history of that Bill. That Bill was a right to recall for certain hospitality workers that was proposed in the middle of COVID It was actually vetoed because it was overly broad and it had no sunset.
- Ashley Hoffman
Person
It would have applied to any State of Emergency and had no sunset on it. Also that it applied to struggling industries. The only reason, really, that the later version of that Bill, SB 93, was passed in the budget the following year, is it had significant limitations. It was limited to the specific crisis that California was facing at the time, and it had a sunset.
- Ashley Hoffman
Person
And so, unfortunately, we are now seeing a lot of these really prescriptive rehiring bills start to re arise, which in our point of view, is a very troubling precedent. I agree. Right. If you are looking for a worker and there is someone who is skilled or trained or has worked at another store, that is a probably good decision for an employer to hire.
- Ashley Hoffman
Person
However, there's a very big difference between the employer being able to interview candidates to assess their skills than actually having a mandate as far as who they have to hire. And one of the really troubling pieces of this Bill as well, is that we can't consider skill at all.
- Ashley Hoffman
Person
We would only be able to go off of seniority, like if they had some sort of disciplinary record or something. As I read this Bill, we would not be able to take that into consideration at all. And we also feel like these bills are really chipping away at kind of the concept of at will employment and how employers have discretion to run their workplaces. One specific note that was also raised in the analysis, just want to raise that this may have an impact on franchisees.
- Ashley Hoffman
Person
There could be one, for instance, like a subway less than 25 miles from another subway that could be owned by two different franchisees because they are independent businesses. So based on some conversations, it sounds like that may not have been the intent of the Bill. And we would appreciate maybe some clarity around that point. Thank you.
- Dave Cortese
Legislator
Thank you. Is there anyone in the room who would like to come up and express an opposed position on this Bill? Yes. Please come forward. Just identify yourself.
- Randy Powell
Person
Randy Powell, on behalf of the International Franchise Association, in opposition. Thank you.
- Lawrence Gayden
Person
Lawrence Gayden with the California Manufacturers and Technology Association in opposition.
- Dave Cortese
Legislator
Thank you. Thank you. All right, it looks like we've satisfied that requirement. We're going to go to the teleconference line and ask the moderator to please queue up both support and opposition that wishes to express their opinion on this Bill at this time. Thank you.
- Committee Moderator
Person
Thank you, Mr. Chair. If you wish to speak in support or opposition, please press one, then zero at this time. We'll go to line 293. Please go ahead.
- Michael Miiller
Person
Good afternoon. This is Michael Miller with the California Wine Grid Tours Association, and we are opposed. Thank you.
- Committee Moderator
Person
Thank you. In just a moment, Mr. Chair. And we'll go to line 294. Please go ahead.
- Rebecca Baskins
Person
Good afternoon. Rebecca Maskins, on behalf Rushers Association in opposition. Thank you. Thank you.
- Committee Moderator
Person
Mr. Chair. We have no one else wishing to speak at this time.
- Dave Cortese
Legislator
Okay, thank you, Moderator. Appreciate it. And we're going to come back to the Committee now for any questions or comments. Senator Durazo, anything that you want to bring up at this time?
- María Elena Durazo
Legislator
Well, I appreciate that the authors presenting this Bill. Many of the issues that are being brought up by opposition have been brought up in other bills at other times. And just on the issue of somehow we're going to take away the ability to assess skills right before hiring somebody just doesn't make sense that person was working there. The assumption is that person had the skills, otherwise they wouldn't have been working for that employer for that location.
- María Elena Durazo
Legislator
We've been through these kind of arguments before, and the sky is falling. The sky is not falling except for the workers who lose their jobs and get back to work. So I appreciate your bringing this up, and I appreciate everybody who has to work in those conditions, and hopefully this helps give some stability. Thank you, chair.
- Dave Cortese
Legislator
Thank you, Senator Drazzo, and for the author. I probably should have gotten this on the record earlier, but in terms of amendments to the Bill with reference to the definition of employer, both chain employer and in general employer and cleanup language, with regard to the worker having five days to accept or decline, as opposed to 10, I understand you're taking those amendments.
- Lola Smallwood-Cuevas
Legislator
Yes, Mr. Chair, we are taking those amendments, and we appreciate the Committee and staff working with my team to resolve that cleanup language.
- Dave Cortese
Legislator
Yeah, I appreciate that. And I'm sure you'll continue as you get out of Committee today to work any further on language that needs to be nuanced to avoid unintended consequences. We know from working with you at this Committee that some of the things that opposition has raised as concerns have been expressed by the author as not the intention of the Bill. So sometimes that just requires further clarification on the way.
- Dave Cortese
Legislator
Of course, with that, I will say I've never really responded much to lead or opposition testimony in terms of questions or asking for a response. And I fully respect both sides in this case and raising what they consider to be legitimate concerns, including opposition. I know the term job killer has sort of become a term of art on the Chamber of Commerce side to sort of capture bills that are for the chamber, most extreme in terms of concern.
- Dave Cortese
Legislator
It's striking, though, in this particular case, that it seems like in terms of the sequence of events, the job killing already occurred and what's attempted by the Bill is to restore the job. And so I don't know if that's what I really would like to offer as an opportunity. Know if representative wants to continue, Ms. Hoffman, to talk about that a little more, because I don't want to carry a misunderstanding from here to the floor.
- Lola Smallwood-Cuevas
Legislator
Is that directed to me?
- Dave Cortese
Legislator
No. I want to give the opposition a chance to clarify that. If it's simply the term of art that sort of captures what you would consider to be difficult bills, a challenging Bill, that's fine. I'm not trying to poke at you. I just want to make sure that if there's something more there that you want considered, by all means, let us know.
- Ashley Hoffman
Person
Yeah, I appreciate the question. It's a question we get a lot. So I think it's good to address. So when we are choosing which bills go on our job killer list, it's definitely a very thoughtful process and one that goes through multiple layers of review. And for us, it really signals the bills that we are most troubled about. And it could be in different ways, for example, ones that we think will deter businesses from growing or expanding or moving, starting in California.
- Ashley Hoffman
Person
It could be a direct threat, for instance, like costs that could cost jobs. I think in this instance, for example, especially requiring to rehire in certain seniority that could disadvantage other applicants. And we have these really overly prescriptive mandates. It really makes like a chain hesitant to open more stores in California because of this. And again, kind of from our point of view, is chipping away at will employment, which we see as a large issue. So that's know kind of where it comes from. I think there's no one specific meaning to it. Is that helpful?
- Dave Cortese
Legislator
Yeah. I didn't want to leave it hanging as what seemed honestly like a contradiction in terms, given the nature of the Bill, but it wanted to give you an opportunity to expand on that. And certainly the author now has an opportunity during her close to talk about that some more, if she would like. So thank you. I appreciate you being here. And Senator Durazo, you want to say.
- María Elena Durazo
Legislator
Something else, just for the author, something that was said by the opposition, if you would include as well, is the franchise issue. If you could just include it in whatever however you want to respond to.
- Lola Smallwood-Cuevas
Legislator
This Bill has been very clear that this is not about franchisees. This is about one company that has more than 100 chains across the country owned by one entity. So at no point there should have been confusion about franchisees. This Bill was very clear about that because we knew that question could possibly come up. So we're talking about those stores that have multiple locations. There's a Starbucks on this corner and there's one on that corner.
- Lola Smallwood-Cuevas
Legislator
We're saying that when you have over 100 chain stores nationally, then this law would apply to you when you decide to shut down and lay off the workers. That that is not acceptable. That there has to be a process for workers to be able to have some control over how they can continue to work. And that the community knows, because this is about our state operates from business tax, income tax, and sales tax. Workers generate the income, they generate the sales tax.
- Lola Smallwood-Cuevas
Legislator
So any worker pulled out of that system has a very deep impact on all of our communities. Coming from south central Los Angeles, where we have some of the poorest census tracts, where communities of color are hard to get access to any employment, to have an employer decide to close its doors and give workers no notice, particularly in Low wage sectors where that paycheck means they could be on the street or their lights are off that day. We have to have shared responsibility here.
- Lola Smallwood-Cuevas
Legislator
And that's what this is a common sense Bill. And I want to say, if anything, this is the job continuator, and we need our own list. We need our job creator list, and this is a job continuator. We see this Bill as a way of protecting workers and protecting our communities. And with that, I call for your aye vote.
- Dave Cortese
Legislator
Thank you very much. And I just want to seize the opportunity before the roll call here to thank Committee staff and thank you for working with Committee staff with these amends really were intended here in collaboration to try to address that very concern. And hopefully it has. But clearly people have the opportunity to work with you further if more clarification is needed. Just a note. We are on SB 627. That is clearly up on the screen now.
- Dave Cortese
Legislator
But for people in this building or outside the building that were watching earlier, this particular Bill hearing was mislabeled for a while, but it is correct that this is SB 627. Before we actually vote, I wanted to make sure that that was clear on the record. With that, we'll ask the assistant. We got a motion by Senator Durazo. We'll ask for the roll call now.
- Committee Secretary
Person
File item number eight, SB 627. The motion is do pass. But first amend and re-rfer to the Committee on Judiciary. [Roll Call]
- Dave Cortese
Legislator
This Bill is on call and currently has three aye votes. All right. On-call has enough votes to get out of Committee, but we will leave it open for the remaining Senator. As I indicated earlier, Senator Padilla has arrived, and we have promised him an earlier slot, I think a couple of times. So we're going to go ahead and take him. That's right.
- Dave Cortese
Legislator
He was supposed to be third. Seems like yesterday that we were going to hear his item. Please come forward if you're ready, and then we'll go back to a couple more bills that Senator Smallwood-Cuevas has. But first we're going to hear SB 352. Senator Padilla, thank you for being here.
- Steve Padilla
Legislator
Thank you very much, Mr. Chairman and Members. I'm here today to present Senate Bill 352, which for the first time would require California's Workforce Development Board, in concert with the Secretary of Labor and Workforce Development and the Director of Housing Community Development, to examine housing costs by county and create a formula establishing just how much the local minimum wage should be for a full time worker to reasonably afford housing and basic expenses in that county.
- Steve Padilla
Legislator
SB 352 further would require the board to gather data to determine regional and state averages for the same for what a living wage needs to be and report this data in real time to the Legislature on an annual basis. Mr. Chairman and Members, a growing segment of California's workforce is economically stranded. Because of inflated and predominantly rising housing and living costs, low wage and entry level workers must now work an unsustainable number of hours per week just to meet the demand of these costs.
- Steve Padilla
Legislator
This has trapped these workers in a cycle of working poverty, which allows them none of the economic mobility that their predecessors enjoyed only a few decades ago. Remarkably, the state of California does not now have, nor has it ever had, established a methodology to determine a wage standard, and certainly not one that accounts for an individual's costs of housing. SB 352 will change that. Information is power, and it is necessary for effective public policy in these cases, and our policy should be data driven.
- Steve Padilla
Legislator
I represent some of the poorest and most disadvantaged communities in the state, and I believe that our social contract is broken. This segment of California's overall workforce are not progressing. They are not gaining, they are not saving, building wealth, securing their housing and basic needs, never mind advancing the market value of the most important thing we can give in life besides our love, which is our labor.
- Steve Padilla
Legislator
Furthermore, they certainly do not have the opportunity or time to take advantage of so many of the social safety net programs for self advancement, skill development, and education that we often tout in this state. These workers are having to work more and more to just keep their head above water, many working 80 to 90 hours per week, and yet they still cannot afford basic housing.
- Steve Padilla
Legislator
Current data informs us that the state of California has one of the nation's highest and most generous minimum wages at 15.50 an hour, but still suffers at the same time from one of the nation's highest poverty rates due to high living expenses, primarily driven by housing and childcare costs. By gathering data, we can begin to understand the scope of this problem. It is long past time that the state must honestly assess what working poverty looks like in the state of California in order to address that.
- Steve Padilla
Legislator
With me today are Danielle Bautista from United Ways of California and from United Way Bay Area, Tashawn Thomas, Director of public policy. Following their testimony, Mr. Chairman and Members, I would respectfully ask for an aye vote.
- Dave Cortese
Legislator
Okay, thank you, Senator. We'll ask the lead support witnesses to come forward in whatever order you wish and just identify yourself. You'll have 3 minutes each to present. Thank you.
- Danielle Bautista
Person
Thank you. Good afternoon, Mr. Chair and Members of the Committee. My name is Danielle Bautista, and I'm with United Ways of California. Our organization represents the statewide network of all local United Ways covering all counties, and we are proud sponsors of SB 352, which would direct the California Workforce Development Board, the Secretary of Labor and Workforce Development, and the Director of Housing and Community Development to create a living wage formula. According to the Real Cost Measure, which is our study on what it takes households to meet basic needs in the state, one in three Californians struggle to make ends meet.
- Danielle Bautista
Person
Put that in perspective of the estimated 11 million working families that call California homes, 3.5 million do not make enough to afford basic necessities. In the state of California, a minimum wage earner would have to work more than two full time jobs to afford a one bedroom apartment in most major markets. Coupled with inflation, the cost of living has far outpaced wages in the Golden State. But by how much and where can Californians use more support?
- Danielle Bautista
Person
The living wage formula seeks to answer these questions and provide meaningful information that can assist lawmakers in making key budget decisions, both regarding minimum wage and other programs, such as tax credits, public benefits, et cetera, designed to help families who are struggling to get by. It should be noted that SB 352 will not change the state minimum wage. Rather, the bill should be the yardstick by which we set our priorities.
- Danielle Bautista
Person
By determining accurate costs of living with regional considerations in mind, we would be better able to address the racial wealth gap and apply this formula to local demographics. It would make clearer what investments are needed to improve systems that can lift up families. For these reasons, United Ways of California offers its full support for SB 352 by Senator Padilla and urge your aye vote. Thank you.
- Dave Cortese
Legislator
Thank you for your testimony. Welcome.
- Tashon Thomas
Person
Good afternoon, Mr. Chair and Committee Members. My name is TaShon Thomas, and I'm the Public Policy Director for the United Way Bay Area. For over 100 years, the United Way Bay Area has worked to create sustainable changes throughout the state and our region. Currently, in the eight counties of Marin, Napa, Solano, San Francisco, Santa Clara, Alameda, and San Mateo, an estimated 700,000 out of over 2 million households spend more than 30% of their income just on housing.
- Tashon Thomas
Person
This alarming statistic is from the Real Cost Measure developed by the United Ways of California, which studies what it takes for a household to afford their basic needs throughout the state. For many households, this, of course, is housing, especially in the Bay Area. In fact, one of our United Way SparkPoint Ambassadors, Russell, puts it simply, quote, despite my progress, finding affordable housing in the Bay Area was an ongoing struggle. Moving away from the Bay Area is something that isn't really a possibility for me.
- Tashon Thomas
Person
I need to stay within the vicinity of public transit so that I can get to and from work and do business in San Francisco. I don't have a car and can't afford one, even with a Section 8 assistance, end quote. Even with one of the highest minimum wages in the nation, Californians still struggle. SB 352 would help us better understand the financial gaps families have to meet their basic needs, which in turn gives wage earners more leverage to advocate for a livable wage.
- Tashon Thomas
Person
The United Way believes strongly that we can't just program our way out of poverty. We need significant policy changes to go with those programs. SB 352 perfectly merges the need for data to impact future policy decisions to create an equitable and prosperous California. Requiring metrics to be updated annually will account for an increase in the cost of housing and inflation broadly and will have accurate information to reference when discussing the true cost of living in California.
- Tashon Thomas
Person
When we know the numbers behind what it actually costs for people to thrive in the state versus just living paycheck to paycheck, we'll have the power to act to address these wage gaps. SB 352 will assist policymakers at all levels in these conversations. The ultimate goal is to ensure all Californians are financially stable and have the dignity to thrive and not just barely surviving. The United Way Bay Area is proud to support SB 352 by Senator Padilla and urges an aye vote. Thank you.
- Dave Cortese
Legislator
Thank you very much. Anybody in the room wishing to come up and express support for this bill, please come forward now.
- Sara Flocks
Person
Mr. Chair and Members. Sara Flocks, California Labor Federation, in support.
- Dave Cortese
Legislator
Thank you.
- Geoffrey Neill
Person
Mr. Chair, Geoff Neal, representing the City of Chula Vista, also in support.
- Dave Cortese
Legislator
Thank you.
- Jassy Grewal
Person
Jassy Grewal, UFCW Western States Council in support.
- Dave Cortese
Legislator
Thank you.
- Jessica Stender
Person
Jessica Stender on behalf of Equal Rights Advocates in support.
- Dave Cortese
Legislator
Thank you. All right, we'll move now to opposition. Is there any opposition, any lead opposition witness on this bill? Again, we're on SB 352, Padilla. I'm seeing no one come forward. Is there anyone in the room, in the Committee room who wishes to express an opposition? If so, please come forward. Seeing none. Moderator, if you will please queue up any opposition or support witnesses at this time on SB 352. Thank you.
- Committee Secretary
Person
Thank you, Mr. Chair. If you wish to speak on this bill, please press one, then zero at this time.
- Committee Moderator
Person
Mr. Chair, we have no one wishing to speak at this time.
- Dave Cortese
Legislator
Thank you, Moderator, great job. Not that we don't want public comment, but this has been a long Committee meeting. Okay. We're going to come back to the Committee and let me ask Members of the Committee if there are any comments or questions for the author or otherwise. Senator Smallwood-Cuevas.
- Lola Smallwood-Cuevas
Legislator
I just want to say, thank the author for this bill. I remember being a part of the raise the wage campaign, and we were fighting for $15, and back then we knew 15 wasn't even enough. So we have a long way to go, and this bill will help us continue to get there to the right place for workers. Thank you.
- Dave Cortese
Legislator
Senator.
- María Elena Durazo
Legislator
Yeah. I also want to thank the author. Every time it was in the past, it had been minimum wage. Let's raise the minimum wage. And you just kept running into what my colleague said, that minimum wage was so far below what was needed that it triggered the living wage movement, because you really needed something more than what legally was the minimum you could pay to actually what, as a human being you needed in order to be able to survive.
- María Elena Durazo
Legislator
So we should have thought of that a long time ago, what you're doing. But thank you very much. Appreciate it.
- Dave Cortese
Legislator
Thank you, Senator. I would just say to the author, thank you for your leadership. There's so much intersectionality between this issue and other issues that we're dealing with throughout the Legislature and Committee room after Committee room, as you speak, as I speak, student debt, because you can't work 32 hours or 40 hours a week anymore, even if you're willing to do that at a minimum wage job and cover your costs, even your housing costs alone, let alone basic tuition, is just one of many, many examples.
- Dave Cortese
Legislator
The equity issues that we've heard about earlier today, the intersectionality there about the disproportionate impact because of the fact that minimum wage earners tend to be in particular demographics.
- Dave Cortese
Legislator
So I think the tragedy is when you look back on it, it's hard for me to explain this to very young people, that my generation was able to work 32 hours at minimum wage, work your way through a college education, buy groceries, pay tuition, and literally rent an apartment and make a decision whether you even wanted to have a roommate, let alone having to stuff five or six of them in a single place.
- Dave Cortese
Legislator
So I think what you're doing is really the first step, and I'm quite sure that's what you have in mind to further exposing this problem so we can set the foundation for going even further in the future and appreciate your efforts to do that. If you'd like an opportunity to close.
- Steve Padilla
Legislator
Grateful to you, Mr. Chairman, for your leadership and for your comments. I think I couldn't have said it better. I think it's important that we as a legislative body grapple with the reality of working poverty and acknowledge, although very uncomfortable, the absolute, obvious fact that literally under our feet, there are developing two separate California economies, and the folks at the entry level of this working economy are stranded.
- Steve Padilla
Legislator
But our demand for their labor isn't going away, unless Californians are going to stop going to movies, buying groceries for fresh produce, and doing a host of other things that we take for granted. The demand for the work that these folks do is never going away, but their relative power in the marketplace has been incrementally diminishing for decades. I call them the invisible workforce, and I don't think that any of California's workforce should be invisible.
- Dave Cortese
Legislator
Well, thank you, and we'll ask the assistant now to call the roll call. Oh, we need a motion. I thought we had one. I apologize.
- Dave Cortese
Legislator
Been doing that all day. Thank you. Thank you, Senator. We do have a motion now by Senator Smallwood-Cuevas.
- Lola Smallwood-Cuevas
Legislator
So moved.
- Committee Secretary
Person
File item number three, SB 352. The motion is due pass, but first re-refer to the Committee on Housing. [Roll call] This bill is on call and currently has three aye votes.
- Dave Cortese
Legislator
All right, three votes is enough to get out in this Committee, but we're going to keep it open for the remaining Members. Senator Laird for sure is coming back, so we will move on now to SB 497, which is the first of two bills, two more bills that Senator Smallwood-Cuevas has.
- Lola Smallwood-Cuevas
Legislator
Thank you, Mr. Chair and Senators.
- Dave Cortese
Legislator
Thank you.
- Lola Smallwood-Cuevas
Legislator
I am pleased to present SB 497, which would help ensure workers who are brave enough to report violations of the labor code as it relates to Equal Pay Act are protected from retaliation from their employers. California has some of the strongest workplace and equal pay protections in the country. However, our strong workplace protections are meaningless if workers are too afraid to take advantage of them. California's laws do not prohibit employers from retaliating against a worker for exercising their rights.
- Lola Smallwood-Cuevas
Legislator
However, the Labor Commissioner is unable to prosecute many retaliation claims because it is difficult for workers to show that the employer took action against the employee, specifically in response to their reporting of a labor violation. A recent poll by the National Employment Law Project found that 38% of California workers have experienced a violation of their workplace rights, but only 10% of those workers reported the violation to a government agency.
- Lola Smallwood-Cuevas
Legislator
SB 497 would provide real protection for these workers by creating a rebuttable presumption that an action taken against any employee was retaliation if it occurred within 90 days of the employee reporting a violation. This kind of rebuttable presumption already exists in other parts of the labor code and is working well to protect workers from immigration related retaliation, such as threats of deportation and retaliation for the use of paid sick leave.
- Lola Smallwood-Cuevas
Legislator
Adding this protection to labor code violations will allow the Labor Commissioner to identify retaliation more quickly and prevent law breaking employers from avoiding accountability. I spent many a night with a worker, and one worker comes to mind who worked in the entertainment industry. And she had been there for many years and had reported not being fairly paid, having to work through her lunch breaks, not receiving her overtime. And when she went to the employer to report this, she suddenly lost hours.
- Lola Smallwood-Cuevas
Legislator
She suddenly lost her ability to stay in her current position and was transferred to a position that she couldn't get to. It was 20 miles away from her position, which was already about 15 miles away from her home. She ended up losing her apartment and a lot of vital, vital services that she and her family needed.
- Lola Smallwood-Cuevas
Legislator
And I remember sitting with her and she was explaining how her hair was falling out, how she had become so stressed out because all she wanted to do was to have her rights respected and protected. And I bring that worker with me because it's such a painful experience to know you have rights, but when you exercise them that you get retribution and retaliation for it. So I want to bring up today two speakers who will testify in support of this bill. Nayantara Mehta with the National Employment Law Project, and David Zhang with the Restaurant Workers from the Bay Area.
- Dave Cortese
Legislator
Great. Thank you. Please come forward. Again, with two witnesses, you'll have three minutes each to present. Thank you.
- Nayantara Mehta
Person
Thank you. Good afternoon, Chair and Committee Members, and thank you, Senator. My name is Nayantara Mehta with the National Employment Law Project, or NELP, and we are also a Member of the California Coalition for Worker Power. And both NELP and the California Coalition for Worker Power are proud sponsors of SB 497. And I really appreciate the opportunity to be one of the speakers on behalf of SB 497 because this bill is really getting at both power and information imbalance between workers and their employers.
- Nayantara Mehta
Person
The imbalance exists due to our current system, our current reality, our at will employment system in California, where employers can fire workers for pretty much any reason. And the information imbalance exists because workers, as the Senator mentioned, often don't have access to the same information about the reasons for adverse action against them.
- Nayantara Mehta
Person
And as we're going to hear from our other witness just after me, whether the retaliation happens to you as an employee or to your coworkers and you observe it, we see how easy it is for bosses to fire or punish workers for speaking up about workplace issues. And the threat of losing a job or income as a result of employment retaliation is scary for anyone to contemplate, but especially if you're depending on every single paycheck to support yourself or your family.
- Nayantara Mehta
Person
And our laws, as they are right now, give employers the upper hand in the workplace, including when it comes to retaliation. The amount of evidence that workers have to provide to prove retaliation is burdensome and unreasonable. And unless the employer goes ahead and says something like, I'm firing you because you asked for your rights to be enforced, a worker is generally going to have a hard time proving retaliation, providing enough information to the Labor Commissioner's Retaliation Complaint Investigations Unit to show that the retaliation happened.
- Nayantara Mehta
Person
And so that's why SB 497 is so important that the employer who does have the information about why they made a decision, within 90 days of the employee speaking up to assert their rights, the employer has that information, and they should be responsible for showing that they didn't retaliate. So that feels like a very straightforward approach to putting the responsibility on the party that has the information.
- Nayantara Mehta
Person
And as the Senator mentioned, NELP put out a report last year that focused on the scope and problem of retaliation in California. And we drew on a survey of a thousand adults in the California workforce. And the survey results showed us what our partners, our coalition partners who organize and represent workers, know firsthand. But we have some survey results to back that up, that there are high rates of workplace violations and low rates of reporting.
- Dave Cortese
Legislator
Three minutes.
- Nayantara Mehta
Person
Okay. Oh, am I hit three minutes already?
- Dave Cortese
Legislator
Yes. It goes fast.
- Nayantara Mehta
Person
Wow, that went fast. So just want to reiterate that we have strong laws, and we need to keep strengthening them. If they're not doing what they're supposed to be doing, if workers don't feel like they have the protection of the laws as they exist, we need to make the changes to make them real for workers. Thank you.
- Dave Cortese
Legislator
Thank you. Thanks for your testimony. Next witness, please. Is there a translation? Necessary interpretation. Okay, so you'll actually have six minutes. We'll time it that way.
- Unidentified Speaker
Person
That's great. Yeah. Hi, everyone. This is Kay from Chinese Progressive Association. We're a worker center based in San Francisco, and today our Member David, and he was supposed to be here to share. And he was very excited to share about, but he had to leave due to the childcare obligations. So I'm going to just read his script to you, and also I will interpret for another worker leader, Aying, here.
- David Zhang
Person
So hi everyone. I'm David Zhang and I'm here today to support SB 497. I'm originally from China and immigrate to the US. So one of my very first job was a sushi chef in a restaurant named Sugoi in San Francisco, and I have been working there for three years. My employer constantly paid me late, stole my tips, and never paid my overtime hours. And after I approached my boss multiple times to ask about being paid properly, my work hours were reduced significantly, down to two days a week. It made me so hard to survive.
- David Zhang
Person
Later on, I had no choice but had to quit the job. I later went to China's Progressive Association and learned that what the employer did was consider retaliation. I learned that other workers who became the current employees of the same employer were facing the similar issues of late pay. When I joined the workers to submit a demand letter asking for proper pay and respect, he also retaliated those workers by cutting their hours and changed their positions.
- David Zhang
Person
So this boss has a pattern of wage theft and retaliation. But unfortunately, this happens very often in the restaurant industry, and immigrant workers are especially vulnerable to employers tactics. Retaliation has a huge impact on personal lives in our communities. So during the time when I was unemployed, after being forced to quit my job, I was struggling to meet the balance with insurance and rent to pay and food to purchase. It was a really hard time for me and my family. So my hope is that more workers understand their rights and can speak up in the workplace with more support and without fear. And that is why I support SB 497.
- Unidentified Speaker
Person
Also, Aying has her own experience to share as well. Hello. I'm Aying and I'm from San Francisco, and right now I'm working as domestic worker. I shared a similar experience as David. And in 2017, I worked in a restaurant, and my Boss just like stole, stole my tips, all of my tips, and just had a very serious wage theft. But at that time, I was too scared to voice up because I was the main supporter of my family.
- Unidentified Speaker
Person
So if I voice up and the boss retaliate me, and I will have no income at all. Back at that time, I just had no support at the workplace to voice up. That's why I'm here today to support SB 497, to just ensure other workers, just like me and David, will have more support at work to voice up. Thank you.
- Dave Cortese
Legislator
All right. Thank you for your testimony. Please let her know we appreciate her testimony. Anyone else in the room wishing to speak in support? You can come forward and identify yourself if you'd like to support the bill. Give us a name, affiliation, and your position, please.
- Rachel Deutsch
Person
Good afternoon. Rachel Deutsch, California Coalition for Worker Power, in support.
- Dave Cortese
Legislator
Thank you.
- Alexandra Suh
Person
Hello. My name is Alexandra Suh, Executive Director of KIWA, also a Member of CCWP, in strong support. Thank you.
- Dave Cortese
Legislator
Thank you.
- Sara Flocks
Person
Sara Flocks, California Labor Federation, in support.
- Dave Cortese
Legislator
Thank you.
- Dallas Fowler
Person
Dallas Fowler, California Coalition for Worker Power, also Helping Empowered Individuals Reach Success, and constituent of Senator Lola Smallwood-Cuevas in support.
- Dave Cortese
Legislator
Thank you.
- Jules Yun
Person
Jules Yun with Koreatown Immigrant Workers Alliance, KIWA, in support. Thank you.
- Dave Cortese
Legislator
Thank you.
- Jin Kim
Person
Jin Kim, Korean immigration Worker Alliance. I'm in support.
- Dave Cortese
Legislator
Thank you.
- Unidentified Speaker
Person
My name is Pagone, and I'm in support.
- Dave Cortese
Legislator
Thank you.
- Mimi Zibor
Person
My name is Mimi Zibor, and I come from the KIWA. I support.
- Dave Cortese
Legislator
Thank you.
- Jessica Stender
Person
Jessica Stender on behalf of Equal Rights Advocates, a proud co sponsor, in support. Also on behalf of National Council of Jewish Women in support. And Grace End Childhood Poverty, in support.
- Dave Cortese
Legislator
Thank you.
- Ernesto Hidalgo
Person
Good afternoon. Ernesto Hidalgo with the Los Angeles Worker Center Network, Policy Director. We represent seven other workers centers with members like workers who you heard from today, and we urge you to support this bill. Thank you.
- Dave Cortese
Legislator
Thank you.
- Samantha Gordon
Person
Hello. Samantha Gordon with TechEquity Collaborative in support. Thank you.
- Dave Cortese
Legislator
Thank you.
- Tristan Brown
Person
Hello. Tristan Brown with the CFT in support, and also asked by the Service Employees International Union and State Council to vocalize. Their support as well. Thank you.
- Dave Cortese
Legislator
Thank you.
- Ariana Rodriguez
Person
Hi, Ariana Rodriguez from KIWA, also a constituent of Senator Smallwood-Cuevas, In support.
- Dave Cortese
Legislator
Thank you.
- Verónica Barreno
Person
Hola, mi nombre es Verónica Barreno. Vengo de Los Ángeles y vengo con KIWA y también apoyo la SB 497.
- Unidentified Speaker
Person
Did y'all catch that or should I translate?
- Dave Cortese
Legislator
Go ahead.
- Unidentified Speaker
Person
Okay. Maria with Justice San Francisco in support.
- Dave Cortese
Legislator
Thank you.
- Rachel Geenhoven
Person
Rachel van Geenhoven with WorkSafe, and we strongly urge your support.
- Dave Cortese
Legislator
Thank you.
- Christoph Mair
Person
Christoph Mair with the American Federation of State, County, and Municipal Employees in support.
- Dave Cortese
Legislator
Thank you.
- Kristin Heidelbach
Person
Kristin Heidelbach, UFCW, Western States Council, in support.
- Dave Cortese
Legislator
Thank you.
- Juan Aguilar
Person
Buenas tardes. Mi nombre es Juan Aguilar. Tengo de parte de KIWA y apoyo SB 497.
- Dave Cortese
Legislator
Thank you
- Tia Koonse
Person
Good evening. Tia Koonse with the UCLA Labor Center, your former home, Senator Smallwood-Cuevas. We miss you. In support.
- Dave Cortese
Legislator
Thank you.
- Mariko Yoshihara
Person
Mariko Yoshihara representing the California Employment Lawyers Association and also the California Coalition for Worker Power, in support. Also expressing support for the California Food and Farming Network, Central California Environmental Justice Network, Pesticide Action Network, California Institute for Rural Studies, and Central Coast Alliance United for a Sustainable Economy. Thank you.
- Dave Cortese
Legislator
Thank you. I'm seeing no one else come forward on the support side. We'll ask for opposition witnesses at this time. Is there a lead opposition witness? Welcome.
- Ashley Hoffman
Person
Last time today, I promise.
- Dave Cortese
Legislator
All right. That's what we're here for.
- Ashley Hoffman
Person
Good evening, Mr. Chair and Members. Ashley Hoffman on behalf of the California Chamber of Commerce, respectfully in opposition. Existing law absolutely prohibits employers from taking any adverse action against an employee who engages in protected activity. And these stories you heard today, the action there was absolutely illegal and unacceptable. We are opposed, really, strictly because legally we don't think that there is a reason for this presumption just based on how existing retaliation cases are evaluated.
- Ashley Hoffman
Person
Courts and the Labor Commissioner already take temporal proximity between the protected activity and the action into account when they are evaluating retaliation claims. So judges are using their discretion to view the timing in light of the circumstances as a whole. There are plenty of courts in my own practice and in case law that have found that 90 days or less absolutely is sufficient to establish some sort of initial proof of causation.
- Ashley Hoffman
Person
However, there are courts who have found that 90 days is not sufficient, especially when there are other facts, such as intervening events like a promotion or pay raise for the employee. And so, therefore, they have found that 90 days is not by itself sufficient. So our concern, largely, is that even without this proposed 90 day presumptions, plaintiffs absolutely still have the right to plead and will have the temporal proximity taken into account. And so, therefore, this could open the door for some of those cases where timing alone is really not sufficient and that claim shouldn't move forward. So respectfully ask for no vote. Thank you.
- Dave Cortese
Legislator
Okay. Thank you. Is there another opposition witness? If you want to express opposition, name, title, opposition, you can do that now.
- Faith Borges
Person
Faith Borges with the Family Business Association of California. Respectfully opposed for the reasons stated by the Chamber.
- Dave Cortese
Legislator
Thank you.
- C. Little
Person
Good afternoon. Bryan Little, California Farm Bureau Federation, for the reasons articulated by Cal Chamber, in opposition. Thank you.
- Dave Cortese
Legislator
Thank you.
- Benjamin Ebbink
Person
Ben Ebbink on behalf of the California League of Food Producers, in opposition. Thank you.
- Dave Cortese
Legislator
Thank you.
- Matthew Sutton
Person
Matt Sutton with the California Restaurant Association, in opposition.
- Dave Cortese
Legislator
Thank you.
- Lawrence Gayden
Person
Lawrence Gayden with the California Manufacturers & Technology Association, in opposition. Thank you.
- Dave Cortese
Legislator
Thank you.
- Ryan Allain
Person
Ryan Allain with the California Retailers Association, in opposition. Thank you.
- Dave Cortese
Legislator
Thank you. All right, seeing no one else come forward in the room, we're going to go to the teleconference Moderator and ask the Moderator to please queue up any support and opposition testimony on the telephone line.
- Committee Secretary
Person
Thank you, Mr. Chair. If you wish to speak on this issue, please press one, then zero at this time. We'll start with line 297. Please, go ahead.
- Michael Miiller
Person
Good afternoon. Evening, I mean. This is Michael Miller with the California Association of Winegrape Growers. We are respectfully opposed.
- Committee Secretary
Person
And just a moment, Mr. Chair, will we gather the next line number. Next, we'll go to line 302. Please, go ahead.
- Matthew Allen
Person
Matthew Allen with Western Growers Association, respectfully opposed to the bill.
- Dave Cortese
Legislator
Thank you.
- Committee Secretary
Person
Mr. Chair, we have no one else in queue at this time.
- Dave Cortese
Legislator
All right, we'll bring it back to the Committee for comments and questions at this time. Senator Durazo, anything you want to add at this time? All right. Okay. Thank you. And I'm just going to say, for my part, I listened as carefully to the opposition as I could, and I think I understand what the concern is, including, perhaps, by those people who came in and expressed opposition and affiliation.
- Dave Cortese
Legislator
I can understand why employers, having worked on the employer side for a lot of years myself, would be concerned about the shifting of the burden. But we're in a period here in the state right now where there's a real struggle with getting these kinds of claims moved along. And so I appreciate where the bill is trying to go.
- Dave Cortese
Legislator
I think maybe in a different time, in a different era, maybe there would have been an argument that this is unnecessary or just let the process unfold with the traditional burden of proof. But I'm going to side on the idea that this actually can move things along for employees through a process, a state process that, frankly, is pretty bogged down right now. So thank you for your leadership on that, and you're welcome to close at this time, if you like.
- Lola Smallwood-Cuevas
Legislator
Thank you for that, Mr. Chair. And in agreement with everything that you said. We already have rebuttable presumption for sick leave. We have it for immigration related issues. This is about making sure that workers who are dealing with issues of discrimination as it relates to equal pay and wage theft also have that protection. This is about not harming someone who's already been harmed. And we want to make sure that workers have protections across the board.
- Lola Smallwood-Cuevas
Legislator
And we particularly want to make sure those workers who are in the most vulnerable occupations, we heard those stories today, those workers, that their rights are protected. With that, I ask and call for your aye vote.
- Dave Cortese
Legislator
Thank you. Do we have a motion on the bill? Moved by Senator Durazo. We'll go to the Assistant. Ask for the roll call vote at this time.
- Committee Secretary
Person
File item number 7, SB 497. The motion is do pass but first rerefer to the Committee on Judiciary. [Roll Call] This bill is out, 4-1.
- Dave Cortese
Legislator
All right. Senate Bill 497 is out on a 4 to 1 vote. Thank you. We're going to let you continue on, if you're ready. This time talking to us about SB 864.
- Lola Smallwood-Cuevas
Legislator
Thank you, Mr. Chair, and good to see more Senators here on the Committee. I am pleased to present SB 864, which would empower California's workforce by ensuring job seekers who receive services from career centers to advance their employment opportunities are educated on their rights as employees. Covid-19 had a devastating impact on our public health and on our community's workforce, where we saw unprecedented levels of job loss and financial insecurity.
- Lola Smallwood-Cuevas
Legislator
The public health crisis exposed how critical it is for workers to understand their rights, particularly in such a shifting environment as Covid. A survey of black workers conducted during the pandemic by the UCLA Center for the Advancement of Racial Equity at Work found that, on average, only a third of respondents were aware of their rights as workers for both pandemic specific and long standing workplace protections. That number is especially concerning, especially after considering that in 2021, over 60,000 alleged worker violation claims were filed.
- Lola Smallwood-Cuevas
Legislator
The total number of actual violations was actually much higher. The vast majority of job seekers who utilize the services of career centers often find employment in entry level positions and in sectors where they are especially vulnerable to having their worker rights violated. SB 864 would equip these workers with the knowledge necessary to protect themselves as they reenter the workplace.
- Lola Smallwood-Cuevas
Legislator
The bill would do this by requiring the California Workforce Development Board to partner with the Labor Commissioner and other subject matter experts to develop a workplace rights curriculum to be used by their community's local career centers. This curriculum will include information pertaining to wage theft, employment discrimination, sexual harassment, the right to organize an on the job health and safety protections.
- Lola Smallwood-Cuevas
Legislator
SB 864 is critical to ensuring job seekers will have the necessary tools to protect themselves and their communities from job loss, unpaid wages, financial insecurity, and any other worker violations they would otherwise be vulnerable to. Spending years on the Workforce Development Board, at the local level, we have to recognize how complex this economy is and how complex work sites are.
- Lola Smallwood-Cuevas
Legislator
Workers need to have the skills to be able to navigate the economy, to navigate their workplace, to be able to understand the challenges that they are facing on the job, and to be able to have the skills to be able to communicate those concerns. This bill is about ensuring that those educational tools are provided for workers so that they can be the strongest workers they can be in this economy. And with that, I call and respectfully ask for your aye vote.
- Scott Wilk
Person
Thank you. I don't see it in the script, but I'm assuming we have lead witnesses in support of the bill.
- Lola Smallwood-Cuevas
Legislator
We do not have a lead witness. We are so pushed back.
- Scott Wilk
Person
Okay. I totally understand. Quite a day.
- Scott Wilk
Person
But we have me-too support?
- Lola Smallwood-Cuevas
Legislator
We do.
- Scott Wilk
Person
Great. Let's hear it.
- Mariko Yoshihara
Person
Thank you. Mariko Yoshihara, on behalf of the California Coalition for Worker Power, our organizations do a lot of worker outreach and education. Definitely understand how important it is, so strongly support this bill. Thank you.
- Scott Wilk
Person
Thank you.
- Rachel Deutsch
Person
Rachel Deutsch, California Coalition for Worker Power, in strong support of arming workers with information about their rights.
- Scott Wilk
Person
Thank you.
- Sara Flocks
Person
Mr. Chair, Member. Sarah Flocks, California Labor Federation, very supportive of the bill. We actually see this as a tool for enforcement because when workers know their rights, they're able to stand up for their rights. So thank the author for this bill.
- Jessica Stender
Person
Jessica Stender, on behalf of Equal Rights Advocates, in support.
- Alexandra Suh
Person
Alexandra Suh, Executive Director of KIWA in strong support.
- Scott Wilk
Person
Thank you.
- Dallas Fowler
Person
Dallas Fowler, California Coalition for Worker Power. I'm a board member there. Excuse me, that's where I work. California Coalition for Worker Power, Director of Public Affairs, in support. Also California Coalition for Clean Water and Reliability, where I'm a board member, and we are advocating for workers in the water district, and we are in support. Thank you.
- Scott Wilk
Person
Great. Thank you very much. Moving on to opposition. Do we have a primary witness in opposition? Seeing none. Any me-too testimony in opposition? Seeing none. Let's bring it back to the phones. So we will take testimony either pro or con. Moderator, are you there?
- Committee Moderator
Person
Yes. And if you wish to speak on this item, please press one, then zero at this time. And, Mr. Chair, we have no one queuing up at this time.
- Scott Wilk
Person
Okay, thank you, Mr. Moderator, pull it back to the Committee for any questions, comments, concerns. Okay, I've got a motion by Senator Durazo. Now, you did that on your own accord, right? I did not. Okay, good. We'll turn it back to the chair.
- Scott Wilk
Person
But before I turn it mean, obviously, these are all good things I think workers should know. Currently, do they access that information with other agencies? So is there any redundancy here or what's the impetus for doing it here?
- Lola Smallwood-Cuevas
Legislator
No. Primary opportunities for training workers is through our job centers and through our workforce board. So that's sort of the primary vehicle for training workers who are either displaced or looking for work. So at this point, that is not something that will be replicated. This is about adding to the kinds of training that they're doing and making sure that this is a big part of that training program.
- Scott Wilk
Person
But in terms of all the things that are available to them for their protection, there's other agencies that do that. Education?
- Lola Smallwood-Cuevas
Legislator
No. Currently we have a system where, and this is one of the challenges, we don't have a very proactive system. A worker has to experience a violation and then come to an agency. This is, I think, one of the flaws in our enforcement system. Knowledge is power. And too often, workers don't learn of these rights until they've actually experienced a violation.
- Lola Smallwood-Cuevas
Legislator
And so this is an opportunity to ensure that we are reaching the workers with how to know their rights, how to be prepared, but also this is an opportunity for them to take that back to their own families. Right. So this is an opportunity for workers who engage in our workforce system to then have these basic educational tools to protect themselves in the workplace.
- Scott Wilk
Person
Okay, great. Thank you, Mr. Chair.
- Dave Cortese
Legislator
Thank you. Thank you, Mr. Vice Chair. Seeing no other comments, and we do have a motion by Senator Durazo. We'll go to the assistant to call the roll call vote on this item at this time. This is Senate Bill 864.
- Committee Secretary
Person
File item number nine, SB 864. The motion is due passed, but first re-refer to the Committee on Appropriations. [Roll call] This bill is out 5-0.
- Dave Cortese
Legislator
All right, the bill is out on an unanimous vote. Thank you and welcome you back to the dais. We're going to lift the call now before we move on to Senator Durazo's next bill.
- Committee Secretary
Person
Alma, I'm going to start with the consent items and then go on file order. He's the only one who hasn't voted on consent. And then we have a bunch.
- Committee Secretary
Person
We're going to start with the consent items, which are on call. File items number 6, 10, 13, and 15. They are all on consent. Senator Wilk?
- Scott Wilk
Person
Aye.
- Committee Secretary
Person
Wilk, Aye. Those bills are out 5-0.
- Dave Cortese
Legislator
All right, the consent calendar is out 5-0, so that became unanimous us. And now we'll move on to lift the call and the other items.
- Committee Secretary
Person
File item number one, SB 525, the motion is do pass. But first amend and re refer to the Committee on Appropriations. Senator Wilk.
- Scott Wilk
Person
No.
- Committee Secretary
Person
Wilk. No. That bill is out four to one.
- Dave Cortese
Legislator
All right, the bill is out four to one.
- Committee Secretary
Person
Moving on to file item number two, SB 252. The motion is do passed. But first, we refer to the Committee on Judiciary. Senator Wilk.
- Scott Wilk
Person
No.
- Committee Secretary
Person
[Roll Call] This bill is out four to one.
- Dave Cortese
Legislator
All right, SB 252 is out on a four to one vote.
- Committee Secretary
Person
File item number three, SB 352, the motion is do passed. But first, we refer to the Committee on Housing. [Roll Call] This bill is out four to one.
- Dave Cortese
Legislator
All right, SB 352 is out on a four to one vote.
- Committee Secretary
Person
File item number four, SB 399. The motion is do passed. But first re-referred to the Committee on Judiciary. [Roll Call] This bill is out four to one.
- Dave Cortese
Legislator
All right, SB 399 is out on a four to one vote.
- Committee Secretary
Person
File item number five, SB 461. The motion is do pass. But first we refer to the Committee on Judiciary. [Roll Call] This bill is out five to zero.
- Dave Cortese
Legislator
SB 461 is out on the unanimous vote.
- Committee Secretary
Person
File item number eight, SB 627, the motion is do pass. But first, amend and re-refer to the Committee on Judiciary. [Roll Call] This bill is out four to one.
- Dave Cortese
Legislator
SB 627 is out on a four to one vote.
- Committee Secretary
Person
All right, last one. File item number 11, SB 623. The motion is do pass. But first re-refer to the Committee on Appropriations. [Roll Call] This bill is out five to zero.
- Dave Cortese
Legislator
SB 623 is out on a unanimous vote. Thank you. Senator Durazo: SB 822, you're welcome to present at this time. Yes, please.
- María Elena Durazo
Legislator
Thank you, Mr. Chair and Members. First, I want to thank the committee for your extensive and thoughtful work on this topic in our joint informational hearing on March 22, and in the analysis of this bill. I agree with the clarifying amendments that are detailed on pages 4 and 5 of the analysis. SB 822 will establish agreements between state agencies to advance high-road procurement, contracting, and incentive programs.
- María Elena Durazo
Legislator
These agreements shall include policies and programs to create or support high-quality jobs in the energy, resources, and transportation sectors and expand equitable access to those jobs through high-quality education and training. The bill creates an interagency high road team responsible for developing evaluation metrics for applicants seeking to do business with California. In a 2020 report to the legislature entitled "Putting California on the High Road, a Jobs and Climate Action Plan for 2031, "one key recommendation was - may I read this paragraph to you?
- María Elena Durazo
Legislator
Thank you. "The California Workforce Development Board should develop a technical assistance team to help agencies responsible for implemented climate policy as they seek to incorporate high-road workforce interventions. Agencies administering climate investments and policies have limited experience and training to assess when, where, and how to incorporate the tools and approaches outlined in this project." We are in the midst of an industry changing moment in the infrastructure, manufacturing and sustainability sectors.
- Dave Cortese
Legislator
Yes.
- María Elena Durazo
Legislator
Yet, unlike prevailing wage and public's works jobs, public investments in non-construction industries lack the administrative, enforcement, and statutes to make an impact on improving job quality. The research is clear that absent state policy, these green jobs will not be the quality jobs that currently exist in fossil fuel industries. Currently, green jobs pay 40% less than fossil fuel jobs. Fossil fuel occupations pay an hourly wage that allows working adults with less than a college degree to provide for their family's needs.
- María Elena Durazo
Legislator
In the coming years, we will have the opportunity to determine how billions of dollars are spent in our state. A commitment to climate should mean a commitment to men and women who work from our communities. This bill is focused on strengthening California's commitment to a worker-centered economy by setting up the administrative architecture to develop and enforce the standards throughout all of California's contracts, grants, and incentive programs. This bill is about protecting and enhancing our investments.
- María Elena Durazo
Legislator
We have a legal responsibility and a fiduciary duty to protect our state investments and a moral responsibility to taxpayers. SB 822 is a key piece of protecting and maximizing our historic investments for the benefit of working Californians. Today, we have Sarah? Okay, Sarah Flocks testifying in support of SB 822. Thank you.
- Dave Cortese
Legislator
Sarah.
- Sara Flocks
Person
Mr. Chair and Members: Sarah Flocks, California Labor Federation, and I would like to thank the author so much for working so hard in this area. We do have the opportunity to use the billions of dollars coming into our state to make sure that green jobs are good jobs because environmental justice really depends on economic justice as well. And like the author said, we're talking about manufacturing. We're talking about a whole range of different jobs, not just construction. And so we have a model in construction.
- Sara Flocks
Person
And then when you look at, "Okay, what is this money going to?" It's going to electric buses. It's going to just a whole range of different projects. And so there's not a one-size-fits-all approach that we can just kind of put on all of these to say, like, here's the labor standards. And a lot of times, people really love the shiny new object.
- Sara Flocks
Person
They love saying, "Oh, we've attracted this company to come to the state, but we also have to look at the businesses who've been here for 100 years, who may be union companies who want to get transition into the green economy." So this bill is really so important because it is building up the infrastructure to be able to do that and creating the team that can work with each agency and say, this is how you do it.
- Sara Flocks
Person
You may be CARB, and you may know nothing about labor standards. We are going to help you do that. And they are; CARB has hired labor specialists. And so there is such a great opportunity to really bring environmental and economic justice together. And I think this bill lays the foundation and we are proud to support.
- Dave Cortese
Legislator
Thank you. I'm understanding there is no other lead support witness is there anyone else in the room who wishes to express support? If so, please come forward. At this time, seeing none, is there an opposition? Witness seeing none, is there anyone in the room who wishes to express opposition, please come forward. Seeing none, moderator if you would please queue up opposition and support on the teleconference line, we would appreciate that.
- Committee Moderator
Person
Of course. Ladies and gentlemen, you wish to make a comment in support or opposition, please press 1-0 right now. And there's currently no one queuing up at this moment.
- Dave Cortese
Legislator
Thank you, moderator. We will come back to the Committee and Senator Larid?
- John Laird
Legislator
First, I want to thank the author, for you can't say veering in this direction because she's been there for a long time. And last year, when we had the Senate climate working group, we really worked on a high-road labor plan. And Senator Durrazzo amended what we had agreed to into an Assembly Bill, I mean, into a bill in the Assembly and didn't survive.
- John Laird
Legislator
And so one of the reasons I'm a co-author of this bill is because we had an agreement within the Senate majority about where we should go and how this was an important part, and that we couldn't be talking about climate without talking about equity on a number of different levels. And this is a piece of it.
- John Laird
Legislator
And we actually hashed it out because there were certain places where it was hard to do project labor if it was a really small well capping, and we figured out how to group them together and make the project big enough that you could do it. And so I think this is a step in the direction of where the agreement was last year. And I really salute Senator Durazo for sticking with it.
- John Laird
Legislator
And I think this is an important bill and at the right time, I'll be happy to move it. Actually, if this might be the right time, I move.
- Dave Cortese
Legislator
We'll acknowledge that at the right time. Thank you. Yes, Senator.
- Lola Smallwood-Cuevas
Legislator
And I just wanted to add. Thank you, Mr. Chair. Thank the author for this important piece of legislation. We've had long conversations just not too long ago just about how important equity and equitable access is in this future technology climate resilience economy that we're building. This is definitely the step in the right direction, and excited to support this policy. Thank you.
- Dave Cortese
Legislator
Thank you, Senator. Let me just say, Senator Durazo, it's been a pleasure. I know there's a lot more work to do, but it's been a pleasure working with you, actually through the interim recess, with subcommittee staff, with the committee staff here in this space, in this area.
- Dave Cortese
Legislator
And I'm very grateful that you and your specific team has come up with this particular bill, which I hope is part of and I know you hope for the same, and we have other colleagues that hope for the same, that there's several bills that move in this direction this session that can get where we want them to be, which is the governor's desk.
- Dave Cortese
Legislator
So thank you for your part today in this, and I would certainly love to be a co author added on at some point in time. In that same spirit. With that, we do have a motion by Senator Laird and Senator Durazo. You're welcome to close.
- María Elena Durazo
Legislator
Okay. Thank you very much. And each of you your comments were part of my closing comments because this is really the result of working with each of you. And I do commit, Senator Smallwood-Cuevas on the issue of integrating the equity piece more throughout this bill. So make that commitment to you on the language, make those changes. But it's great to have colleagues who believe in these same things, and we're going to just keep moving forward.
- María Elena Durazo
Legislator
And I just want to end with something that took longer than it should have, but it's done. LA Metro adopted a manufacturing careers policy where they would apply high road standards to the purchases of manufactured transit equipment. So this has happened a little bit more and with all of your support, we're going to make it happen a little bit faster. Because if we want to clean our air, we want a clean water, we want a clean world, right?
- María Elena Durazo
Legislator
We have to make sure that we move faster on the kinds of jobs that could be created and make sure that they're high-road, highly paid, and highly trained. So, with that, I respectfully ask for your aye vote.
- Dave Cortese
Legislator
Thank you, Senator Durazo. And before we take the roll call, I just want to make sure we get on the record that you've accepted the committee amendments on the bill.
- Dave Cortese
Legislator
All right. Thank you so much. We'll turn to the chair. I mean, the assistant. Pardon me. We got the motion on the record, so please call the roll call vote.
- María Elena Durazo
Legislator
Yes.
- Committee Secretary
Person
File item number 12, SB 822. The motion is do pass, but first amend and re refer to the Committee on Governmental Organization. [Roll Call] This bill is out four to one.
- María Elena Durazo
Legislator
Thank you, Members.
- Dave Cortese
Legislator
Four to one vote. I'm going to turn the gavel over to our esteemed Vice Chair, and if he allows me to do so, I'm going to start presenting bills.
- Committee Secretary
Person
File item number 16.
- Scott Wilk
Person
All right, in deference to lead witnesses, we're going to go a little bit out of order. We're going to start with file item number 16. SB 433.
- Scott Wilk
Person
Yes. Senator, whenever you're ready.
- Dave Cortese
Legislator
All right, I appreciate that, Mr. Chair and colleagues. Well, these notes said, good morning. Obviously, somebody made a very poor estimate of the duration of this committee today. Thank you for allowing me to present. SB 433 provides parity to classified employees in schools by guaranteeing that their disciplinary appeals are heard by an unbiased third-party hearing officer. Under current law, teachers already have this right.
- Dave Cortese
Legislator
If a K12 teacher chooses to appeal a disciplinary decision made by their district, it's overseen by the Commission on Professional Competence Committee. Community college faculty are also guaranteed a third-party arbitrator, paid for by the district. Classified employees, however, are not guaranteed the same right under current law. If a classified employee appeals a disciplinary decision, they are appealing to the school's governing board. This is the very board involved in the initial decision to discipline them in the first place. This system is not equitable.
- Dave Cortese
Legislator
It denies many employees a fair hearing. And while classified employees, represented by a union, can collectively bargain for a third-party hearing officer, the vast majority have not been able to. So what SB 43 does is it provides classified employees with the same rights as K12 teachers, community college faculty, and many other public employees. If classified employee unions prefer the current system, this bill would still allow them to negotiate for that in the collective bargaining agreements.
- Dave Cortese
Legislator
This bill is co-sponsored by the California School Employees Association, otherwise known as CSEA, and AskME. It's also supported by the California Labor Federation, the California Federation of Teachers. With us to testify today are Navnit Puryear with CSEA and Gladys Ramirez, a former CSEA Member.
- Navnit Puryear
Person
Good afternoon, Mr. Vice Chair, Members of the Committee, thank you for the opportunity to comment. Navnit Puryear on behalf of the California School Employees Association and our 250,000 Members across the state. So I'll keep it short. As the Chair mentioned, at its heart, this bill is really a parity bill. It's really about giving our members the same disciplinary appeal rights that teachers and faculty at the community colleges receive.
- Navnit Puryear
Person
This bill does not apply to egregious conduct, and it allows unions and districts to negotiate alternative disciplinary appeal agreements. Happy to answer any technical questions. Thank you, and I respectfully request an aye vote.
- Dave Cortese
Legislator
Thank you. Forgot that I'm not the chair anymore.
- Gladys Ramirez
Person
Good evening, Mr. Chair and members of the committee. Thank you for the opportunity to comment. My name is Gladys Ramirez, and I'm a proud former Member of CSEA. I worked as an administrative assistant at Vista Unified School District or 24 years. I loved my job. I was able to grow, learn, and obtain the skills I needed to do my job.
- Gladys Ramirez
Person
For the kids in the city of Vista, classified employees are essential in the backbone of our TK through 12th grade, in our schools, and also in our community colleges. We ensure schools are clean, children are fed and get to school safely. We do the work that most take for granted. However, even though we do this essential work, we are often denied basic disciplinary appeal rights and that are granted to teachers. Today, I'd like to share my story. I was active in my union as chapter president.
- Gladys Ramirez
Person
In January 2018. I spoke at a board meeting and raised concerns and issues regarding a climate survey we had conducted in our chapter. Shortly after, I was placed on paid administrative leave pending an investigation and eventually served with termination charges. I then requested a hearing where the hearing officer, an attorney hired by the school district, not surprisingly, sided with just district management. I was officially terminated by the school board on April 7, 2019.
- Gladys Ramirez
Person
On October 7, 2019, my union, CSCA, filed an unfair practice charge against Visa Unified for terminating me in retaliation with the Public Employees Relations Board: PERB. On January 20 and February 3 of 2021, there was a virtual formal hearing in which PERB issued a proposed decision. On June 28th of 2021, PERB found that bisonified school district violated the Educational Employment Relations Act by terminating me in retaliation for my protected activity.
- Gladys Ramirez
Person
This process has taken five and a half years, and my case is currently pending in the fifth appellate court. All of this could have been prevented if I had been allowed to appeal my termination to a neutral arbitrator instead of the school board. It would have saved this district time and money. SB 433 would require disciplinary appeal hearings for classified school employees to be conducted by neutral arbitrator instead of the school board.
- Gladys Ramirez
Person
This bill will also provide classified employees with the same disciplinary appeal rights that teachers and other public employees receive. I respectfully ask for your aye vote. Thank you.
- Scott Wilk
Person
Thank you. Any other witnesses in support? Name, organization and position?
- Tristan Brown
Person
Thank you, Mr. Chairman and Members: Tristan Brown with the CFT here in support and happy to be a co-sponsor and also been authorized by SEIU California to vocalize their support as well. Thank you.
- Scott Wilk
Person
Thank you.
- Mitch Steiger
Person
Mitch Steiger with the California Labor Federation, also in support.
- Scott Wilk
Person
Thank you.
- Christoph Mair
Person
Christoph Mair with the American Federation of State, County, and Municipal Employees. We are also a co-sponsor on the bill and urge your aye vote. Thank you.
- Scott Wilk
Person
Thank you so much. Any primary witnesses here in opposition?
- Chris Reefe
Person
Good afternoon or evening, Mr. Vice Chair and Members. Chris Reefe, on behalf of the California School Boards Association. So, on behalf of the School Boards Association, I just want to thank the author as well as the sponsors for meeting with us and trying to work with us on the bill. Unfortunately, we do have an opposed position on the bill. At its core, the bill really rests away the authority of a school board to make the ultimate decision on their personal matters.
- Chris Reefe
Person
When it comes to these kind of due process concerns, there are existing rights and processes by which a classified employee can pursue, and then the recommendation of a third party hearing officer that can already be done, currently goes to the board and the board makes that decision.
- Chris Reefe
Person
These are very lengthy at times, yes, appeals, but also involve the district's legal counsel. Our labor partners' legal counsel involves a lot of other advice in terms of the rights of the employee, and so we think that the existing process is adequate in terms of now requiring a third-party hearing officer. This really will impact disproportionately our smaller school districts. Right. These are our more rural school districts where maybe hearing officers, and the availability of hearing officers will be very limited.
- Chris Reefe
Person
Some of our rural districts have maybe like a list of two, three, or four hearing officers, and in many respects, a lot of collective bargaining agreements already reach agreement as to who the hearing officers are, and there's a share of cost between the district and our labor partners. This would actually place the full source of the cost onto districts and then also protract the negotiating construct in terms of who the third-party hearing officer can be.
- Chris Reefe
Person
And in so doing, then, could actually result in more protected third-party hearings and actually limit and maybe extend out that due process. So, for those reasons, we do ask for your no-vote. Thank you.
- Scott Wilk
Person
Thank you. Any other witnesses to do me-toos at this time? Seeing none. Let's go ahead and go to the teleconference again. We are discussing file item 16, SB 433. We will take both yay and nay. Comments Moderator, are you there?
- Committee Moderator
Person
And if you wish to speak on this issue, please press one, then zero at this time. Mr. Chair, We have no one queuing up to speak.
- Scott Wilk
Person
Okay, thank you, Mr. Moderator. Pull it back to the committee. Any questions? Comments? Concerns? Motions moved by Senator Durazo? Seeing no other comments, you may close.
- Dave Cortese
Legislator
Thank you, Mr. Chair. SB 433, as our lead witness said, is, at its core, a parity bill. Teachers, community college faculty, many other public workers already benefit from the right to a third-party disciplinary appeal. This only applies to appeals, not the initial decision. The bill extends the right to classified employees. That's really all the bill does. But it's very important to our classified employees to have that parity. So I respectfully ask for your aye vote.
- Dave Cortese
Legislator
Thank you, sir. Clerk, please call the roll.
- Committee Secretary
Person
File item number 16, SB 433. The motion is do pass but first we refer to the Committee on Education. [Roll Call] This bill is out four to one.
- Scott Wilk
Person
Bill is out four to one. Congratulations. Now we're going to move on to, I believe, file item 14, SB 334. Is that correct? Having to do with the Public Employment Relations Board.
- Dave Cortese
Legislator
Thank you. Thank you again, Mr. Chair and colleagues. SB 334 would give the Public Employee Relations Board, PERB, authority to conduct employer-employee relations studies concerning the impact on public employees of net zero carbon emissions initiatives, including collecting, analyzing, and making available related data. The state's focus on critical climate-first policies to move California to a green, carbon-free economy, as we've discussed earlier today, also creates challenges to traditional public employer operations and potentially disrupts their long-standing labor relations with their public employees.
- Dave Cortese
Legislator
In order to ensure that public sector climate adaption occurs in coordination with the state's existing public relations framework -public labor relations framework - and to avoid unproductive conflict, it's necessary to understand how new climate initiatives will affect public sector work. In this case, PERB is the appropriate place to look at this issue as they deal with labor relations at all levels of state and local government.
- Dave Cortese
Legislator
I will acknowledge that we're still working out details for this proposal, but ask that the Committee allow us to move forward so we can continue developing this important issue. And I respectfully ask for your aye vote I have no lead witnesses.
- Scott Wilk
Person
Okay, no lead witnesses. Any. Me too. Support witnesses in the room. Do you want to be lead witness, too? It's late. I'd say probably not. I think you got the votes.
- Christophe Mayor
Person
I'll save you all the time. Christophe mayor with California in support.
- Scott Wilk
Person
Okay. Thank you so much. Any opposition? Lead witnesses seeing none. Any opposition witnesses in the room seeing none. Let's take it to the teleconference line again. We will take both pro and con comments regarding file item 14, SB 334. Mr. Moderator,
- Committee Moderator
Person
if you wish to speak on SB 334 please press 1 and 0 at this time.
- Scott Wilk
Person
Thank you, Mr. Moderator. I'm assuming at this point, everybody went home. Okay. We're going to bring it back to the Committee, looking for any questions, comments, concerns or a motion. Senator Durazo, great work. We have a motion by Senator Derazzo. Seeing no other comments, sir. You may close.
- Dave Cortese
Legislator
I respectfully ask for your aye vote.
- Scott Wilk
Person
Clerk, please call the roll file item.
- Committee Secretary
Person
Number 14, SB 334. The motion is do passed, but first, re refer to the Committee on Appropriations. [Roll Call] That bill is out 4-1
- Scott Wilk
Person
Congratulations. You're on a roll. So let's keep going. Now, we're going to take up file item 17, SB 553. Having to do with occupational safety in the workplace. Thank you, sir.
- Dave Cortese
Legislator
Thank you again, Mr. Chair. And thank you, Members, for your continued patience. I'm pleased to present SB 553. It's sponsored by the United Food and Commercial Workers, UFCW and the Western States Council. And ask me. SB 553 would strengthen existing law related to workplace violence by expanding the ability of employers to ensure workplace safety and create additional enforceable protections for employees.
- Dave Cortese
Legislator
OSHA has identified workplace violence as the second leading cause of fatal occupational injury at the workplace and estimates that nearly 2 million workers are affected by workplace violence each year. As you may remember, on May 26 of 2021, a VTA, as in Valley Transportation Authority, Santa Clara County, entered the Guadalupe yard in my district and killed nine of his coworkers at the facility before taking his own life. In response to that tragedy, we were able to get SB 1294 signed into law. Thank you all.
- Dave Cortese
Legislator
The Bill promoted employee wellness and safety in high stress industries by creating a path to expand worker wellness centers. That was a good first step, but our work is not complete. Unfortunately, workplace shootings are not in common. Additionally, on August 172022 Manuel Hazar Cornell, a Safeway employee in San Jose, was shot and killed during a robbery inside the store. Also in my district, the Legislature, of course, all of us, have made some impressive strides on reducing workplace violence.
- Dave Cortese
Legislator
In 2017, after the passage of SB 1299, by then California State Senator Alex Padilla, Cal OSHA officially adopted pivotal healthcare workplace violence prevention standards. However, these standards only increase protections for healthcare workers, healthcare workers, including most of California's workforce. More than six years ago, Cal OSHA circulated a document outlining workplace violence prevention standards for non healthcare workers. This document, called the General industry Workplace Violence Discussion draft, has significantly weaker protections for all workers than the healthcare workplace violence standard.
- Dave Cortese
Legislator
It's also been over six years and Calocia has still not begun formal rulemaking on the standard. In fact, as of 2022, Calocia circulated a General industry workplace violence discussion draft. However, the draft list protections significantly weaker again than the healthcare workplace violence standard. So SB 553 will not only expedite workplace violence prevention standards for non healthcare workers, but it offers all workers the same protections that healthcare workers enjoy, meaning all employers need to participate.
- Dave Cortese
Legislator
Through articulated workplace violence prevention plans, data collection on workplace violence incidents, effective training, and expanding employee protections, SB 553 will help ensure accountability. We acknowledge that SB 553 is not going to eliminate all workplace violence. However, the Bill will better equip and prepare workers on how to respond when workplace violence situations arise. Here with us today is hector Moreno from UFCW Local five and Christophe Mayer in Association with AskMe and AFL CIOO.
- Dave Cortese
Legislator
Additionally, Jassey Greywall is here with the UFCW Western States Council in case any of you have any questions. Thank you and I respectfully ask for your aye vote.
- Scott Wilk
Person
Thank you, sir.
- Hector Moreno
Person
Good evening, chair and Committee Members. My name is Hector Moreno and I'm here today to testify in support of Bill 553 and urge this Committee to pass this important workplace violence prevention proposal. I have been a Member and representative with UFCW local five for eight years assisting and servicing workers in the grocery industry in the City of San Jose.
- Hector Moreno
Person
Through my experience as a worker at Lucky's and then Safeway for 27 years and servicing workers in the grocery industry, I have personally experienced workplace violence. I have heard of numerous stories from workers experiencing workplace violence. Today, I want to share with you a tragedy that happened in 2022 at Safeway in San Jose, where a UCW Member and grocery store worker paid the ultimate price and was murdered at work due to workplace violence.
- Hector Moreno
Person
On June 52022 I was informed via text by a Safeway worker at 04:00 a.m. That there was an active shooter at the store, 1483 and that Manny Isaac Wisarconejo had been shot and killed. I was half asleep when I woke up to the text message. I didn't know if I had read it right. I thought it was a dream. I woke up with my wife to make sure it was true, and she told me it was.
- Hector Moreno
Person
I got ready as soon as possible, head down to the store, but when I got there, it was already an active crime scene and I wasn't allowed in. The next day I showed up to the store and that's when I first encountered the workers in person. I wasn't prepared for what I was about to hear. I talked to workers, to two workers who had seen Manny get shot, and they were in complete shock and disbelief of what had happened.
- Hector Moreno
Person
Workers share that when they heard the gunshots, they didn't know what had happened and didn't know what they had heard. Some workers ran up to Manny to help him. Some workers went to hide, but none of them were prepared for what the situation. For that situation. Right after the incident, Safeway shut down the store for three days, provided trauma counselors for workers and talked through our health care benefits, brought in security guard and closed the store early.
- Hector Moreno
Person
11:00 p.m. As the weeks and days went by, the workers wanted more protection in their store so they could feel safe again at work again. If they wanted a loss prevention officer who can apprehend shoplifters, they wanted training on how to better prepare if this happened again. Workers are not prepared on how to handle shoplifting and active shooter situations. In the grocery store. Workers receive shoplifting training when they are first hired and that's it. The training is a vague 15 minutes long video and is interactive.
- Hector Moreno
Person
Workers can't ask questions and they never received the training again. It's not effective. There is currently no active shooter training in the stores. Two years later, I still feel the impact of the incident today. When I walk into a grocery store, I'm constantly checking my surroundings to make sure that there isn't anything out of the ordinary. The workers at the store also feel the impact of the incident today.
- Hector Moreno
Person
The workers are afraid to come to work, and when an incident does happen, they are terrified that someone will pull out a weapon and kill them. Grocery workers didn't sign up to get shot at. They wanted to be able to stock shelves without Fearing for their lives. Workers should not have to wake up each morning afraid that they will be assaulted or killed while at work.
- Hector Moreno
Person
Senate Bill 553 is not the silver bullet that will solve all of our workplace violence problems, but is a step in the right direction to adopt protections for workers on the job. Please vote yes on Senate Bill 553 to implement basic protections intended to keep workers safe while at work and ensure that workers are better prepared to respond to these incidents like what happened in San Jose.
- Scott Wilk
Person
Thank you, sir, and I'm sorry that you and your co workers had to go through that experience. I've known families that have gone through active shooting experiences and they're triggered for a long, long time.
- Hector Moreno
Person
Yeah, I suffer from PTSD today. That's why I'm always looking around. I just feel afraid like something's going to happen, just being around, like right now. That's why I just look around, because I'm afraid. And I didn't even realize I had PTSD.
- Scott Wilk
Person
Yeah. Well, thank you for sharing. Thank you.
- Christophe Mayer
Person
Thank you, chair and Members Christophe Mayer with the American Federation of State County Municipal Employees, appreciation to the author and to the Committee for your work on this Bill. And great appreciation to the author for his continued advocacy on behalf of workers who have been victims of violence in the workplace. It's difficult to stand here today and share with you the stories from AFSME Members on the increased threats of workplace violence that they face.
- Christophe Mayer
Person
From paramedics with local 4911, to workers with the La Metro Water District, to transit workers and librarians, our workers face physical assault, verbal abuse, sexual harassment, and even mass shootings. As the author mentioned in 2021. Ask me, local 111 and the amalgamated transit union Members were on the scene of one of the Bay Area's deadliest mass shootings, which occurred at the Santa Clara Valley Transportation Authority yard in San Jose. Nine people were killed that day, and then another person died by suicide afterwards.
- Christophe Mayer
Person
Workers witnessed unspeakable horror as they ran for their lives and subsequently attempted to rebuild and perform the essential duties for their community. Despite the trauma from the incident, workplace violence led to nearly 18,000 deaths over a 27 year period. According to a study from the National Institute on Occupational Safety and Health, around 1.3 million nonfatal violent crimes took place at workplaces annually just from 2015 to 2019.
- Christophe Mayer
Person
The healthcare workforce, with the help of many labor affiliates in this room, helped pass landmark legislation with the workplace violence prevention and healthcare standard to provide workers with protections and trainings on how to deal with violent incidents. We feel that all workers should be afforded this standard. Workers need basic safeguards and trainings on how to deal with workplace violence. Safety preparedness is an essential part of our daily lives, from earthquake drills to fire drills, et cetera. Can we prevent all incidents of workplace violence? Unfortunately, no.
- Christophe Mayer
Person
But we can and should act to maximize safety in the event that the unthinkable happens. And when the unthinkable happens, workers should have access to mental health care services to receive the care that they need to heal from the trauma. For these reasons, we urge your support of Senate Bill 553, and we appreciate you.
- Scott Wilk
Person
Thank you for your testimony. Do we have any me too. Testimony at this point. So name organization position. Mitch Steiger with the California Labor Federation, also in support. Thank you.
- Navnit Puryear
Person
Navmeet Perrier, on behalf of the California School Employees Association, also in support.
- Tristan Brown
Person
Thank you. Tristan Brown with the Federation of Teachers, as well as the permission of the. SCIU State Council in support.
- Louie Costa
Person
Thank you. Louis Costa with the sheet metal, air, rail and Transportation Workers smart Transportation Division in support. Thank you. Thank you. All right. Do we have any lead witnesses in opposition.
- Robert Moutrie
Person
Thank you. Robert Mutrie, California Chamber of Commerce. Good evening, everyone. Some of you I saw late last night as well. I think so. Good to see you again. I'll try to be brief, though. This is a complicated Bill. As I said, we are opposed to SB 553. Before I get to substance, I want to be clear. We are not opposed to dealing with workplace violence, and certainly the tragedies discussed are just that.
- Robert Moutrie
Person
We could have a longer discussion about the causes there, mental health issues, public safety issues, drug issues, every piece of it, but not for tonight. I also want to emphasize a piece that was not mentioned here. Section one of the Bill relates to the ability to seek workplace violence tros by unions for workers. We're not opposed to that piece of the Bill. We've spoken to the office about it, and that's not a place of our concern. So we're clear.
- Robert Moutrie
Person
I want to touch on the other pieces regarding the ongoing regulatory process. There was some history discussed about Kalosha's passage of the hospital's workplace balance regulation. One of our issues we've raised with the author is that Calocia is attempting to craft a broader all workplace regulation, and I've spoken to their staff on this.
- Robert Moutrie
Person
And the reason that's taken some time to do is it is much harder to write a regulation that covers everything from a business with one employee, which this Bill would cover, to a theme park. Hospitals are much more similar to each other and have much more significant resources, which is why crafting a multi workplace standard has taken time. I also want to touch on that six year issue.
- Robert Moutrie
Person
One of the issues there, and I spoke to Kalisha staff on this as well, is that for maybe five of those six years, they've either been working on the emergency wildfire smoke regulation, which was a rush pre Covid for those of, and that was obviously a topic of great interest for the Legislature, and then the COVID regulation, which really consumed their staff time. So we can talk about those years. But I want to be clear. Those years were not sitting idle.
- Robert Moutrie
Person
They were essentially consumed by what had to be dealt with. Right now and now they are back on this. I'm so sorry. I'll just throw my glasses. And then we've touched on those. I want to touch on one other piece. There's a lot in this Bill. Obviously, it would take longer, but one other piece I want to flag. We've had a lot of discussion of physical violence around this in the testimony, and those, of course, are terrible.
- Robert Moutrie
Person
But I want to be clear that this Bill goes far beyond physical violence. In fact, the definition of workplace violence taken in this Bill expands even far beyond what Calosha has proposed. Kalosha's definition includes physical violence or verbal threats of violence or events, including weapons such as guns, knives, things like that.
- Robert Moutrie
Person
This Bill takes a definition that goes into what is otherwise in labor law considered harassment, and goes into, and I'll try to quote it, conduct that alarms, annoys, or harasses an employee, including verbal harassment, based on a protected characteristic. Another issue that we have is that that is an issue we view as covered by existing labor law protections around harassment, and we do not view that conduct as violence by any definition, nor, in an efficiency sense, that conduct as well suited to Cal OSHA.
- Robert Moutrie
Person
After all, Cal OSHA's inspectors are not labor law attorneys and are not suited to handle that harassment. They're workplace safety folks. When you talk about where to put a divider or where to put alarms, they can have that technical knowledge. But when you talk about how to handle that harassment, we don't think this is suited for them. So obviously, it's a lengthy Bill, and there's a lot of other pieces in the plan, but those are the brief touches I want to flag.
- Robert Moutrie
Person
zero, and there is one other, there's a mention of loss prevention. I want to briefly touch on that because it was raised. I've spoken to stores and this, one of the issues around loss prevention issues is if you have a lost wrench in person, kind of, and this is in the retail context, who is physically attempting to intervene regularly? Right.
- Robert Moutrie
Person
First, there's a matter of collateral damage, where if you arm that lost wrench in person, there's risks there. If they're physically intervening, there's liability risks there. And I've tried to talk to others about trying to address those issues to encourage that behavior. That issue is obviously not in this Bill, but I wanted to flag some of the restraints on us when we talk about a loss wrench in person.
- Robert Moutrie
Person
Another issue in this Bill I've raised and I hope to address is this Bill would presently prohibit, I believe, employees from approaching, I will say concerning individuals. The Bill does not have an exemption, to my knowledge, for loss prevention employees from being prevented to approach. So I don't know that that conduct is even doable under this Bill presently. So sorry. That went longer than I intended. But for those reasons, we are respectfully opposed. Thank you.
- Scott Wilk
Person
Thank you. anybody else want to add a metoon opposition? Don't be shy.
- Ryan Allain
Person
Ryan Elaine with the California Retailers Association would just like to align my comments with the chamber in respectful opposition. Thank you.
- Ben Abe
Person
Thank you, sir. Ben Abe, on behalf of the California League of Food Producers, also in opposition. Thank you.
- Scott Wilk
Person
With that, we are now going to go to the conference line again. We are discussing file item 17, SB 553. Mr. Moderator, are you there?
- Committee Moderator
Person
Yes, and if you wish to speak on SB 553, please press one, then zero at this time. We'll start with line 306. Please go ahead.
- Rebecca Baskins
Person
Good evening. Rebecca Baskins, on behalf of American Pistachios growers, California Fresh Fruit Association and other ag organizationS, in opposition. Thank you.
- Scott Wilk
Person
Thank you.
- Committee Moderator
Person
And we'll go to line 305. Please go ahead.
- Matthew Sutton
Person
Thank you. Matt Sutton with the California Restaurant Association, in opposition as well, because of the broad definitions.
- Committee Moderator
Person
Thank you, sir. And, Mr. Chair, we have no one else wishing to speak. Please go ahead. Okay. Thank you so much. Now we'll bring it back to the Committee for questions, comments, concerns. Senator Durazo?
- María Elena Durazo
Legislator
Yes. Just thank you to the author and appreciate very much the witnesses who shared their stories. I cannot imagine the difficulty that tragedy has placed you in. So appreciate your BeIng here. I guess kind of a comment question is, I'm a little greatly bothered that something as simple as putting together a plan, some training on how to address workplace violence that there would be such opposition to.
- María Elena Durazo
Legislator
So I guess my question is, do YoU see any glimmer of hope that the opposition would agree to something like this? Are they COMpLetELY opposed? I'm just really upset that something as basic as this, that everybody should be jumping on board together. I'm not saying you immediately know the wording of the language or the issues that have to be addressed, but this should be an easy subject for everybody to work on.
- María Elena Durazo
Legislator
And so maybe I'm a little naive as to what's going on here, but it seems so simple. And yet I heard nothing but opposed. Not opposed with this change or that change, but just opposed.
- Dave Cortese
Legislator
Yeah. Thank you, Senator Durazo. I appreciate your comments. I suppose. Let me answer it three ways. I think to the extent we hear more comments on the support side that really kind of expose the fact that we have a tremendous problem here, we need the partnership of the employers, not just the organizations that represent employees or the employees themselves who we heard speak here today, and there's many, many more, as we know. There's families of people who've been deceased.
- Dave Cortese
Legislator
There's district attorneys who are promoting the red flag laws that really aren't reflected in the current plans. We have plans, as we all know, on this Committee that have to be submitted. This is basically just going in and saying, make sure those plans cover this level of workforce violence that we're seeing today. I spoke to a large gathering of human resource professionals here today, and I really tried to make the point to them, not on this Bill. I wasn't there to pitch this Bill.
- Dave Cortese
Legislator
I was there to pitch to them that we need your partnership in this area. The employers who work on that side of things, especially on the human resources side of things, have so much to offer us in helping shape, where we go to make sure we're really hitting the mark that we are structuring things properly.
- Dave Cortese
Legislator
So I think to get to where we neutralize opposition or get support in some cases, we're going to need to continue to invite that kind of collaborative cooperation, which I would tend to agree should be there on the natural, it should really be there. That doesn't mean we won't work to go get it. I will work to go get it. I want to acknowledge on a couple of points that were made, first of all, by the opposition.
- Dave Cortese
Legislator
We did offer to amend the Bill in this Committee to deal with a couple of the issues mentioned, and those are here on the record. On the issue of security, we will deal with that. The timing of this Committee hearing and our work in that regard didn't intersect exactly perfectly. But to show the good faith that we recognize that in high security situations, you have to have employees that can be prescribed to go put themselves between harmful agents and the rest of the environment.
- Dave Cortese
Legislator
I mean, that has to happen. So there has to be some additional language. We did that with CDCR so far. Obviously, CDCR, when you start talking about a Bill that's going to affect every employer, can't be the only place where you have a security car. But what the Bill says, which is bothering people in that regard is, again, I think, easy to fix is, look, you can't go prescribe a rank and file employee. That's the intent. Hey, look, there's a shoplifter. You go chase them down.
- Dave Cortese
Legislator
This is how people get killed at Safeway. I actually have a first cousin who was shot in the face trying to go into a phone booth to call law enforcement because somebody was trying to hold up the Safeway some years ago. Great police recognized him as one of the heroes in San Jose that year. But that's a small consolation when you're going through the trauma, the PTSD, years of plastic surgery and everything else you can imagine.
- Dave Cortese
Legislator
So we don't want our employees on a rank and file basis to be prescribed to do that work when they aren't trained to qualify. And we're not asking that these plans have a training program for rank and file employees to go do that work. We're seeing the opposite. For security, you got to have security people do that work. But we will work with the opposition on each one of these points and get as many of them, whatever they are addressed.
- Dave Cortese
Legislator
If they're not addressed already, I will acknowledge the security piece. It's not a hard drafting job. We'll work with Ledge Council on that and the opposition, but it's an example of a place where we have a little more work to do.
- Scott Wilk
Person
So, Senator Cortesi, I think Cal Chamber wanted to try to answer your question. Senator Hurtado, did you want to? Because you were sitting down and now you're up. Okay. Can you come to the mic?
- Unidentified Speaker
Person
Yes, we will work. We have met, and I think some of the amends taken in Committee were suggestions of ours to improve pieces. So we are trying to have those conversations where we can. Obviously things are difficult, but where we can, we are trying to.
- Scott Wilk
Person
All right. Thank you.
- Lola Smallwood-Cuevas
Legislator
I just wanted to thank the author for bringing this Bill forward. And I just had the opportunity to be with my kids last week during the break, and they were talking about the plan that they have at their school because of the rash of shootings and all of the news that has been out lately. This was part of our conversation.
- Lola Smallwood-Cuevas
Legislator
And they talked about how prepared they felt on their campus and the plans and how that shared and how it was a collaborative effort in terms of input on how that plan happened. And so as I thought about the moving testimony from the workers and the loss, we have our students and our children coming home because they have a plan, but then their parents may not come home from work. And to me, that's something we've got to fix.
- Lola Smallwood-Cuevas
Legislator
And so I'm very glad that you're bringing this Bill and that we are going to move forward with protecting our children and their parents and particularly in their workplace. So thank you.
- Dave Cortese
Legislator
Thank you.
- Scott Wilk
Person
Yeah. I did not. I'm sure you're going to take the amendments that your Committee is doing.
- Dave Cortese
Legislator
They're author amendments, but the Committee is right.
- Scott Wilk
Person
Okay, good. I just want to wrap up before we go to a vote, knowing people who've gone through active shooter incidents, and I know how devastating it is, not only that event, but the aftermath of that. So I'm very sympathetic. So I'm voting for this Bill today. You are an author that I've noticed. Very diligent in working like Senator Durazo, I was really shocked by how large the opposition is to this Bill.
- Scott Wilk
Person
So I want you to continue to work this and see if we can't find that sweet spot that tries to protect everybody's interest. So I'm sure you will get there. So with that, we'll allow you to close. Did we get a motion? I don't recall. Need a motion, so move. All right, we have the motion. And please close.
- Dave Cortese
Legislator
Thank you very much, Mr. Chairman, I've heard you testify before about your own lived experience around these issues, and I very much appreciate you bringing that compassion into these hearing rooms to share with the rest of us. Look, the opposition has been working with us, and us with them on the OSHA issue. This isn't something that could wait another six years or eight years or two years or any number of years.
- Dave Cortese
Legislator
We do have the power as a Legislature to speed things up when we see them taking longer than the ills of society would require of us. I would say not to shame anyone on the business side. I am a business investor myself and an employer. But I will say that we have middle schools in our district that have set up plans equally sophisticated to what we're calling here and stood up wellness centers and coordinated services.
- Dave Cortese
Legislator
If we can do that in the best middle schools in the state, we can certainly do it in corporate California. So, with that, I would respectfully ask for your. I vote okay.
- Scott Wilk
Person
Thank you. With that Clerk, please call the roll.
- Committee Secretary
Person
File item number 17, SB 553. The motion is do pass, but first, amend and re refer to the Committee on Rules. [Roll Call] This Bill is out five to 5-0.
- Scott Wilk
Person
Congratulations.
- Dave Cortese
Legislator
Thank you.
- Scott Wilk
Person
Now, I believe we're moving to file item 18, SB 631. And I believe this is the final Bill of the day. I'm very upset we're ending so soon, but with that, we were going to turn the floor over to Senator Cortese.
- Dave Cortese
Legislator
Thank you. One more time. One last time. For today, Mr. Chair and colleagues, I'm pleased to present SB 631. It's sponsored by the California Applicant Attorneys Association. This Bill aims to address potential gender based disparities in workers 'compensation benefits. I believe it is essential to protect the rights of injured workers and ensure that they receive the benefits they're entitled to under the law. I will remain steadfast in fighting for the rights of workers in California.
- Dave Cortese
Legislator
And while the need is apparent, quantifying these inequalities is vital to igniting reform. We've learned that if you don't have the study that backs up and gives you the data that you can bring right back to these hearing rooms, at some point you're not going to be able to do the reform work that's necessary.
- Dave Cortese
Legislator
So the comparative analysis that's asked for in this Bill, what it'll do is it'll examine the differences between industries, the rate of claim denial and compensation paid to identify any gender based disparities. And by identifying and addressing those disparities in workers compensation benefits, SB 631 will help ensure that all employees are fairly compensated for injuries sustained in the course of employment.
- Dave Cortese
Legislator
Overall, SB 631 is an important step toward promoting gender equity in the workplace and ensuring that all workers receive the benefits they're entitled to under our workers comp system. With me here today, I have former Assemblymember Alberto Torrico, on behalf of the California Applicant Attorneys Association, in support of this Bill, and at the appropriate time, I will respectfully ask for your aye vote.
- Scott Wilk
Person
Mr. Toricco, you have 2 minutes.
- Alberto Torrico
Person
Thank you for your generosity, Senator. I'll use it wisely. Let me first say, good early evening, Senators. It was a nice day outside. You probably missed it. No, I mean that with all sincerity. Last year, Alberto Torrico, on behalf of the California Applicant Attorneys. Last year we ran a Bill with Senator Limón, and the premise of the Bill was that I think it's well documented that there is a difference between the wages of men and the wages of women, men and women.
- Alberto Torrico
Person
Those differences are exacerbated if you take into account women of color, African American, Latina, Asian, Native American women, because workers' comp benefits are based on wages. That creates an automatic imbalance and difference in workers' comp benefits. So we tried to do a Bill that would address that directly. Senator Durazo, remember Senator Laird, Senator Cortese, the Bill, we didn't get the Bill out of appropriation last year because there were too many unanswered questions. This study attempts to answer those questions as Senator Cortese described.
- Alberto Torrico
Person
The study will be conducted by University of California Labor Center at Berkeley, and the objective is to demonstrate fully and objectively that there are differences in workers' comp benefits that are solely, we believe, attributable to gender differences and gender bias in the workplace. I have talked to the opposition this evening about one small amendment that they have asked us to consider, which we will, which is including in the study the reason for the denial of the benefit. So I think that's a reasonable amendment. I will take it back to the applicant attorneys for consideration. So with that, I hope I'm under the 2 minutes. Senator, respectfully ask for an aye vote.
- Scott Wilk
Person
You're not, but I'm in a good mood today. Anyone else? Do I have any me too's in support. Seeing none. I have a primary witness in. Oh, tweener. Love tweeners.
- Jason Schmelzer
Person
Glad to bring some love to the Committee today. Thank you, Mr. Chair and Members Jason Schmelzer here today on behalf of the California Coalition on Workers' Compensation and PRISM, Public Risk Innovation Solutions. You heard me earlier complain about data. You're not going to hear me today right now complain about data. I'm sure you're all very relieved.
- Jason Schmelzer
Person
I just want to say, first of all, thank you to the Senator and his staff. We've had some really good conversations. I really appreciate the open door. Hopefully those conversations continue. As I've said before, many of you have heard me. Some of you will get used to it soon. We like data. We like data a lot. So we tend to like the approach that's taken in this Bill.
- Jason Schmelzer
Person
We think data is good for making wise decisions, and if there's a problem in the system, we want to know about it as well, and we want to be partners in fixing it. I think what we're looking for is just a few small adjustments. And before I get to that, I'll give you the official position. We're opposed unless amended, but support if amended. How's that for a tweener? So I'd like to focus on the support if amended part because I think that's the important piece.
- Jason Schmelzer
Person
We like the Bill in its current form, partially because it's neutrally framed. Really appreciate that. We're going into a study. We want to kind of dispassionately study the issue, but we would make two suggestions that we think would improve the Bill, and hopefully the Senator would consider them. First, we'd like to move the study away from UC Berkeley over to the Commission on Health and Safety and Workers' Compensation.
- Jason Schmelzer
Person
That is a Commission set up by the State of California that includes four Members of labor and four Members of management. It was created specifically for studying the health and safety and workers compensation system in the State of California and making recommendations to all of you. So we think that is the most appropriate body. Those folks are appointed by the Governor, the pro tem, and the speaker. There are Members of labor unions, there's Members of the employer community that have great expertise.
- Jason Schmelzer
Person
So we would like to see the study moved there because we think it's more appropriate. Secondarily, in terms of the scope of the study, I think it's fine, neutrally worded. Appreciate that. But since if it does go to the Commission, what we'd like to see is that the scope be slightly left open. There are interesting questions that those folks may decide that they want to study that are within range, but maybe aren't necessarily called out by the Bill.
- Jason Schmelzer
Person
So I would like to give both the Members of labor and management on that Commission the ability to help frame that study more completely. And with that, I'm not going to urge you to vote anyway. Just hopefully we can get there, Senator, and look forward to continuing the conversation.
- Scott Wilk
Person
Well, I'm just the Vice Chair, but I learned tonight that tweeners get 4 minutes instead of two.
- Faith Borges
Person
I'll be more succinct with my tweener position. Faith Borges with the California Association of Joint Powers Authorities, sharing the same position of oppose unless amended, but support if amended, and would like to also thank the sponsors. We did have a good conversation about our additional request, but you see me in here all the time talking about data being king or queen, and we're very supportive of the role that it plays in informing good public policy.
- Faith Borges
Person
For all the reasons that have been stated here today, we have asked that in addition to studying the number of denials that there are studies on the reason for denials, not all denials are frictional. It may be a negative COVID test, it may be that there isn't a diagnosis. It may be that the injured worker didn't want to sign over their medical records.
- Faith Borges
Person
Not everything is frictional, and we think that's important to document as well so that we have a complete understanding, as my colleague Mr. Schmelzer stated, on where the remaining points of friction are and the best ways to move forward in addressing those. So thank you for your time all day.
- Scott Wilk
Person
Great. Thank you so much. My favorite author, Mr. Chair. And you are the Chair right now.
- Dave Cortese
Legislator
Correct.
- Chris Micheli
Person
Chris Micheli, on behalf of the Association of Claims Professionals in the same position as previously iterated. Thank you.
- Scott Wilk
Person
Thank you, sir.
- Robert Moutrie
Person
Robert Moutrie California Chamber of Commerce. Also opposed, unless amended.
- Scott Wilk
Person
Thank you.
- Cameron Demetre
Person
Good evening, chair and Members, Cameron Demetre, on behalf of the American Property Casualty Insurance Association, also in opposed, unless amended position. Thank you.
- Scott Wilk
Person
Great. Thank you. Seeing no more, let's go to the teleconferencing line. Again, we are talking about file item 18, SB 633. We will take testimony in both support and opposition. And as a reminder, this is just me too. So it'll be your name, organization, and your position with that. Mr. Moderator, go.
- Committee Moderator
Person
Thank you, Mr. Chair. And if you wish to speak on this item, please press one, then zero at this time. Mr. Chair. We have no one queuing up at this time. Back to you.
- Scott Wilk
Person
And thank you for all your efforts today. We really appreciate it as a Committee. Okay, we're going to bring this back. Questions, comments, concerns? You guys running out of steam on me? Come on. Okay, so we have a motion. So that's good. So I was just curious about. I guess a couple of people had concerns about. Where was that? We have an existing agency that might be better to do that analysis. Your thoughts on that?
- Dave Cortese
Legislator
I think, first of all, I appreciate the cooperation, and we'll continue to cooperate with those concerns. I'm not sure if this is indeed as objective as people have said on both sides that it is. That it then doesn't just come down to who you expect will really roll up their sleeves and get this done and get it back to us so we can keep working and move on to other things.
- Dave Cortese
Legislator
I have a tremendous amount of faith in the labor center because they just tend to do that. They roll up their sleeves and turn things around. I'm not that familiar with the other group, but let us get a little more familiar with it, see if my confidence level can rise to that level. And if so, we'll absolutely consider that.
- Scott Wilk
Person
Great. Appreciate that. Seeing nothing else, we have a motion. So with that Clerk, please call the roll.
- Committee Secretary
Person
File item number 18, SB 631. The motion is do pass, but first we refer to the Committee on Appropriations. [Roll Call]. This Bill is out four to zero.
- Dave Cortese
Legislator
Okay, thank you.
- Dave Cortese
Legislator
Thank you. To all the individuals who participated, especially in public testimony today. If you were not able to testify today, we want to remind you that you can submit your comments or suggestions in writing to this Committee, the Senate Labor Public Employment Retirement Committee, or visit the website and lodge your comments or concerns there. Your comments and suggestions are indeed important to us. We want to include your testimony in official hearing records, which will be reviewed going forward on all these bills by many, many people.
- Dave Cortese
Legislator
So, again, we thank you and appreciate your participation. We do appreciate the patience and cooperation today with the length of the hearing. I think we had to exercise some patience as well. There's only so many rooms here, and we need to share at times. And that's what happened. So we've concluded the agenda. The Senate Labor Committee on Labor, Public Employment and Retirement is now officially adjourned. Thank you. And thank you very much to the staff.