Hearings

Assembly Standing Committee on Labor and Employment

April 23, 2025
  • Liz Ortega

    Legislator

    Good afternoon. Welcome to the Assembly Labor and Employment Committee hearing. We will go ahead and get started as a Subcommitee in order to facilitate the goal of the hearing as much from the public. Within the limits of our time, we will not permit conduct that disrupts, disturbs or otherwise impedes the orderly conduct of legislative proceedings.

  • Liz Ortega

    Legislator

    Commenters who impede the orderly conduct of this meeting may be ruled out of order and may be removed. Reminder for our witness policy. For each Bill we will have to 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.

  • Liz Ortega

    Legislator

    We ask that you state your name, affiliation and position on the Bill. One note I'd like to make is that item number 13, Assembly Bill 1442, has been pulled by the author.

  • Liz Ortega

    Legislator

    We are going to go a bit out of order and I see Assembly Member Rodriguez here and go ahead and call her Bill up AB 1424 if she is if you are ready, thank.

  • Celeste Rodriguez

    Legislator

    Thank You Chair and Committee Members. I am pleased to present AB 1424, which seeks to protect the health and safety of employees and persons incarcerated inside our state correctional facilities. California continues to face wildfires, heat waves, severe storms and floods. Many California Department of Corrections and Rehabilitation facilities are located where extreme weather and natural disasters are not uncommon.

  • Celeste Rodriguez

    Legislator

    In fact, a study showed that CDCR is highly susceptible to climate hazards because they are located near remote areas and have an aging infrastructure and population. A UCLA report identified eight facilities that were prone to excessive heat and revealed that 24 California State prisons sit within five miles of fire hazard zones.

  • Celeste Rodriguez

    Legislator

    As we know, California is prone to wildfires and wildfire smoke poses significant health risks such as lung and heart disease, shortness of breath, and worsening asthma symptoms. Incarcerated people are especially vulnerable to extreme weather conditions because they are entirely reliant on CDCR for preparedness, response and recovery.

  • Celeste Rodriguez

    Legislator

    AB 1424 will ensure that CDCR implements climate resiliency measures inside their facilities and requires Cal OSHA to submit a rulemaking proposal to the standards board by December 12026 related to extreme temperatures.

  • Celeste Rodriguez

    Legislator

    This rulemaking proposal must consider maximum and minimum indoor temperatures, installation of adequate H Vac systems, protocols for medical intervention, indoor temperature monitoring, and the investigation of heat related illness incidents among workers. When the Department of Industrial Relations adopted indoor heat Standards and Guidance last year, CDCR workplaces were exempted.

  • Celeste Rodriguez

    Legislator

    Extreme heat mitigation efforts are long overdue for the workers under this Bill. Inside CDCR, there are nurses, doctors, maintenance workers, correctional officers, and school teachers that need extreme weather protections.

  • Celeste Rodriguez

    Legislator

    Speaking in support of this Bill Today with me are Leonard Brown, organizer for WorkSafe, one of the Bill sponsors, and Nicole Marquez, Health and Safety Program Director with the National Employment Law Project.

  • Nicole Marquez

    Person

    Good afternoon. Chair Ortega, Assembly Members of the Labor and Employment Committee. I'm Nicole Marquez, the Health and Safety Program Director of the National Employment Law Project. NELP. NELP is a national nonprofit advocacy organization focusing on enhancing the rights of workers, especially marginalized workers.

  • Nicole Marquez

    Person

    I have over a decade of experience in in health and safety as an attorney and worker advocate and I'm here today to speak in strong support of AB 1424. Let me be clear. As our state has recognized, working in extreme heat can be life threatening.

  • Nicole Marquez

    Person

    Still, common sense protections can and do mitigate those dangers for millions of workers. Throughout California, workers engaged in agriculture, manufacturing, construction services and logistics are all protected by outdoor and indoor heat standards with one egregious exception and unjust exception.

  • Nicole Marquez

    Person

    If this work is done inside CDCR facilities, including those that incarcerate children, incarcerated workers who do substantially similar tasks and duties inside CDCR walls are denied basic labor standards like occupational health and safety protections and as a result are at risk for long term health consequences and even death from wholly preventable heat related illnesses.

  • Nicole Marquez

    Person

    As of 2023, there were more than 94,000 people incarcerated in California correctional facilities with Latino and black people who are systemically targeted and significantly overrepresented. Just over half of CDCR budget goes to operate its facilities and significant amounts of the day to day work of those operations is performed by people incarcerated there.

  • Nicole Marquez

    Person

    Physical labor, including janitorial, laundry, maintenance, foundry and steam work, which Leonard will talk about, is commonly done by incarcerated workers. And while incarcerated workers may earn very low wages for this work, the ACLU has estimated that approximately 76% of imprisoned workers say they are required to work or face disciplinary consequences.

  • Nicole Marquez

    Person

    Brutal conditions working inside also actively condition workers to expect and demand less from their bosses and work environments. And so for these reasons, I strongly encourage you to urge you to pass AB 1424. Thank you.

  • Leonard Brown

    Person

    First of all, I just want to thank the community for having us here. My name is Leonard Brown and I'm the community organizer with WorkSafe. I'm also the new elected VP of National Cost and National Council of Occupation Safety and Health. And also I discharge parole tomorrow.

  • Leonard Brown

    Person

    I did 32 years and certainly not something I'm proud of, right? But I've held several assignments jobs inside of various different institutions, particularly old corporate corporate institutions. I work textile PI textiles, sewing, making garments and CAL FIRE nomax suits. Those facilities don't have any ventilation we had fans, we had like about six fans in there.

  • Leonard Brown

    Person

    Trying to keep the place cool. But at the same time you have, you have these ovens that they bake the letters, the silk screening ovens to dry the ink. And you got these ovens running and then you got 96 bodies in there. Times their body heat. So it's like, you know, it would get.

  • Leonard Brown

    Person

    Sometimes it would get so hot in there, you know, you know, they tried to open up the roller doors to let air in, but that just let the heat in from the outside because cork in the central valley gets hot.

  • Leonard Brown

    Person

    And then another experience I had working at Saddle, which is also in the central Valley, and I was production cook and we worked with steam kettles, 150 gallon steam kettles. And those kettles put out a lot of heat.

  • Leonard Brown

    Person

    You know, you gotta stand over the kettles, the sturdy kettles, you know, making the meals and the, you know, trying to cool, trying to cool down. A main kitchen that has 16 kettles and it has numerous of steam ovens, you know, steam ovens too, is. Yeah, we'd have to step outside. It was. It'd be.

  • Leonard Brown

    Person

    It was hotter inside of the kitchen and then it would be outside. And the outside temperature, you know, the Central valley would often get to 100 plus. So, you know, trying to stay cool is just. Yeah, you're welcome.

  • Liz Ortega

    Legislator

    Do we have additional witnesses in support? You could stay there if you want to do it for me. Okay, yeah. Just real quick.

  • Unidentified Speaker

    Person

    Yeah. Here on behalf of legal services for. Prisoners with children, one of the Bill. Sponsors in proud support. Thank you. Thank you.

  • Liz Ortega

    Legislator

    Do we have seen no other witnesses in support. Do we have any witnesses in opposition? Seeing none. Well, do we have any questions from our Members? oh, that's right. Sorry. oh, support. Okay, come on in. I knew it was going to fast.

  • Bernice Singh-Rogers

    Person

    Name an organization. I'm Bernice Singh. I'm with All of us or None and Legal Services for Prisoners with Children. I support.

  • Unidentified Speaker

    Person

    I'm Nedric Miller. All of us are non Sacramento and LSPC definitely support.

  • Unidentified Speaker

    Person

    My name is Tamir Watson. I strongly support this.

  • Unidentified Speaker

    Person

    Hello, my name is Sam Brown. I'm the founder Director of the 10P program and we're in strong support of this legislation. Thank you.

  • Coby Pizzotti

    Person

    Madam Chair Members. Coby Pizzotti on behalf of the California Association of Psychiatric Technicians also in strong support. Thank you.

  • Ashley De La Rosa

    Person

    Hi, good afternoon. Ashley De La Rosa with the Dolores Huerta Foundation in support.

  • Unidentified Speaker

    Person

    Hi there. Kelly Groth. Let us contribute initiative in support.

  • Unidentified Speaker

    Person

    Good afternoon. Hasmi Kigamian, Staff Attorney at the Sustainable Economies Law Center. And we fully support. Hi. Hope Williams with the Sustainable Economies Law Center. Strong support.

  • Liz Ortega

    Legislator

    Okay. Seeing no other witnesses in support, before we move, we. We are going to take a minute to establish quorum.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    Quorum is Established, Assemblymember Kalra

  • Ash Kalra

    Legislator

    First I want to move the bill. And I want to thank Senator Rodriguez for bringing this Bill forward. These kinds of issues have been issues that this Committee and this body, in terms of indoor heat standards are working on for many, many years to get OSHA to move on it.

  • Ash Kalra

    Legislator

    They finally got them to move on it, but of course, and unfortunately exempted those that are working in the conference. Department of Corrections. And so this is critically important, incredibly needed. All work is dignified. All workers deserve dignity. And I thank you for seeing that and for leading on that. Thank you.

  • Liz Ortega

    Legislator

    Do we have a second? We have a motion. And a second before we. As for closing a statement, I just would like to also repeat or echo the comments of my colleague. Thank you for bringing this Bill forward.

  • Liz Ortega

    Legislator

    I have visited some of these facilities, and that is one of the things that I've discussed is the unbearable heat that happens inside of these places where it feels like you're inside an oven. And so thank you for bringing this Bill forward. And with that, would you like to close?

  • Celeste Rodriguez

    Legislator

    I just want to take a moment to thank everyone who came here to support our witnesses and our sponsors and for your comments. We agree. We obviously. We very much need it, and we're grateful and request your aye vote to move this forward.

  • Liz Ortega

    Legislator

    Thank you. Secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    That Bill is out. Thank you.

  • Celeste Rodriguez

    Legislator

    Thank you, Chair. Members.

  • Liz Ortega

    Legislator

    Okay. We will now return to file order item number one. AB 1340. Assemblymember Wicks and Berman.

  • Buffy Wicks

    Legislator

    Thank you, Madam Chair and members. AB 1340 provides rideshare drivers, known as Transportation Network Companies, or TNC drivers, with the choice to join a union and negotiate for better wages, benefits and protections. It has the potential to empower more than 600,000 workers, giving more Californians the right to unionize than any other legislation in recent state history.

  • Buffy Wicks

    Legislator

    And why are we here today? As this Legislature is no doubt aware, under the 2021 ballot measure, Proposition 22, rideshare drivers are considered independent contractors under California law and currently do not have access to worker protections such as workers compensation, sick leave or overtime.

  • Buffy Wicks

    Legislator

    As independent contractors, rideshare drivers are not covered by the National Labor Relations act and therefore have no right to organize or collectively bargain with rideshare companies. Can independent contractors join a union?

  • Buffy Wicks

    Legislator

    While Prop 22 required that impacted workers rights to collective bargain be approved by a 7-8 vote from the Legislature, the language was severed from the initiative by the courts. Although California's First Appellate District largely upheld the language of Prop 22.

  • Buffy Wicks

    Legislator

    It ruled that the measure unlawfully defined an amendment and thus cannot limit a Legislature's ability to enact legislation related to rideshare workers collective bargaining rights.

  • Buffy Wicks

    Legislator

    Neither the State of California nor the Proposition supporters appealed this ruling, so as a result, there is no limitation in Prop 22 that prevents the state Legislature from passing laws related to rideshare drivers ability to join together in a union and collectively bargain for better pay, benefits and protections.

  • Buffy Wicks

    Legislator

    Additionally, antitrust law recognizes that states have authority to pass laws that further state policy, providing an exception under a doctrine called state action immunity.

  • Buffy Wicks

    Legislator

    AB 1340 meets the legal requirements of the State Action immunity doctrine because it furthers state policy to encourage and protect rideshare drivers, freedom of association and ability to join together to negotiate improvements, and it provides for the necessary state oversight or supervision of the organizing and collective bargaining process.

  • Buffy Wicks

    Legislator

    I want to acknowledge, as this Committee analysis outlines, that there are still issues in this legislation that must be clarified and resolved. I am committed, as always, to that work and my door is always open to all stakeholders who want to improve upon this proposal.

  • Buffy Wicks

    Legislator

    With AB 1340, California is putting power in the hands of hundreds of thousands of workers to raise the bar in the ride share industry and create a model for equitable and innovative partnership in the tech sector.

  • Buffy Wicks

    Legislator

    With the strength of a union, workers can build a fair and substantial economy that works for everyone because we know that when workers stand together, they are one of the most powerful voices for justice in California.

  • Buffy Wicks

    Legislator

    With me today is my joint author, Assemblymember Marc Berman, and testifying in support is Janice Jackson, a rideshare driver and member of SEIU California Gig Workers Union and Dr. Enrique Lopezlira, Executive Director of the UC Berkeley Labor Center. Also available here to answer technical questions is Kimberly Rodriguez from SEIU.

  • Heath Flora

    Legislator

    Thank you very much Mr. Berman.

  • Marc Berman

    Legislator

    Thank you Mr. Chair and colleagues. I'm proud to join my colleague, Assembly Member Wicks and hundreds of thousands of rideshare drivers in California in presenting this important Bill AB 1340. AB 1340 is a straightforward.

  • Marc Berman

    Legislator

    It provides rideshare drivers the opportunity to have a seat at the table in deciding the future of an industry for which they are taking the risk, getting on the road and working long hours every day.

  • Marc Berman

    Legislator

    Fundamentally, this is no different than so many other industries where the workforce already has the ability to choose if they want to organize and collectively bargain. But as my colleague mentioned, Prop 22 changed those rules. So AB 1340 uses our state's authority to give power back to rideshare drivers.

  • Marc Berman

    Legislator

    Again, this is about giving rideshare drivers an opportunity, an opportunity that is already available to so many others who are also working hard for a living. And with that, I respectfully request an aye vote on AB 1340.

  • Heath Flora

    Legislator

    Thank you very much. First witness, two minutes, please.

  • Janice Jackson

    Person

    Oh, I'm sorry. Hi, I'm Janice.

  • Buffy Wicks

    Legislator

    Can you pull the mic a little bit closer?

  • Janice Jackson

    Person

    I'm nervous a little bit.

  • Marc Berman

    Legislator

    You're great. Doing great. You're doing great.

  • Janice Jackson

    Person

    Good afternoon, everyone. My name is Janice Jackson. I live in Sacramento and I've been driving with Uber for over about 10 years. Before I drove with Uber, I drove city buses for 25 years until it took a toll on my body. At first, when I began to drive with Uber, it was very good.

  • Janice Jackson

    Person

    The pay was very well and the time was flexible. But over the years since I've been with Uber, it has changed considerably. A lot. What a lot of people don't know is that as a driver, we push really hard to make our ends meet.

  • Janice Jackson

    Person

    Me, I don't own a car, so I rent a car from time to time with Uber and it costs way more. And I have to work 12 hours a day, seven days a week. In order for me to make that pay, I have to pay like $416 a week to keep the car.

  • Janice Jackson

    Person

    When I'm off sick, I miss those days and I have to take away from my Social Security to pay for the car to keep it going. Drivers like me also have been deactivated with no warning. Passengers call in and say whenever I've been accused of being under influence.

  • Janice Jackson

    Person

    And one time before, I was accused of just taking off the platform, period. Once I was deactivated for 2 whole days because I couldn't find the passenger. So they got really upset about it and there was no defense for me, no one to fight for me.

  • Janice Jackson

    Person

    All I can do is just wait for Uber to let me back in. We couldn't just find--excuse me, you guys I'm still a little nervous. So let me see, where am I at?

  • Janice Jackson

    Person

    Uber mentions they speak about taking money out from the passengers for medical, but it's never given to the driver. For most of the drivers, they're not receiving it. So we don't know for sure where all the money is going. And for these reasons, I do support AB1340 and hopefully that you guys will vote.

  • Liz Ortega

    Legislator

    Thank you. And you did great. Thank you.

  • Janice Jackson

    Person

    Thank you.

  • Liz Ortega

    Legislator

    Do we have additional witness?

  • Enrique Lopezlira

    Person

    Thank you to the Committee, especially Chairwoman Ortega, for the opportunity to present some of our recent research we believe is relevant to the bill before you. My name is Dr. Enrique Lopezlira. I'm the Director of the Low Wage Work Program at the UC Berkeley Labor Center.

  • Enrique Lopezlira

    Person

    A recent study by the UC Berkeley Labor Center and the Center for Wage and Employment Dynamics analyzed data from over 52,000 trips and more than 1100 drivers across six major ride share and delivery platforms in five major metro areas. About 60% of the trips analyzed were by California drivers.

  • Enrique Lopezlira

    Person

    This is the first comprehensive study to examine all major platforms and account for all types of earnings and expenses, including costs drivers usually have to cover themselves like payroll taxes and benefits.

  • Enrique Lopezlira

    Person

    More importantly, the study accounts for all the time drivers spend in a shift, not just driving a passenger, including time between rides and time returning from dropping off a ride. The results were striking. After accounting for these extra costs, California Gig Transportation drivers employee equivalent net earnings were just $5.97 per hour.

  • Enrique Lopezlira

    Person

    Without tips, only about a third of the state minimum wage. Even with tips, earnings only rose to $7.63 per hour, still less than half the minimum wage. Rideshare drivers in California earn less than drivers in other metro areas like Boston, Chicago and Seattle.

  • Enrique Lopezlira

    Person

    Even after including Prop 22 adjustment payments but excluding tips, nearly half of all passenger trips in the study were by full time drivers working 32 hours or more per week. And almost 80% of all passenger trips were by drivers working at least 20 hours per week.

  • Enrique Lopezlira

    Person

    This confirms that most of the driving is done by workers who rely on these jobs as a major source of income, not just a side hustle.

  • Enrique Lopezlira

    Person

    These findings make clear that gig drivers are not earning a living wage and lack access to basic benefits, which reinforces why they need the right to collective bargaining. Thank you.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in support?

  • Luis Funes

    Person

    Hello, my name is Luis Funes. I've been a ride share driver for four years and I am in strong support of AB 1340.

  • Joseph Augusto

    Person

    My name is Joseph Augusto and I'm a ride share driver in the San Francisco Bay Area. I've been a driver for about 10 years. I have 25,000 rides that I've done and I'm a strong supporter of 1340 and urge you people to support it.

  • Hector Castellanos

    Person

    Hi, my name is Hector Castellanos. I'm driving for Uber and Lyft for about 10 years. I'm living in California and I'm strongly urged to vote yes please on AB 1340. We're really struggling right now. Thank you.

  • Armando Corona

    Person

    My name is Armando Martinez Corona. I worked for over 30 years. I'm 90 years old. I before start working, still working because due to my bills get food on my table.

  • Armando Corona

    Person

    But $5.97 doesn't help much and even I have to pay my insurance, my car and always have to be up to date with the documents. Any person working for the minimum wage is $30 an hour, very little. We've been insurance too much.

  • Liz Ortega

    Legislator

    Thank you. Thank you.

  • Armando Corona

    Person

    I encourage you to help us. Thank you. This protection.

  • Liz Ortega

    Legislator

    Thank you. Gracias. Just a reminder, please just state your name and position on the bill or name, organization and position.

  • Nicholas Cavlar

    Person

    My name is Nicholas Cavlar Jr. I'm from Stockton, California. I've been a Lyft/Uber driver going for nine years. Last two years I've been doing it full time. I urge you to support it. It's just been not the same. So I support AB 1340. I hope you too.

  • Liz Ortega

    Legislator

    Thank you.

  • Fidel Flores

    Person

    Buenos, mi nombre es Fidel Flores. Tengo nuevo anos trabajando en Uber y Lyft y vivo en Fontana y este lo que vamos a hacer con la ley muy bueno, gracias.

  • Liz Ortega

    Legislator

    Gracias.

  • Natasha N/A

    Person

    Hello, my name is Natasha, I live in Irvine, California. I am part of SEIU Workers Union and I support AB 1340. Thank you.

  • Liz Ortega

    Legislator

    Thanks.

  • Ernesto Cortese

    Person

    Hello, my name is Ernesto Cortese and I support AB 1340 and I'm living in Southgate. Thank you.

  • Liz Ortega

    Legislator

    Thank you.

  • Jesus Guerrero

    Person

    Hi, I'm Jesus Guerrero. I've been an Uber and Lyft driver for nine years and I've been working full time and I support AB 1340. Thank you.

  • Mike Robinson

    Person

    Hello, my name is Mike Robinson and I've been a lyft driver for 10 years and I strongly support AB1340.

  • Liz Ortega

    Legislator

    Thank you.

  • Desa Pidavi

    Person

    Hi, my name is Desa Pidavi. I'm driving for Lyft/Uber for three years. I strongly urge you to vote yes for AB 1340. Thank you.

  • Francisco Magdaleno

    Person

    My name is Francisco Magdaleno. I joined for Uber and Lyft. Nine years on Uber and seven years and a half for Lyft and I strongly urge to vote yes on AB 1340. Thank you so much.

  • Liz Ortega

    Legislator

    Thank you.

  • Joel Fernando

    Person

    Mi nombre es Joel Fernando trabajo para Uber por siete anos y este necesitamos su soporte.

  • Martina Esmeralda

    Person

    Buenos tardes, mi nombre es Martina Esmeralda llegara y estoy con soy Uber driver por aproximadamente cinco anos. Ah, soy miembro de ese EU y este ahi estoy pidiéndoles que por favor, voten por la proposición AB1340 la necesitamos. Gracias.

  • Jesus Ibarra

    Person

    Buenos tardes, mi nombre es Jesus Ibarra vengo de Los Angeles California y he trabajado para cinco anos, por favor, voten a la 1340 lo necesitamos, gracias.

  • Vitelio Francia

    Person

    Buenos tardes. Soy Vitelio Francia vengo de la ciudad de Lancaster he trabajado por ocho anos vente y por favor, restricción encarecidamente que nos ayuden a la AB 1340.

  • Vitelio Francia

    Person

    Buenos tardes, mi nombre es Glenda Callejas y vivo en Novato, he sido conductora de transporte para Uber y Lyft durante nuevo anos y soy parte de la Union de California Gig Workers y le pido a encarecidamente que bote si el arte en AB 1340.

  • Eric Callejas

    Person

    Buenos tardes, mi nombre es Eric Callejas yo he trabajado para un vivir por ocho anos, por favor, apoyen la promoción AB1340, gracias.

  • Paramji Singh

    Person

    My name is Paramji Singh, I drive for Uber and Lyft for 11 years and please support us and AB 1340. Only hope for helping us.

  • Liz Ortega

    Legislator

    Thank you.

  • Harbinder Singh

    Person

    Hi, my name is Harbinder Singh, I live in Sacramento. I've been work with the Lyft and Uber for one years and I part of the SEIU California Gig Workers Union. I strongly urge you to vote yes on AB1340

  • Mahindra Sherge

    Person

    Hello everybody, my name is Mahindra Sherge I was driving both Lyft and Uber in 2019. Uber was suspended my account because one lady complained me she was asking me follow her but I was following the GPS she complained me she gave me a sexual harassment.

  • Mahindra Sherge

    Person

    In 2019 they were suspended my account. Now I am driving only lyft so I support AB 1340 please support us. Thank you.

  • Enda Singh

    Person

    My name Enda Singh, I live in Sacramento. I drive lift and uber like three years. I support AB 1340.

  • Guruvinder Singh

    Person

    Good morning. Hi, my name is Guruvinder Singh, I live in Roosevelt. I've been a rideshare driver for eight years. I was part of the SEIU California Gig Worker Union. I strongly support the AB 1340. Thank you.

  • Harlajan Longia

    Person

    Hello, my name is Harlajan Singh Longia. I work with Uber and Lyft six years. I support for AB 3040.

  • Jose --

    Person

    Mi nombre es Jose. Vivo en North Hollywood, Los Angeles. Condujo paralísimover durante un ano y cinco meses. Le pido encarecidamente que apoyen la AB 1340. Gracias.

  • William Tablante

    Person

    Hola, buenos tardes. Mi nombre es William Tablante. Yo vivo en Los Angeles, California. He estado trabajando para las aplicaciones ya dos años que es Lyft y Uber y les pido el apoyo de la AB 1340. Muchísimas gracias.

  • Gabriel Beltrán

    Person

    Buenas tardes. Mi nombre es Gabriel Beltrán y trabajo para Uber y Lyft por 10 años. Quisiera que nos ayudaran a realizar esta unión para tener con que darle en la cabeza. Gracias.

  • Mohammed N/A

    Person

    Hello, I am Mohammed. I live in Roswell. I have been a driver, a ride share driver for Lyft for almost a year. I'm here to say yes on AB 1340. Thank you.

  • Pedro Aviles

    Person

    Hola, mi nombre es Pedro Aviles he estado trabajando para Uber por diez anos y soporta la AB1340.

  • Emanuel Duran

    Person

    Emanuel Duran, from the Inland Empire County California. I've been an Uber driver for over six years and I strongly encourage you to vote yes to AB 1340. Thank you.

  • Emilio Lizarraga

    Person

    Mi nombre Emilio Lizarraga vengo de San Bernardino y apoyen AB1340.

  • Emanuel Duran

    Person

    Buenos tardes. Soy Luis Murillo vengo de Fontana California he manejado, sigo manejando para Uber y Lyft desde hace ocho anos, por favor, les pido que apoyen la ley AB1340.

  • Emanuel Duran

    Person

    Buenos tardes, mi nombre es John Diaz soy conductor de Uber y Lyft, tengo de Los Angeles y solicito por sus buenos oficios apoyando la ley AB1340, gracias.

  • Ophelia Rosas

    Person

    Hello, my name is Ophelia Rosas, I'm from Adelanto, California. Please support 1340. I'm driving for Uber only for around 7 years. Please support for a change for a life for my family and everyone. Thank you.

  • Arnulfo Vega

    Person

    Hello, my name is Arnulfo Vega. I come in from Huntington Park, California. Yo apoyo la haber a trece cuarenta, por favor.

  • Patricia Ubarta

    Person

    Hi, my name is Patricia Ubarta. I drive for Uber. I'm from Harbor City, California, LA County. And I've been driving Uber for around seven years and I strongly say yes on AB 1340.

  • Rebecca Gonzales

    Person

    Rebecca Gonzalez, Western Center on Law and Poverty, in support.

  • Liz Ortega

    Legislator

    Thank you.

  • Navnit Puryear

    Person

    Navnit Puryear, on behalf of the California School Employees Association, in support.

  • Sara Flocks

    Person

    Sara Flocks, California Federation of Labor Unions, in support.

  • John Finley

    Person

    Good afternoon, Chair Ortega, members of the committee, thank you very much. John Finley, on behalf of Uber Technologies Incorporated. We are here in respectful opposition of Assembly Bill 1340. As written, this bill would override the will of California voters, undermining the independence of tens of thousands of app based drivers and raise costs for millions of Californians.

  • Liz Ortega

    Legislator

    Thank you. Seeing no other voices in support, do we have any main witnesses in opposition?

  • Marc Berman

    Legislator

    Great job.

  • Marc Berman

    Legislator

    Much appreciated.

  • Liz Ortega

    Legislator

    Just a reminder, two minutes each for our witnesses.

  • Jose Torres Casillas

    Person

    All right. Good afternoon, Chair and members. Jose Torres with TechNet. We are respectfully opposed to AB 1340. Prop 22 was approved by voters just a few years ago as it codified app based drivers as independent contractors and Prop 22 was upheld unanimously by the California Supreme Court just last year.

  • Jose Torres Casillas

    Person

    The bill would conflict with the voter's intent under the proposition and it would upend the framework of Prop 22 by effectively reimposing an employment style relationship and bargaining process that was meant to be avoided through passage of the proposition. Especially when this bill only targets a specific industry within the sharing and gig economies.

  • Jose Torres Casillas

    Person

    As such, the bill could destabilize a transportation service that Californians rely on every day. As such, we asked that you vote no on this bill today and I thank you for your time.

  • John Finley

    Person

    After six years of uncertainty imposed on this industry and these workers, we were hopeful that the legislature would be able to move on to real discussions about how to reduce unnecessary costs California imposes on rideshare customers and how to improve the quality of work offered at a moment's notice to any Californian seeking flexible work.

  • John Finley

    Person

    AB 1340 is in conflict with Proposition 22, which 10 million and 60% of California voters approved in 2020 and has been supported by the overwhelming majority of drivers both then and now, and was recently upheld by the California Supreme Court. That decision reaffirmed what drivers across California consistently tell us.

  • John Finley

    Person

    They overwhelmingly value the flexibility and independence of app based work. AB 1340 further targets a single sector of the gig economy and would create a bureaucratic patchwork that could raise costs for riders, reduce service availability and hit low income communities the hardest. The very riders who depend most on affordable, reliable transportation.

  • John Finley

    Person

    California should be focusing on expanding flexible work opportunities, not limiting them, especially during a time in which many are advocating for more flexible work arrangements across the economic, across the economy. Uber remains committed to working with the legislature on solutions that protect what drivers value while improving their experience. That includes innovations in benefits, safety, and earnings protections.

  • John Finley

    Person

    We respectfully urge your no vote and welcome the opportunity to continue collaborating on policy that respects both the will of the voters and the future of this important platform work in California. Thank you.

  • Liz Ortega

    Legislator

    Do we have additional witnesses in opposition? Seeing, oh, okay.

  • Stephanie Jimenez

    Person

    Hello. Stephanie Jimenez on behalf of Chamber of Progress, in opposition.

  • Malcolm McFarland

    Person

    Hello. Malcolm McFarland II from Lyft. Respectfully opposed thank you.

  • Ashley Hoffman

    Person

    Ashley Hoffman on behalf of the California Chamber of Commerce. Respectfully in opposition.

  • Liz Ortega

    Legislator

    Seeing no other witnesses in opposition, I will now turn it over to our members. Questions, Comments? Yes, Assembly Member Lee.

  • Alex Lee

    Legislator

    I want to thank the authors for bringing the bill forward. I think it's vastly important and necessary. You know, in 2020, during the pandemic when I was still first getting elected, the only way to actually make ends meet as I was going through the campaigns was doing gig economy work. And it was terrible, especially doing it during the pandemic.

  • Alex Lee

    Legislator

    And I remember especially since in the same time Prop 22 was sold to voters as saying, if you allow these workers to organize, to be classified as employees, your rides, your goods depending on these apps will go up.

  • Alex Lee

    Legislator

    But I am already seeing right now and everyone knows that the rides are already more expensive even this year, every single year getting more and more expensive and you still prohibited them from organizing. So why is it now that they're still getting more and more expensive, yet these are not even trickling down to the workers?

  • Alex Lee

    Legislator

    And that's why I think it's so important that the, as the authors have talked about in the court rulings that it allows. The courts have allowed us to go and give these workers the ability to go organize.

  • Alex Lee

    Legislator

    I think there are so many workers right now who are starving to at least have the chance to organize, to collectively bargain, and they should ought to be given that chance. So I really appreciate you bringing this bill forward. I have been so trying to help even my local gig economy workers organize and get closer and closer to this goal.

  • Alex Lee

    Legislator

    And so I'd love to be added as a coauthor, joint author, whatever it is you want to have me as I'd love to have this bill move forward and I'd love to help it and I would love to move the bill today. Thank you.

  • Ash Kalra

    Legislator

    Thank you, thank you, Madam Chair. And I do want to thank the authors and sponsors for bringing this forward. I have a question to the authors regarding the question that we don't have the ability as a legislature to delve into this because the voters and the courts have already spoken on this. Can you please answer that?

  • Buffy Wicks

    Legislator

    You go, sure.

  • Marc Berman

    Legislator

    You sure?

  • Buffy Wicks

    Legislator

    No, no, you go.

  • Ash Kalra

    Legislator

    So polite.

  • Marc Berman

    Legislator

    I thought we had a plan.

  • Buffy Wicks

    Legislator

    Yeah.

  • Marc Berman

    Legislator

    So thank you for the question. And as my joint author mentioned in her opening remarks, the bill invokes the doctrine of state action immunity, which allows the state to pass laws that immunize the state's regulation of their domestic commerce in ways that would otherwise violate the federal antitrust laws.

  • Marc Berman

    Legislator

    So there's a required two part test for the state action immunity. One, it must further state policy. Two, it must provide for the state oversight or supervision.

  • Marc Berman

    Legislator

    Here AB 1340 meets this test since it, one, provides that it is the policy of the state to encourage and protect rideshare drivers, freedom of association and ability to join together to negotiate improvements. And that such action will benefit the state's economy and outweigh any anti competitive effect of the labor agreements. And two, create state oversight via the Labor and Workforce Development Agency to oversee the organizing and collective bargaining process and enforce the law.

  • Marc Berman

    Legislator

    So, you know, I think it's pretty clear that this is definitely falls under the jurisdiction of the legislature in the state and that's why we brought the bill forward.

  • Buffy Wicks

    Legislator

    And just to add to that too, the court severed the seventh, eighth piece of this too. So we feel very confident about our legal ability to do this.

  • Ash Kalra

    Legislator

    Appreciate that. Thank you for that response. You know, this is an issue that's very near and dear to a lot of us. I think a lot of us have a lot of battle scars over much of what's happened over the years.

  • Ash Kalra

    Legislator

    And I think these ride sharing companies, when I was in city council made a lot of promises and they crushed the taxicab industry. They made a lot of promises then to the drivers.

  • Ash Kalra

    Legislator

    They made promises that were actually straight up lies for the voters, including that they were going to provide health care and better wages and they spent over a quarter $1.0 billion to do it.

  • Ash Kalra

    Legislator

    And so at the end of the day, we saw quite a few of the folks that are the faces of California, the faces of California workers that are just trying to get by and are finding it harder and harder.

  • Ash Kalra

    Legislator

    By the way, those of us who try to use those services I think can notice how much more expensive they've gotten as well. And so when we look at what we can do to help lift up these workers, I think giving them the opportunity to speak for themselves.

  • Ash Kalra

    Legislator

    If you notice, for most of them they say, I work for Uber, I work for Lyft. Right? Like you can talk about certain kinds of relationships, legal relationships, but the eyes can see what the eyes can see and the amount of control that these companies have over the workers exists in a very real way.

  • Ash Kalra

    Legislator

    And in that context we want to give these workers self determination and a voice more than anything else. Now when I over the years, both with SEIU and with Rideshare Drivers United and many others, we've tried our best to give a voice to the drivers.

  • Ash Kalra

    Legislator

    And I appreciate both of you for leading that effort in trying to continue in that work. And so there's still as mentioned, some details to work out. I haven't had time to sit down formally to have conversations on some of the details. We've all been a little busy on our respective legislation.

  • Ash Kalra

    Legislator

    But I would ask that you take the opportunity to speak with and to whatever extent you can work with Rideshare Drivers United. I think that they they've been an effective voice over the years.

  • Ash Kalra

    Legislator

    I think they would be able to add to some of the context in addition to the to California Gig Workers Union as to what's happening on the ground. And as to other details, we'd love to continue to work and I'd be happy to be to join on as a coauthor.

  • Buffy Wicks

    Legislator

    Thank you.

  • Liz Ortega

    Legislator

    Seeing no other comments, I would just like to add, you know, this is a again, we've been able to do this for farmworkers, we've been able to do this for childcare providers. We should be able to do this for gig workers. Independence and flexibility. Thank you. But let's keep it down.

  • Liz Ortega

    Legislator

    Independence and flexibility should not come at the expense of low wages, no health care, no voice on the job. With that. Would you like to close.

  • Buffy Wicks

    Legislator

    I want to appreciate the comments from my colleagues here. Would love to add you all on. Appreciate your good work, Chair, not just in this committee but for a lifetime of advocating for these things. So thank you for that. This bill is really about giving workers choice. That's what we're talking about.

  • Buffy Wicks

    Legislator

    The choice to unionize, the choice to fight for better wages, to fight for health care, to fight for their livelihood, to fight for stability which everyone should be entitled to in this great nation, especially California, the fourth largest, economy, fifth largest economy in the world. We should be able to have all of those things.

  • Buffy Wicks

    Legislator

    I know we're in the first committee in the first house but appreciate my colleagues leadership, the conversations, the advocacy from all the drivers who are here. They have been at this work for years and years and years and appreciate the conversations with opposition. We will continue to do so and respectfully ask for an aye vote.

  • Liz Ortega

    Legislator

    Do we have a second? A motion was made. I need a second. I take that as a second. Okay, we have a motion and a second. Secretary, please call the roll.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Liz Ortega

    Legislator

    That measure is out. Thank you. We will now hear items 2 and 3. Assembly Member McKinnor, whenever you are ready.

  • Tina McKinnor

    Legislator

    Are you leaving on my. We're matchy-matchy. I'm waiting. I'm sorry. They're waiting for. To exit. Can I ask for my witness?

  • Liz Ortega

    Legislator

    Okay, no worries.

  • Tina McKinnor

    Legislator

    Thank you.

  • Tina McKinnor

    Legislator

    I guess I could just get started. I can get started. So I'm gonna hold you guys up.

  • Tina McKinnor

    Legislator

    Madam Chair and Members AB288 will protect a California workers right to organize and collectively bargain by authorizing the Public Employment Relation Board to respond or remedy a claim that is not remedied by the National Labor Relations Board NLRB by their statutory deadline Members.

  • Liz Ortega

    Legislator

    Okay.

  • Tina McKinnor

    Legislator

    It is no secret that workers across this nation are under attack by the current Administration.

  • Tina McKinnor

    Legislator

    DOGE is taking a wrecking ball to our federal workforce, making it more difficult for our veterans to receive their benefits, more difficult for our seniors to access their Social Security and Medicare benefits, more difficult to protect disabled students, and more difficult to fight hunger and food insecurity.

  • Tina McKinnor

    Legislator

    The Federal Government is also attempting to take a wrecking ball to public and private sector employees fundamentally right to join a union and collective bargain for wages, benefits and safe working conditions. How exactly is the Federal Government doing this?

  • Tina McKinnor

    Legislator

    Well, on March 282025 the NLRB Member Gwen Wilcox was removed from the National Labor Relations Board, making the board lose its quorum and effectively preventing the NLRB from being able to make any decisions or take any actions that would allow a worker to join a union and collective bargain.

  • Tina McKinnor

    Legislator

    That's right in the middle of all the federal chaos. This Administration is actively working to prevent any worker, public or private, from being able to join a union into the foreseeable future. This is unacceptable and frankly, it is un American. California will not sit idly by.

  • Tina McKinnor

    Legislator

    Idly by as its workers are systematically denied the right to organize due to employer or federal inaction. A.B. 288 respects federal labor law, but affirms that if California workers are unable to get a remedy at the federal labor California can act to protect a worker's fundamental right to organize.

  • Tina McKinnor

    Legislator

    The right to join a union and bargain collectively is essential to the state's economic security and the human dignity of to of all California workers. AB 288 ensures that California workers can continue to exercise this right even in the face of one of the most anti worker Administration in our nation's history. I respectfully ask for your aye vote on AB288 and today I'd like my witnesses to introduce themselves. Thank you.

  • Cesar Diaz

    Person

    Good afternoon. I am testifying here because California workers constitutional rights to organize are under attack and we need our California officials to act. My name is Cesar Diaz and I am a Teamsters Member at Amazon.ksbd air hub. When Amazon came to our community, the company promised great jobs with superior benefits. Years later we are still struggling.

  • Cesar Diaz

    Person

    Everyone works overtime just to make ends meet. We want to be treated fairly and to have the American dream. That's why we organized a union. We have a first amendment right to organize and strike. But when we exercise our constitutional rights, Amazon breaks the law and the government has not had our back.

  • Cesar Diaz

    Person

    Me and my co workers have repeatedly gone on strike over Amazon's unfair labor practices. Federal law and the Constitution are supposed to protect us against retaliation. But when Amazon illegally penalizes strikers, it took over two years for the NLRB to rule in our favor.

  • Cesar Diaz

    Person

    Even after that, Amazon still refuses to comply with the NLRB orders to restore benefits that were taken from strikers. When we organized our union, Amazon wouldn't even acknowledge us. To this day management acts like it's a non union warehouse. We are still waiting for the NLRB to act. How many years must workers wait for a resolution?

  • Cesar Diaz

    Person

    When justice is delayed, justice is denied. But you can do something about it right now. Pass this law AB 288 and force Amazon to respect our constitutional right to organize in California. One thing Amazon can't stop is our movement.

  • Cesar Diaz

    Person

    Every day more and more Amazon workers in California are joining the Amazon Teamsters and the fight for a union at this company. We need you to stand with us and stand for good jobs in California like they promised. Thank you.

  • Liz Ortega

    Legislator

    Thank you.

  • Vanessa Valdez

    Person

    Good afternoon. My name is Vanessa Valdez and I'm an Amazon driver in the City of Industry. I've been delivering for Amazon for six years. But when my co workers and I organized a union with the Teamsters, it was the first time that I felt like I had a voice. I was exercising my constitutional rights.

  • Vanessa Valdez

    Person

    I was fighting for myself, my kids and my co workers. Amazon plays games with its drivers. It says Amazon on my packages, on my van, on my uniform. The one place it doesn't say Amazon is on my paycheck. That's because Amazon has created middlemen that it falsely claims our employees Just so it can dodge its legal responsibilities.

  • Vanessa Valdez

    Person

    Amazon pretends we don't work for them, but the company has been willing to break any law and spend endless money to try to stop us from organizing a union. We unionized in November and are still waiting for Amazon to follow the law, respect our constitutional rights and negotiate a union contract.

  • Vanessa Valdez

    Person

    In a separate case, the NLRB is trying to hold Amazon accountable as the employer of its drivers. But Amazon is trying to block even a hearing on the issue by claiming the NLRB itself is unconstitutional.

  • Vanessa Valdez

    Person

    We have a constitutional right to organize and strike, but our government has been unwilling or unable to force companies like Amazon to respect our rights for years. Well, I think it's past that time, Jew. Our state representatives stand up to these corporate bullies and protect our right to organize once and for all.

  • Vanessa Valdez

    Person

    Amazon and other corporations have figured out how to drag out the NLRB process so that workers leave or give up before their cases are resolved.

  • Vanessa Valdez

    Person

    We need California to step in and make sure that when workers exercise their constitutional rights to unionize in this state, our voices are heard and our families can get the good jobs that we deserve. Stand with workers, Send a message to union busters like Amazon. Defend our right to organize in California and pass AB288. Thank you.

  • Chris Ward

    Legislator

    Thank you. Are there other Members of the public here wishing to register a statement of support? If you can just name organization and your position.

  • Sara Flocks

    Person

    Sara Flocks, California Federation of Labor Unions We're a proud co sponsor of the measure.

  • Unidentified Speaker

    Person

    Janae Roberts, Teamster Amazon worker from DCK6. And I support.

  • Unidentified Speaker

    Person

    Leah Pensler, Teamster Amazon worker, DCK6 in support.

  • Unidentified Speaker

    Person

    Consuelo Mercado with DFX4 and I Support .

  • Unidentified Speaker

    Person

    Amazon, Teamster warehouse worker, DCK6. I support this.

  • Matthew Broad

    Person

    Matt Broad with the California Teamsters Public Affairs Council. We're proud to co sponsor as well. As Unite Here, machinists, ATU, ESC and UWUA in support. Thank you.

  • Unidentified Speaker

    Person

    Trish Teamsters Joint Council 7 and we. Support.

  • Unidentified Speaker

    Person

    Sean Martinez, Teamsters Local 1932 and. Our international Brotherhood of Teamsters Amazon Division and support.

  • Kimberly Rosenberger

    Person

    Kimberly Rosenberger with SEIU. Proud to co sponsor

  • Kristin Heidelbach

    Person

    Kristen Heidelbach here. On behalf of UFCW Western States Council in proud support.

  • Janice O'Malley

    Person

    Good afternoon. Janice O'Malley with AFSCME California in strong support

  • Navnit Puryear

    Person

    Navnit Puryear on behalf of the California School Employees Association in support .

  • Jeannette Zanipatin

    Person

    Jeannette Zanipatin on behalf of the Coalition For Humane Immigrant Rights. And support.

  • Mitch Steiger

    Person

    Mitch Steiger with CFT, a. Union of educators and classified professionals Also in support,

  • Alexa Chavez

    Person

    Alexa Chavez on behalf. Of UDW AFSCME Local 3930 in support.

  • Jp Hanna

    Person

    JB Hanna with the California Nurses Association in strong support.

  • Doug Subers

    Person

    Good afternoon. Doug Subers on behalf of the California Professional Firefighters and strong support.

  • Hunter Stern

    Person

    Hunter Stern, IBEW 1245 in strong support.

  • Liz Ortega

    Legislator

    Seeing no other witnesses in support. Do we have any main witnesses in opposition?

  • Ashley Hoffman

    Person

    Good afternoon, Madam Chair Members. Ashley Hoffman, on behalf of the California Chamber of Commerce, respectfully in opposition. I want to start by saying we completely understand the uncertainty and everything happening at the federal level. However, we do have some concerns with AB288. The first is we have concerns that the Bill is preempted under Garmin preemption.

  • Ashley Hoffman

    Person

    If the NLRA was to be amended and was to exclude certain workers, I think that's one thing. For example, the California has enacted labor rights for groups like agricultural workers who were excluded from the original statute. However, the triggers in this Bill for when PER would have jurisdiction are far broader than that.

  • Ashley Hoffman

    Person

    For example, they include when there is a lack of quorum, no matter how brief. They also include when the NLRB fails to take certain actions within six months.

  • Ashley Hoffman

    Person

    That six month period, from our understanding, is not something statutorily required by the nlrb NLRA and also does not take into account any actions that are happening by the regional offices. We also have some concerns about inconsistent enforcement.

  • Ashley Hoffman

    Person

    There is a provision of the Bill, for example, that seems to authorize PERB to act not only in underneath NLRB precedent, but also its own precedent that actually is supposed to apply just to public workers.

  • Ashley Hoffman

    Person

    And then finally, the Bill does include a provision that appears to say that this law could not be amended unless it passes something akin to strict scrutiny, which is a lever of scrutiny really only reserved for things like constitutional rights. And this Bill includes far more than that. So respectfully ask for no vote. Thank you.

  • Liz Ortega

    Legislator

    Do we have additional witnesses in opposition? Seeing none, I will pass it to our Members, Assembly Member Kalra, thank you.

  • Ash Kalra

    Legislator

    I'd like to move the Bill and thank our chair for her great work and would like to be added as a co author. Thank you.

  • Liz Ortega

    Legislator

    Seeing no other Members wishing to speak, I also would like to thank the author, as she very eloquently mentioned, DOGE is taking a wrecking ball to our Federal Government. I never imagined that Elon Musk would have access to. To our Social Security information, to our health care information.

  • Liz Ortega

    Legislator

    Things that we have always protected in this country are now under attack. So thank you with that. We had a motion. Did we have a second? Second secretary, please. zero, I'm sorry. Would you like to close?

  • Tina McKinnor

    Legislator

    Well, you know, I'm not gonna even. I was gonna address the our opposition. Have my expert. Can I do that?

  • Caitlin Vega

    Person

    Madam Chair and Members, Caitlin Vega with the California Federation of Labor Unions, sponsors of this measure. We understand the Chamber's concerns. As always, we're happy to meet with the chamber and talk through some of those issues.

  • Caitlin Vega

    Person

    Our position is that if workers are not able to get justice at the federal level, it cannot be the intent that states cannot step in and protect those workers constitutional rights.

  • Caitlin Vega

    Person

    And so we think that it is time, given everything that is happening and given the significant delays in getting workers who are fired for organizing returned to work, getting employers to the bargaining table, we think it's time for California to take this stand on behalf of its workers and help enforce the laws that we all believe in. Thank you.

  • Tina McKinnor

    Legislator

    Okay. And now, and also to the chamber, really, going forward, I would love, before we get here, for us to talk about any amendments you may have.

  • Tina McKinnor

    Legislator

    I don't know if you talked with my staff, but really I would love to sit down and talk with you guys, because as I start out the next eight years of my time here, hopefully, if God bless, I'd love to sit down to the table and work with people and make sure that.

  • Tina McKinnor

    Legislator

    That we come together and we bring what I call all these big brains in Sacramento together and come up with some solution that we all can be happy with.

  • Ashley Hoffman

    Person

    Do you mind if I. I just want to say, yeah, we did meet with staff and very happy to sit down with you. I would love that.

  • Tina McKinnor

    Legislator

    I love that. With that. Madam Chair, you know, I had to do something. I couldn't sit idly by and watch this Administration tear up our workers. You know, we wouldn't even need this Bill if they. If they had a quorum in D.C. that the workers can go and they.

  • Tina McKinnor

    Legislator

    They can lobby with the National Labor Relations Board, but they don't have a quorum, so you can't even go there. So it is our responsibility in California to protect our workers. And with that, I ask for an aye vote.

  • Liz Ortega

    Legislator

    Well, this has a strong aye recommendation from your chair. Secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    That measure is out with bipartisan support.

  • Tina McKinnor

    Legislator

    Hello. Assimilate. How you doing? Not quite that. Ready when you are. Thank you, Madam Chair, Mr. Chair and Members. AB 746 takes a bold and innovative step toward reducing recidivism by establishing the Inmate Cooperative Program within the California Department of Corrections and Rehabilitation, the CDCR.

  • Tina McKinnor

    Legislator

    While rehabilitation is a key goal of the CDCR, many incarcerated individuals still face significant obstacles to successfully reentering. Low wages, limited access to job training, and a lack of economic opportunity leave people unprepared to build stable lives after their release. AB746 addresses these challenges by allowing incarcerated individuals to form worker Cooperatives inside a prison setting.

  • Tina McKinnor

    Legislator

    Through these Cooperatives, participants can build business skills, develop economic self sufficiency and gain real world experience that supports their long term success. Beyond incarceration, AB 746 also establishes the Green Cooperative Reentry Reserve which directs 40% of wages earned in prison Cooperatives towards seating community based Cooperatives.

  • Tina McKinnor

    Legislator

    These funds will support reentry citizens, crime survivors and system impacted communities and launching sustainable social beneficial businesses. AB 746 is about empowering incarceration people with the tools they need to rebuild their lives, reduce recidivism and strengthen communities within themselves. You guys, this is such a fantastic Bill. I am so excited about this.

  • Tina McKinnor

    Legislator

    I am, I'm so excited about this. This is a way, a different way in looking at how our incarcerated family and our community takes care of itself.

  • Tina McKinnor

    Legislator

    It's a way for them to be inside, learn how to form a cooperative or like a nonprofit and have a board of their own, take their wages, put them up, save them, invest and be self sufficient. When they get out where they don't have to come and ask anybody for anything.

  • Tina McKinnor

    Legislator

    Well they might have to ask people but I hope they don't like this is a way for them to be self sufficient. And so I respectfully ask for your aye vote but I'm going to let my witnesses introduce themselves.

  • Heath Flora

    Legislator

    Thank you very much and first witness, two minutes apiece please.

  • Hope Williams

    Person

    Hello. Good afternoon. I wanted to say Madam Chair but no to the chair and Members of the Committee. My name is Hope Williams and I am the Director of Legislative Advocacy for the Sustainable Economies Law Center.

  • Hope Williams

    Person

    I am also here on behalf of the Let Us Contribute Initiative Coalition led by incarcerated and formerly incarcerated peoples to incubate green cooperatives all across California. As the Executive Director of the Coalition, he is also an incarcerated person in San Quentin. Kelton O'connor asked us to read the following statement.

  • Hope Williams

    Person

    I have found a sense of purpose in policy work that will allow system impacted communities to to have the opportunity to become productive Members of society and do our part in a world that needs all the help it can get. Research shows that most jobs available to incarcerated people do not significantly reduce recidivism.

  • Hope Williams

    Person

    More importantly than wages and benefits, many individuals value the sense of purpose and meaning their work provides. Most incarcerated people or reentering citizens want to work and make a positive contribution. Yet many remain unemployed due to the lack of available jobs. Assembly Member McKinners

  • Hope Williams

    Person

    AB 746 addresses this issue by expanding access to meaningful dignified employment, therefore reducing prison unemployment and improving one's readiness for the job market. AB746 deserves your support because it not only opens new revenue streams for the state, but also invests in the creation of green businesses and low income communities.

  • Hope Williams

    Person

    Green jobs offer a powerful rehabilitative strategy for all stakeholders. Healing the planet is healing work and everyone deserves the opportunity to take part in that restoration both for their communities and for themselves. So on behalf of Kelton O'Connor, we respectfully ask for an aye vote on AB746 and thank Assemblymember McKinner for her leadership on this transformative issue.

  • Heath Flora

    Legislator

    Thank you. Next witness please.

  • Hasmik Geghamyan

    Person

    Good afternoon Vice Chair Flora and Members of the Committee. My name is Hasmik Geghamyan and I'm a Staff Attorney at the Sustainable Economies Law Center. We are proud co-sponsors of AB746 and are deeply grateful to Assemblymember Mckinnon for introducing a Bill that puts labor, public safety, and community repair at the heart of California's economy.

  • Hasmik Geghamyan

    Person

    AB746 expands the existing CDCR labor programs by creating the Inmate Cooperative Program to support worker cooperatives inside state prisons. Through this program, incarcerated workers will be trained in financial literacy, teamwork and Democratic decision making. They'll write bylaws, build business plans and learn to co govern real enterprises. All necessary skills that support successful reentry.

  • Hasmik Geghamyan

    Person

    This model works at Argentina's maximum security unit 15 in Mar Del Plata. Prison cooperatives reduced recidivism to nearly zero by fostering ownership, dignity and real economic opportunity. Similar models have succeeded in Puerto Rico, Italy, India and beyond. AB746 directs 40% of prison cooperative earnings into the Green Reentry Cooperative Reserve.

  • Hasmik Geghamyan

    Person

    The Reserve will Fund grants, loans and technical assistance for crime survivors and system impacted entrepreneurs to launch cooperative businesses in green industries critical to California's future. By voting aye on AB746, you're supporting an evidence based approach to reducing recidivism and strengthening public safety. Thank you.

  • Heath Flora

    Legislator

    Thank you. Any other witnesses in support of AB746? Name and organization please.

  • Unidentified Speaker

    Person

    Hello, Kelly Groth. Let us contribute initiative proud co sponsor and strong support. Thank you.

  • Unidentified Speaker

    Person

    Leonard Brown with Work Safe. I strongly support it. As I say, having done 32 years of incarceration, it's a hand up, not a handout. Thank you.

  • Unidentified Speaker

    Person

    Hi, good afternoon, my name is Christina Navarro. I am chief Stewart and Local 11 unite here Local 11 and I support. Thank you.

  • Unidentified Speaker

    Person

    Juan Munoz, Political Coordinator, unite here Local 11 in support.

  • Unidentified Speaker

    Person

    Amy Heinzhaik, also for Local 11 and strong support. Thank you.

  • Unidentified Speaker

    Person

    Thank you. Thank you. Jesse Garner, San Francisco State University. Strong support.

  • Unidentified Speaker

    Person

    Thank you.

  • Heath Flora

    Legislator

    Thank you very much. Anyone in opposition to AB746? Come on up. Seeing none. Bring it back to the Committee. Any questions from Committee Members?

  • Ash Kalra

    Legislator

    I'd like to move the Bill. And I love Rooker Cooperatives. I'm going to sound like a broken. Record, but I would love to co author this Bill.

  • Heath Flora

    Legislator

    Thank you. Thank you. Any other questions from Committee Members?Seeing none. Madam, would you like to close?

  • Tina McKinnor

    Legislator

    I respectfully ask for your aye vote.

  • Tina McKinnor

    Legislator

    Madam Secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Heath Flora

    Legislator

    That bill's out. Assemblywoman Pellerin, come on up. She'll be presenting file item-- I think number 10 and AB 1104.

  • Gail Pellerin

    Legislator

    There go my glasses. Where'd they go?

  • Gail Pellerin

    Legislator

    Right where my feet were? I do need them for reading. Good afternoon. Thank you, Chair and Members. Over the past few years, the solar industry has faced two major policy shifts that have had significant effects on the adoption of solar, especially for small businesses, nonprofits and everyday Californians.

  • Gail Pellerin

    Legislator

    The first change was the transition to the net billing tariff, which took effect in 2023 and made solar less financially viable unless paired with battery storage. The second was passage of AB 2143 in 2024, which rightfully required prevailing wages to be paid for certain solar projects that are connected to the net billing tariff.

  • Gail Pellerin

    Legislator

    While well intentioned, these two changes have introduced new challenges for businesses that were interested in installing renewable energy systems. As a result, there was about an 85% drop in solar applications statewide per PG&E and state data based on new applications.

  • Gail Pellerin

    Legislator

    And while AB 2143 did not explicitly say that solar project owner must register as an awarding body, it's been interpreted to be that way because when a project is classified as a public work, someone has to take on the legal responsibilities of an awarding body.

  • Gail Pellerin

    Legislator

    Under this interpretation, private solar customers like a bakery or an animal shelter are being treated like public agencies. Being an awarding body comes with a long list of responsibilities: registering the project with Department of Industrial Relations, filing compliance paperwork, maintaining certified payroll records, and more.

  • Gail Pellerin

    Legislator

    In essence, private entities that simply want to install solar are being required to manage complex public works compliance systems they aren't equipped to handle.

  • Gail Pellerin

    Legislator

    AB 1104 corrects this misinterpretation. The bill will expand opportunities for businesses to access renewable energy by clarifying that business owners of solar projects are not an awarding body and are therefore not subject to complex public works requirements. To be clear, AB 1104 does not roll back prevailing wage requirements set by AB 2143.

  • Gail Pellerin

    Legislator

    Solar contractors will still be fully responsible for registering as public works contractors, paying prevailing wages and meeting apprenticeship requirements. The bill simply clarifies that those labor compliance responsibilities lie with the contractor, not with the business hiring them.

  • Gail Pellerin

    Legislator

    Additionally, AB 1104 enacts a limited expansion to the definition of independent solar producer, allowing more business to business solar transactions to occur without being regulated as a public utility. This will ease the adoption of solar and create more grid reliability, especially during power safety shutoffs. AB 1104 is a clarifying fix, not a loophole.

  • Gail Pellerin

    Legislator

    It protects solar workers and makes clean energy more accessible to Californians who want to do the right thing and help the state reach its renewable energy goals. And with me to testify in support are Pete Scudder, representing Scudder Solar Electrical Energy Systems and Angela Lipanovich who is representing commercial solar customers.

  • Heath Flora

    Legislator

    Thank you very much. First witness, two minutes apiece.

  • Pete Scudder

    Person

    Thank you Council for hearing this today and appreciate your appreciate your time. My name is Pete Scudder. I'm sponsor of this bill. I also own Scudder Solar and Scudder Roofing. I have been a roofing business for 42 years and a solar business for 20 years. My business is located in Monterey County and I employ over 100 amazing people.

  • Pete Scudder

    Person

    I'm here today with many of my industry colleagues to ask you to support Assembly Bill, Gail Pellerin's AB 1104. This bill protects prevailing wages, apprentice standards and will help small business choose solar energy, creating more solar industry jobs. Under the current law, AB 2143 requires private entities that want to install solar panels on their business.

  • Pete Scudder

    Person

    The daunting task of registering with DIR as a public agency. These requirements coupled with the increasing liability and potential penalties are scaring many small businesses to stay away from solar altogether. This decline in commercial solar energy is causing the loss of many high paying jobs. The solar industry is experiencing 85% drop in new commercial applications.

  • Pete Scudder

    Person

    Not to mention it is creating a significant setback in the California clean energy goals to be carbon neutral by 2045. There is a quote from one of my commercial solar clients-- Here's a quote from one of my commercial clients, Scott Delucchi, CEO of the SPCA of Monterey County, "Registering our project with the DIR was a nightmare.

  • Pete Scudder

    Person

    Navigating and understanding the online registration system was impossible. I was unable to get past the initial steps. I was not able to speak with a live person or tech support and my multiple messages sent to the email link provided were either ignored or returned several weeks after I sent them and were not helpful.

  • Pete Scudder

    Person

    As I explained to our solar provider, I felt like I needed an advanced public works degree to get through the process." This story is not unique. Recent energy policies like AB 2143, NIM 3.0 and other solar killing bills have devastated the solar market. Personally, I had lay off over 45% of my solar workforce.

  • Pete Scudder

    Person

    These jobs declining are industry wide. Please support AB 1104. The bill protects prevailing wage scales and abrasion standards. Thank you very much.

  • Heath Flora

    Legislator

    Thank you very much. Next witness, two minutes.

  • Angela Lipanovich

    Person

    Good afternoon. I'm Angela Lipanovich. I worked as a clean energy attorney for about 19 years, almost exclusively with solar contractors, developers and customers. I also helped start our local CCA 3CE, serving as its general counsel for the first year.

  • Angela Lipanovich

    Person

    I'm here speaking on behalf of commercial solar customers and the business community in general, including the Santa Cruz Chamber of Commerce and the Monterey County SPCA. Small businesses and multifamily property owners simply don't have the capability or the time to manage a full public works project.

  • Angela Lipanovich

    Person

    Last summer, the DIR first announced its interpretation of Public Utilities Code 769.2 to require that every small business and multifamily property owner is an awarding body subject to full public works requirements when purchasing solar. This means that their utility bill credits for solar energy production are now categorized as public funds.

  • Angela Lipanovich

    Person

    These small business and multifamily property owners are often too scared to proceed with buying solar once they understand what's required, especially including their role managing and taking on liability for their contractors, wage and hour violations, and the potential loss of their solar interconnection agreement with the utility.

  • Angela Lipanovich

    Person

    All of the data on California's commercial solar market shows that it is in significant decline. We hired a data scientist with a PhD to analyze the state's distributed solar generation data set. She also requested information directly from PG&E on pending commercial solar applications.

  • Angela Lipanovich

    Person

    She found that since 2022, PG&E's data reported that 85% drop in commercial solar interconnection applications and the corresponding data by the state shows a 93% drop. AB 1104 offers a critical policy fix to the recent declines in the commercial solar market while maintaining labor standards and ensuring the enforcement thereof. Thank you for your time.

  • Heath Flora

    Legislator

    Thank you very much. Anyone else in support?

  • Kimberly Stone

    Person

    Kim Stone, Stone Advocacy on behalf of the California Solar and Storage Association, in enthusiastic support.

  • Silvio Ferrari

    Person

    Good afternoon. Silvio Ferrari on behalf of Pear X Infrastructure, in support.

  • Ian Seronello

    Person

    Good afternoon. Ian Seronello, 11 years solar designing, and I'm in support.

  • Irita Rapecian

    Person

    Good afternoon. Irita Rapecian on behalf of Schneider Electric, in support.

  • Heath Flora

    Legislator

    Thank you. Anyone else in support of 1104? Seeing none. Opposition for AB 1104. Come on up.

  • Scott Wetch

    Person

    Thank you, Mr. Chairman and Members. Scott Wetch, on behalf of the State Association of Electrical Workers, who are the sponsors of the aforementioned bill that has been maligned here today. It was a solid bill.

  • Scott Wetch

    Person

    We appreciate the Committee's work to ensure that the provisions that would have gutted prevailing wage were removed from the bill, and also the amendment that makes it clear that a joint liability applies to the owners of these systems if in fact wages, hours and working condition laws are not met. We appreciate that work.

  • Scott Wetch

    Person

    So we really have no major opposition to the labor provisions in this bill that have been significantly improved by the Committee. But I do want to make sure the Committee is aware that we're very much opposed to this bill. We'll be bringing our concerns on the remaining issues to the Utilities Committee.

  • Scott Wetch

    Person

    But the Committee Members should be aware that there is an over-the-fence provision here. Basically, under existing law, if you generate power as a private citizen, you can provide that power to up to two other meters on your property and you can also do it to one adjacent property owner.

  • Scott Wetch

    Person

    So if you own a small farm, you can provide it to your neighbor. This bill will allow somebody to build an unlimited piece of generation and wield that power through their own distribution system to an unlimited number of other customers, creating basically an unregulated utility without any of the safety protections and guardrails.

  • Scott Wetch

    Person

    The legislature has never approved an over-the-fence provision coming close to this and for those reasons will remain opposed in the other committees. But for the purposes of the labor provisions, we have no problem with those. Thank you.

  • Heath Flora

    Legislator

    Thank you very much. Anyone else in opposition?

  • Hunter Stern

    Person

    Yes, Mr. Chair. Hunter Stern, IBEW Local 1245. I'd like the Committee and the author to understand that the provisions of 2143 did not go into effect until the beginning or the end of 2023. So most of the information that you heard here today is not accurate.

  • Hunter Stern

    Person

    And I appreciate and I share the comments that Mr. Wetch made on the other issues. Thank you.

  • Heath Flora

    Legislator

    Thank you very much. Name and organization, please.

  • Gail Pellerin

    Legislator

    Carolyn Veal-Hunter on behalf of Pacific Gas & Electric, also opposed. Thank you.

  • Heath Flora

    Legislator

    Thank you very much. Any other in opposition? Seeing none. Bring back to the Committee.

  • Alex Lee

    Legislator

    Yeah, I just wanted to invite in a second the author or the witnesses in support to if they want to respond to any of the arguments made by the opposition because I've just only very, very briefly been able to talk to the author about this.

  • Alex Lee

    Legislator

    But in reading the bill too, I am a bit confused about what is definition of small in the sense and I understand wanting to be able to have a true mom and pop landlord provide maybe generate energy generation on their own property or adjacent properties.

  • Alex Lee

    Legislator

    But I am quite confused about what is the scope you're thinking about because there's no definition of what small is in this bill.

  • Alex Lee

    Legislator

    So if you want to respond some of the points made by opposition and kind of more about your envisioning when you say protecting small businesses or small things, I don't see any definition of what small means in this case.

  • Gail Pellerin

    Legislator

    Is that in regards to the over-the-fence provisions that--

  • Alex Lee

    Legislator

    In this bill in general, right, because I know a lot of your arguments about this Bbll are about protecting small business and generation. But I don't see this in the sense of either as a company size that we're talking about whether it be employers or physical size or about how much energy you generate.

  • Alex Lee

    Legislator

    And I know of course we're not in the Energy Utilities Committee which you're going to work on these things, but I didn't see any of those provision address to define what was small. But I know narratively speaking you're talking a lot about that.

  • Alex Lee

    Legislator

    So that's why I just wanted to ask if you want to respond to some of the concerns brought from the opposition and also just--

  • Gail Pellerin

    Legislator

    Okay. Well, yeah. And first of all, I want to say that we are not maligning AB 2143. It's just the simple fact that the interpretation of that bill and at no point was I ever trying to undo prevailing wage, that has always been in the bill.

  • Gail Pellerin

    Legislator

    And I am so grateful to the Chair of this Committee, Assemblymember Ortega and her team, who helped us draft the amendments that were adopted in just a few days ago to clean up those provisions. But as far as that definition of small, I'll let my expert witness respond to that.

  • Pete Scudder

    Person

    Well, the small businesses, majority of all solar commercial systems are under one megawatt for the most part. So when we, when I we discuss small business, we're talking about most projects that are under one megawatt. There are some businesses that go larger than that.

  • Pete Scudder

    Person

    But if you look at what the Small Business Administration would classify as a small business, that would be the parameters we would stay within. But most, just for the record, most of the, most of the solar projects, commercial projects, are under one megawatt. They're very small.

  • Pete Scudder

    Person

    They're the mom and pop shops, the SPCA, the small people, the smaller business who want to have the ability to put solar on there without going through these ominous regulations. And I'll let Angela talk about the over the fence condition.

  • Angela Lipanovich

    Person

    Well, I would just add also to the one megawatt, our solar data scientist actually found that 98% of all commercial solar is under one megawatt. So I might get her number a little bit wrong there. But like Pete said, that just puts you, you're a small business if that's the biggest solar system you need.

  • Alex Lee

    Legislator

    Just to clarify though, I know it's not in this version of the bill we're seeing today, but as you move to second committee, is that we're intending is to limit it to generation of one megawatt?

  • Angela Lipanovich

    Person

    No, originally we had come in with a proposal that that could be one way to address the problem that's happening. And then I think we took that out and just made it a blanket.

  • Gail Pellerin

    Legislator

    And we are still working on the concept of the over-the-fence and how to best to define that. And we're absolutely happy to continue conversations with IBEW to thread that needle just so.

  • Gail Pellerin

    Legislator

    I think that the current law regarding the one on site and then one adjacent, we're looking at expanding that but not taking on a huge amount of parcels and property.

  • Angela Lipanovich

    Person

    And if I can just add something to that, because I have worked in the industry for 19 years and I've done-- When I first started out, there wasn't such thing as a third party financed project where somebody came owned the system and sold you electricity to your, you know, the user of the property.

  • Angela Lipanovich

    Person

    And we've come a long way since the definition of solar energy provider was created in 2008. And solar transactions, solar technologies have advanced significantly. There are versions of this happening all over the place in different ways. I think updating the definition of solar energy producer will kind of bring it up with modern times.

  • Angela Lipanovich

    Person

    So I think that also we were intending there to be placeholder language to limit how many end customers there would be in such a transaction. So we didn't intend for it to be unlimited. We intended for that to be a placeholder so we can get the discussion going.

  • Alex Lee

    Legislator

    Yeah, I was gonna say in this version of the bill, I didn't see any limitations like that. And to the point of just my concept-- Look, in my concept, I was a strong supporter of 2143 when it came through the first time.

  • Alex Lee

    Legislator

    I do believe the solar industry is maturing and does need to deserve a lot more attention and quality skill work from our tradesmen and union workers to make sure that the solar industry is successful. And I think I understand your intent of this.

  • Alex Lee

    Legislator

    It's just not so clear to me in reading the bill because I do think that, you know, running a line down to two houses on your block is different than running one house in a data center like in my district. So there are very different energy demands. And if the Chair allows, just see if Mr. Wetch has any other comments, just because I know you've been darting back and forth.

  • Scott Wetch

    Person

    Well, the-- Thank you. The original bill would have repealed prevailing wage for projects up to one megawatt. So the original bill absolutely did eliminate prevailing wage. As far as the small size goes, this referring to a one megawatt array as being small. Let me put it into perspective.

  • Scott Wetch

    Person

    If you lay that out on the ground, that's four to five acres, okay, that's three and a half football fields is what one megawatt looks like. It's not some small little array.

  • Scott Wetch

    Person

    And that's why like the building codes, the OSHA standards, everything are different when you get to larger systems. On the over-the-fence provision, that's basically deregulating the energy system. That means no consumer protections.

  • Scott Wetch

    Person

    That means that the CPUC safety division, which oversees all the distribution system and transmission system in the state of California, doesn't have any oversight. That's why this legislature has never expanded beyond just the one adjacent property. And that's why we will oppose any expansion of that.

  • Heath Flora

    Legislator

    Thank you very much. Would you like to close?

  • Gail Pellerin

    Legislator

    Only two of you left here. Okay. Well, again, just to reiterate, it was never our intention to repeal prevailing wage. That is absolutely something I feel very strongly about and wanted to make sure that was codified in this bill. And as far as the over-the-fence provisions, those-- we are continuing to have those conversations.

  • Gail Pellerin

    Legislator

    We would love to sit down and talk about a possible expansion of that, but that it is not going to be an endless amount of folks that could be coming onto that. So I respectfully asked for your aye vote.

  • Heath Flora

    Legislator

    Thank you very much. I would just say why is like the easiest bills I thought were going to be easy today are like all of a sudden turn into this, right? But I kind of agree with my colleague. There seems to be some things we need to clear up moving forward.

  • Heath Flora

    Legislator

    I am going to support this bill today and I'll move it. But there's some things that need to be clarified clearly. So let's just make sure we work on that.

  • Heath Flora

    Legislator

    Thank you. Madam Secretary, please call the roll. Wait a second.

  • Gail Pellerin

    Legislator

    Yes.

  • Heath Flora

    Legislator

    All right, so we don't have a second. We're going to just hold this Bill for a little while and if we get some other Committee Members to make a second, then what? We'll take the vote then.

  • Unidentified Speaker

    Person

    Okay, thank you very much. I'll wait. Thanks.

  • Heath Flora

    Legislator

    Do I have a motion for the consent calendar? Second perfect.

  • Committee Secretary

    Person

    [Roll Call]

  • Heath Flora

    Legislator

    The consent counselor is on call and we are looking for colleagues to come present.

  • Heath Flora

    Legislator

    Mr. Lee.

  • Alex Lee

    Legislator

    I'm going to start... I'm going to start with AB 858, if that's alright, Mr. Chair.

  • Heath Flora

    Legislator

    Absolutely. Ready when you are.

  • Alex Lee

    Legislator

    Thank you, Mr. Chair and colleagues. AB 858 ensures that hospitality workers will have rehiring protections after declared state of emergency, such as pandemic or natural disaster. The bill does two things. Expands rehiring protections to include hospitality workers affected by a state of emergency, which would sunset in December 2027, and extend the COVID rehiring protections December 2027. Often after natural disaster occurs, the state and federal government steps in to support those displaced by disaster.

  • Alex Lee

    Legislator

    But workers in the hospitality industry often suffer the economic consequences long after disaster relief agencies are gone. The lingering economic impacts on tourism can mean that workers face eviction, bankruptcy, or long term unemployment. The Labor Commission has cited numerous employees for violating existing rehiring laws, which is why these protections need to be extended. I'd like to introduce two witnesses to speak today. Imelda Campos, who is a former employee at the Luxe Rodeo, and Matt Broad representing Unite Here International Union.

  • Heath Flora

    Legislator

    Thank you very much. First witness, please.

  • Matthew Broad

    Person

    Mr. Chair of Members, Matt Broad here on behalf of Unite Here International Union. We are proud to co-sponsor AB 858. Like Assembly Member Lee said, AB 858 builds upon existing right to return laws by ensuring that workers who lose their jobs due to declared states of emergency, such as wildfires, have the right to be rehired when their employers resume operations.

  • Matthew Broad

    Person

    This isn't just a matter of fairness. It's about recognizing the indispensable role these workers play in our communities. As we all know, the recent wildfires in Southern California have been devastating. The Eaton Fire alone destroyed almost 10,000 structures, left 20,000 people homeless, and claimed at least 17 lives.

  • Matthew Broad

    Person

    In the aftermath, many hospitality workers found themselves unemployed, with no guarantee of returning to their work. Regrettably, we expect to see more of this with increasing frequency, given how much we see natural health disasters and emerging public health crises. So despite enforcement challenges we hear all the time about, labor law, particularly in this Committee, our recall and retention rights are some of the best enforced labor laws in the state.

  • Matthew Broad

    Person

    We're seeking to build on that success by covering more types of state emergencies through 2027. This is a modest and important bill to protect our hospitality workers. With me today is Imelda Campos, who's come from Southern California to testify in support of the important bill, as well as Juan Munoz, who will be translating for her. We urge your aye vote.

  • Heath Flora

    Legislator

    Thank you very much.

  • Imelda Campos

    Person

    [Spanish]

  • Heath Flora

    Legislator

    Thank you very much. And to the translator, that was about four minutes, so. Yeah. Bullet points.

  • Imelda Campos

    Person

    Sure. So, good afternoon. My name is Imelda Campos, and I worked at the Luxe Rodeo Drive for over 27 years as a housekeeper. That job was my livelihood and almost like my second home. I was a dedicated employee and treated every guest with care because I believed hard work meant job security.

  • Imelda Campos

    Person

    But when the pandemic hit, the hotel closed. And like so many others, I was laid off. Sandra Pellecer, my colleague in the audience, was also laid off from her job as a cook at the Standard Hotel in West Hollywood when her hotel closed during the pandemic. As a mother of two sons and the primary caretaker for my family, the pandemic was one of the most difficult times we've ever faced. One of my sons who helped support us was laid off from his hospitality job too. And then not long after, my other son was diagnosed with leukemia.

  • Imelda Campos

    Person

    That news turned our world upside down. And since then, other disasters have hit the hospitality industry that have slowed down our recovery, like the fires in the nearby Palisades this year, which reduced banquet business and occupancy in many hotels. I'll just say at the end, AB 858 offers that hope, not just to me, but to the many workers who are still waiting for the opportunity to go back to the jobs that they loved. Thank you.

  • Heath Flora

    Legislator

    Thank you very much. Anyone else in support of AB 858? Name and organization, please.

  • Sara Flocks

    Person

    Mr. Chairman. Sara Flocks, California Federation of Labor Unions, proud to co-sponsor the measure. Urge support. Thank you.

  • Unidentified Speaker

    Person

    Hi. My name is Christina, and Local 11 Unite Here, and I support. Thank you.

  • Sandra Pellecer

    Person

    Hi. My name is Sandra Pellecer, Local 11, I support here. Thank you.

  • Amy Hines-Shaikh

    Person

    Amy Hines-Shaikh with Local 11. There are 32,000 folks in Los Angeles, Orange County, San Bernardino, and Riverside in strong support. Thank you.

  • Heath Flora

    Legislator

    Thank you.

  • Hope Williams

    Person

    Hope Williams, Sustainable Economies Law Center, strong support.

  • Hasmik Geghamyan

    Person

    Hasmik Geghamyan, Sustainable Economies Law Center, strong support.

  • Heath Flora

    Legislator

    Thank you very much. Anyone in opposition to AB 858? Come on up.

  • Julee Malinowski-Ball

    Person

    Good afternoon, Mr. Chair and Members. Sure someday Assembly Members will show up. I'm Julee Malinowski-Ball. I'm here on behalf of the California Hotel and Lodging Association in opposition to this bill. CHLA represents over 6,000 lodging establishments around the state.

  • Julee Malinowski-Ball

    Person

    You know, as we heard, AB 858 would extend the employee recall and retention provisions in law put in place at the height of the COVID 19 pandemic. Thousands of hotels were closed. Hundreds of thousands of workers were sent home. This was unique, unprecedented. But more importantly, it's over. 858 wants to unnecessarily prolong these provisions and inappropriately, we think, extend them to the states of emergency. This causes a whole host of issues. The Cal OES website, looked up, has 56 existing state of emergencies on the books today.

  • Julee Malinowski-Ball

    Person

    This bill has no limiting language describing a state of emergency that might have impacts on employment nor timing of the emergency or any other limiting scope. This creates huge liabilities for our members. Post-pandemic, despite the 56 state of emergencies, workers remain highly sought by lodging institutions throughout the state.

  • Julee Malinowski-Ball

    Person

    Staffing is frankly one of our biggest problems today. If you want a job in a hotel, you can get a job in a hotel. But AB 858 actually would slow that employment process down, that hiring process down. Accidental violations actually add up to very large penalties, in fact, in the millions.

  • Julee Malinowski-Ball

    Person

    A number of hotels continue to hover on the edge of delinquency and even a minor violation could impact a hotel's ability to remain open. Closed hotels employ zero people. And finally, this goes beyond the agreement of how these statutes got into place in the first time. CHLA removed its opposition.

  • Julee Malinowski-Ball

    Person

    Based on the statutes that are in place today, we think this goes back on the agreement. AB 858 is an inelegant solution looking for a problem and creating a costly and legal liabilities. It needs to sunset as previously agreed on. We ask for your no vote.

  • Heath Flora

    Legislator

    Thank you. Next witness.

  • Ashley Hoffman

    Person

    Good afternoon, Mr. Chair. Ashley Hoffman on behalf of the California Chamber of Commerce. I align my comments with my colleague from CHLA. I also want to emphasize that not only is this extending the Covid presumption and creating a new... Sorry. Covid recall rights and creating a new state of emergency related right, it also includes two overlapping presumptions that if a worker was separated due to some sort of reduction in business or reduction in force, it would both be presumed that that was due to a state of emergency and due to the Covid-19 pandemic.

  • Ashley Hoffman

    Person

    I also want to note that by reverting back to discussions of state of emergency, this is more closely mirroring AB 3216, which was vetoed by Governor Newsom in 2020. And part of that veto message does read that tying the bill's provisions to the state of emergency will create a confusing patchwork of requirements in different counties at different times. It also emphasizes that the hospitality industry and its employees have been hit hard by the economic impacts of the pandemic.

  • Ashley Hoffman

    Person

    And so where we have scenarios like the pandemic, like states of emergency, it's important to remember, as was noted during 3216, that also really impacts the economics of the Hotel and Lodging Institute and the potential penalties imposed by this bill. And we join our colleague in saying that this was intentionally supposed to sunset, and we should honor that agreement. Thank you.

  • Heath Flora

    Legislator

    Thank you very much. Anyone else in opposition? Come on up. Name and organization.

  • Chris Micheli

    Person

    Mr. Chair. Chris Micheli on behalf of the Los Angeles Area Chamber of Commerce in respectful opposition. Thank you.

  • Jacob Brint

    Person

    Jacob Brint on behalf of the California Retailers Association in respectful opposition.

  • Marlon Lara

    Person

    Marlon Lara on behalf of the California Restaurant Association in opposition. Thank you.

  • Nick Chiappe

    Person

    Good afternoon. Nick Chiappe here on behalf of the California Trucking Association in respectful opposition. Thank you.

  • Kaitlyn Johnson

    Person

    Good afternoon. Kaitlyn Johnson with Political Solutions on behalf of California Travel Association in opposition. Thank you.

  • Sabrina Lockhart

    Person

    Good afternoon. Sabrina Lockhart on behalf of the California Attractions and Parks Association in opposition.

  • Heath Flora

    Legislator

    Thank you very much. Any questions from the Committee? No, wait. Would you like to close?

  • Alex Lee

    Legislator

    I would just like to say is that I remain engaged with as... I remain open to talking to the opposition and clarifying some of these things. You know, I think Covid was one of those ground, those wake up calls to us that it really changed society and we want to do right by the workers. And if we need to figure something out and clarify things, I'm always happy to talk about these things.

  • Alex Lee

    Legislator

    But I do really believe that we need to look forward, future forward, especially as there is talks of the federal administration that will strip us of protections of the next big disaster, next pandemic or anything like that too. We have to be future oriented and thinking about even the disasters that we just suffered this year. So I respectfully ask your aye vote, and I continue to work with everyone on this bill. Thank you.

  • Heath Flora

    Legislator

    We need a motion and a second. Madam Secretary, please call the roll.

  • Committee Secretary

    Person

    Motion is do pass to Appropriations. [Roll Call]

  • Liz Ortega

    Legislator

    Okay, we are now going back to item number four, Assembly Member Gipson. Where's my agenda? Whenever you are ready.

  • Mike Gipson

    Legislator

    Thank you very much. Good afternoon Madam Chair and Members. Thank you for allowing me to present Assembly Bill 291 seeking to establish a credential educator apprentice program. This program would address the persistent teacher shortage crisis as well as the lack of diverse diversity in the field through an innovative approach offered by an apprenticeship model program.

  • Mike Gipson

    Legislator

    As the Learning Policy Institute has stated in a recent report and I want to quote districts offer districts often hire unprepared, inexperienced and substitute teachers, increasing class sizes and cut courses altogether.

  • Mike Gipson

    Legislator

    Students of color and those of low income backgrounds bear the blunt of the consequences as teacher shortages are more are most severe in schools serving more of these students.

  • Mike Gipson

    Legislator

    The data will show from the from this report in 2022 and 2023, fewer than half of our new math teachers and schools serving the largest and the greatest concentration of high need students are fully qualified for their positions.

  • Mike Gipson

    Legislator

    And for the 20232024 school year, the CTC data dashboard shows that for three years consecutively provisional internship and short term staff permits were issued at increasing numbers. This indicates this indication that a tremendous reliance by schools on educators with extremely limited preparation is apparent.

  • Mike Gipson

    Legislator

    It is time that we create an innovative process with a strategic outlook that will help encourage teachers that are qualified and the pool to be part of this teacher pool in our schools across the State of California.

  • Mike Gipson

    Legislator

    We must do this by strengthening the preparation process, providing financial incentives to enter the profession and requiring professional support that will ensure our educators have the tools necessary for our children to succeed. That's why Assembly Bill 291 is important. We, we believe it's a focus in that particular area here with me to provide supporting testimonies. Representative from Children Now in support thank you so much.

  • Jessica Sacco

    Person

    Good afternoon Chair and Members. Jessica Sacco with Children Now, a nonpartisan whole child research policy and advocacy organization dedicated to promoting children's health, education and well being in California. We are pleased to sponsor AB291.

  • Jessica Sacco

    Person

    California's teacher shortage as well as its lack of diversity is the result of systemic barriers including the high cost of preparation as well as the lack of support early in an educator's career.

  • Jessica Sacco

    Person

    We believe that by establishing a pathway to becoming a credentialed educator via an apprenticeship program, a well known model for transforming high skilled high need professions, can reduce the cost of preparation and provide the apprentice with a living wage while learning on the job.

  • Jessica Sacco

    Person

    Compensation combined with the structured mentorship are key components of apprenticeship program which will ensure apprentices have strong support, supervision and guidance during the preparation process and early years of teaching from seasoned teachers. We recognize and appreciate California leading the way through recent budget investments in supporting the development of new and innovative apprenticeships.

  • Jessica Sacco

    Person

    AB291 adds to these investments by providing both flexibility of operational and program design for the educator apprenticeship to be developed to meet local needs in collaboration with labor partners, school districts, higher education institutions, with oversight and support from the state through the Commission on Teacher Credentialing and the Division of Apprenticeship Standards.

  • Jessica Sacco

    Person

    It is also important to note that the provisions of AB 291 are entirely permissive and there is no state mandate. Rather, AB291 outlines a pathway to design a local apprenticeship program with accountability and standards that can meet local needs.

  • Jessica Sacco

    Person

    Research shows that student outcomes improve when they have access not only to well prepared educators but also educators who reflect their critical identities. And while more than half of our students in California identify as students of color, our educator workforce does not reflect that same diversity.

  • Jessica Sacco

    Person

    We believe the time is now to be innovative to equip and support our teacher workforce that feels prepared to meet the needs of our students. Thank you for your consideration and support of AB291.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in support?

  • Jaelson Dantas

    Person

    Madam Chair Members Jael Dantas with Full Moon Strategies on behalf of a Western Governor's University in support.

  • Tristan Brown

    Person

    Thank you Madam Chair Members Tristan Brown with CFT Union of Educators and Classified Professionals. Do you mind 10 seconds for a tweener position? We're very excited and want this to be the model for the state.

  • Tristan Brown

    Person

    We have been negotiating with a little bit of language that I think we're all comfortable with to make sure that each apprenticeship program is a bilateral agreement among labor and management at each site.

  • Tristan Brown

    Person

    So with those forthcoming we're very excited, in fact to the point of jazz hands to make sure you know how excited we are about this. So thank you.

  • Liz Ortega

    Legislator

    Thank you for your tweener statement.

  • Annie Chou

    Person

    Annie Chow with the California Teachers Association, same tweener position. Really excited to hopefully get some language in to make sure that teachers are adequately supported.

  • Israel Solis

    Person

    Good afternoon. Israel Solis, President, Los Amigos De La Comunidad and a 31 year veteran educator and a teacher of teachers. I strongly support this. I'm also a Board of Trustee at our local Imperial Valley College. I see the need especially now with RTK and I think that there's a lot of great teachers out there in TK that this would be great for.

  • Liz Ortega

    Legislator

    Thank you. Do we have any witnesses in opposition? Seeing none. Thank you. It's been moved in second. Any comments from the dais? Seeing none. Would you like to close?

  • Mike Gipson

    Legislator

    Yes. Thank you very much to the Committee and to the Committee chair. We must do everything we can to address the teacher shortage in the State of California. Our. Our children absolutely deserve this. And we believe that this is a very creative but innovative approach.

  • Mike Gipson

    Legislator

    And I'm very grateful to have the stakeholders who have already spoken thus far and looking for our continuous conversation collaboration to strengthen this Bill that it can in fact be a model for the State of California. I respectfully ask for your aye vote. Thank you very much.

  • Liz Ortega

    Legislator

    Secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    The measure is on call.

  • Mike Gipson

    Legislator

    Thank you very much.

  • Liz Ortega

    Legislator

    Okay. Assembly Member Solache, item number five.

  • José Solache

    Legislator

    So we're done. Good afternoon, Chair and Members. I am proud to present AB338, the workforce investments for Los Angeles and Ventura Wildfire Recovery. I command the chair and Committee staff for their work and thoughtful analysis.

  • José Solache

    Legislator

    This legislation requests 50 million from the General Fund for the California Workforce Development Board to allocate to Los Angeles County Department of Economic Opportunity and the Economic Development Collaborative for the workforce recovery in Los Angeles and Ventura impacted by the 2025 wildfires. We have also submitted a budget request for this proposal.

  • José Solache

    Legislator

    These funds would support urgent workforce economic recovery strategies, provide relief for displaced workers and ensure the workforce necessary for rebuilding in Los Angeles and Ventura impacted by the 2025 wildfires. The Los Angeles and Ventura wildfires have devastated the region's economy, including workforce disruptions and employment insecurity.

  • José Solache

    Legislator

    Thousands of jobs have been lost and more than 1500 businesses have been destroyed. Lost economic output in billions. Recent reports estimated up to 8.9 billion. The Palisades and Eden fires alone. Economic impacts to Los Angeles and Ventura County areas of Southern California have ripple effect across our entire state.

  • José Solache

    Legislator

    Given the magnitude of this disaster strategy, economic recovery investments are called for. Mitigate economic hardships, protect employment opportunities and ensure the workforce necessary for rebuilding. Our region is still responding to disasters in the early stages of recovery. AB338 and the budget request are priorities to ensure equitable recovery.

  • José Solache

    Legislator

    This investment works in alignment with the ongoing recovery efforts to shore up a labor force and create high skilled living wage jobs for those that need them. Providing the resources to rebuild our region and helping rebuild lives for those who have lost livelihoods.

  • José Solache

    Legislator

    Here in support I will introduce Kelly Lobianco, Director of Los Angeles County Department of Economic Opportunity and Bruce Stisley, President of the CEO Economic Development Collaborative.

  • Kelly Lobianco

    Person

    Thank you so much. Good afternoon Chair Ortega and Members of the Committee. My name is Kelly Lobianco and I'm Director of the Los Angeles County Department of Economic Opportunities. First, I would like to thank Assemblymember Salache for advancing this important and timely Bill.

  • Kelly Lobianco

    Person

    I am here today on behalf of the County of Los Angeles to voice Strong support for AB338. As the county's Economic Development Agency, we experienced the gravity of the devastation and moved swiftly to support impacted workers.

  • Kelly Lobianco

    Person

    In the last three and a half months we distributed 19.1 million in immediate cash grants to 1300 businesses and 2300 impacted workers, knowing relief was needed right away and thanks to our Governor, Board of Supervisors and many public and private partners, we worked in coordination with Secretary Knox and the Employment Development Department to secure 20 million in National Dislocated Worker and Additional Assistance grants with 14.2 million managed by the county.

  • Kelly Lobianco

    Person

    This will support 1,000 impacted workers. We are grateful to have secured these relief funds for short term response, but more is needed. As you heard about the scale of the devastation. AB338 would allow us to scale these efforts and move beyond immediate relief for dislocated workers and into recovery for the region.

  • Kelly Lobianco

    Person

    It builds the pipeline for a resilient, trained workforce that can sustain the rebuild while ensuring workers gain meaningful long term employment. AB338 will help fill the workforce need and extends the reach of our response in the following ways.

  • Kelly Lobianco

    Person

    It expands training opportunities for sectors with known workforce shortages for the recovery and rebuild, especially health care, social services and skilled trades. It allows us to target workers from industries most disrupted by the fires, including hospitality, early care and education, transportation and the arts.

  • Kelly Lobianco

    Person

    It supports efforts to expedite credentialing and certification, enabling workers to pivot quickly into high demand recovery related jobs. It offers supportive services and stipends that increase access to upskilling opportunities for all of those impacted. And it provides flexibility to subcontract with local workforce boards, ensuring coordinated and place based solutions.

  • Kelly Lobianco

    Person

    It's worth emphasizing and I'll just be very, very quick to close this out. It's worth emphasizing this is not just about putting people back to work, it's about doing so in a way that builds equity and economic mobility.

  • Kelly Lobianco

    Person

    We also this this Bill also allows us to meet people where they're at through localized job centers where they will be able to provide in language services, culturally responsive outreach and supportive services incitements. We want to make sure no one is left behind in the recovery. This is not a short term fix, it's a long term support. Thank you.

  • Bruce Stenslie

    Person

    Good afternoon. Chair Ortega Members Bruce Stenslie President and CEO, Economic Development Collaborative in Ventura County We're a regional workforce and economic development public private partnership. We're a 501c3 nonprofit. We're very much dedicated to a triple bottom line attention to broadly shared economic prosperity, equity, inclusion, happy to say those words.

  • Bruce Stenslie

    Person

    And environmental stewardship for a sustainable quality of life, which is what we think this is about. My perspective on this Bill is shaped by a couple of things.

  • Bruce Stenslie

    Person

    One, my current experience in responding to the impacts of this fire, but augmented by experience from Thomas fire years ago, the Hill Woolsey fires, all in the last five or six years. So we've been through this and we understand what it takes.

  • Bruce Stenslie

    Person

    Also, I'm a former Director of the Los Angeles City Workforce Board, the Ventura County Workforce Board, recognizing very specifically that the fate of Ventura County is tied to economic recovery regionally. So this is very much a labor shed workshed that we share and it's hugely important for both of us.

  • Bruce Stenslie

    Person

    While the mountain fire in Ventura County did not cause the scale of devastation that we saw in Palisades in El Tedeno, what happened in Ventura County was an exacerbation of impacts to our most vulnerable workers still reeling from COVID put more directly, we had devastating disruption and loss of work for agriculture and food system workers, retail and hospitality specifically.

  • Bruce Stenslie

    Person

    These sectors comprise some 33% of all jobs in Ventura County. But they only pay about half of the median wage of Ventura County. These are the most impacted workers. What's more to the point, we recently completed regional analysis of Ventura County and six counties above us, five counties above us.

  • Bruce Stenslie

    Person

    Some 40% of all households live below a living wage. But only 25% of the jobs in the region pay a living wage. This investment, this Bill does several things that address those disconnects.

  • Bruce Stenslie

    Person

    Provide the career ladder training to help workers in the sectors impacted by wildfires to gain the skills such they can compete for jobs and living wages, including the specialty jobs and all the reconstruction recovery going forward. Invest in the strategies that support our homegrown growth of industries and occupations paying a living wage. And last comment.

  • Bruce Stenslie

    Person

    Expands on the essential worker and family supports for economic mobility. We ask for your support. Thank you.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in support?

  • Teresa Brown

    Person

    Thank you. Theresa Brown, Legislative Analyst on behalf of the California Community College's Chancellor's Office.

  • Max Perry

    Person

    Max Perry on behalf of the City of Camarillo. Also in support.

  • Ashley Hoffman

    Person

    Ashley Hoffman on behalf of the California Chamber of Commerce. And support.

  • Rosanna Carvacho

    Person

    Good afternoon, Madam Chair and Member Rosanna Carvacho Elliott here on behalf of the Early Care and Education Consortium. We really appreciate the Assembly Member adding in child care and in support. Thank you.

  • Liz Ortega

    Legislator

    Thank you. Do we have any main witnesses in opposition? Seeing none. I will move it over to. No comments. Did we have a motion and a second? Yes, we did. Secretary, would you like to close, please?

  • José Solache

    Legislator

    I actually would love to, Madam Chair. You know, this is the first Bill that I introduced and not only because the importance of it, but really bringing these dollars specifically to local communities.

  • José Solache

    Legislator

    When I got the first letter of support by the City of Camarillo and Ventura was a sign that, you know, local dollars matter to our communities. The Workforce development boards know their communities. These are folks that work in our communities all the time.

  • José Solache

    Legislator

    And I can't think of a better group than our Los Angeles County partners here in Ventura that these are going to go directly to the recovery of la. I know we've seen so much, you know, efforts have happened throughout the last couple of months, but the fact that we're going to bring these dollars directly to the recovery and.

  • José Solache

    Legislator

    And I couldn't think of any better one to do the work. And just thank for your support today and looking forward that we impact these families that have lost literally everything in our community. So thank you for your support and I respectfully ask for an aye. Support. Thank you, Madam Chair. Thank you. Secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    That Bill is on call. Thank you. Thank you so much.

  • Alex Lee

    Legislator

    All right. I'm going to do Assembly Bill 611.

  • Liz Ortega

    Legislator

    Thank you. Whenever you are ready.

  • Alex Lee

    Legislator

    Today I am presenting AB 611, which will require newspapers to give 120 days notice before selling the local media outlet. This notice will give the newsrooms and the community an opportunity to approach the owners and attempt to keep the outlet locally focused. Keeping local news local is critical and we're losing that. Now.

  • Alex Lee

    Legislator

    Conglomerates, private equity and hedge funds are buying up local newspapers. With only 10 companies now owning over 50% of all daily newspapers in the United States, national corporations owning local news has consequences. The newsroom staff get reduced and with layoffs and firings send experience and expertise out the door.

  • Alex Lee

    Legislator

    The reporting becomes reliant on syndicated news from around the country and the world with little focus on the local community beyond salacious crime, house fires and local sports.

  • Alex Lee

    Legislator

    And that change in focus from expert level reporters finding stories that matter to the community, shifting to cheaper syndicated stories with no connection to the community hurts all of our districts. This shift results in reduced awareness by voters of local issues, Reduced voter participation and increased polarization within national politics overlaid all local politics.

  • Alex Lee

    Legislator

    And that is not good for democracy. The Bill seeks to push back on this trend by giving the people in the newsroom and the community advance notice about a potential sale. And with me today in support is Maya Chupkov with Common Cause and Jesse Garnier, Chair of the Journalism program at the San Francisco State University.

  • Maya Chupkov

    Person

    Chair and Members of the Committee, Good afternoon. My name is Maya Chupkov and I'm speaking today on behalf of California Common Cause, the lead sponsor strongly supporting AB611, the Keep News Independent Act.

  • Maya Chupkov

    Person

    The Independence of community newspapers in California is at risk, and with it, our ability to access the trusted local information we need to participate meaningfully in our democracy. Hedge funds and corporate chains are quietly acquiring legacy newspapers, slashing staff, cutting coverage, and leaving communities uninformed and disconnected.

  • Maya Chupkov

    Person

    Over the last decade, the 25 largest newspaper companies have gone from employing just over 15% of all journalists in the US to now controlling 40% of the industry. These are not media companies. These are financial firms. And their business model is to extract value, not provide public service.

  • Maya Chupkov

    Person

    AB611 is a simple but powerful step in the right direction. It requires legacy local newspapers to give 120 days notice before selling to a hedge Fund or corporate chain. That gives independent buyers the chance to step in and make a competing offer to keep the paper rooted in the community it serves.

  • Maya Chupkov

    Person

    Sellers still have full freedom to sell. All the Bill requires is that they notify the public in advance if the buyer is not independent. Transparency is not red tape. It's a way to allow communities a shot at saving something vital to democracy before it's gone. We've seen what happens when these sales happen in secret.

  • Maya Chupkov

    Person

    Journalists are laid off, local coverage disappears, and Civic engagement suffers. AB611 gives communities a fighting chance to keep community news in community hands. The Bill is pro democracy and pro transparency. We respectfully urge your a vote on AB611. And thank you, Assemblymember Lee, for your leadership. Thank you.

  • Jesse Garnier

    Person

    Thank you. Good afternoon, Chair Ortega. Committee Members, many of us united over the last five years to fight off a deadly virus that threatened our public health of our communities. Today, our divided country confronts another toxic contagion viral disinformation and manufactured malicious propaganda harming our informational public health.

  • Jesse Garnier

    Person

    Robust, independent and trusted local news is an essential defense a vaccine against this infection. I am Jesse Garnier, Chair of the Journalism Department at San Francisco State University. I deeply support the fundamental goal of AB611 helping immunize our communities against disinformation by preserving local news and local jobs.

  • Jesse Garnier

    Person

    By keeping news outlets locally owned and operated, AB611 rightly targets profit driven consolidations and private equity acquisitions that weaken our informational immune system. Representative Lee's Bill seeks to inoculate our media ecosystem by focusing on local independent ownership, which is crucial. Healthy local news requires local voices with community trust.

  • Jesse Garnier

    Person

    Like any vaccine, a patient must be strong enough to survive it. Any efforts to keep news local must also support building capacity and capability.

  • Jesse Garnier

    Person

    Solutions like loan guarantees, state backed financing like that from the I Bank, Small Business Finance center or targeted tax relief could assist potential buyers and sellers during, to, during or leading up to any mandated notice period. Solutions like these could sustain, threaten publications, preserve local jobs and strengthen local offers.

  • Jesse Garnier

    Person

    With proper state support for truly local media ownership empowered to save the patient for many bright days ahead, AB611 can emerge as an effective treatment against the pandemic of disinformation and propaganda. Thank you.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in support?

  • Hope Williams

    Person

    Hope Williams Sustainable Economies Law Center strong support.

  • Unidentified Speaker

    Person

    ... Sustainable Economies Law center strong support.

  • Angela Chavez

    Person

    Angela Chavez Courage California and former community reporter strong support. Thank you.

  • Liz Ortega

    Legislator

    Do we have main witnesses in opposition?

  • Brittney Barsotti

    Person

    Good afternoon Madam Chair. Brittney Barsotti on behalf of the California News public, on behalf of the California News Publishers Association in respectful opposition. Also a very proud San Francisco State Journalism alumni.

  • Brittney Barsotti

    Person

    So sorry. Anyway, we're here in opposition to 611. CMPA represents over 566 publications in California, the vast majority of which are small or medium sized publishers. We appreciate the author's intent and the idea behind this Bill to sustain local journalism. Unfortunately, that's just not what this Bill does.

  • Brittney Barsotti

    Person

    It provides for onerous and misguided requirements on news publications when they need to sell all or even a portion of their publication under the lack of definition for a material asset. That could be the SACB looking to sell their office space to be able to downsize and keep journalists in newsrooms.

  • Brittney Barsotti

    Person

    And it gives it creates an inability to make adjustments that businesses often need to make, especially in economic uncertain times, to be able to keep their doors open. Something like selling a printing press for example, could be characterized as a material asset. Unfortunately, with the recent amendments to the Bill.

  • Brittney Barsotti

    Person

    We are unclear as to what the actual goal of this Bill is. It removes the requirement for publications to offer the purchase of the publications to employees which is turning away from the stated purpose of this goal.

  • Brittney Barsotti

    Person

    This Bill would eliminate our Members ability to make critical business decisions and the definitions in the amendments are so esoteric they must be explained. As this Bill reads currently it will require 4 months 120 days notice before you could sell off anything.

  • Brittney Barsotti

    Person

    You would have to have a signed agreement for an amount to even be able to place the notice requirements and a buyer that's willing to wait four months. So with that I respectfully urge your no vote.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in opposition? Seeing none, I will bring it back to the dais for any comments or questions. We need a push. 2nd 2nd Would you like to close?

  • Alex Lee

    Legislator

    Yes. I would just like to thank the Committee for working with me on this Bill. You know, keeping local journalism local is really important and I do wholeheartedly want to keep working with the opposition to figure out some of the clarifications on these issues because this is a complicated issue and we want to make sure we're against the conglomeration and syndicalization of corporate media obviously has such polarizing effects and I like the terminology of the plague of disinformation that we're suffering.

  • Alex Lee

    Legislator

    And if more and more people are unaware and uninformed of what's happening locally then that does this great disservice to our State of California. So respectfully ask your aye vote.

  • Liz Ortega

    Legislator

    Thank you Secretary. Please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    That measure is on call. Thank item number eight. Assembly Member Arambula, whenever you are ready.

  • Joaquin Arambula

    Legislator

    Thank you Madam Chair and Members. I would like to begin by thanking the Chair and the Committee staff for their work on this Bill. AB 845 requires that state agencies responsible for receiving farm worker complaints coordinate and share information to ensure safety complaints are resolved.

  • Joaquin Arambula

    Legislator

    Our farm workers are oftentimes subject to the worst of climate change, working long hours in extreme heat with limited access to shade and cool water. Moreover, California's diverse farm worker community includes monolingual migrants that speak Spanish and other indigenous languages who face significant difficulties navigating systemic sources of support.

  • Joaquin Arambula

    Legislator

    Workers also face increasing fears of deportation and other immigration consequences that further their mistrust of government. Unfortunately, even when farmworkers overcome these barriers to seeking help, state entities oftentimes do not process or refer issues outside of their jurisdiction, causing serious workplace issues to go unaddressed.

  • Joaquin Arambula

    Legislator

    This Bill ensures that our state agencies provide reliable support to the communities most in need. Testifying in support of this Bill is Marco Lizarraga with La Cooperativa Campesina.

  • Marco Lizarraga

    Person

    Good afternoon, Madam Chair Ortega. Committee Members, My name is ... as. Assemblyman Said. Marco Lizarraga and I'm the Executive Director of La Cooperativa Campesina. We're a statewide organization serving farm workers throughout the state. I'm also co sponsor of 845 by Assemblymember Joaquin Arambula. One of the things that I really want to talk about.

  • Marco Lizarraga

    Person

    Most farm workers, of course, work under extreme circumstances. And I didn't read about this when we first came to this country. We came to work in the fields. So I worked up until I was a sophomore in high school, Nicolexica in the fields. And it wasn't unusual to work at 110 degrees or 112.

  • Marco Lizarraga

    Person

    There were times where we were stopped from working at 10:30 in the morning because it was so hot. So I know what it is like to work like that without any shades. We carry a little bottle of water that used to get really hot because there were no shades. So the farm workers always working under extreme dangers.

  • Marco Lizarraga

    Person

    And of course, they have continued for many years to work without protection, the finding of shade or not having clean drinking water or bathrooms. Because even today, you know, everybody thinks a farm worker is working in a big field and you have 50100 farmworkers, you know, harvesting.

  • Marco Lizarraga

    Person

    No, sometimes you only have four or five or six when they're whole, weeding or doing other work. And the law doesn't require that they have bathrooms. Okay? So we also, you know, I'll have to allude to the barriers that the farm worker has.

  • Marco Lizarraga

    Person

    And in fact, when I was working in the fields, I was learning English, and I think my dad took me to work there so that I would understand that you better get an education, okay? The majority, of course, you know, speak Spanish only and other indigenous languages like Mixteco, Sapoteco, or Tricki. Okay?

  • Marco Lizarraga

    Person

    So that makes it even more difficult for them to access any assistance. And one of the problems that you have, when they report unsafe conditions, they find themselves in a system that is quite broken. Complaints go through the cracks. They don't get to where they're supposed to get because of this issue.

  • Marco Lizarraga

    Person

    The problems are left unsolved and workers are left unprotected. AB845 offers a clear and urgent solution. It requires the agricultural labor relations Board, the Division of Labor Standards Enforcement and Cal OSHA to work together, not separately. When a farm worker fires a complaint.

  • Liz Ortega

    Legislator

    Sir, if you can wrap it up. Thank you. Please.

  • Marco Lizarraga

    Person

    Yes. Thank you.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in support?

  • Isabel Solis

    Person

    Isabel Solis, President Los Amigos De LA Comunidad and proud daughter and granddaughter of farm workers in support of AB 845.

  • Liz Ortega

    Legislator

    Do we have any main witnesses in opposition? Seeing none. I'll turn it over to the dais. Seeing no questions or comments. Do we have a motion? We have a motion and a second Assemblymember. Arambula, would you like to close? And thank you so much for bringing this forward. And thank you so much for your testimony.

  • Joaquin Arambula

    Legislator

    Thank you, Madam Chair, for the opportunity to present. I respectfully ask for an aye vote on behalf of farm workers who we should give the dignity and respect that they have earned.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    That measure is on call. Thank you. Item number 11. Item number 11. Assembly Member Garcia.

  • Robert Garcia

    Legislator

    Good afternoon, Madam Chair, members of the committee for the opportunity and thank you for the opportunity to present AB 1365. I would like to start by thanking the committee staff for working with us on this bill. I will be accepting the committee amendments.

  • Robert Garcia

    Legislator

    AB 1365 establishes the CalAccount Program, a first of its kind, 0 fee, 0 penalty banking account administered by the State Treasurer. With the cost of living skyrocketing and California struggling to afford basic groceries, every dollar a family can save counts.

  • Robert Garcia

    Legislator

    One in six California households do not have access to a bank account due to pricey overdraft fees and minimum balance requirements. 75% of these households make less than $30,000 a year.

  • Robert Garcia

    Legislator

    Lacking access to traditional banking not only means that you pay more for basic financial services, but that you are less able to save, build credit, receive fee free government assistance and exit poverty. Women and people of color are especially disadvantaged by traditional banking practices.

  • Robert Garcia

    Legislator

    This bill will help all workers maximize their income and savings by providing the option for direct deposit into CalAccounts. AB 1365 removes banking barriers by offering a 0 fee, 0 penalty and no minimum debit account, ensuring that everyone can partake in the world's fifth largest economy. With me to testify and support are Ms. Paulina Gonzalez-Brito representing Rise Economy and Ms. Constance Hill, an in home support service worker here to share their stories.

  • Constance Hill

    Person

    Good Afternoon. My name is Constance Hill, I live in South Sacramento and I have been a home care provider since 2007. I'm currently making $18.65 an hour. I currently care for a military veteran who needs help with daily living. In this work I've learned something important, people need a chance. They need an opportunity to thrive.

  • Constance Hill

    Person

    For a good portion of my life I have been a single mom trying to make it day by day. There have been times when I was faced overdraft fees and unexpected charges. I wasn't making much money and I wasn't always getting my paycheck when I was supposed to. I paid the bills, I had to. But I still remember checking my balance. Especially back when people still use checks. Just hoping nothing would bounce or I get charged yet another fee.

  • Constance Hill

    Person

    I'm not making excuses, but if you have ever had to check your balance book on pennies and a prayer, then you know how easy it is to make a mistake that can end up in a bounced check. But even when it seemed like I was doing everything right, I still end up with fees that I didn't understand that seemed to come out of nowhere.

  • Constance Hill

    Person

    I didn't know how to fix the fees and barely had time to take care of the basics. How could I find the time to fight against an unfair bank fee? Especially when banks are closed on evenings and weekends?

  • Constance Hill

    Person

    One thing I know from my work is that we all deserve compassion when life hits us hard. What I needed was support. Something that would stop me from overdrafting without warning and from being punished for just trying to survive. But banks didn't offer that.

  • Constance Hill

    Person

    They still don't offer that for people who are coming up through the same struggles I did. Now I'm in my 50s and I wish I had more savings. I had three bank accounts over the years and now I'm down to one. And honestly, I'm not getting anything out of it.

  • Constance Hill

    Person

    Even when I had a savings account, my money didn't grow. It just sat there. And sometimes it even shrank because of fees. If I had access to something like CalAccount 20 years ago, things could have been different. I might have had more stability, more savings, more peace of mind.

  • Constance Hill

    Person

    Because of the fees and penalties working families take home, pay is shrinking even before we had a chance to pay the bills, to keep the lights on or put food on the table. Working families are getting squeezed from every direction. Squeezed from the boss, squeezed from the landlord, squeezed from banks.

  • Constance Hill

    Person

    On what little money we have left after we pay our rent. Cal Accounts let IHSS workers like myself, people who work hard, who care for others, a chance to have a banking account that works for us and not against us. We need your leadership and support for CalAccount. I urge you to vote yes on AB 1365. Thank you.

  • Paulina Gonzalez-Brito

    Person

    Good afternoon, my name is Paulina Gonzalez-Brito. I am the CEO of Rise Economy. Rise Economy is a coalition of over 300 community based organizations working in low income communities and communities of color across the state. Our mission is to close the racial wealth gap.

  • Paulina Gonzalez-Brito

    Person

    I also served on the CalAccount Blue Ribbon Commission that oversaw the RAND feasibility study. Too often, bank fees and fees paid to alternative financial service providers like check cashers, strip families of their hard earned wealth and income. This is why we are in support of CalAccount.

  • Paulina Gonzalez-Brito

    Person

    Immigrant, black, and brown Californians work disproportionately caregiving and in service jobs that pay far too little and bear far too much risk. Risk from unpredictable schedules, wage theft, and employers issuing paychecks that bounce. The reality is workers lack access to low cost basic financial services like direct deposit and debit cards.

  • Paulina Gonzalez-Brito

    Person

    72% of unbanked households earn $30,000 a year or less in California. Black households spend 8% of their household incomes on interest and fees and Latina and Latino households spend 6%. The most financially vulnerable Californians pay an average 16% of their income on interest and fees. 16%. That's half a monthly rent payment.

  • Paulina Gonzalez-Brito

    Person

    A project we collaborated on with the Roosevelt Institute that sent potential shoppers into banks found that the majority of people wanting to open a new account were not told about low cost accounts or ways to avoid overdraft fees. Many were just turned away.

  • Paulina Gonzalez-Brito

    Person

    I know from experience going with my parents to open an account, they were told they needed to opt into overdraft and there was no other option. That's just not the case. At the federal level, Congress and the administration are rolling back consumer protections, including limiting overdraft fees.

  • Paulina Gonzalez-Brito

    Person

    In this climate is more important than ever that the State of California take the lead on offering no cost, fee free accounts for all Californians that need one. An account that will reliably stay fee free. On behalf of Rise Economy and our 300 plus members, I respectfully ask for your support.

  • Alex Lee

    Legislator

    Thank you very much. Now are there witness, are there members of the public which testify in support of the bill? Please come to the microphone.

  • Danielle Kando-Kaiser

    Person

    Good afternoon members. Dani Kando-Kaiser on behalf of one of the cosponsors of the bill, the National Consumer Law Center. Thank you.

  • Sandra Jauregui

    Person

    [Spanish]

  • Testimony Translator

    Person

    My name is Sandra Jauregui. I work for Jack in the Box. I'm in supportive CalAccount. We all deserve an account where we can put our money and we won't get charged fees.

  • Atel Pena

    Person

    [Spanish]

  • Testimony Translator

    Person

    My name is Atel Pena. I work at Popeyes. I'm here to support CalAccount. We all deserve a place to put our money and not have to pay fees. Thank you.

  • Jameel Hunt

    Person

    Sorry, a little taller. Hello, my name is Jameel Hunt. I work security at Kaiser ED and I support CalAccounts and AB 1346 because you shouldn't expect a place that is supposed to help you build money and wealth to be the place where you're getting most of it taken from. Thank you.

  • Tiffany Whiten

    Person

    Tiffany Whiten with SEIU California, proud cosponsors in support of the bill. Also here in support, on behalf of California Public Banking and Alliance and ASIAN Inc. Thank you.

  • Christopher Sanchez

    Person

    Christopher Sanchez on behalf of the Consumer Federation of California and Inclusive Action for the City in strong support

  • Rebecca Gonzales

    Person

    Rebecca Gonzales with the Western Center on Law and Poverty in support.

  • Cynthia Samudio

    Person

    Cynthia Mezco Samudio with FreeFrom, proud cosponsor of the bill. Here in support.

  • Rosso Manning

    Person

    Rosso Manning on behalf of California State Treasurer, Fiona Ma, in support of this bill.

  • Alex Lee

    Legislator

    Fantastic. Thank you. Now do we have witnesses opposition to the bill? Please come up to the desk. Thank you. Two minutes each, please. Thank you.

  • Lindsay Gullahorn

    Person

    Got it. Good afternoon. Lindsay Gullahorn here on behalf of the California Community Banking Network. We are respectfully opposed to AB 1365. And while we do agree with the goals of the bill to increase access to affordable banking services for Californians, we believe these services are already available at banks and credit unions.

  • Lindsay Gullahorn

    Person

    And we don't think the research supports the need for a CalAccount program in California. Important to note that the CalAccount feasibility study found that only 5.1% of households in California do not have access to bank accounts and half of those are not interested in one.

  • Lindsay Gullahorn

    Person

    To increase access to low cost bank accounts for Californians, community banks and credit unions are joining the BankOn Program which works to ensure access to secure low cost accounts that have no overdraft fees. Rather than enacting CalAccount, the state should explore ways to further promote BankOn, which is more secure and less expensive than CalAccount.

  • Lindsay Gullahorn

    Person

    Further, the CalAccount feasibility study relies on hundreds of thousands of Californians who already have accounts at existing credit unions and banks moving into CalAccount to ensure sufficient enrollment. Community banks can choose to be chartered in California or chartered federally.

  • Lindsay Gullahorn

    Person

    The number of banks and credit unions that are chartered here continues to decline and taking half a million customers out of the existing bank and credit union network will erode the attractiveness of the state charter for community banks and encourage them to be federally chartered.

  • Lindsay Gullahorn

    Person

    Also want to note that under AB 1365, every employer with more than 10 employees would be required to offer direct deposit to a CalAccount. Every hiring entity with more than 25 independent contractors would have to offer payment through a CalAccount. And every landlord, regardless of size, would have to accept rent payments from a CalAccount.

  • Lindsay Gullahorn

    Person

    These new mandates affect nearly every business and landlord in California. So in closing, definitely appreciate the intent of the bill. Would like to work with the author and the legislature on ways to ensure Californians have access to affordable bank accounts. But unfortunately, today we are opposed to AB 1365. Thank you.

  • Liz Ortega

    Legislator

    Do we have additional witness? Oh, Sorry.

  • Chris Shultz

    Person

    Hi, Chris Shultz with the California Bankers Association. We appreciate the intent of the bill and we all want better banking services for folks who don't have good access to banking.

  • Chris Shultz

    Person

    The real issue here is the feasibility study says it costs $175 to $400 a year to maintain a bank account at a community bank, a credit union, any bank, right? And the proposal here is to offer no fee, free, no fee bank accounts to Californians.

  • Chris Shultz

    Person

    So the General Fund is going to make up that cost to the tune of hundreds of millions of dollars. The feasibility study found that these accounts will generate only about $45 a year in revenue, but they cost hundreds of dollars to maintain. That's really the issue here.

  • Chris Shultz

    Person

    If the bill were truly targeted to only the unbanked or survivors of domestic violence, the things that proponents talk about, that would be, I think, one thing. But the bill says offer to all Californians a bank account with these features.

  • Chris Shultz

    Person

    The net effect of approving this bill is California might end up in the position of offering a bank account to all Californians that subsidized by the General Fund, because of the way this program is designed.

  • Chris Shultz

    Person

    I was really hopeful that the feasibility study would tell us something really truly meaningful about the 5% of California households who don't have a bank account. Like, what is their real problem? And why are they not interested in getting a bank account from this, from a bank or a credit union or from the state government?

  • Chris Shultz

    Person

    They don't trust the state government any more than they trust banks or credit unions. That's in the feasibility study report. So we must respectfully oppose the bill. Thank you.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in opposition?

  • Emily Doe

    Person

    Good afternoon, Emily Doe with the California Credit Union League here in respectful opposition. Align my comments with the bankers and community banks. Thank you.

  • Liz Ortega

    Legislator

    Seeing no other witnesses in opposition. Senator Member Lee.

  • Alex Lee

    Legislator

    I just want to thank the author for bringing this bill forward. You know, this has been a long road coming for members who have been here for a little while.

  • Alex Lee

    Legislator

    Seeing the march towards universal banking and making sure everyone has access to lines of credit and storage of their money and wealth that they have has been a long time coming. So I would of course, like to ask to be joined in as an author or a joint author, sorry, co author or joint author, whichever you'll have me on.

  • Alex Lee

    Legislator

    Because I do think it's really important. And I do want to push back a little bit on some of what I heard is as important it is to get people unbanked to be part of the program, and they have banking access.

  • Alex Lee

    Legislator

    Our principles of universalism should mean that every Californian ought to be part of the system, and it ensures also the better health of our system. And frankly, I do think it's important to have more competition in the market. And if a competitor is a public option to compete with a private interest, that is just as good.

  • Alex Lee

    Legislator

    And if we are able to do it with zero fees, zero penalties, I think those are important. So I do really believe this is a very important bill and a really great step in the right direction to change really the fabric of public finance and private finance, really, as we know in California. So I really like this bill and I'm happy to move this bill.

  • Ash Kalra

    Legislator

    Second, I'd also like to be added as a co author. Thank you.

  • Liz Ortega

    Legislator

    Well, I would also would like to thank the author. I mean fee after fee after fee. We cannot talk about affordability in this state and the struggles that people are facing just to pay their bills if we don't talk about the fees that are being charged by these big banks. So I appreciate you bringing this bill forward. Has a, would you like to close?

  • Robert Garcia

    Legislator

    Thank you, Madam Chair. I just would like to respond that, you know, we do feel that this bill is an on ramp for those that are unbanked or underbanked right now and to possibly explore other financial services like interest bearing accounts.

  • Robert Garcia

    Legislator

    And so it's not meant to be competition but mainly complementary and definitely would like to appreciate the support as co authors or joint authors and happy to have on board and so so I respectfully ask for an aye vote.

  • Liz Ortega

    Legislator

    Secretary, please call the roll.

  • Committee Secretary

    Person

    [ROLL CALL]

  • Liz Ortega

    Legislator

    The measure is out. Thank you.

  • Robert Garcia

    Legislator

    Thank you so much. Appreciate.

  • Liz Ortega

    Legislator

    We are going to go a little bit out of order. Assembly Member Kalra, if you would like to present your bill?

  • Ash Kalra

    Legislator

    Thank you Madam Chair. Members and I want to thank Senator Petrie Norris for her grace. AB 1362 will require all foreign labor recruiters to register with the Labor Commissioner, not just those who recruit workers with the H2B visa category.

  • Ash Kalra

    Legislator

    In 2014, California passed SB477 by Senator Steinberg to address the lack of regulation of FLRs by requiring them to register with the Labor Commissioner, requiring employers to hire registered FLRs, and most importantly, providing protections and remedies for the foreign workers solicited and recruited to work temporarily in California.

  • Ash Kalra

    Legislator

    However, while the author has stated his intent that the Bill cover foreign labor recruiters recruiting workers under all visa categories minus J1 and Talent Agencies, SB477 was interpreted as only applying to H2B workers. Human traffickers have exploited this loophole, leaving around 345,000 temporary foreign workers coming to California annually without essential labor protections.

  • Ash Kalra

    Legislator

    These workers include H2A visa holders who make up the temporary visa category with the most documented instances of human trafficking. AB 1362 rightfully corrects this lapse by making it clear all foreign labor recruiters are required to comply with the provisions of SB477.

  • Ash Kalra

    Legislator

    I also want to clarify that foreign labor recruiters and farm labor contractors are two distinct entities and that the registration requirements are not duplicative. What we are addressing with AB 1362 are foreign labor recruiters who largely operate outside the US to recruit workers. Unscrupulous FLRs often mislead individuals about the work or charge fraudulent fees.

  • Ash Kalra

    Legislator

    On the other hand, farm labor contractors hire and manage workers after they've arrived in California and are regulated as employers.

  • Ash Kalra

    Legislator

    Amidst rollbacks of worker protections at the federal level and changing border policies, it is urgent that California ensure all temporary immigrant workers, from domestic workers to farm workers to nurses, are protected against wage theft, human trafficking and other labor violations.

  • Ash Kalra

    Legislator

    Here to testify in support are Stephanie Richard, Director and visiting Associate Clinical Professor with the Sunita Jain Anti Trafficking Initiative, and Jeanette Zani Pathen, Director of Policy and Advocacy with Sherla.

  • Stephanie Richard

    Person

    Hello, my name is Stephanie Richard and I'm the Director of the Sunita Jain Anti-Trafficking Initiative at Loyola Law School. We are the proud sponsor of AB 1362, a Bill that provides critical protections for temporary workers as California continues to fight against fraudulent recruitment and labor trafficking.

  • Stephanie Richard

    Person

    Each year, 350,000 temporary workers come to California on about 16 different visa programs across industries from agriculture to tech, including but not limited to A3, B1, H1, B H1C, H2A, H2 to be, L1 01, P3 and TN visas. Just saying that list makes my head spin and think about if you were a worker on a temporary visa.

  • Stephanie Richard

    Person

    All temporary worker visa holders face the same common vulnerability. Recruitment fraud by foreign labor contractors who subcontract with employers to bring workers to our state.

  • Stephanie Richard

    Person

    This unchecked system has led to widespread exploitation and as documented by anti trafficking experts and ethical businesses for the last 20 years, it is rare we have a real policy solution that experts all agree will prevent trafficking before it starts. So first, let me tell you about Jose, a worker I represented.

  • Stephanie Richard

    Person

    That's not his real name because he's afraid, but Jose came to California on an H2A visa to pick avocados. A recruiter told him he had to pay a visa fee, so he took out a 10,000 peso loan. Once he arrived, he was crammed into a single room with 34 other men. Also on H2.

  • Stephanie Richard

    Person

    He was promised 40 hours a week, but for 20 days they had no work at all. And he never received the hours promised. His debt kept him silent. Too afraid to complain, his employer threatened to call the police and have him deported if he spoke up.

  • Stephanie Richard

    Person

    Jose later told me that if he knew he should not have had to pay a visa fee and had a right to a written contract in his own language outlining the visa and job conditions. He would have felt, sought help earlier and escaped this abusive workplace. But ABA is not AB 1362 is not just good for workers, but good for business. So I urge your aye vote on AB 1362.

  • Jeannette Zanipatin

    Person

    Good afternoon. My name is Jeannette Zanipatin. I'm Director of Policy for the Coalition for Humane Immigrant Rights of Los Angeles. We are a proud co sponsor of AB 1362. Over 10 years ago, testimony in front of the Senate Judiciary Committee highlighted this case. On SB477. More than 250 Thai agricultural workers were fraudulently recruited.

  • Jeannette Zanipatin

    Person

    Workers were charged recruitment fees of up to $25,000 upon arrival. Traffickers confiscated their passports, imposed debt bondage and subjected them to threats of physical violence to prevent escape. Today, workers recruited by fraudulent labor recruiters who come to California on either H2A or other temporary visas still receive no protection in California for these abuses.

  • Jeannette Zanipatin

    Person

    As a sponsor of the Bill, we invited workers to testify on their behalf about their experiences and unfortunately, their employers will not allow them to take leave to be here and share their testimony with you today. I will share some of the key points from their testimony today.

  • Jeannette Zanipatin

    Person

    Conti was 18 years old when she came to the United States from Sri Lanka as a domestic worker on a B1 visa. She signed paperwork that was all in English, was never paid, and worked almost 24 hours a day. She was verbally and physically abused by her family, by her recruiter and by her employer.

  • Jeannette Zanipatin

    Person

    And her family in Sri Lanka was threatened when she attempted to leave. Angela came to the United States on a lawful visa with a promise of a good job in the Philippines. Going to the United States was like winning the lottery. However, when she got here, she realized it was not.

  • Jeannette Zanipatin

    Person

    She was told she had to work 12 years to pay back the $10,000 debt for her visa. She worked 18 hours a day in an elderly care facility and slept on the floor. She was told if she tried to leave, her trafficker would call the police and have her arrested for stealing.

  • Jeannette Zanipatin

    Person

    All these workers wish they could have been here today to tell you their stories and the need for AB 1362. None of these workers were aware of any of their rights or knew how they could ask for help.

  • Jeannette Zanipatin

    Person

    For these reasons, we urge you to vote on AB 1362 to ensure that these workers, like Conti and Angela, have the protections from both labor and trafficking abuses here in California.

  • Liz Ortega

    Legislator

    Thank you. Do we have Additional witnesses in support.

  • Sara Flocks

    Person

    Madam Chair, Members of the Committee, Sara Flocks, California Federation of Labor Unions, in support.

  • Kristin Heidelbach

    Person

    Good afternoon. Kristin Heidelbach here on behalf of UFCW Western States Council. In support.

  • Lang Lei

    Person

    Lang Lei on behalf of Asian Americans Advancing Justice, Southern California and also on behalf of the Center for Human Rights and Constitutional Law.

  • Annalee Akin

    Person

    Thank you, Madam Chair. Members Annalee Augustine here on behalf of the American Apparel and Footwear Association in support.

  • Beth Spitler

    Person

    Thank you. Chair and Members Beth Spitler on behalf of the California Farm Worker Coalition, Centro Binacional para Destination Desaroyo, Indigenous, Central California Environmental Justice Network, Mixteco Indigna Community Organizing Project and California Food and Farming Network in support.

  • Liz Ortega

    Legislator

    Thank you. Do we have any main witnesses in opposition? Seeing none, I will move it back to the dais for any comments.

  • Chris Ward

    Legislator

    I'll move the Bill and I'd like to be added as a co-author. Thank you.

  • Liz Ortega

    Legislator

    We have a motion and a second. Would you like to close?

  • Ash Kalra

    Legislator

    I think my witnesses did a great job respectfully sk for an aye vote.

  • Liz Ortega

    Legislator

    I agree. Secretary, please call the roll.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    That measure is out. Thank you. Item number 10. No, sorry. Item number 9. Assembly Member Petrie Norris. Thank you so much for your patience.

  • Cottie Petrie-Norris

    Legislator

    Good afternoon, Madam Chair and Members. Pleased to join you Today to present AB963, a good government Bill to make sure that private corporations that are developing taxpayer funded projects are in compliance with existing public contracting and labor laws. As you all know, the California Public Records Act is a fundamental pillar of good, transparent and accountable government.

  • Cottie Petrie-Norris

    Legislator

    A key principle of the CPRA is that government records shall be disclosed upon request unless there is an expression legal reason to deny that access. Under current law, when a public agency undertakes a public works project, they must provide access to documents associated with that project, like payroll records or bid documents.

  • Cottie Petrie-Norris

    Legislator

    It is common for the Division of Labor Standards Enforcement or Joint Labor Management Committees to request access to those records to ensure that they are compliant with state law. However, because they are generally exempt from the cpra, private entities do not currently have to provide these relevant documents even when they are using public funds.

  • Cottie Petrie-Norris

    Legislator

    Private entities thus operate in a gray space, affording bad actors the ability to skirt accountability laws should they so choose.

  • Cottie Petrie-Norris

    Legislator

    AB963 would close this loophole and allow the Division of Labor Standards Enforcement, multi employer Taft Hartley Trust Funds and Joint Labor Management Committees to request a limited scope of documents from A corporation or LLC that is utilizing public funds on a development project. And I do recognize that opponents have concerns for this Bill.

  • Cottie Petrie-Norris

    Legislator

    I am committed to continuing to work with them to address those concerns while also protecting the goal of this Bill to provide transparency and provide additional tools to assure compliance with important statutes governing wage and hour and other provisions.

  • Cottie Petrie-Norris

    Legislator

    By granting this authority, we can ensure that taxpayer dollars are spent in a manner that is consistent with our strong public contract and labor codes and that required prevailing wage requirements are being met and enforced. Pleased to be joined today by two witnesses, Mike Greenlee from the International Union of Painters and Allied trades District Council 16.

  • Cottie Petrie-Norris

    Legislator

    And Adam Cortez, who is joining us from Northern California Painters Workplace Preservation Fund. Thank you, gentlemen.

  • Adam Cortez

    Person

    Good afternoon, Chair and Members of the Committee. My name is Adam Cortez. I am a public works investigator for Work Preservation Fund Incorporated, a labor management Cooperative Committee. I've also been in the trades for 12 years and worked on numerous projects that this Bill hopes to address.

  • Adam Cortez

    Person

    We believe this Bill is greatly needed to provide some oversight on construction projects that are being developed by private entities that utilize public public funds. When the California Public Records Act was implemented in 1968, it was to promote transparency and accountability. Millions of California tax dollars go towards public works construction.

  • Adam Cortez

    Person

    Government agencies like cities, counties, school districts and even legacy agencies like Caltrans are required to submit public records through the cpra.

  • Adam Cortez

    Person

    This has worked well to hold public agencies accountable, but it does nothing to ensure that construction workers employed on projects being built by private entities using public funds are protected from wage theft, misclassification and violations of state labor codes because there is currently no avenue to gain access to records as these entities are excluded from the California Public Records Act.

  • Adam Cortez

    Person

    If private entities utilize the people's funds to develop projects, then it is the people's business to ensure that those funds are being utilized in a correct manner and that workers are not being hurt in the process. Assembly Bill 963 has been drafted to accomplish just that.

  • Adam Cortez

    Person

    This Bill allows only division of labor standards enforcement of the Department of Industrial Relations, multi employer Taft Hartley Trust funds and joint labor management committees established under the Federal Labor Management cooperation Act of 1978.

  • Adam Cortez

    Person

    The ability to request an extremely limited scope of documents relating only to the project being developed utilizing public funds to ensure workers are protected. I appreciate your time and ask for your support on AB963. And just to add, I have a stack here of civil wage and penalty assessments.

  • Adam Cortez

    Person

    These are on public record from the Department of Industrial Relations totaling almost $1.0 million in violations, including Wage theft, among other penalties from projects developed by private entities.

  • Mike West

    Person

    Thank you. Good afternoon Chair Ortega Members, Mike West here. My colleague Mike Greenlee was unable to make the Committee today, but Mike West proud co sponsor on behalf of the State Building Trades. I want to thank my colleague for his testimony and add to it to correct a little bit of misinformation that is out there.

  • Mike West

    Person

    First, when a project with public funds is competitively bid, everybody is working from the same set of plans and specifications and is required to pay prevailing wage. Often a bid will come in so low that it comes to the attention of our compliance groups.

  • Mike West

    Person

    We then often meet with the owner or developer and show them the numbers and possible previous wage and hour violations by the bad actor awarded the contract. They don't want to see the numbers or hear anything or acknowledge the previous violations.

  • Mike West

    Person

    The bottom line is the contractor is not planning on going in the hole and not making a profit or skirting the job specifications. The only thing left is to not pay the workers the prevailing wage.

  • Mike West

    Person

    Contrary to the opposition's claim, the compliance groups are not out shotgunning request for certified payroll to find something they already know that there is something wrong and the certified payroll would eventually substantiate the violations compared to the hours calculated through monitoring the project. Second, request for certified payroll cannot slow down or stop the construction of projects.

  • Mike West

    Person

    These requests come after the work is complete, so there is no way to impact the work that is already done.

  • Mike West

    Person

    It is also not a major issue for the owner developer to comply because the request, like other documents, pass back and forth between entities during construction like RFIs, RFPs and change orders, and these can be easily accessed by an administrative professional. The workers on the job are not the only victims of wage theft.

  • Mike West

    Person

    High road contractors employ estimators full time to review plans and specifications and submit bids on projects. When a low road contractor wins a bid with no intention of paying the correct wage, that is a hit to the honest contractor who is paying wages and payroll taxes to his estimator.

  • Mike West

    Person

    It is not unusual for us to hear that a good contractor is continuing to come in second on a project that is vastly different in scope and price, but is losing the jobs by exactly the same margin as on other projects.

  • Mike West

    Person

    If entities at all levels that are building housing or infrastructure are on the up and up, they should be supportive of this measure. Thank you very much.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses and support?

  • Martin Vindiola

    Person

    Good afternoon, Chair and Members. Martin Vindiola on behalf of the California State Association of Electrical Workers, the California State Pipe Trades Council and the Western States Council of Sheet Metal Workers in support.

  • Sara Flocks

    Person

    Sara Flocks, California Federation of Labor Unions, in support.

  • Mike Greenlee

    Person

    Good afternoon. I am that Mike Greenlee, political Director.....

  • Liz Ortega

    Legislator

    Thank you. Do we have main witnesses in opposition?

  • Silvio Ferrari

    Person

    Good afternoon Madam Chair Members. Silvio Ferrari here on behalf of the California Building Industry Association. We actually have an opposed unless amended position on the Bill. And the reason we took an opposing less amended position on the Bill because we actually think there is a way to get to where the author and sponsors want to go.

  • Silvio Ferrari

    Person

    We actually worked on amendments last year on it. What I think is identical Bill shared those last year, shared them again this year. And we do think at the heart of it that we could probably find a way to work together and just hope that we have an opportunity to do that.

  • Silvio Ferrari

    Person

    Under current law, access to these records is already allowed. This Bill is pulling in owners and developers. We are not the employers of this workforce. They are employed directly by the subcontractors or the direct process contractor. So we are even further away from these workers than the people who could and should be providing these records today.

  • Silvio Ferrari

    Person

    So for us the question really is why are you not getting these and how would we be able to help you when we are only further away from those folks than you're currently allowed to get? Not only that, but the penalties for non compliance are pretty hefty and and the timeline is very short.

  • Silvio Ferrari

    Person

    And again if we are further away, how are we going to do that in a quick and efficient time? We do feel like this Bill is truly setting us up to fail. So that again is why we came forward with amendments to try to achieve the goals and would again still love to have that conversation.

  • Silvio Ferrari

    Person

    One thing I think to close on is just yesterday the Department of Industrial Relations published their public works online system. It just launched. That online system is where public works projects, my understanding, should be now uploading certified payroll records. So it is possible that we might see this issue helped significantly or maybe even dealt with.

  • Silvio Ferrari

    Person

    So again we are opposing unless amended and appreciate your time.

  • Gracia Krings

    Person

    Good afternoon Madam Chair and Members. Gracia La Castillo Krings here on behalf of the California Housing Consortium. Unfortunately we have to oppose this Bill. However, we are working with the Assembly woman and her staff to see if we can actually reach a resolution where there's some disagreement is to what my colleague was saying.

  • Gracia Krings

    Person

    When a private developer is subject to a prevailing wage requirement, they are supposed to provide a lot of this information to the Department of Industrial Relations to ensure that the actual project is in compliance with all relevant labor laws and prevailing wage requirements. And all of those records are available and anybody can request them.

  • Gracia Krings

    Person

    So we're not sure why that information that is already made available to the public is not sufficient. This Bill, unfortunately, we think goes a little. It's a little broader than what is already required.

  • Gracia Krings

    Person

    And we agree that at the end of the day, if additional compliance mechanisms are needed, we want to be a partner with the Assembly woman to make sure that that is happening. It is not our intent to basically protect any developer that is not complying with the law.

  • Gracia Krings

    Person

    So we welcome an opportunity to work with the sponsors to do that. We just don't think that this is the right approach. However, we are hoping that we can continue discussions that will lead to a resolution where CHC can be neutral, if not support the Bill.

  • Liz Ortega

    Legislator

    Additional witnesses and opposition.

  • Scott Govenar

    Person

    Madam Chair Members. Scott Govenar, on behalf of the union, signatory Members of the Construction Employers Association, we have an opposed unless amended position as well, albeit somewhat differently different than Cbia. Thank you.

  • Matthew Easley

    Person

    Good afternoon. Matt Easley representing the Associated General Contractors of California. And we're just here to express some concerns and we've had some very positive conversations with the author's office and look forward to seeing what comes from that. Thank you.

  • Divya Shiv

    Person

    Good afternoon. Divya Shiv with Housing California in opposition.

  • Liz Ortega

    Legislator

    Thank you. Seeing no other comments in opposition before I pass it over to the Members. I don't know. Assembly Member, if you would like to address some of the opposition's comments.

  • Cottie Petrie-Norris

    Legislator

    Well, and I do appreciate the engagement and expect us to. To continue the conversation and to work on some of the points that you raised. I think, you know, as you said, I agree. I think that there absolutely is a landing place.

  • Cottie Petrie-Norris

    Legislator

    You know, it's certainly not my goal to introduce regulations and requirements just for the sake of it. I want to make sure that we are surgical but effective in the approach that we're taking. So look forward to continuing those conversations.

  • Chris Ward

    Legislator

    Thank you. I want to thank the author for bringing this measure forward. I know that you had an identical Bill that you were working on last year also came before this Committee. And so we had those conversations at the same time as well. And I expressed.

  • Chris Ward

    Legislator

    I understand the constraints I think that some of the opposition is raising. I'm encouraged to know that you're already meaning to be able to work on some of those as well. So thank you in advance for that. I would hope.

  • Chris Ward

    Legislator

    I wasn't sure how conversations went last year as the Bill moved forward, because the same opportunity was there that we were going to be able to start to kind of work on some of these. So I don't know if there was work done last year that is reflected in this Bill.

  • Cottie Petrie-Norris

    Legislator

    It was. The Bill was held in Assembly Appropriations, so it didn't advance much beyond.

  • Chris Ward

    Legislator

    I Thought it was held in Senate Rules Committee, but not. It was Assembly Appropriations. Okay, got it. Well, then, yeah, that wouldn't have afforded much time as you're moving on to other bills as well. Second bite at the apple.

  • Chris Ward

    Legislator

    And so I know that we want to try to make sure that things are fair for those that are already constrained so much to be able to produce the needed affordable housing that we must have in the state. And I look forward to its progress as it goes forward. Happy to support the Bill today.

  • Ash Kalra

    Legislator

    Thank you. Thank you. I think on public works projects, then they're public works projects and I think the records, if they are available in. Some form or fashion, that's great. I think that these kinds of records. Are ones that are likely already being.

  • Ash Kalra

    Legislator

    Created and maintained by whatever public entity that is contracting for the particular project and local levels that's generally required. And so it's just a matter of making them available at some point. If there's some clearinghouse on website, fantastic. You know, if that ends up happening and makes us mood or makes this.

  • Ash Kalra

    Legislator

    Bill easy to facilitate so that someone. Doesn'T have to go through public records, great. It sounds like there's. There's conversations happening. I'm confident that we'll be able to get there. I think the underlying goals of the Bill are laudable and I'd like to. Be added as a co author.

  • Cottie Petrie-Norris

    Legislator

    Thank you, Assemblymember.

  • Liz Ortega

    Legislator

    Seeing no other comments, Assembly Member, would you like to close?

  • Cottie Petrie-Norris

    Legislator

    Well, thank you for the questions and conversation. As I said, committed to continuing to work with the opposition and find the right landing place. I think fundamentally, it's just really important that when we're talking about taxpayer dollars, whether we're talking about housing projects or investments in clean energy infrastructure or investments to.

  • Cottie Petrie-Norris

    Legislator

    To end homelessness across the state, transparency and accountability and effective oversight are absolutely critical, and that's the goal of this Bill. So thank you so much and I respectfully ask for your aye vote.

  • Liz Ortega

    Legislator

    Thank you. Secretary, please call the roll. Oh, we need a motion second. Thank you.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    That measure is out. Thank you. Thank you. Thank you, gentlemen. Item number 16. Assembly Member, Elhawary is our final bill.

  • Sade Elhawary

    Legislator

    Good afternoon, Madam Chair and Members. I'm proud to present AB 1163, which makes sure every school staff Member gets in person, hands on training to prevent violence and respond to it in real time before it escalates. In 2023, the state passed SB 553, requiring all workplaces to have a violence prevention plan.

  • Sade Elhawary

    Legislator

    AB 1163 builds on that by ensuring school staff actually get trained on how to put those plans into action, especially in the unique environment of a school. This training isn't just a formality. It's face to face, focused on de-escalation, and rooted in what really happens on school campuses.

  • Sade Elhawary

    Legislator

    Some concerns have been raised that this Bill is too broad. But violence doesn't just happen in the classroom. Every adult on campus should know how to respond when things get tense. Others worry this would conflict with IEPs. However, this Bill doesn't ask staff to memorize behavior plans.

  • Sade Elhawary

    Legislator

    It gives them the basics, how to de-escalate, avoid common triggers, and support students in crises. It also includes reintegration steps. So when a student returns to class after an incident, they're not met with stigma, they're met with support, because healing, not punishment, should be the goal. This is about preparation, prevention, and care.

  • Sade Elhawary

    Legislator

    It's about giving our staff the confidence to lead with compassion and making sure every adult on campus knows how to help keep students and themselves safe. With me today is Mitch Steiger from the California Federation of Teachers, our sponsor.

  • Mitch Steiger

    Person

    Thank you, Madam Chair, Members and staff. Mitch Steiger with CFT, Union of Educators and Classified Professionals.

  • Mitch Steiger

    Person

    Proud to sponsor this Bill and very grateful to the author for her leadership on this issue that was brought to us by our Members, actually brought to us independently by a lot of our Members as a hazard that they are facing on a daily basis and is making it harder and harder for them to do their jobs.

  • Mitch Steiger

    Person

    We've heard a lot of stories from these folks that are alarming, to say the least.

  • Mitch Steiger

    Person

    One that sticks in my mind is a worker that was bitten by a student and was injured, took the injury to the employer, and the employer's response was to issue them a Kevlar arm sleeve so that the next bite wouldn't do quite so much damage.

  • Mitch Steiger

    Person

    And we've heard a lot of stories of workers getting punched, workers getting hit by chairs, hit by all sorts of things. And while the stories are all different, what unites them all is that the workers in all cases don't feel supported, that they don't know what they need to know to keep themselves safe on the job.

  • Mitch Steiger

    Person

    The ones who've been there for a long time have developed some techniques that they can use to diffuse these situations before they reach that violent level. But the new ones don't have that.

  • Mitch Steiger

    Person

    And so even the ones that have developed something they haven't really been informed by all of the research that we would like this to be informed by. And so all the Bill does.

  • Mitch Steiger

    Person

    Well, the focus of the Bill is that these trainings that were created by SB 553 already required by current law, that they include these de-escalation techniques and that these techniques be informed by the best available research out there on how to accommodate students with exceptional needs or behavioral health issues.

  • Mitch Steiger

    Person

    That while any student or really any human being can become violent, that these students deserve a particular level of sensitivity that we think can only be achieved by the training as outlined in this Bill.

  • Mitch Steiger

    Person

    It also includes the supports as mentioned by the author and a few tweaks to the training itself so that it be conducted in person so you can't just kind of click through it and that there be the opportunity to ask questions and have them answered in real time.

  • Mitch Steiger

    Person

    And so we see this as a cost effective solution that will do a lot to help keep workers out of the workers comp system, keep these incidents from occurring in the first place and make the school a much better and safer place to learn. We urge your support. Thank you.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in support?

  • Janice O'Malley

    Person

    Janice O'Malley with AFSCME California in support. Thank you.

  • Navneet Puri

    Person

    Navneet Puri on behalf of the California School Employees Association in support.

  • Liz Ortega

    Legislator

    Seeing no other witnesses. Do we have any main witnesses in opposition?

  • Dorothy Johnson

    Person

    Good afternoon, Madam Chair and Members. Dorothy Johnson with the Association of California School Administrators respectfully opposed to AB 1163. I will keep my comments under the purview of this Committee because the majority of our concerns are also very germane to the Education Committee, which is looking at this Bill as well.

  • Dorothy Johnson

    Person

    And we certainly share the desire to ensure sufficient training for staff and also greater support for general awareness of neurodiversity and other cognitive disabilities that may manifest itself in verbal or physical escalation. But we agree with the author when she summarized we do think this Bill is too broad.

  • Dorothy Johnson

    Person

    It's also insufficient and it has unintended consequences for our students and our staff as well. And also Cal OSHA is currently drafting workplace violence prevention standards. We are part of that work group process, so we believe it's premature to make changes through this process in legislation.

  • Dorothy Johnson

    Person

    Also, the sponsors noted that there is already a requirement to include student based violence, defined as type 2 violence, in the workplace violence prevention plan. So we think it's more appropriate if we need to make adjustments. Keep it in the workplace violence prevention plan.

  • Dorothy Johnson

    Person

    Do not add it to the Education Code because Cal OSHA is a worksite regulator. We believe if it's going to be added to the Education Code, it should be under the purview of the California Department of Education or other education based agencies.

  • Dorothy Johnson

    Person

    In addition, we appreciate the Committee's recognition that many other components of the Workplace Violence Prevention Plan training is allowed to be in a non live setting because there are opportunities for Q and A.

  • Dorothy Johnson

    Person

    In addition, some collectively bargained agreements actually request remote training for flexibility and additional opportunities to get timely relevant training so folks can start their jobs with all the resources they need.

  • Dorothy Johnson

    Person

    I think what we're also really disturbed about and concerned about is, was mentioned, behavior intervention plans are specific to the child, not necessarily even the disability, but to the specific child. And it's concerning to expect a staff person who maybe has little or no contact with the student to be fully aware and capable to respond.

  • Dorothy Johnson

    Person

    Thank you and for those reasons we oppose.

  • Carlos Rojas

    Person

    Good afternoon, Madam Chair and Committee Members. Carlos Rojas representing the Kern County Superintendent of Schools Office and the 46 school districts in Kern County. We are here in respectful opposition to the Bill.

  • Carlos Rojas

    Person

    We appreciate and agree the intent, with the intent of the Bill as it relates to the prioritization of the training of staff on de-escalation techniques and when appropriate, safe re-engagement of students back into the learning environment. But we do not agree that the Workplace Violence Prevention Plan is the right vehicle to accomplish those goals.

  • Carlos Rojas

    Person

    The Workplace Violence Prevention Plan is intended to put practices in place to require open conversations between employers and employees regarding workplace safety concerns and amongst other provisions, provides additional protections for employees, such as temporary restraining orders.

  • Carlos Rojas

    Person

    Adding to the existing requirements included in the Workplace Violence Prevention Plan will cause an additional undue burden on school districts of which many are currently struggling to implement the current requirements in the Workplace Violence Prevention Plan.

  • Carlos Rojas

    Person

    AB 1163 requires training, as was mentioned by the author, training for all school employees, even those who at best may interact with students on a rare occasion, some that will never interact with students directly face to face. We think that can be more narrowed.

  • Carlos Rojas

    Person

    AB 1163 would also impose significant costs on local educational agencies as it relates to trainings by increasing the time that staff are away from their classrooms or the current job responsibilities. Obviously you're going to have increased cost requirements on the district for substitute employees.

  • Carlos Rojas

    Person

    And as a former teacher and administrator of 20 plus years, I've been through some of the trainings that are currently being employed out there. Crisis Prevention Institute and ProAct are two good examples that are being used across the state. Great trainings. Those trainings last between three to five days.

  • Carlos Rojas

    Person

    So it's an additional three to five days the staff will be out of their classrooms. And then finally, the last point I wanted to bring up, and the point I want to probably emphasize the most, is that AB 1163 would have an impact on the instructional continuity for students. Students thrive on predictability and consistency.

  • Carlos Rojas

    Person

    This would be another mandate that pulls staff out of the classrooms and creates lack of consistency in the instructional environment for students. And for those reasons, we respectfully oppose. Thank you.

  • Liz Ortega

    Legislator

    Thank you. Do we have additional witnesses in opposition? Seeing none. Before I turn it over to the dais. Assemblymember Elhawary, would you like to address any of the comments or your witness?

  • Sade Elhawary

    Legislator

    Yeah. I'll just start by saying I think it's helpful to hear some of the opposition. I know we've been working to kind of think through ways that we could come to some level of agreement on some of those pieces.

  • Sade Elhawary

    Legislator

    I've also been an educator and been in the classroom, and I think the importance of de-escalation techniques makes such a huge difference given especially, you know, how much we often see this.

  • Sade Elhawary

    Legislator

    And this is for anyone in a school that oftentimes, you know, might be doing something outside to support with facilities and sees a fight happen and what does it mean for us to be able to support in some way? So I'll pass it to my witness to share more.

  • Mitch Steiger

    Person

    Thank you. I think it's helpful to take a closer look at exactly what current law requires and what the Bill requires. So current law requires that these trainings be done annually and that they be adjusted to respond to new hazards that are identified or that are brought to the employer's attention.

  • Mitch Steiger

    Person

    So the, the idea that this Bill is creating some huge burden because it's requiring something beyond what's in current law just doesn't. Just doesn't hold water when you look at what current law does that.

  • Mitch Steiger

    Person

    What the way this is supposed to work is that there's the plan, there's the training, and there's the log, and the employer and the workers are supposed to look at all of those every year and then say, okay, we've got a lot of incidents on the log related to this. Let's adjust the training.

  • Mitch Steiger

    Person

    So this process is already happening, all this Bill. And this gets to the second part, with all due respect, it's almost like we're talking about different bills. The focus of this Bill is just that the training that already happens needs to include this topic. It shouldn't have any effect on the continuity of education.

  • Mitch Steiger

    Person

    It shouldn't take teachers out of the classroom any more than they already are. It just says that when you're already getting this training, it needs to cover this topic and it needs to include the supports for students returning following a violent incident.

  • Mitch Steiger

    Person

    We just have a difference of opinion on whether or not the training needs to be in purpose or sorry in person, or whether it needs to allow for questions to be asked and answered in real time. But really, the crux of this Bill is just the training is already happening. It's already getting adjusted every year.

  • Mitch Steiger

    Person

    Just make sure this topic is covered within that training.

  • Liz Ortega

    Legislator

    Thank you for that. Do we have any questions from the dais? Seeing None. We have a motion. A second. Would you like to close?

  • Sade Elhawary

    Legislator

    At the end of the day? This Bill is about creating safer schools, not by policing students, but by preparing the adults who show up for them every day. When staff feel confident and supported, students feel safer too. AB 1163 is how we get there, through real training, real care and real community safety. I respectfully ask for your aye vote. Thank you.

  • Liz Ortega

    Legislator

    Secretary, please call the roll.

  • Committee Secretary

    Person

    The motion is do pass to Education Committee. [Roll Call]

  • Liz Ortega

    Legislator

    That measure is out. Thank you. Now we have more work to do. Please don't leave. We will be lifting the call on some of the bills. Secretary, please move forward.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    Before we do add ons and you leave, I do have a special announcement I don't want to gavel down without acknowledging our Committee secretary, Lori Alvarez. After 29 years in the Assembly and 19 years in the Labor Committee, she will happily be retiring. And today is her last Committee.

  • Liz Ortega

    Legislator

    So in her honor, I will be gavelling down as we conclude today's session. Let's give her a big thank you. Well, we still have add ons. We still have to do add ons.

  • Committee Secretary

    Person

    [Roll Call]

  • Liz Ortega

    Legislator

    That is all of our bills. Our business is now concluded.

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