Assembly Standing Committee on Labor and Employment

Good afternoon. Welcome to the Assembly labor and Employment Committee hearing. Reminder for our witnesses today, for each Bill, we will take two main witnesses in support and two main witnesses in opposition. Each primary witness will get up to two minutes each for additional public comment. We ask that you state your name, affiliation, and position on the Bill. We are going to be starting as a Subcommitee. I'm not sure if I said that already. And with that, we will take our first Bill, which is item number three, SB 1298. Cortese Senator.

Thank you, Madam Chair Members, but I've been waiting so long in most of these committees, I was really surprised to be called first. I should know better. I'm very happy to be here to present SB 1298. I will be accepting the Committee amendments from the Assembly Natural Resources Committee. I want to get that on the record.

This Bill increases the threshold for data center eligibility under the small power plant exemption process from 100 mw up to 150 mw. So it increases that threshold. California law currently allows the California Energy Commission to have exclusive authority to license thermal power plants that are 50 mw or larger.

The smaller power, the small power plant exemption program, allows CEC to exempt from its licensing authority thermal power plants that do not exceed 100 mw. That's the current law. The CEC can grant an exemption if it finds that the proposed facility would not substantially impact the environment or energy resources.

If the exemption is approved, the project developer is responsible for securing all local, state, and federal permits to safely construct and operate the plant. This Bill does not circumvent any environmental review of proposed facilities. That is something we really want to emphasize, and perhaps this Committee is well studied on that now.

But it was certainly an issue earlier in this process and one we went to great lengths to work on, create amendments for, and explain. The Bill just simply does not circumvent any environmental review. This Bill, at its core, is an economic infrastructure Bill. Data centers in the fiber networks that underpin them are necessary in critical infrastructure.

They're the backbone for the apps, platforms, and services integral to daily life, connecting individuals and organizations worldwide. However, despite the significant strides made in recent years to expand the data center capacity, the demand for digital services continues to surge, particularly in Silicon Valley, where the vacancy rate now for data centers is a mere 1.6%.

Let me add that the City of Santa Clara, which has its own power company, really helped lead the charge, no pun intended, for the advancement of data centers in a very prolific way until they reach the point, most recently where they're at virtual maximum capacity. And again, that's exacerbating the vacancy rate.

Silicon Valley power forecasts that the data center load will double by 2035, and significant resources in terms of additions, will be needed to support this increase.

Data centers support businesses of all sizes, critical infrastructure, essential services, 911 call centers, GPS navigation systems, our state's tech industry, and I'd add our very hospitals up and down the State of California, which are now so much dependent on this technology, and I vote today will ensure we maintain the state's economic vitality and build capacity for future growth.

With us today, we have Tim McCrae, the Vice President of sustainability at the Silicon Valley Leadership Group, to my immediate right. And we also have Martin Vindiola with Carter Wech and associates, representing the California State Association of Electrical Workers, the Western States Council of Sheet Metal Workers, and the California Pipe Trades Council.

Thank you again, and at the appropriate time, I'd respectfully ask for an aye vote.

Thanks. So, my name is Tim McCrae. I work for the Silicon Valley Leadership Group. This Bill is about building larger data centers, which are a critical infrastructure necessity. Emergency services, hospital records, online banking, cloud based services.

These all rely on data centers, and despite their high demand and crucial function for the economy and safety, Silicon Valley is the nation's tightest data center market, with a vacancy rate of just 1.6%. Citing data centers near technology headquarters is important for computing latency needs. When you have to call 911, you want the response to be instant.

Building bigger data centers in Silicon Valley helps power the Silicon Valley economy, which is crucial for the California economy and for a Healthy California budget. Data centers run on grid power. They have to rely on their backup sources of power less than 0.07% of the time. That's just 6 hours a year.

All the rest of the time they run on the power the grid provides, just like any home or business.

In addition, this Bill has taken an amendment to have air districts participate in the permitting process and determine a technologically neutral, best available control technology for that backup power, which believe has resolved a lot of the folks who used to be opposed to this who are now neutral.

Finally, California's clean grid is an additional reason to cite these data centers here as opposed to elsewhere in the country. They will run on zero carbon energy if located here, as opposed to if they are cited out of state. Thank you for your time.

Good afternoon. Chair and Members Martin Vindiola with Carter Wechen Associates on behalf of the California State Association of Electrical Workers, the Western States Council of Sheet Metal Workers, and the California State Pipe Traits Council.

Data centers are a vital component of our state's infrastructure and our Members, which are part of a skilled and trained workforce, play a crucial role in their construction and maintenance. We have established strong partnerships with companies in the data center industry and with the Silicon Valley Leadership Group to build and maintain these essential facilities.

These collaborations ensure that California's infrastructure remains robust and capable of supporting our growing technological needs, while also ensuring that these facilities are built safely by a quality, skilled, and trained workforce. Thank you.

Thank you. Do we have any other witnesses in support.

Madam Chair Members Hunter Stern with IBW 1245. We represent IOU and POU Workers, including the City of Santa Clara, in strong support.

Madam Chair Members Mike Monaghan, on behalf of the state building trades and strong support.

Hi, Robin Hines with Microsoft in strong support.

Chair Members Timothy Burr, on behalf of the Data Center Coalition, in support. Thank you.

Tiffany Fan, on behalf of ecolab, in support.

Do we have any witnesses in opposition. Are you a poster?

A little bit between our chair Members. Ross Bob, South Coast Airplane Management District. We're officially moving to a neutral position with the amendments. Thank you.

Thank you. Seeing no other witnesses in opposition or in between? Any questions from our Members? No. Okay. I don't have any questions. Just thank you for bringing this Bill forward, and once we get quorum, we'll get started. Thank you.

Thank you very much, chair, and again, appreciate your help and the Committee's help in getting us to this point.

Thank you. Okay, now we will take Senator Durazo, item number 4 and 5. Whenever you're ready, Senator.

Thank you very much. SB 1350. Good afternoon, Madam Chair, and Members. First, before I get started, I want to thank the consultant, Megan, for her hard work in guiding us. This Bill requires the Department of Industrial Relations to make recommendations to the Legislature on policies the state may adopt to protect domestic workers from work related injuries and illnesses. Despite caring for what we hold most dear, our families and our homes, domestic workers remain without any health and safety protections.

A year into the pandemic, domestic workers were three times more likely to have contacted Covid-19 than the general population in California, putting their lives at risk as well as their families and communities. Additionally, climate accelerated disasters magnify the vulnerability and the dangers that domestic workers and day laborers face on a daily basis.

During the wildfires that have devastated California, domestic workers and other household workers were asked to stay behind to fight fires, guard homes or pets, work in smoky conditions, and clean up toxic ash. Workers were further put at risk when employers failed to tell them that the homes they work in were under mandatory evacuation. Beyond these extreme dangers, domestic workers also face risk of injury and illness in day to day work related to lifting, chemical handling, and repetitive strain, among other risks.

Since the Governor's veto last year of my prior legislation to remove the exclusion of private paid household domestic service employees from our Occupational Safety and Health Act requirements, I have been in conversation with the Administration regarding the health and safety of domestic workers. I am hopeful that those conversations will result in a meaningful step forward this year in addressing legitimate health and safety risks with domestic workers. With me here today are Josephine Biclar, the Pilipino Worker Center, and Maria Guillen, Hand in Hand: the National Domestic Employer Network. Thank you.

Good afternoon, Madam Chair and Committee Members. My name is Josephine Biclar. I am a Member of the Pilipino Worker Center and California Domestic Workers Coalition. I have been a caregiver for 12 years. I provide quality health care to my clients and yet I do not have health and safety protections in my workplace. In April of 2022, I was injured while in my job. I went to throw away the garbage and I fell. There was a fence around the trash cans that went up to my knees. When I stepped over the fence, I slipped and fell. I broke my shoulders and have to get a surgery to fix it.

I missed almost a year of work because of that injury. Last November, I had another injury. My client did not want to turn the lights on at night. She did it to save money. There was only one night light next to her bed. This made my job very hard because I had to work in the dark every night. One night the woman wanted a late night meal. Walking in the dark, I tripped on a step up in the living room and again I fell. This time I hurt my back, but this time I did not go to the doctor because I was afraid. My employer does not give sick leave.

I might lose more wages or even my job. My back still hurts even as I speak now here today. Health and safety protections will make sure employers think about the safety of well being of their employees. Not having these laws continues to affect my pay, my health, and my ability to do my job as a caregiver. I respectfully ask that the Chair and Committee Members support SB 1350 and ask for your aye vote to continue to support domestic workers in our fight for health and safety protection afforded every other worker. Thank you.

You want to bring it up close?

Good morning, Madam Chair and Committee Members. My name is Maria Guillen and I am a retired government worker now living in the Central Valley. I'm a member of Hand in Hand: the National Domestic Employer Network. I employ a house cleaner and like me, she is also a widow and over 60 years old. Another thing we have in common is our Mexican heritage and a passion for cumbia music. On the days she comes, I make sure to tune into a cumbia station on Pandora that brings a bit of fun. But the reality is her job is not a party.

It requires quite a bit of physical activity and places stress on the body. In the summer, I especially worry about heat exhaustion. In the valley, temperatures can rise to an oppressive 111 degrees. One day she arrived from another job and she was experiencing heat exhaustion. We agreed to postpone, but the previous employer was not willing to postpone. As an employer, I recognize that my home is a workplace and I am responsible for making sure workers in my home receive fair pay, paid sick time, workers compensation, and respect.

Yet there are no health and safety rights for the domestic workers in my home. Our health and safety is intertwined. Her work enables me to live comfortably. I want our employer worker relationship to allow her the same. Consequently, we use Covid precautions, we agree to use non toxic cleaning supplies and she has provided paid sick time. Her livelihood depends on her being healthy and injury free.

If she is injured or impaired while she is working in my home, it hurts us both. I am one of many employers who want legislators to remove the exclusion of domestic workers from Cal/OSHA Health and Safety Protections. I ask that the Chair and Committee Members support SB 1350 to ensure a solution is reached that will protect this essential workforce and support the well being of the California families that rely on them. I respectfully ask for your aye vote.

Thank you. Do we have additional witnesses in support?

Good afternoon. Susan Buensuceso from the Filipino Advocates for Justice, here to express our support and here to seek your support.

Daniel Jefferson, Filipino Workers Center. Strong support.

Buenos Tardes a todos. Mi nombre es Nelly Espinoza. Soy trabajadora domestica. Vengo a representacion de Dolores Street, de La Colectiva de Mujeres de San Francisco y de la Coalición de Trabajadoras. Y estoy aqui para apoyar a 1350. Gracias.

Hola. Buenos tardes. Mi nombre es Cecilia Velasquez. Y vengo de San Francisco, California. Estoy trabajadora del hogar. Y soy parte de la Coalición de Trabajadoras y de Dolores Street Community Services. Y vengo aqui para apoyar a 1350.

Hi, good afternoon. My name is Sweet Lao. I live in Oakland. I'm a Worker Organizer with the Filipino Advocates for Justice and I support SB 1350.

Hi, my name is Berta ... I live in San Francisco, California. I am a domestic worker and member of MUA, Mujeres Unidas y Activas. I'm here to support SB 1350. Thank you.

Buenas tardes. Mi nombre es Teresa Palacio. Vengo de San Francisco de la original Colectiva de Mujeres y apoyar la 1350 porque soy trabajadora del hogar. Gracias.

Good afternoon. My name is Sandra Ramirez. I live in San Francisco. I am domestic worker. I member of MUA. I support SB 1350.

Buenas tardes. Mi nombre es Liliana .... Vengo de Oakland y soy trabajadora domestica y soy de la organizacion de MUA, Mujeres Unidas y Activas y de la Coalición de Trabajadoras del Hogar. Y yo apoyo a 1350. Gracias.

Buenas tardes. Mi nombre es Tomasa Ramirez, y vengo de San Francisco. Soy trabajadora del hogar, soy miembra de la original Colectiva de Mujeres ... y estoy aqui en apoyo a la 1350. Gracias.

Good afternoon. My name is Rose Arieta. I live in San Francisco. I am Communications Manager with the California Domestic Workers Coalition, and I am in support of 1350.

I'm Joyce. I'm a domestic worker. I'm from Brentwood, California, and I am a Member of the Filipino Advocate for Justice. I support 1350.

Good afternoon. My name is Christina. I am a domestic worker and I'm a member of the Filipino Advocates for Justice, and I strongly support ISB 1350. Thank you.

Hello. I'm Tom Manley, ... of the City of Oakland. I. I'm a Member of Hand in Hand: The Domestic Employers Network. I'm a former family caregiver and a home care employer. I strongly support SB 1350.

My name is Olivia Zheng from Oakland. I'm a Staff Organizer with the California Domestic Workers Coalition in strong support of SB 1350.

Buenas tardes. Mi nombre es ... Soy trabajadora del hogar. Soy de San Francisco y vengo representando a la coalicion y a la Dolores Street Community Services, la Colectiva de Mujeres, y yo apoya la 1350. Gracias.

Thank you. Do we have any witnesses or main witnesses in opposition? Any other witnesses in opposition? Seeing none, I will pass it over to the Members. Are there any questions or comments from Members?

Thank you, Madam Chair. Mabuhay y bienvenidos to our Spanish and Tagalog Filipino Members. Quiero decir las damas que siempre son placer cada vez que vengan a visitar a su Capitolio y que puedan .... verificar y apoyar una pieza de legislation en su idioma. Bienvenidos, y con gran agullo estamos en apoyo. I want to thank the Senator for this very important piece of legislation. And just again, welcome to the people's house. Thank you.

We need to establish. Thank you. Assemblymember Alex Lee. We need to take a minute to establish quorum. Secretary, please call the roll.

[Roll Call]. Quorum established.

Quorum is established. Thank you. Senator, would you like to close?

Just a reminder, I think, by seeing all these visitors to the Capitol, how important they are to all of us in one way or another. And I truly appreciate the employers who are here as well to join with the domestic workers. So with that, I just respectfully ask for an aye vote.

So we do have a motion. Do we need a second? Can I get a second? We have a motion and a second. And you do have an aye recommendation from the Chair. Secretary, can you please call the roll?

Motion is due passed to Appropriations. [Roll Call].

The Bill is on call. Thank you.

Thank you.

Okay, Senator, we have another SB 1375.

Thank you, Madam Chair. Thank you, Members. SB 1375. Primary purpose is to Reserve 2% of federal infrastructure money to create the Equity, Climate, Resilience and Quality Job's Fund. This poverty reducing approach will support sector based workforce training through programs, one that are aimed at communities with the highest barriers to employment, including individuals returning home from incarceration.

This Bill will assist state agencies with applying workforce standards across programs to maximize equity outcomes, but yet fulfilling specific programs and needs. This is especially important in clean tech industries and manufacturing, where existing standards do not apply.

In Pennsylvania, as an example, the Governor created the Commonwealth Workforce Transformation Program when he reserved 3% of all funding that it was getting from the IIJA and the IRA.

This workforce transformation program is the first of its kind in the nation, investing as much as $400 million over the next five years in workforce training that would help create 10,000 new high quality jobs.

Oregon also passed legislation that allocates one half of 1% of the federal formula dollars to support childcare and other services and create a partnership with their Civil Rights Department for Diversity. We have standards in construction, and federal investments include prevailing wage and project labor agreement incentives.

It leaves us with a gap for manufacturing, an opportunity to build on what we know works. Federal guidance makes clear that companies in California will be strongly competitive, where we can demonstrate.

A portion of funding will go to programs that include pre apprenticeship and apprenticeship, clear pathways for workers from disadvantaged communities, and strong ways to follow track and enforcement. And with that, I don't have any primary witnesses, Madam Chair.

Do we have any other witnesses in support?

Thank you. I'm Fatima with California Environmental Voters and support this Bill. Also, speaking as Co-Chair, Blue Green Alliance, we're also in support of this Bill. And I have a little list here: Grid Alternatives, Environmental Working Group, Job's to Move America, Moms Advocating Sustainability and. Okay, there's more, but it's okay. Thank you.

Thank you.

Priscilla Quiroz here on behalf of the Center for Employment Opportunities in support.

Madam Chair. Mike Monaghan, on behalf of State Building Trades proud to support the Senators legislation.

Madam Chair. Sara Flocks, California Labor Federation, in support. And just want to thank the author for her continued work on this, this area.

Madam Chair, Members, Roman Vogelsang with the Aprea & Company on behalf of the California Workforce Association in support. Thank you so much.

Madam Senator, thank you for bringing this. Hunter Stern, IBW 1245, strong support.

Thank you. Do we have any main witnesses in opposition? Seeing none. I will pass it back to the Members. Any questions or comments? Seeing none. Senator, would you like to close?

Yes. For the future of California, let's pass this Bill. I appreciate your support so that we can have the highest quality standards for training and for standards and job standards. Thank you.

If I can get a motion and a second. Motion in a second. Secretary, please call the roll.

Roll Call

That measure is out.

Thank you. Thank you, Madam Chair, and Members.

Okay, moving right along, our final Bill, item number two, SB 1105. Senator Padilla, whenever you are ready.

Thank you, Madam Chair and Members, I'm happy to present SB 1105 and thank you and your staff for working with us on this Bill. SB 1105 would require that paid sick leave granted to agricultural employees can also be utilized to avoid hazardous environmental conditions such as smoke, heat, flooding. Under the declaration of a local or state emergency.

As the nation's leading farm state and one of the largest producers of food, farm workers have been foundational and fundamental to California's standing as the fourth largest economy in the world.

Despite the vital role that farmworkers play in California, they continue to face several disadvantages as compared to other working populations, many lack access to healthcare and other crucial safety net services. Farmworkers do not enjoy the same protections workers as workers in other industries.

Workplace conditions here also expose farmworkers to several adverse environmental hazards resulting from extreme weather events that endanger their health, safety, and economic livelihood. Including working under extremely high temperatures, exposure to smoke from wildfires, and rain. Agricultural workers are 35 times more likely to die from heat related stress than workers in any other industry in the United States.

Agriculture is one of the most hazardous industries in the US, and the rapidly changing climate will only worsen these conditions.

In an analysis conducted by Mother Jones, of the 168 farmworker deaths in California between 2018 and 2022, 83 of the 168 tragically lost their lives when temperatures in the surrounding area exceeded just 80 degrees, the temperature that triggers California's heat safety requirements. Average temperatures will continue to increase.

Heat waves, wildfires and extreme rain events increase, and when this happens, farmworkers will be at continued risk of losing their lives. Our state has taken some of the nation's most proactive steps to adopt occupational safety standards related to heat and smoke.

Farm workers need to know that during a climate emergency, they are not at risk or risking their personal. Risking personal financial disaster by choosing safety, allowing them to protect themselves and use the time that they have earned and are entitled to, means they avoid exposing their bodies to undue risk.

With me today is America Ramirez, direct with the Office of Policy, Advocacy and Communications from Lideres Campesina.

Thank you. Hi, Madam Chair and Committee Members, my name is America Ramirez. I am a policy coordinator with Lidres Campesinas. We are a statewide network that covers a variety of issues focusing on female farmworkers. Immigration, climate justice, domestic violence, and, you know, we focus our network on female leaders, and we're here in support of SB 1105.

We represent women farmworkers who continue to labor, often without sick pay or other safety nets like unemployment benefits. Every single day we hear about how their wages are being cut due to climate and circumstances that are all beyond their control. Farmworkers already are in a very vulnerable position as they work hard hours, hard, long hours.

And a lot of them have pre existing conditions due to inadequate and or no healthcare access at all. Allowing them to use take time for climate related issues and should be automatic, right?

This should be something that they have, you know, in order to secure that their safety, and it should be their decision to not work under these harsh conditions that they're not comfortable with. Oftentimes, I think that it's easy to say, like, zero, we need the money, so let's.

You know, I have to go to work, but it is putting their health at risk, and ultimately it affects their health and their families, and it's a lot harsher on women. SB 1105 is necessary to move forward, and until we implement wages, that. Intentional wages that replace these programs that do not exclude immigrant essential workers.

So we are in strong support of SB 1105, and I think that farm worker women are one of the strongest leaders. Thank you.

Thank you. Do we have additional witnesses in support?

Good afternoon, Madam Chair, Committee Members. Jonathan Clay. On behalf of the City of Imperial in strong support.

Do we have any main witnesses in opposition? Seeing none, I will turn it over to the Members. Any additional comments? Questions? I will. Thank you, Senator, for bringing this Bill forward.

As I sit here very cold under this air conditioner, I'm reminded of the fact that I have the privilege of being under an air conditioner where many of our farmworkers do not. And, you know, and as you mentioned as a direct result of.

Of climate change and making sure that they're taken care of, because they make sure we are. We have what we need at our table is extremely important. So thank you for bringing this Bill forward. With that, you have an eye record from the chair. Secretary, please call the roll.

Motion is do pass to appropriations. [Roll Call] That measure is out.

That measure is out. Thank you.

Thank you, Madam Chair Members.

I need a motion on SB 1298, Cortese. Moved and second. Secretary, please call the roll.

Motion is do pass as amended to Appropriations. [Roll Call]

That measure is out. Need a motion on consent calendar. We have a motion and a second. Secretary, please call the roll.

Motion is do pass consent to Appropriations on SB 480. [Roll Call]

The calendar is out now. We will lift the call on SB 1350.

Absent Members. [Roll Call]

That measure is out. Okay, we will leave the roll open. We wait for absent Members.

All right, colleagues, thank you for coming. We're going to start at the top with a consent calendar. Item number one. Portantino on consent.

[Roll Call]

Avila's out. Moving on to file at number two. It's SB 1105, Senator Padilla.

[Roll Call]

Thank you very much. Moving on to file. Item number three. SB 1298, Cortese.

[Roll Call]

Moving on to file. Item number four. SB 1350, Durazzo.

[Roll Call]

Moving on to file. Item number five. SB 1375, Durazzo.

[Roll Call]

Thank you very much. And with that, Labor is adjourned.