Senate Standing Committee on Labor, Public Employment and Retirement
- Lola Smallwood-Cuevas
Legislator
Okay. Senate Committee on Labor, Public Employment, and Retirement will convene. We have an author in the room. So excited about that. We have SB 921.
- Lola Smallwood-Cuevas
Legislator
Senator Grove, please step forward. When you're ready, your witnesses are welcome to have a seat at the table. We are beginning as a subcommittee, so this bill will likely have to be held unless folks show up during your presentation today. We'll take it up later when the members arrive.
- Shannon Grove
Legislator
Thank you, Madam Chair. I'll wait for my witnesses. Good morning. So thank you, Madam Chair and Members. Senate Bill 921 proposes a tax credit to support payment of overtime wages for agricultural farm workers in California.
- Shannon Grove
Legislator
This tax credit would be similar to the tax credits enacted by bipartisan basis in Oregon and New York. The bill is needed to help farm workers who have lost take-home pay since agricultural employers were required to pay overtime wages over 40 instead of over 60. Workers are used to making an average of $18 to $20 an hour in a sixty-hour work week. So let's just calculate the losses for the farm workers.
- Shannon Grove
Legislator
If they were able to make $20 an hour for sixty hours a work week, they are now using that $20 an hour at forty hours a week, and they're losing $400 a week, approximately $1,600 a month out of their paychecks.
- Shannon Grove
Legislator
This bill does not touch AB 1066 in the way the overtime is structured. It simply allows a tax credit, hopefully a funding mechanism, to help farmers pay for the overtime work that the employees perform. In 2016, the Governor signed into law AB 1066, requiring ag employees to receive overtime compensation for overtime hours worked beyond eight hours a day or forty hours a work week. Like I stated earlier, the previous hours of work were sixty hours in a work week.
- Shannon Grove
Legislator
That's, that's, the stated goal of the legislation was to reduce poverty for farm workers.
- Shannon Grove
Legislator
But that legislation, and all the data that we've been able to collect, has reduced farm worker wages, like I said, roughly $400 a week, sometimes $1,600 a month, which is significant for anyone's paycheck, much less anyone who's working in the fields to produce the food that we eat every single day. Regardless of where any of us stood on that legislation, it's becoming clear that the take-home pay for farm workers has in fact declined since the Ag Overtime Bill took place.
- Shannon Grove
Legislator
While several factors contributed to this, the bottom line is that California's agricultural industry is suffering, and many ag employers simply can't afford to pay the overtime at the higher rate. The other thing is that this is one of the only things that farmers and growers have the opportunity to control. They can't control the regulatory process.
- Shannon Grove
Legislator
They have to pay what comes forward. They can't control the climate change process. They have to pay those fees in excess. They can't control the water cost, and they can't control SGMA. They can't control any type of other involvement.
- Shannon Grove
Legislator
They can't control trucking and transportation and the cost of fuel. But they can control this. And this is how, why, it's impacting our farm workers. Members, I'm honored to represent the top three food producing counties in the entire nation. Our farmers don't get enough water every year to grow the crops.
- Shannon Grove
Legislator
The price of everything has increased with inflation, and the regulatory burden keeps rising with new equipment costs and new regulatory requirements. As farmers see their expenses rise, like any other business, employers look for ways to cut back. Labor, like I said, is one of the few areas in which the employers have any flexibility on cost. And the data is clear. Employers have cut back on how much overtime is being paid to the workers.
- Shannon Grove
Legislator
When Oregon and New York, not red states by far, saw that California required overtime compensation for agricultural employees, these states did the same thing. However, the Democrat governors and legislators in both of these states also understood that ag employees, farm workers who are in the field, that pick the fruit, produce it, put it on the trucks to go to market, need help affording overtime costs. And the workers would not receive any real benefit for the overtime law.
- Shannon Grove
Legislator
That's evident by study after study here in the State of California. So working in a bipartisan manner, they created a tax credit to accompany the overtime law in an effort to support the actual real-world use.
- Shannon Grove
Legislator
The tax credit offered under my bill helps farm workers by creating a dollar-for-dollar credit on the time-and-a-half pay of the overtime. So let's just say it's $20 an hour. Let's go to, I know it's not 10, but for easy calculation, if they get $10 an hour, they only get the credit on the $5, which is the half time on the overtime wages. So calculate that at 20, because most of them make $20 or more an hour.
- Shannon Grove
Legislator
The tax credit offered under this bill will help farmers, making sure that the employees can work overtime and get paid for overtime, and help put money back into farm workers' pockets.
- Shannon Grove
Legislator
This would be a form of a payroll tax credit. What they would receive when they make their periodic tax payments to EDD. This is recorded on their DE6, which they would submit quarterly that shows the wages, the overtime wages, and it's all tracked by the EDD department and the Franchise Tax Board. It's part of their EDD payment, or their DE6 payment of reporting.
- Shannon Grove
Legislator
If the employer is paying $20 an hour for normal wages and $30 an hour for overtime, the tax credit would only be on the $10. To be clear, the tax credit only applies to the overtime wages for farm workers.
- Shannon Grove
Legislator
It does not affect the straight-time wages in any way, shape, or form. It would not apply to management, administrative staff, or mechanics. Only the employees under Wage Order 14, which are those that are represented here in this building and in this conference room today, that actually work in the fields, that pick the fruit to get it to our tables that we have and supply to our constituents every single day. In no way does 921 make changes for the farm worker overtime law.
- Shannon Grove
Legislator
It actually supports opportunities for farm workers to earn overtime by making it more likely that employers can afford to pay the overtime.
- Shannon Grove
Legislator
In my district, the top three food producing counties in the entire world, these are my people, and they're hurting because of October. And this is a mechanism to help these farm workers. They travel from, often, from county to county, but the majority of the work is done in Fresno, Tulare, and Kern Counties. And these farm workers need a break. We see that they're hurting.
- Shannon Grove
Legislator
They're coming to our office looking for food assistance. They're coming to our office looking for other assistance. And they weren't doing that when they were making sixty hours a week. $1,600 a month out of someone's paycheck is significant. And I'm asking for an aye vote to help this bill get through the Legislature so that they have some ability to recoup some of that money.
- Shannon Grove
Legislator
Agriculture in my district is about producing food that we eat and keeping the food supply secure from foreign disruptions. It's also a way of life and creates jobs for thousands of people in my district, predominantly our Hispanic and Latino population. And for those ag communities that are hanging on, farm workers face reduced hours and less compensation.
- Shannon Grove
Legislator
SB 921 will raise every farm worker out of poverty, and the bill is not an end-all solution for our agriculture employees' problems, but it's definitely a good start. The grower that's on the edge needs overtime work, and harvest to be picked in periods that will help.
- Shannon Grove
Legislator
This bill will help, and it gets hours to the employees that need those wages. This is a substantial loss of $1,200 a month for every hour. Every average farm worker is really hurting our workers. This is a disconnect between many businesses that operate in our state. With me today to support SB 921 is Emmanuel Torres of Bar 20 Dairy in Fresno, and Bryan Little from the California Farm Bureau.
- Lola Smallwood-Cuevas
Legislator
Thank you very much, Senator Grove. Witnesses, you each have two minutes.
- Emmanuel Torres
Person
Okay. So good morning. My name is Emmanuel Torres, and I'm here standing respectfully requesting your support for SB 921. So California's overtime laws were designed to benefit workers, but in the agriculture sector, they have unintended consequences. Rather than increasing earnings, these policies have often led employers to limit employee hours in order to avoid overtime costs.
- Emmanuel Torres
Person
So as a result, many agricultural workers are experiencing reduced schedules and lowered overall take-home pay. I've seen this impact firsthand when I began to work at Bar 20 Dairy in 2017. I had consistent opportunities to work extended hours and earn additional income. Over time, however, overtime opportunities steadily declined, and schedules were adjusted to avoid triggering overtime pay requirements.
- Emmanuel Torres
Person
So this reduction in hours significantly affected my income and ultimately required me to seek a second part-time job just to make ends meet. So now, in my role as a supervisor, I continue to see this pattern across the workforce. We receive at our dairy 10 to 15 applicants each month from agricultural workers in the area, and one of the most common questions applicants ask is overtime availability.
- Emmanuel Torres
Person
Many share that they are seeking new employment specifically because their current employers have reduced schedules to standard eight-hour days, five days a week, to avoid overtime obligations. SB 921 offers a practical solution by expanding access to overtime pay in a way that supports both the workers and employer.
- Emmanuel Torres
Person
This bill can help restore opportunities for increased earnings, improve financial stability, and reduce economic stress for hardworking agriculture families. Agriculture workers are essential to our food supply and our economy, yet many continue to struggle to earn enough to support their households. Supporting SB 921 is an investment in these workers, our families, and the long-term strength of California's agricultural industry. Thank you for your time and consideration.
- C. Little
Person
Good morning, Chair and Committee Members. I'm Bryan Little for California Farm Bureau, the largest general interest agriculture organization in our state. Our farm employers are committed to supporting our employees, and that's why we're cosponsoring SB 921. We're not here to debate whether overtime pay is a good idea. It's firmly established in law.
- C. Little
Person
And I want to be clear, our farmer and rancher members are in full compliance with that law. But what overtime law has meant for employees is lost work hours and foregone income. Research from UC Berkeley found that take-home pay for ag workers has declined since the overtime law took effect. Democratic governors in Oregon and New York learned from California's experience and created tax credits to help employers cover the cost of overtime wages.
- C. Little
Person
They know that when an employer is losing money or is on the margins, overtime hours will be reduced.
- C. Little
Person
This is basic economics. That's why several Democratic candidates for California governor agree that it's time to revisit this law to make it work for farm workers. A way must be found to fund overtime premium wages if you want to increase take-home pay for farm workers. That was the expressed goal of the proponents of the overtime law, but that promise has yet to be fulfilled.
- C. Little
Person
SB 921 addresses this problem by permitting agricultural employers to deduct from their payroll taxes an amount equal to overtime premiums they have already paid.
- C. Little
Person
The deduction can't be used until their employees have already received overtime wages. Last year, the Legislature decided to help California's iconic film industry by providing global entertainment companies with substantial tax subsidies. One of those companies is currently negotiating a buyout valued at more than $110,000,000,000, nearly twice the value of California's annual agricultural output. Agriculture is an iconic California industry too, employing hundreds of thousands of people.
- C. Little
Person
But our workers were left behind last year when this Legislature said no to farm workers and yes to billionaire entertainment companies.
- C. Little
Person
Every single dollar of the projected $300 to $400,000,000 cost of SB 921 tax credit will go directly to California farm workers, helping them afford gas, electricity, groceries, clothes, and shoes for their kids. If we can give tax breaks to Warner Brothers, Twentieth Century Fox, NBC, Netflix, and Amazon, can't we do this for farm workers? California Farm Bureau urges you to help us help our workers and support SB 921. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Any other me-too in support of this bill, please step to the mic. State your name, affiliation, and position.
- Clifton Wilson
Person
Clifton Wilson on behalf of Supervisor Townsend from the Tulare County Board of Supervisors in support. Thank you.
- Anna Mobaugh
Person
Good morning. Anna Mobaugh with KSC on behalf of a number of agricultural organizations in support. Thank you. Thank you. Thank you.
- Melissa Koshlaychuk
Person
Good morning, Chair, Members. Melissa Koshlaychuk with Western Growers in strong support. Thank you.
- Kimberly Clark
Person
Good morning. Kimberly Clark with the California Farm Labor Contractor Association in support. Thank you.
- George Coventa
Person
Morning. George Coventa on behalf of the Alamo Alliance in support.
- Michael Miller
Person
Michael Miller, California Association of Wine Beer Growers. We're cosponsors of the bill. Thank the author for her leadership. Thank the community for your consideration. We support the bill. Also, I was a tax auditor in a past life for EDD. If you have any questions about the administration of how this tax credit would work, I'm happily available to answer any questions you may have. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay. Seeing no other support, me-too. Let's go to opposition. Opposition witnesses, please step forward.
- Lola Smallwood-Cuevas
Legislator
Can you, yeah. Let's transition. Yep. If we have enough seats. Thank you.
- Sara Flocks
Person
Madam Chair, Members, Sara Flocks, California Federation of Labor Unions, and we are in respectful opposition of this bill. And to be clear, this is not a tax credit for farm workers. This is a tax credit paid for by the public, by the taxpayers of California, for the employers. In 2016, California passed AB 1066, requiring employers to pay workers overtime, just like every other employer in California is required to do.
- Sara Flocks
Person
The state had to do that because in 1938, Congress enacted the federal Fair Labor Standards Act, which explicitly excluded ag and domestic workers from wage and overtime protections, codifying the rot of racism and the legacy of slavery in labor law.
- Sara Flocks
Person
California's law was passed to give farm workers not just the right to overtime pay, but also the right to be treated like a human and not a machine. For decades, ag employers have not had to meet the same overtime pay requirements as every other employer. The trucking companies that ship produce, the companies that package produce, the grocery stores that sell it, the restaurants, cafeterias, hotels, schools, and hospitals all must pay overtime to their workers.
- Sara Flocks
Person
Farm workers did not get the same benefit, and their employers were not bound by the same responsibilities and obligations. Employers should be responsible to pay overtime or hire enough workers to not require overtime hours, rather than shifting the burden onto taxpayers.
- Sara Flocks
Person
Workers are not machines. You can't just put more quarters in and expect them to work twenty-four hours a day. It sets a dangerous precedent for taxpayers to subsidize certain employers for simply following the law. The Senators on this dais author laws that you all intend and expect all residents and businesses to comply with, regardless of economic or other circumstances. If not, you would exempt them.
- Sara Flocks
Person
This bill contains none of those protections, benefits, and guarantees, and undermines the sanctity of our laws. For these reasons, we ask for a no vote today.
- Lola Smallwood-Cuevas
Legislator
Thank you. Any witnesses in opposition? Me-toos, name, affiliation, and position.
- Catalina Sanchez
Person
Catalina Sanchez with the CRLA Foundation in respectful opposition. Thank you.
- Lola Smallwood-Cuevas
Legislator
Any other opposition? Me-too. Seeing none, we will come to the dais. Members.
- Dave Cortese
Legislator
Thank you. Thank you, Madam Chair. I appreciate what the author is trying to do from the standpoint of the district that I come from, and I know the district that Senator Grove comes from has significantly more agricultural employees, but it's kind of a well-kept secret outside of Santa Clara County that we have 15,000 agricultural employees still in what we call South County, which is part of my district.
- Dave Cortese
Legislator
And so I've had a little experience dealing with wage issues over the years, particularly going back before my time in the Senate, for the twelve years I was on the Board of Supervisors. Most of the cities in Santa Clara County, there's 15 of them, have adopted some sort of a living wage policy.
- Dave Cortese
Legislator
At the county, we couldn't do that. And that wasn't because it was a close vote, you know, a three-to-two or something like that. It was unanimous that we could not do that countywide because of the agricultural employees. And it's not because we were worried about, or treating, the ag employers as a special interest or someone that should be treated especially. It was because they're in a commodity market.
- Dave Cortese
Legislator
And in Santa Clara County, where the cost of living is horrendous as everyone knows, those employers by and large were already paying more than the city living wage and, of course, meeting overtime and whatnot.
- Dave Cortese
Legislator
But they were already struggling so much that we, over the years, fortunately, I think, you know, for them and for the community, made huge local subsidies in farm worker housing, for example, to try to help with that.
- Dave Cortese
Legislator
When you're farming and you're growing cherries or apricots like we do in South County, and you're paying as much as a couple hundred dollars an acre-foot for water, and in the Central Valley, they're paying $12 an acre-foot, and in Brentwood, they're paying $60 an acre-foot.
- Dave Cortese
Legislator
You don't get to go to the LA market with your fruit and say, I need a higher price because I pay more for water, or I pay more for energy, or I'm paying more for wages because I'm in Santa Clara County and nobody could survive there on, you know, on minimum wage. But, so that said, it sounds like, I mean, I vote for the bill.
- Dave Cortese
Legislator
I'm not, but there's a specific reason for that, and that is, I don't, first of all, I think the California Labor Federation's point about setting up a precedent that looks like we're taking, you know, one industry at a time, or one group of folks at a time, and trying to, you know, do essentially a carve-out. I know it's not a direct carve-out on overtime. It's a, you know, it's a credit. But certainly folks will be coming in and looking for that. We've seen that with SB 5 and some other things.
- Dave Cortese
Legislator
It just really puts a lot of pressure, I think, on the Legislature and everybody involved to start trying to deal with that and try to do these explanations with folks. No, we can't do it for your industry because you're not in a commodity industry or whatever.
- Dave Cortese
Legislator
So I do believe, and I'd actually be willing to try to work on it, obviously, if there's some kind of common ground at some point that can be negotiated to protect labor standards, but figure out a way where there's commodity markets like this to try to figure out how to make sure the wage standards are maximized.
- Dave Cortese
Legislator
I mean, I'd like to see, you know, even more wages paid than they are in general in the agricultural sector, of course, but even outside the agricultural sector.
- Dave Cortese
Legislator
But in this sector where, you know, the LA market, the New York market, you know, the Chicago market, you know, is basically dictating what we can pay for labor because they're setting the price, and they're going for the price that's really the lowest common denominator. They're pushing our own labor standards into the lowest common denominator, is what I'm saying.
- Dave Cortese
Legislator
And so I think the Farm Bureau has an excellent point too. I think this is the second year that they've tried to advance something like this. And, again, Senator Grove, I appreciate you trying to thread that needle. But I'm wary about, as I said, opening up the floodgates, and it's not, it's selfish.
- Dave Cortese
Legislator
I, you know, I've served as a labor chair before. I have served on this committee for five and a half years, and we have to be super careful and really, really narrowly tailored if we're going to try to do something for agriculture that, you know, helps with the situation I was just describing. And this bill goes a long way toward that, but it doesn't completely close that loop. So that's where I'm at. Thank you.
- Lola Smallwood-Cuevas
Legislator
Can you hold. I appreciate the comments, Senator Cortese. And I really want to align my comments, sir, with yours, because the one thing I do see is that labor and the Farm Bureau are on the same page.
- Lola Smallwood-Cuevas
Legislator
And Senator Grove on the same page. Farm workers deserve more wages, higher wages, better working conditions. And I think that is a starting point that we should recognize. I think we are in this industry where, and I appreciate the industry for keeping our food affordable so that people can afford the groceries that are in their communities and be able to really understand the significance of Senator Grove's district, of this industry, and what great service they give to Californians in providing, you know, the world's food basket.
- Lola Smallwood-Cuevas
Legislator
I do agree with Senator Cortese that we do not want to set a precedent of rolling back overtime pay.
- Lola Smallwood-Cuevas
Legislator
I really appreciate the historic context of how we got to overtime and who didn't get it for generations. I think about my family, tobacco farmers, and, you know, my great grandmother who had a Social Security of, I think it was like a hundred and thirty dollars, because, you know, for most of her life, she did not have access to basic workplace protections like overtime, workers' comp, those sorts of things.
- Lola Smallwood-Cuevas
Legislator
So we don't want to roll the clock back on these important benefits, but at the same time, we want to figure out a way to ensure that there are living wages. I think there's a lot to be said about reforming our tax credit system. I think we don't use our tax credit system for good in the way that we could.
- Lola Smallwood-Cuevas
Legislator
I don't think we have enough creativity in that space. I think there are opportunities for us to ensure that we are using that system in a way that helps to uplift workers and to be creative about what we can do to invest in the workforce. And I'm happy and would join Senator Cortese in sitting down and thinking creatively about how we do it. I just don't think overtime is where we do it.
- Lola Smallwood-Cuevas
Legislator
I don't think we want to, in any way, infringe on all of the progress that's been made in overtime.
- Lola Smallwood-Cuevas
Legislator
And for that reason, I cannot support the bill today. I think it sends the wrong message. I think it sends the wrong message to all of the other sectors, that when workers work extra time, that they wouldn't get extra pay. And I think that's not a narrative that we want here in California.
- Lola Smallwood-Cuevas
Legislator
I do think also that the industry has been walloped by the administration's erratic and destructive policies, that tariffs on, tariffs off, that has made this last eighteen months, hasn't even been eighteen months, incredibly challenging.
- Lola Smallwood-Cuevas
Legislator
And we know in some instances, this is an industry that is seeing recessionary pressures because of it. And so we have an obligation to look at that and to figure out what are the ways that we may sit down and figure out a strategy that could involve tax credits that may bring some relief again, but not touching what I would call sacred policy of overtime pay here in the State of California. So I really appreciate the dialogue. I appreciate the discussion.
- Lola Smallwood-Cuevas
Legislator
I appreciate, Senator Grove, your tenacity on this issue.
- Lola Smallwood-Cuevas
Legislator
I think now we've got to match it with some creativity and figure out a way for us to sit down, labor, the industry, and figure out a way to strengthen our farm workers. And I know that we can, because we have before, and we will do it again. And so, again, thank you for your tenacity. I will not be supporting the bill today, but I do have an open door to figure out ways to address the needs of farm workers.
- Lola Smallwood-Cuevas
Legislator
And with that, you may address any questions or concerns you might have, Senator Grove. You're close.
- Shannon Grove
Legislator
Thank you. I want to make sure that everybody on the dais and everybody in the room understands this in no way, shape, or form affects overtime pay. Over forty hours, like the Chair said, that you don't want it to affect overtime pay. It does not. The employees will still get the consistency with AB 1066.
- Shannon Grove
Legislator
They'll work eight hours a day, overtime over eight, forty hours a week, overtime over forty. And they'll get the overtime. This does not affect their overtime wages. It simply allows a tax credit for the farmers, the growers, that pay the employees overtime. There's a verification process.
- Shannon Grove
Legislator
You have to submit the wages to your quarterly DE6 report to the EDD department, who will verify that. It's not an additional cost. Every employer has to quarterly submit a DE6 now. They will verify that those wages were paid just like they currently do. This doesn't change in action for EDD, so there's not a cost measure there. The employers are now providing DE6s based on any wages paid.
- Shannon Grove
Legislator
It's a requirement that employers in the state are required to have. But it will allow them to take a tax credit on the overtime piece. So if they're making $20 an hour and they get paid $30 an hour on the overtime, they get a tax credit. After taxes are paid, after overtime is paid, they get a tax credit. I would challenge each of you.
- Shannon Grove
Legislator
My colleague in Santa Clara County, he says you have 15,000 farm workers in South County. This is an opportunity to give them an opportunity to bring more pay home. And I have 500,000 farm workers in my district. And I'm la guera, the gringa. And I'm fighting for these people that need extra wages in their paycheck.
- Shannon Grove
Legislator
I challenge the opposition and the, like, almost dedicated loyalty. And I look at the opposition's letter for the film tax credit that they supported. Admittedly support the film tax credit. Just last year, AB 1138 Zbur. Admittedly, sir, this is, these are their words.
- Shannon Grove
Legislator
This is a signature industry. Those people are a signature industry, and they deserve the same thing that we gave, that you guys all voted for. You stood up and said that you don't want to create a mechanism for exemptions. You exempted and voted for a tax credit for the film industry. These people produce our food that we eat every single day.
- Shannon Grove
Legislator
And like my colleague from Santa Clara County said, $200 an acre-foot for water. You can't control those things. You can't control the regulatory process. You can't control the transition with ultra low carbon fuels and fuel carbon, and the difference between engines that you have to put in the equipment that they use every single day to produce the food that we eat.
- Shannon Grove
Legislator
In the support letter for the film industry from the opposition: this means that the program will first and foremost be a jobs program for the employees.
- Shannon Grove
Legislator
This program, which is identical to the tax credit, will be a jobs program for, stand up, please. It will be a jobs program for these people. 500,000 of them in the district, 15,000 in yours. And I know you represent Los Angeles, but I know you have farm workers in your district as well.
- Shannon Grove
Legislator
The same arguments that California Labor Federation, local unions, are arguing against this bill, are exactly what you guys did for film tax credits. That's all we're asking for. We prove they get the wages. We prove they get the overtime. We increase their paychecks.
- Shannon Grove
Legislator
And we get treated just like the film tax credit industry, or the film industry, when we produce food. Now we don't do movies. The argument in their bill was that these people will leave. Well, they can't leave. The land is here.
- Shannon Grove
Legislator
So we should have supported them before the film tax industry, because we need them here. And maybe that's why we don't offer support to our farm workers, is because they can't leave. The land is here. They can't, you know, they can't pick up the land and move.
- Shannon Grove
Legislator
But they have every opportunity. They should have every opportunity in this state. And I listen to the arguments on several other bills, and every one of you say you care deeply about these people. You care deeply about the people that came here to testify. I represent 500,000 of them.
- Shannon Grove
Legislator
This is my district. The district that I'm fighting for. You have 15,000. Let's give them an opportunity to be able to earn overtime wages. It does not touch the overtime law AB 1066.
- Shannon Grove
Legislator
It simply allows a tax credit for our employers, the farmers that produce the food or own the land. This is one of the only costs that they can control. They can't control $200 an acre-foot of water. They can't control SGMA.
- Shannon Grove
Legislator
They can't control the regulatory process. But they can do this. They want to pay them more wages. It's not in the budget to pay more wages because SGMA is one of the biggest disasters our farmers have ever had as well. And the legal fees that are included in that, it's a mess.
- Shannon Grove
Legislator
And we're trying to save the agricultural industry. Do you know that agricultural farmers are opting out of the Williamson Act on a tax credit to produce solar farms? I drive through my valley up 65, and there are beautiful acres of farmland that are totally destroyed by solar farms because the only option they have is to do that, to retain the land that they own.
- Shannon Grove
Legislator
This is an opportunity for you to help 15,000 farm workers in your district, 500,000 in my district, and it's the same thing that you guys voted on for the film tax industry, for those jobs behind the camera, to help them. I realize the only difference is that they're signatory, they're union.
- Shannon Grove
Legislator
A lot of these guys aren't. They have the opportunity to join a union, but forcing them has caused massive disarray in the industry as well. Give them an opportunity to earn more money. That's all I'm asking for, and I respectfully ask for an aye vote.
- Lola Smallwood-Cuevas
Legislator
Thank you. Thank you for that, Senator Grove. We are in a subcommittee, so we will take this bill up when the rest of our colleagues arrive. Madam Chair.
- Lola Smallwood-Cuevas
Legislator
Okay. We see Senator Perez in the audience, so we will move to file item number three, and that's SB 1083. If you have witnesses in support, they can come and sit at the table.
- Lola Smallwood-Cuevas
Legislator
And if there are opposition witnesses, when the support witnesses are done, we'll switch out.
- Sasha Perez
Legislator
Great. I'm going to get started. I have to get back to my committee. You can proceed. Good morning, Madam Chair and Members.
- Sasha Perez
Legislator
SB 1083 builds on the Safe Learning Environments Act, SB 848, which was enacted into law last year and established a statewide data system to track egregious misconduct by school employees. That law was an important step forward in improving transparency, strengthening accountability, and helping ensure that individuals with serious allegations cannot quietly move between school sites without scrutiny. But as implementation has moved forward, additional refinements are needed to ensure the system operates with consistency and fairness, and fully protects students.
- Sasha Perez
Legislator
First, classified employees do not currently have a clearly defined impartial review process comparable to what is provided to certificated employees. Existing law ensures that teachers receive due process, including a hearing and the ability to appeal to an administrative law judge through the Office of Administrative Hearings.
- Sasha Perez
Legislator
Without equivalent due process protections, investigations against them involving egregious misconduct can result in professional and personal consequences. SB 1083 addresses this by requiring an administrative law judge to determine whether a classified employee should be added to the statewide data system. The bill also requires the statewide system to immediately notify a current employer when an employee leaves a local education agency or private school before or during an investigation.
- Sasha Perez
Legislator
This notice would inform the employer that a preliminary report has been filed and an investigation is pending, to ensure that future employers are aware of any unresolved concerns. Second, while the existing framework established accountability for permanent employees, gaps remain for independent contractors and nonpermanent individuals who interact directly with students.
- Sasha Perez
Legislator
These individuals may have regular, unsupervised access to children, yet are not always subject to the same standards. SB 1083 seeks to ensure that appropriate vetting measures apply to them as well. Together, these improvements strengthen the system, promote fairness, and ensure that all individuals working with students are held to consistent standards, because student safety remains our highest priority. Joining me to testify in support of the bill is Navnit Puryear with the California School Employees Association and Tristan Brown with the California Federation of Teachers.
- Sasha Perez
Legislator
At the appropriate time, I would respectfully ask for your aye vote.
- Navnit Puryear
Person
Thank you. Good morning, Madam Chair, Members of the Committee. My name is Navnit Puryear, and I'm here today on behalf of the California School Employees Association, a union representing nearly 3,000 classified school employees across the state. We are proud cosponsors of SB 1083. At its core, this bill is about fairness.
- Navnit Puryear
Person
Last year, the Governor signed SB 848, authored by Senator Perez, which, among other things, created a permanent statewide database to track accusations and convictions of egregious misconduct by classified school employees. While SB 848 is an important step toward guaranteeing our schools are safe places for children, it lacked important safeguards for innocent employees. It allows classified school employees to be placed into a permanent database based on an allegation of misconduct without any due process.
- Navnit Puryear
Person
Most of our members are women of color who make less than $40,000 a year. They are mothers and grandmothers, and being wrongly placed into a database can ruin not only their professional careers, but their personal reputations.
- Navnit Puryear
Person
It is also inconsistent with the rights provided to teachers. SB 1083 would require an administrative law judge through the Office of Administrative Hearings to determine if a classified school employee in a TK through 12 school district should be placed into the egregious misconduct database. This bill would provide parity, because classified school employees should not be denied due process rights granted to teachers.
- Navnit Puryear
Person
This measure reflects continued collaboration with the author to ensure that the implementation of last year's legislation both protects students and upholds fundamental due process rights for school employees. For these reasons, we respectfully ask for your aye vote.
- Tristan Brown
Person
Good morning, Madam Chair and Members. Tristan Brown with the CFT, Union of Educators and Classified Professionals. We'd like to extend our tremendous thanks to the author for providing us with this opportunity to refine an amazing bill that was passed last year, SB 848, which did wonders to help us prevent any kind of so-called grooming practices and other nefarious activity that qualifies under egregious misconduct, to be more preventative.
- Tristan Brown
Person
Student safety is paramount to our members, and I'm sure to everybody in the educational community. The bill went really far to actually try and make sure that anyone who would do harm to a student would be tracked, and any employer in the future would be able to know exactly what they were getting into.
- Tristan Brown
Person
The refinement, though, is very necessary for the due process rights of our members, and we're appreciative that we're getting there with this bill so that we can both make sure anyone may be able to exonerate themselves in an instance where someone maybe was overzealous with what actually occurred, or, you know, sometimes people do make things up. It's very important to have that due process and to make sure that those who actually did not commit any egregious misconduct are able to exonerate themselves.
- Tristan Brown
Person
And in the same token, force the investigation to complete. We do want to catch any baddies. We don't want them, and anyone who would do harm to students, to be working in our school system.
- Tristan Brown
Person
So we're, again, very appreciative that the author has refined SB 848 and that we're working together to bring more protection, but also that those due process rights are protected. So with that, we ask for an aye vote as well.
- Lola Smallwood-Cuevas
Legislator
Thank you very much. Do we have any opposition witnesses? Oh, I'm sorry. We're going support.
- Lola Smallwood-Cuevas
Legislator
I'm sorry. Support Me Too's. We're not skipping that. Support Me Too's, name, affiliation, and position.
- Shanna Somali
Person
Thank you. Good morning, Madam Chair. Members, Shanna Somali, AFSCME California. We are proud cosponsors, and I urge your support. Thank you.
- Lola Smallwood-Cuevas
Legislator
Okay. Any other support Me Too's? Okay. We'll move to opposition witnesses. And while you come, we have a quorum.
- Sarah Petrowski
Person
Thank you. Good morning, Madam Chair and Members. I'm Sarah Petrowski on behalf of the California Association of School Business Officials. We want to thank Senator Perez for her leadership on the critical issue of preventing childhood sexual assault. Like the Senator, we believe that every child deserves a safe, healthy environment and the resources needed to thrive.
- Sarah Petrowski
Person
We are proud to support your efforts to pass SB 848 last year. We are fully committed to working together to achieve that goal. However, we are concerned that specific provisions of SB 1083 would inadvertently undermine the protections recently established by SB 848.
- Sarah Petrowski
Person
Specifically, this bill creates additional and duplicative layers of due process in the investigation stage. Employees already have established rights to challenge disciplinary outcomes. By adding a challenge to the investigation itself rather than the discipline, we risk inconsistency and delays in taking the actions necessary to protect students from childhood sexual assault through the background check process. SB 1083 would also establish investigation timelines that conflict with established policies that reflect the need to begin an investigation immediately upon receipt of a complaint.
- Sarah Petrowski
Person
While we support the goal of establishing parameters for how records are to be created and maintained in the statewide database established by SB 848, we must prioritize the prevention and elimination of childhood sexual assault above all else. We hope to collaborate on amendments that preserve the essential tools to prevent and eliminate childhood sexual assault that were provided for in SB 848. Thank you.
- Faith Borges
Person
Good morning. Faith Borges on behalf of the California Association of Joint Powers Authorities, respectfully opposed to Senate Bill 1083 as currently drafted. CAJPA represents the risk pools throughout California that many public entities use, including school districts, to self-fund their liability and manage their tort exposure. Our members are not only responsible for financing claims, but also for developing and implementing policies designed to prevent them, including the prevention of abuse.
- Faith Borges
Person
In recent years, public entities across California have paid billions of dollars to resolve claims alleging that institutions failed to adequately protect students and others in their care from abuse.
- Faith Borges
Person
These outcomes reflect both the profound human impact of such failures and the significant financial consequences borne by public agencies and taxpayers. In light of this reality, it's deeply concerning to consider any legislation that may reduce or weaken safety measures intended to prevent abuse before it occurs. While we recognize and respect the importance of due process protections for employees, Senate Bill 1083, as drafted, risks a framework that prioritizes adult procedural protections at the expense of child safety.
- Faith Borges
Person
Of particular concern is the potential for the bill to establish inconsistent standards: one governing when an employer may act to discipline or report misconduct, and another lower standard for determining liability for failure to prevent abuse. This misalignment creates uncertainty and undermines the ability of public employers to take proactive, preventative action.
- Faith Borges
Person
Public agencies must be empowered to act decisively when credible concerns arise, without fear that doing so will conflict with a different standard applied after harm has occurred. A system that imposes liability for failure to prevent abuse while simultaneously constraining the ability to intervene early is not workable. We remain committed to working with the author and the sponsors to achieve our shared goal of an appropriate balance, one that preserves due process while ensuring the safety of children and vulnerable individuals that are paramount to our tasks.
- Faith Borges
Person
However, any approach that results in conflicting or diminished standards for prevention and accountability doesn't meet that goal. For these reasons, we're respectfully opposed to the bill today, but appreciate the opportunity to continue working together.
- Lola Smallwood-Cuevas
Legislator
Thank you. Any other opposition Me Too's? Please step to the mic. Name, affiliation, and position, please.
- Dorothy Johnson
Person
Good morning. Dorothy Johnson on behalf of the Association of California School Administrators, and also for my colleague from the Kern County Superintendent of Schools, respectfully opposed.
- Caitlin Jung
Person
Caitlin Jung on behalf of the School Employers Association of California, respectfully in opposition.
- Christina Salazar
Person
Christina Salazar with the Riverside County Superintendent of Schools, in opposition.
- Unidentified Speaker
Person
On behalf of the California Association of Suburban School Districts, in opposition.
- Lola Smallwood-Cuevas
Legislator
Okay. Seeing no other Me Too's, the dais, any comments?
- Lola Smallwood-Cuevas
Legislator
Okay. So we have a motion from Senator Strickland. I want to just say, you know, thank you for the work and collaboration on this bill. Cleanup is sometimes a difficult task to do, but you're all doing it for the right reasons, which is to protect our children in our school districts. Coming from LA County, the issue of liability is a real one.
- Lola Smallwood-Cuevas
Legislator
We've been talking a lot about that in LA County. And so, you know, I'm going to support the bill. I really appreciate that you're going to be continuing to work with the opposition in good faith, to make sure we strike the right balance in this case. And balancing the protection of our workers, the protection of our students, the protection also of our institutions from crippling liability. I know you all want the most, and that's why we're supporting this bill today.
- Lola Smallwood-Cuevas
Legislator
Okay. So I am done. You may make your comments, and then we'll go to the Senator for close.
- John Laird
Legislator
Thank you. And this is, I had this moment yesterday in committee where I got there just for the end of the discussion and did not have the opportunity to hear anything up to that, and you run the risk of stepping in it because you don't know what you all just said.
- John Laird
Legislator
But what I wanted to say is, since I've been working on the issue of these delayed claims for the last year, is that one of the few bright spots of last year was Senator Perez's bill. And to go into the weeds for a second, when Assembly Bill 218 was passed in 2019 and signed, that removed the statute of limitations for five years on old sexual misconduct claims in public entities.
- John Laird
Legislator
It created the thing I think you were just talking about, which is, I mean, the County of Los Angeles has basically, for some units, put a 0% salary increase on the table.
- John Laird
Legislator
City of Santa Monica is having a rough time. A school district in Montecito, 60% of their budget was a settlement. These are happening in ways that there are horrible impacts on local governments. And in 2023, the legislature passed a second bill by Assemblymember Addis, removing the end of the statute of limitations. And so all our efforts last year to help cities and counties and school districts were looking backward, and it was looking to the old claims that were covered by that first bill.
- John Laird
Legislator
And yet, if there's to be liability heading forward, it requires prevention programs to be able to mitigate that liability, and that's why the bill last year was so important. And my concern here is just, when you read the analysis, it's sort of in the silo of equity, and equity that classified employees get the same rights that certificated employees get in schools.
- John Laird
Legislator
And I think that is a matter of equity and is a matter of justice, but you have to have the backdrop of making sure that we're not backsliding on the bill from last year. That we're making sure that prevention is out there and prioritized and done so that, while we attempt to redress the past issues with local districts, we mitigate against there being any future issues. So, I appreciate the author's work on this.
- John Laird
Legislator
I intend to vote for the bill today. But at the same time, I want to make sure, as this bill moves along, and I would have loved to for the testimony. As this bill moves along, that if there are considerations to make sure that we do not step back from our commitment to prevention and everything it takes to do it, that we are not stepping back.
- John Laird
Legislator
So that was my concern, and catching the last thirty seconds of your comments, I think it mirrored some of the things that you said. So I appreciate everybody bearing with me.
- John Laird
Legislator
I was just the keynoter at the budget centers conference with 500 people. And your name came up.
- Lola Smallwood-Cuevas
Legislator
Well, appreciate the comments. And Senator, would you like to close and get back to your committee?
- Sasha Perez
Legislator
Yeah. Certainly. You know, I'll say a couple of things. One, you know, this is a very important issue for me, and I understand that there's been a lot of focus on this because of the FCMAT report. And for me, my concern around this issue doesn't come from the FCMAT report.
- Sasha Perez
Legislator
It comes from being directly impacted, which is a very different experience, I think, than some of you here. I wanted to work on this issue two years before I got here to the Senate. When I was a student in high school, I had a school guard who attempted to groom me and asked when I was going to turn 18 because he wanted to be romantic with me.
- Sasha Perez
Legislator
This was somebody that I looked up to, that I considered a mentor, and who wanted to take advantage of the relationship that we had because I was having challenges at home. I know multiple victims like this.
- Sasha Perez
Legislator
I got away. And fortunately, I know many people who didn't. I've convened conversations with survivors. I've had conversations with survivors who have told me about times that they've written documents outlining the pain that they've gone through, identifying somebody on campus that has been assaulting them, harassing them, given those documents to other teachers and administrators, and had those documents be hidden.
- Sasha Perez
Legislator
It's utterly terrifying to hear so many of these stories, and it absolutely breaks my heart that this is something that has gone on for so long, and that there's been so little protection here.
- Sasha Perez
Legislator
And that's part of the reason why I wanted to do this bill. When I met Mike Fine when I first got here to the legislature several years ago, you know, I told him that this was my top priority issue because I had seen so many bills be introduced in this space that had failed.
- Sasha Perez
Legislator
And so, you know, what we're trying to do here, I think, is make sure we just don't have alignment, but also ensuring that we're including contractors as well, and that it's very important that we do have an ALJ process. I recognize that, you know, placing somebody on a pending status list is something that I think makes everyone uneasy while an investigation is ongoing, but as I've spoken with several folks, it's also very critical.
- Sasha Perez
Legislator
I cannot begin to explain to you how many victims I've spoken to where, when we identify the perpetrator, they have bounced around to two to three school districts, sometimes knowingly and sometimes unknowingly, knowing their past and what they've done to other students.
- Sasha Perez
Legislator
It is absolutely unacceptable. So, you know, for me, this is a very personal issue. I recognize that there's cost associated with trying to implement something like this, but it's super important that we get this right. There's the fiscal component of this, which I know we've had lots of conversations about. Senator Laird has certainly worked on a bill in that space, but, for me, there is a ton of work to be done here.
- Sasha Perez
Legislator
And I'll be honest with you, I'm just getting started. So I thank you all so much, and I respectfully ask for your aye vote.
- Lola Smallwood-Cuevas
Legislator
Thank you. We have a motion from Senator Strickland. Assistant, please call the roll.
- Committee Secretary
Person
Senator Smallwood-Cuevas, the motion is do pass to the Senate Committee on Appropriations. [Roll Call]
- Lola Smallwood-Cuevas
Legislator
We have a vote of three to zero. The bill is on call. Thank you. Okay. I see Senator Richardson is with us.
- Lola Smallwood-Cuevas
Legislator
So we will move on to file item number four, SB 1089. And if you have witnesses in support, they can sit at the table and we'll be ready for them. Okay. You may.
- Laura Richardson
Legislator
Thank you very much. Thank you, Madam Chair and members of the committee and, Senator Laird since you said, Senator Perez had the best bill, that you saw last year. I'm committed to this being your best one for this year. So, I'm gonna do my best at this. So, good afternoon, Madam Chair and members of this committee.
- Laura Richardson
Legislator
I'd like to start off by confirming my acceptance of the committee amendments and thank the chair and staff for working with us. Me and my team to make SB 1089 a true valued benefit to the state employees and ultimately all Californians. Today, I want to have a frank conversation about weight. Chronic weight disease is a serious problem in The United States.
- Laura Richardson
Legislator
Of the 39.5 million people who live in California, approximately 24,500,000 adults between the ages of 18 and 64 are currently living in California with some sort of weight issue.
- Laura Richardson
Legislator
Being overweight comes with many challenges such as the predisposition that someone might have to cardiovascular disease, diabetes, neurological disorders, chronic respiratory diseases, and digestive disorders. In addition to some of these chronic weight, diseases that they can extend, when you look at this beyond these diseases but to actually leading to potential cancers. Thirteen have been identified. I'm only gonna mention a few. Colon and rectal cancer, excuse me.
- Laura Richardson
Legislator
Between, let's see. I took TheraFlu, Sudafed, and now a Lozinger all at the same time. So if I mix a few words, you'll have to excuse me. Endometrial of the uterus, cancer, gallbladder, renal cell carcinoma, liver, ovarian, and thyroid cancer. Further, in addition to increasing cancer risk, chronic weight disease is also associated with more than 200 core morbidity conditions such as high blood pressure, heart disease, stroke, fatty liver disease, diseases of the gallbladder and pancreas, and kidney disease.
- Laura Richardson
Legislator
More simply stated, what is GLP ones? What do they do? They stimulate the insulin secretion by suppressing an appetite and delaying gastric emptying to promote a significant waste loss. Maybe let me state that a little more simply. What that means is is that a person, by suppressing an appetite and still feeling full, an individual is less apt to want to now say, okay, two hours later or four hours later, what am I gonna have for lunch?
- Laura Richardson
Legislator
What am I gonna have for dinner? G L P ones are demonstrating more and more the capacity to improve health in the areas beyond weight loss. Recent studies have also shown that, by having assistance through G L P ones, it can improve cognitive and behavioral health, lowering risk of heart attack, stroke, liver disease as already stated, and they're now, looking at benefits potentially towards dementia and Alzheimer's.
- Laura Richardson
Legislator
Chronic weight management can be related to also reduced labor participation earnings, increased early mortality, absenteeism, disability, and health care costs in an excess of over $1,000,000,000 that impacts our California gross domestic product. So why did SB 1089 need to take place?
- Laura Richardson
Legislator
So now I'm gonna get into my personal story here. The reason why I brought forward SB1089 is because even with the proven results that are coming forward, insurance companies are still not providing GLP ones to people who need them, even if they're prescribed by their doctor. As a state employee, I'm a current state employee, and my insurance, we have some of the best insurance.
- Laura Richardson
Legislator
I was told they do not offer despite the fact that my BMI numbers, blood numbers, all the different things that they test individuals for, including being on the prediabetic level, I was still told that it was not available to me even though it was prescribed to me by my doctor. That my insurance, an insurance here with CalPERS, does not offer it only in the sense if a person is diabetic.
- Laura Richardson
Legislator
It is why those particular products are offered. So when we talk about G L P ones, it's important. The reason why I did SB 1089 was to start with one of the largest employer groups because the health plan said they will offer. So I went to health plans and said, why aren't you offering something that could actually save you money in the end?
- Laura Richardson
Legislator
Because if I'm healthier, why would you want me to gain more weight, have core morbidities, have diabetes, all of that that's gonna cost you more money to provide health insurance for me.
- Laura Richardson
Legislator
And, no answer. Basically, the answer was, health insurance plans provide services that the employers require. So that's why the first part of this bill is saying that Calpers would have their health plans offer. It is not requiring people. Everyone is not going to have to pay for something they don't need.
- Laura Richardson
Legislator
I, more envision something like, I wear glasses so maybe I pay more for the vision plan or you may have dental issues, so you pay more for a dental plan. Or you decide because you look at the history and say, I wanna pay more for long term health planning. These are decisions that people based upon their personal health history should be able to have offerings that can help them to live better.
- Laura Richardson
Legislator
And so by calpers offering, as an option to their health plans, State employees are a good pool of people where we could frankly look at and see, the potential need if people the value of having it with other health plans. The second piece of the bill though, The number one issue with G L P ones is accessibility.
- Laura Richardson
Legislator
People being able to get it and then the second piece is at an affordable price. When I first started paying for GLP ones and my doctor prescribed it, I ended up getting a compound because compounds are cheaper than actually getting the brand product. And so you have people out there who are getting compounds which is a mixture of the drug that's not even the, you know, fully the end compound that you're getting is approved.
- Laura Richardson
Legislator
But how that is formulated is debated of whether it is best in the same of getting a brand. So for me, I started off even with a compound spending almost $700 a month.
- Laura Richardson
Legislator
That's like a car payment. Most people, most Californians cannot afford to take out for their personal, I wanna live better, make that decision themselves to take away $700 a month. Even with the price reductions, I'm still paying out of pocket. Now I pay the brand direct. So I pay about $75 more per month to pay for the brand instead of doing the compound, and I'm still paying almost $500 a month.
- Laura Richardson
Legislator
And the question before you is whether state employees and whether Californians should have to decide between sending their kids to a summer program, being able to do a car note to be able to decide, hey, I need to live healthier because I'm on the verge of becoming diabetic. And so, this bill, the second part of it, the reason why we have the CalRx piece is that the governor has already made movements in the insulin realm and some of those areas.
- Laura Richardson
Legislator
And this would give all Californians, not just people who happen to work as state employees, but to potentially Cal Rx could give all Californians the ability to purchase G L P ones at a reasonable and affordable price.
- Laura Richardson
Legislator
And so, with that, for this reason, SB 1089 would require calpers to offer to be available, if needed, G L P ones as a part of their health plans to reduce chronic weight management, to increase access for their workforce, and improve affordability and maximize better health outcomes. Now, for the final part of the story, I started taking Zepbound in August.
- Laura Richardson
Legislator
I have lost 43 pounds. You can't argue with results. I'm not someone who's six hundred pounds sitting in the basement playing video games. I'm a person who goes to work every day, seven days a week, busting my you know what and still, was having a challenge and seeing an increasing weight even though I was eating salads and trying to do the right thing.
- Laura Richardson
Legislator
So I think it's time for us to give state employees, number one, a person who people choose to work for the state because we believe in public service, not because we're trying to get rich.
- Laura Richardson
Legislator
So certainly, state employees, if there's a way for them to be healthier and they're willing and they know that, they should be able to do that at an affordable price and not at the expense of their family. And then finally, the second piece as I stated, all Californians frankly deserve the right to have access to make thingS Better. And so for that, I urge your aye vote on this, SB 1089.
- Laura Richardson
Legislator
And today, I have with me, individuals who are going to share with you from their professional perspective their knowledge that I hope will, urge you to support this bill.
- Cher Gonzalez
Person
Thank you, madam chair and members of the committee. My name is Cher Gonzales, and I have the honor of representing the American Diabetes Association. We are in support of SB 1089. We are not the bill's sponsor. It's very obviously author sponsored, but we are in strong support and are grateful to the esteemed author.
- Cher Gonzalez
Person
The bill ensures that California state and local government employees have access to GLP-one medications, treatments that represent one of the most effective tools we have to prevent and manage Type 2 diabetes. These are not cosmetic weight loss drugs. They improve insulin sensitivity, reduce blood glucose, support healthy weight loss, and cut the risk of developing type two diabetes by as much as sixty percent in people with prediabetes. California faces a diabetes crisis.
- Cher Gonzalez
Person
More than three million residents already live with diabetes, with another ten million adults living with prediabetes.
- Cher Gonzalez
Person
The toll is enormous, over 40,000,000,000 a year in healthcare costs and lost productivity. According to the Department of Healthcare Access and Information, twenty five percent of all preventable hospitalizations in California are diabetes related. Prevention is our best chance to reverse this trend, and GLP-one medications allow us to intervene before diabetes develops. Yet, too many Californians who could benefit cannot access these treatments because insurers exclude or severely restrict coverage.
- Cher Gonzalez
Person
This inequity worsens health disparities, especially in communities of color and among lower income families who are already hit hardest by diabetes.
- Cher Gonzalez
Person
By requiring coverage for GLP one medications, SB 1089 would save lives, reduce health care costs, and move us toward true health equity. The science is clear. When people can access proven prevention tools, we prevent disease, not just treat it. On behalf of the American Diabetes Association, I therefore urge your aye vote on SB 1089 to give more Californians a fair chance to stop type two diabetes before it starts.
- Lola Smallwood-Cuevas
Legislator
Thank you. Any more support me twos out there, please step to the mic and state your name, affiliation, and position.
- Timothy Madden
Person
Thank you, madam chair. Tim Madden representing the California chapter of the American College of Cardiology and the California Rheumatology Alliance in support.
- Natalie Pita
Person
Good morning. Natalie Pita on behalf of the California Academy of Family Physicians in support.
- Lola Smallwood-Cuevas
Legislator
Any other? Okay. Seeing none, we'll go to opposition. Are there any opposition witnesses? Please have a seat at the table.
- Austin Airth
Person
We'll need two minutes. Good morning, chair and members. We thank the Senator for important work on this on advocacy on this issue. We still have some concerns with the bill in print, but we're encouraged by the conversations we've already have with the senator's office as a way to achieve these goals without harming patient access or innovation on life changing medications like GLP ones. Thank you.
- Lola Smallwood-Cuevas
Legislator
Any other opposition me twos out there? I've seen none. We'll come to the dais.
- Lola Smallwood-Cuevas
Legislator
We have a motion by Senator Strickland. Any others? I will just say oh, did you wanna say something Senator Laird? Or were you just stretching? Okay.
- Lola Smallwood-Cuevas
Legislator
I just wanna thank you for acknowledging your acceptance of the amendments from the Health and Labor Committee, and I deeply support this bill. And we have a motion from, Senator Strickland. Would you like to close?
- Committee Secretary
Person
The motion is do passed as amended to the Senate Committee on Appropriations. Senator Smallwood Cuevas? Aye. Smallwood Cuevas, aye. Senator Strickland?
- Lola Smallwood-Cuevas
Legislator
And we have a vote of four to zero. That bill is on call. Thank you. Thank you. Okay.
- Lola Smallwood-Cuevas
Legislator
No. We are going to call we're gonna move on to file item while we have everybody. File item number two.
- John Laird
Legislator
I was just gonna suggest while she was moving to the mic that I would move the consent agenda.
- Lola Smallwood-Cuevas
Legislator
Oh, wonderful. We have a motion for Senator Laird. Thank you, Senator Laird. Let's call the roll in the consent calendar.
- Committee Secretary
Person
Smollett Cuevas, aye. Senator Strickland? Aye. Strickland, aye. Senator Cortese?
- Committee Secretary
Person
Cortese, aye. Senator Durazo? Senator Laird? Aye. Laird, aye.
- Lola Smallwood-Cuevas
Legislator
Okay. We have a vote of four to zero. The consent calendar is on call. Senator, you may begin. Okay.
- Catherine Blakespear
Legislator
Well, thank you, Madam Chair and members. I am here today to present SB 954, which provides thoughtful improvements to the CEQA exemptions that passed through the budget act last year in SB 131. Last year, the legislature passed SB 131, creating over a dozen new CEQA exemptions. Many of these CEQA exemptions are sensible and promote needed development that doesn't harm the environment or jeopardize human health.
- Catherine Blakespear
Legislator
However, SB 131 created an exemption for advanced manufacturing that is so broad that it covers strip mining, lithium mining, and other activities that are known to be especially harmful to the environment.
- Catherine Blakespear
Legislator
This undercuts California's long, proud tradition of protecting the environment and the spirit of CEQA, and it does not build the clean, abundant future that Californians deserve. That is why so many senators and assembly members raised serious concerns about the policy when it was jammed through the legislature at the end of session. In response, Senate leadership and the Senate budget chair committed to revisiting the definition for advanced manufacturing and adding stronger protections for habitats for sensitive species and tribal resources.
- Catherine Blakespear
Legislator
This bill, SB 954, follows through on the promises to clean up SB 131 and and adds critical labor protections for advanced manufacturing projects that do get the CEQA exemptions. SB 954 preserves habitat for protected species and closes other loopholes in SB 131.
- Catherine Blakespear
Legislator
And primarily, it starts the conversation that should have happened last year with stakeholders and legislators on where to draw the line about what actually is advanced manufacturing. Specifically, SB 954 clarifies the intent of the legislature to refine what advanced manufacturing should be granted a CEQA exemption, and it adds important environmental guardrails, including that advanced manufacturing within a thousand feet of a disadvantaged community must go through CEQA. It provides protections for tribal resources and for workers, including those who work in these advanced manufacturing facilities.
- Catherine Blakespear
Legislator
The labour criteria require skilled and trained workforce and prevailing wage for construction. It is common practice to add labor provisions for construction when granting large scale CEQA exemptions.
- Catherine Blakespear
Legislator
SB 954 also goes further with labor protections compared to existing CEQA exemptions by requiring that project applicants meet high road employment standards which include good wages above the local or regional living standard, commitments to invest in employee training, incorporating worker voice, and requiring safe and healthy working conditions. This is especially important for advanced manufacturing that gets a CEQA exemption because advanced manufacturing, as it's currently defined, can include severely polluting industries like semiconductors that have a history of harming the health of workers.
- Catherine Blakespear
Legislator
There are still a lot of work that needs to be done in SB 954, particularly in identifying what types of facilities actually are going to count as advanced manufacturing and what aren't. I look forward to providing productive conversations with the opposition here today and beyond as this bill continues its way through the legislative process. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you, Senator. Witnesses, you each have two minutes.
- Elmer Lizardi
Person
Thank you, Chair and members. Elmer Lizardi with the California Federation of Labor Unions. First, again, we want to thank Chair Blake Spear for SB 954's introduction. It is allowing us to have this public debate on the issue that has been deferred since the introduction of SB 131 from last year. We represent over 2,300,000 union workers in California, including thousands of skilled workers who build, maintain, operate, and labor in manufacturing facilities in the state.
- Elmer Lizardi
Person
Our unions fully support expanding California's manufacturing base, but we have to ensure that industry growth is accompanied with protections for workers, communities, and the environment. SB 131, with its massive exemptions for broadly defined advanced manufacturing projects, eroded labor standards for workers, environmental safeguards, and public accountability in the process. Without any significant cleanup legislation, companies will continue to take advantage of the overly broad definition to skip over the public environmental and community review process to access building permits.
- Elmer Lizardi
Person
This status quo allows companies to deprive workers, unions, and their communities of the opportunity to provide necessary input for large industrial projects that are sited in their own backyard. And as the EQ committee analysis clearly outlined and as the author outlined as well, the facilities that we're talking about here include incredibly toxic and dangerous project types like semiconductor facilities, fertilizer production, and rare earth mining that requires radioactive waste containment.
- Elmer Lizardi
Person
Workers are the first line of exposure to the carcinogens that are found in these projects, and building any large scale industrial facilities without safeguards that are traditionally required under CEQA increases exposure to unsafe conditions, accelerates timelines, and compromises safety, and removes oversight mechanisms that ensure that projects are built correctly the first time. With this in mind, we support SB 954.
- Elmer Lizardi
Person
It is a great step towards establishing oversight over advanced manufacturing projects, while prioritizing labor standards, like skilled and trained workforce requirements, prevailing wage standards, high road job standards, and community benefits agreements. We look forward to working with the author and stakeholders on the definition to allow for growth in the state's economy while also investing in safe middle class jobs for the workers, propelling that growth, and of course ensuring that the communities in which they live are protected. Thank you, and we request a aye vote.
- Raquel Mason
Person
chair and members. My name is Raquel Mason with SEHA Action, here today in support of SB 954 by Senator Blake Spear. I also wanna start and share our sincere thanks to Senator Blake Spear and her team for all her work on this bill. Last year, when SB 131 was signed into law, it created a sweep B exemption for advanced manufacturing, removing facilities with known track records for water contamination and air pollution from any environmental review.
- Raquel Mason
Person
This exemption applies to project types like strip mining, metal forging, and fertilizer production.
- Raquel Mason
Person
Our communities rely on CEQA as a tool for accountability and public participation. Without it, residents lose the ability to understand what is being proposed in their neighborhoods and the ability to advocate for safer alternatives. And under SB 131, a broad swath of harmful project types can develop without any of the public processes we depend on. In environmental justice communities, we have seen CEQA work across our alliance.
- Raquel Mason
Person
Our members are using CEQA to educate residents about projects coming into the communities, discuss the impacts these projects may have, and work to improve them.
- Raquel Mason
Person
SB 954 takes important steps to restore safeguards by limiting the advanced manufacturing exemptions to projects that adhere to strong pollution limits, labor standards, and are located at safe distances from sensitive communities. These are necessary protections. At the same time, we need to ensure that the final definition for advanced manufacturing is narrowed to a limited and clearly defined set of projects that truly align with state climate and equity goals and do not create significant harm.
- Raquel Mason
Person
We look forward to continuing to work with the author, to continue strengthening this Bill so we can ensure that no project moves forward without censoring the people most impacted. And with that, we respectfully request your eye vote on SB 954.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay. We will hear support me too's state your name, affiliation, and position.
- Scott Wetch
Person
Madam chair, member Scott Wedge on behalf of the California State Pipe Trades Council, the State Association of Electrical Workers, the Western States Council of Sheena Workers, the California Coalition of Utility Employees, and the Elevator Constructors Union in support. Thank you.
- Alberto Turico
Person
Good morning. Alberto Turico on behalf of United Auto Workers in support.
- Gabriel Tolson
Person
Good morning. Gabriel Tollson with the Planning and Conservation League in support. Also registering support on behalf of the California Native Plant Society, Defenders of Wildlife, Pacific Forest Forest Trust, National Parks Conservation Association, Environmental Protection Information Center, Resources Renewal Institute, Environmental Defense Fund, California Coastal Protection Network, Environmental Action Committee of West Marin, Sonoma Land Trust, and Californians Against Waste. Thank you.
- Mariela Retro
Person
Good morning, Mariela Retro with leadership council with justice and accountability in support. Thank you.
- Connor Gussman
Person
Good morning, chair members. Connor Gussman on behalf of Unite here, International Union, and Teamsters California in support. Thank you.
- Judy Yee
Person
Judy Yee with the state building trades and also registering support for the United Auto Workers in support.
- Benjamin Henderson
Person
Benjamin Henderson with the Western Center on Law and Poverty in support.
- Marie Lu
Person
Marie Lu expressing support for Surfrider, Occidental Art Center, and the Ecology Center. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Any more support me twos? Okay. We will move to opposition. Are there opposition witnesses?
- Louis Marante
Person
Good morning, madam chair and committee members. My name is Louis Marante with Baird Council. We represent about 400 of the region's largest employers. We are the first business we were the first business group in California to support AB 32, and we believe California should lead the world in building the clean energy economy. But we are here to respectfully oppose this bill.
- Louis Marante
Person
I want to express express our appreciation to the author and her team for working with us despite our opposition. But we are worried that the overlapping restrictions in this bill will render it, less useful than it should be. We're here because this bill risks having the practical effect of repealing the advanced manufacturing exemption. California has some of the cleanest energy, highest energy efficiency standards, and cleanest fuels in the country. We should build the high-tech and green future we invent here in California.
- Louis Marante
Person
Preventing industrial leakage is also critical to convincing the world to adopting our broader climate system. But in December, a Bay Area company called Anthro Energy, which invented a cutting edge new battery with over $5,000,000 from the California Energy Commission, announced its first factory. It's in Louisville, Kentucky where 78% of electricity comes from coal and where the the factory will have a carbon intensity four times higher than it would in California just from the grid. This is a trend.
- Louis Marante
Person
California has lost 615,000 manufacturing jobs since 2000 in part because our environmental laws make the perfect the enemy of the good.
- Louis Marante
Person
The overlapping and strict requirements of this bill will likely lead to manufacturers continuing to walk away from California rather than initiate projects here. For those reasons, we respectfully urge your no vote on SB 954. Thank you.
- Adam Regele
Person
Good morning, chair and members. Adam Regli on behalf of the California Chamber of Commerce, which Chamber of Commerce, which, SB 954 has been tagged as a cost driver. My colleague has outlined, really the issue at heart here, which is does California wanna attract manufacturing to a state that has championed, climate change, energy efficiency, you know, world class labor standards, and drive those out of California and other states. Not just new projects, but expansions and upgrades to facilities all can trigger CEQA.
- Adam Regele
Person
It is an abused statute. It has very laudable intent to protect the environment, and it's very easy to utilize it to leverage for other things unrelated to the environment that has driven manufacturing to other states where time and the ability to permit in a global market, is essential. And so they choose other states, regardless of how clean or how, labor standards are here. They choose it because time is money, and money is what drives capital markets, which drives the ability to manufacture here.
- Adam Regele
Person
As my colleague noted, 600,000 jobs since 82,000, manufacturing jobs lost since 2024.
- Adam Regele
Person
And so we are seeing this trend continue, not decrease. And when we talk about CEQA, it's really positioned as the end all, be all for environmental review. There are dozens and dozens of permitting and other environmental laws that are still required even without CEQA. And until you fix CEQA, it is one of the biggest impediments for why manufacturing doesn't come here, expand, or upgrade because of the fear that it triggers, a statute that's abused.
- Adam Regele
Person
It's not the end all be all for environmental review, but it can be the end for projects coming, expanding.
- Lola Smallwood-Cuevas
Legislator
Thank you. Any opposition me toos, please step to the mic. State your name, affiliation, and position.
- Skyler Wonnacott
Person
Good morning, madam chair and members. Skyler Wanakon on behalf of California Business Properties Association and NAOP California, as well as the California Business Roundtable in opposition.
- Elizabeth Esquivel
Person
Elizabeth Esquivel with the California Manufacturers and Technology Association, also in respectful opposition. Thank you.
- Sarah Polamu
Person
Sarah Polamu with the California Retailers Association, also in respectful opposition.
- Chris McCauley
Person
Madam Chair, Chris McCailey on behalf of the Los Angeles Area Chamber of Commerce, respectfully opposed. Thank you.
- Matty Hyatt
Person
Matty Hyatt from the Capital Business Alliance opposed on the grounds we feel it's a high condition pathway that only higher larger firms can afford to implement.
- Lola Smallwood-Cuevas
Legislator
Okay. Any other opposition? Okay. Seeing none, we'll come to the dais. Senator Strickland.
- Tony Strickland
Legislator
Thank you, madam chair. I realize I'm probably in the minority here and I have deep respect for the author. And I know her passion for the environment. And she is one of the leaders in California and passion for the environment. But I do believe that we need to start bringing about balance from I think we can get balance between a good environment and a strong economy and jobs.
- Tony Strickland
Legislator
I've seen now many many bills and exemptions through the legislature on CEQA exemptions. And, a lot of them are, both Democrat and Republican asking for CEQA exemptions. And so I do think that we need CEQA reform because I think the balance is not there. Clearly, the balance is not there. We continue to lose manufacturing jobs.
- Tony Strickland
Legislator
It's the first time in California history since the gold rush where people are leaving the state than coming in. In fact, if you look at the census, they're saying that we might lose four congressional seats in 2030 in California, and a lot of it is because we are not business friendly. Jobs are leaving to Louisville, Kentucky. Jobs are leaving to Florida. My brother lives in Jacksonville, Florida.
- Tony Strickland
Legislator
He wanted to stay in California. We had to move where his job went. And I think there could be a balance, here moving forward. You know, again, manufacturing is one of the main things that that we need to fight for, and we continue to lose manufacturing jobs, good paying jobs, to states like Kentucky, Florida, and Texas. And again, personal note, we need to bring this balance back because when you look at California, we live in Oasis.
- Tony Strickland
Legislator
I live in Huntington Beach, California. There's no better place, in my opinion, to live in the world than Huntington Beach, California. But people are leaving here to go to the cold weather in Montana where it's frozen three months a year, or they're going to humidity and the heat of Texas and Florida because we're not business friendly. And I do think that we can get the balance and I'm hoping that we start bringing about balance here in California.
- Tony Strickland
Legislator
And again, with deep respect to the author of this because I know your passion.
- Tony Strickland
Legislator
But I guarantee you, we're gonna see more and more bills coming from Democrats and Republicans asking for this exemption, that exemption. We need to look and and tackle the big issues in California, and I think there needs to be CEQA reform. Again, as the testifier said here earlier, if even if there's CEQA reform, there's other environmental stands that we have here that are so above every other state in the country.
- Tony Strickland
Legislator
And we do need to preserve our environment but I think we need to bring about more balance and that's why I'm not supporting this bill today. Thank you.
- John Laird
Legislator
Thank you very much, madam chair. Actually, let me talk about why we're here this moment talking about this. And that is because this was jammed through the legislature in a budget bill and not through the policy process last year. And when it was done, it had not addressed certain tribal issues. It did not address certain weapons issues.
- John Laird
Legislator
It did not address certain issues about advanced manufacturing. It did not address the part of advanced manufacturing that the witnesses testified for. And it is a thankless job that this author has stepped up to because which everybody said, oh we will clean this up next year. And if there was ever an argument for not voting for a bill that people said at the time you were voting on it, it needed cleaning up.
- John Laird
Legislator
This is it because then the testimony makes it appear as if this is a one off.
- John Laird
Legislator
Oh, we're just looking at this as opposed to this was everything that fits together and this should have been in the bill last year and it is left to clean up this year to do it as if it's a standalone thing with all these positive and negative issues on it.
- John Laird
Legislator
And so I know that the author will continue to work on these issues but there really was those three issues that weren't included or addressed in the bill last year and you're doing your damnedest to address them in this bill and I think another vehicle. And so, I know you'll continue to work on this and at the appropriate time, I will be happy to move the bill.
- Dave Cortese
Legislator
Thank you, madam chair. I'm proud to be a co author of the bill and had the opportunity to be involved in some of the discussions leading up to what it ended up being put in print by the author and I appreciate all of that. Just have a question here, listening to opposition and I'm asking you for clarification.
- Dave Cortese
Legislator
Advanced manufacturing, as I understand it, so long as it's going into an industrial area, is still receiving benefits under the original one thirty one concept if you wanna I guess, my way of characterizing it.
- Dave Cortese
Legislator
But I just wanted to you could restate that if you want, but I wanna make sure that we're clear, in terms of the way the bill has been kind of framed by opposition that this is not getting in the way of what I would call day to day, of putting advanced manufacturing into industrial areas in my district in Silicon Valley that are general plan that way in the first place.
- Catherine Blakespear
Legislator
So the way that the law is currently is if there's an industrial zone and there's a project that wants to claim that they are advanced manufacturing and there are a long list of different, types of businesses that have received, tax exemption as advanced manufacturing, which is the thing that leads us to say strip mining counts because it has received, this tax exemption, Then they would proceed to apply for a CEQA exemption, and then they would not have to do any of the things associated with CEQA.
- Catherine Blakespear
Legislator
So that includes mitigation for the project. And some things that are mitigation are, for example, rec doing an assessment of what is happening in that land at that moment. And if it's, for example, a nesting habitat, a decision to do construction outside of nesting season. So that's the kind of thing that comes up as part of mitigation. So there would be no mitigation required.
- Catherine Blakespear
Legislator
There's, of course, also no litigation risk when you don't have to do CEQA. And then the labor standards would have to be negotiated in some other way if there are any. And there are different laws that apply, of course, at different levels.
- Catherine Blakespear
Legislator
But the reality right now of such a broad, exemption means that there are all sorts of things that would be able to avoid doing any of the tribal consultation, the environmental mitigation, the discussion over labor standards, and that is part of what we're trying to reestablish as part of this.
- Dave Cortese
Legislator
Right. And I just remember there are distinctions between, for example, important ones here that, in essence protect some of those interests that you're talking about in habitat conservation areas and conservation areas you just mentioned. Areas where there are habitat concerns. I know we're in labor committee here, so I don't wanna go down a rabbit hole in terms of things that have already been voted on and discussed, you know, in the other committee and so forth.
- Dave Cortese
Legislator
But I really wanna get back to the risk as to manufacturing jobs.
- Dave Cortese
Legislator
The lands that are industrial zoned in my district as I understand it are not gonna be impacted in terms of their ability to provide employment should they wanna still do manufacturing. Most of the industrial properties in our area are now r and d and just about everything but traditional manufacturing.
- Dave Cortese
Legislator
But that said, the distinction when I try to apply this to my own district and did so as as a critical thinking co author on this is that we're not impacting jobs in, you know, in areas that are already protected in my area by green line initiatives, by urban growth boundaries, by habitat conservation plans, and so forth. This bill and other cleanup legislation before it has now taken care of that, but still left the ability for job creation to occur in industrial zones.
- Catherine Blakespear
Legislator
Yes. That's right. And also, I just wanna recognize that the opposition is making really good points about California's competitiveness. That we want to be the state of innovation. We want to keep companies that have incubated here.
- Catherine Blakespear
Legislator
We want them to take the next generation and then the third generation to stay in California, providing those jobs, providing the creative economy and the energy future and the abundance that we're all looking for. So the multifactorial assessment of why is it that companies are leaving California, what is it we can do to incentivize them. You know, to me, this, there are many things that are layering on top of those decisions. And it's not only CEQA.
- Catherine Blakespear
Legislator
So, and there are many different industries that we're also incentivizing like Hollywood, right, which is not really implicated in this type of a bill about advanced manufacturing.
- Catherine Blakespear
Legislator
But I think when this bill passed, as, Senator Laird said, it really was jammed through so quickly and in a forty eight hour period that there I think there was a feeling that advanced manufacturing was just semiconductors because sometimes those two words were used interchangeably. But then in reality, once we actually looked under the hood and saw, oh, there's this, actually, this definition of advanced manufacturing that's very broad and can include all these types of manufacturing.
- Catherine Blakespear
Legislator
And it could be argued almost anything that uses a computer could be, classified because it's promoting that mechanization in a way that could classify as advanced manufacturing. Of course, all this could eventually lead to litigation as well, but we don't want that. Right?
- Catherine Blakespear
Legislator
We wanna have clarity around the law. What is it that has a sequel exemption? And to Senator Strickland's point, I would love to do a bill, and I've already been trying to spitball what would comprehensive sequel reform look like. And there are many sacred cows in the process that are difficult to figure out. What what do we do about who can be a plaintiff?
- Catherine Blakespear
Legislator
You know? So some of the things right now, the barrier to entry for litigation is very, very low. So anyone can sue for any reason on CEQA. And but it's like when you start to look at who should be a plaintiff, who could, how do we limit that? It just gets enormously complex.
- Catherine Blakespear
Legislator
So that is something that I want to work on and that I think about. But this bill specifically is cleaning up what happened at the end of last year around the definition of advanced manufacturing and also the CEQA exemption in general as it was applied. So, there are multiple parts of this, including the labor part, which is why it's in your committee today.
- Lola Smallwood-Cuevas
Legislator
Yeah. And really, important discussion and debate. And I just wanna thank you for bringing this bill forward. It's a challenge, when we talk about CEQA and we see the intersections of environmental industry and workers, too often those three are pitted against each other. And I think you're trying to figure out a way forward that allows us to accomplish the goals that I think the opposition raised at the same time ensuring we're protecting those communities.
- Lola Smallwood-Cuevas
Legislator
And I just wanna be clear, this exemption will not harm all California communities equally. I represent South Central Los Angeles. We are in a sort of thread of an industrial corridors down in, the Southeast Side Of Los Angeles County, and our communities are definitely most impacted by industry. And we see the health effects of that. And unfortunately, the history of where we build the dirtiest, most toxic industries are typically in black and brown communities, working class of color.
- Lola Smallwood-Cuevas
Legislator
So why these policies are important? Why this care that we're taking through this CEQA exemption process is, a really, complex and difficult but necessary is because we've got to figure out a way as we move deeper into the twenty-first century and we figure out how we rebound our manufacturing sector here in California. We do it not in the old way, but in the new ways, that protect everyone.
- Lola Smallwood-Cuevas
Legislator
I also wanna say the labor conversations and where we landed in this bill is really encouraging to me because we're going beyond just the labor standards, but also talking about the future of work and what does it mean to have community benefits agreements that guarantee and prioritize those frontline communities, those vulnerable communities, in quality job creation. So I really wanna applaud the author.
- Lola Smallwood-Cuevas
Legislator
I wanna thank her for continuing to work with the opposition on this important work that is really the future of California, because we need strong industries to have strong workers, and we know that builds strong communities. And so I will be supporting the bill today and I think we have a motion from Senator Laird. Would you like to close and then we'll take the vote?
- Catherine Blakespear
Legislator
Yes. Thank you. Thank you. I appreciate the support witnesses and the opposition witnesses and the dialogue from the committee. I think the the last word I'd like to say on this is that when we introduce the bill and its current stage right now is that advanced manufacturing is undefined in the bill.
- Catherine Blakespear
Legislator
So we are welcoming feedback particularly from industry about what are the environmental impacts that your industry is having if you are broadly in this category that could be considered advanced manufacturing so that we could try to chart something that can thread that needle to make sure that we're we're using an analysis that works, that is something that, can achieve multiple goals. So it's really a broad invitation to reach out to my office, to the Environmental Quality Committee so that we can take your feedback.
- Raquel Mason
Person
Thank you. And we have a motion from Senator Laird. Please call the roll.
- Committee Secretary
Person
The motion is do passed to the Senate Committee on Appropriations. Senator Smallwood Cuevas.
- Committee Secretary
Person
Smallwood Cuevas, aye. Senator Strickland? No. Strickland, no. Senator Cortese?
- Committee Secretary
Person
Cortese, aye. Senator Durazo? Senator Laird? Aye. Laird, aye.
- Lola Smallwood-Cuevas
Legislator
We have a vote of 3-1. That bill is on call. Thank you. Next, we will move on to file item number 5 SB 1299. I see Senator Arreguin is with us.
- Lola Smallwood-Cuevas
Legislator
Senator, please begin when you're ready, and your witnesses can sit at the table.
- Jesse Arreguin
Legislator
Well, good morning Madam Chair and Members. My pleasure to present SB 1299, the State Fire Marshall Fire Suppression Education and Training Safety Act. This bill is sponsored by the Sprinkler Fitters Association of California. SB 1299 ensures that California has a clear, enforceable framework for certifying and training fire sprinkler fitters. This bill will ensure that only properly trained and certified professionals perform this critical life saving work.
- Jesse Arreguin
Legislator
Prior to 2017, individuals installing fire suppression systems were not required to have specific qualifications despite the state fire marshal's long standing standards requiring knowledgeable and experienced installers. However, ultimately, the state fire marshal promulgated rules requiring specific qualifications and training. Unfortunately, a recent court decision struck down critical life saving regulations that were enacted after 2017 by the state fire marshal.
- Jesse Arreguin
Legislator
And I just want to clarify, the court decision did not say that the policy was illegal, but said that the rule making did not follow the the proper process under the administration procedures act and therefore, the regulations were invalidated.
- Jesse Arreguin
Legislator
The court in its ruling acknowledge that the certification program is necessary to protect public safety, validating the need for enforceable training standards. SB 1299 codifies and enacts these standards in state law to ensure that individuals working on these life safety systems are trained and qualified to do this work. Every Californian deserves to know that their fire suppression systems protecting their homes, their workplaces, and communities have been installed and maintained by qualified professionals.
- Jesse Arreguin
Legislator
With me to testify in support of the bill on behalf of the Sprinkler Fitters Association of California is Scott Wetch.
- Scott Wetch
Person
Yes. Madam Chair, Members, Scott Wetch on behalf of the Sprinkler Fitters Association of California and the California State Pipe Trades Council, SP 1299 closes a critical regulatory gap that currently undermines workforce standards and public safety in California's fire protection industry. Fire suppression systems are among the most important life safety features in residential, commercial, and industrial buildings.
- Scott Wetch
Person
Their effectiveness depends entirely on proper installation, inspection, testing, and maintenance by individuals who possess the training experience and technical expertise required to perform this highly specialized work. The original legislation in 2011- the international residential code and, therefore, the California residential code was amended to require fire sprinklers in all occupancies, meaning single family homes, duplexes, places where they hadn't been required before.
- Scott Wetch
Person
Out of an abundance of concern regarding if there is enough qualified folks to do that work. Then Assemblyman Gordon in 2013 passed AB 433, which authorized the state fire marshal to adopt whatever standards and requirements that they saw fit to ensure the highest level of fire life safety in all occupancies. As an outgrowth of that, a three year process was commenced to establish the fire sprinkler certification program as it is known.
- Scott Wetch
Person
As the Senator mentioned, basically on a technicality that was recently, key components were struck down. Now, we're seeking to codify that program that was very effective.
- Scott Wetch
Person
Nationally, about 8% of residential fires that have sprinkler systems have failures. In California, that figure is only 3% in large part because we've done the training, we've done the work to ensure that these systems are properly installed. We're very concerned if this isn't reinstituted that we could go the opposite direction. And I just note finally that it's not just an issue of fire life safety, but the number one common claim on property insurance policies is water damage.
- Scott Wetch
Person
And, a significant portion of that is caused by fire sprinkler systems that are inappropriately installed.
- Scott Wetch
Person
So you have pipes bursting. You have them inappropriately going off that creates a lot of damage, which is contributing to the insurance crisis that we have in California. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Let's see. We'll move to "Me Too's" in support. Please step to the mic. State your name, affiliation, and position.
- Lola Smallwood-Cuevas
Legislator
Okay. We will move to opposition. Is there opposition witnesses here? Seeing none, any opposition "Me Too's" here? Seeing none, we'll move to the Dias.
- Lola Smallwood-Cuevas
Legislator
Okay, thank you. Alright. Great. We have a motion from Senator Strickland.
- Jesse Arreguin
Legislator
I respectfully ask for an "aye" vote. Thank you for the motion.
- Lola Smallwood-Cuevas
Legislator
Okay. We have a motion from Senator Strickland. Please call the roll.
- Committee Secretary
Person
The motion is do passed to the Senate Committee on Appropriations. [Roll Call]
- Tony Strickland
Legislator
So members, we're now going to file on number eight, SB 1012 by the chair. And the chair can open when she is ready.
- Tony Strickland
Legislator
Madam Chair, I believe there's support on both sides, just so you know.
- Lola Smallwood-Cuevas
Legislator
Thank you, Mister Vice Chair. Alright. Well, we are gonna get started. Good morning, members. I am pleased to present SB 1012.
- Lola Smallwood-Cuevas
Legislator
This is the Fire Camp to Career Act, which strengthens pathways to stable, skilled careers for incarcerated individuals with fire camp experience. For far too long, California has relied on incarcerated fire camp participants during some of our state's most dangerous emergencies, while failing to ensure that the same service can lead to long term economic opportunity once they return home. I want to ground this conversation in the workforce we're talking about.
- Lola Smallwood-Cuevas
Legislator
During the 2025 Los Angeles wildfires, over 1,000 incarcerated individuals were deployed as first responders, working alongside professional firefighters to protect lives, homes, and communities. Our professional firefighters put their lives on the line to contain those fires and protect our communities before the disaster could spread any further.
- Lola Smallwood-Cuevas
Legislator
And standing alongside of them was what I would call the forgotten labor force, our incarcerated fire camp participants. These individuals are not observing from the sidelines. The California Conservation Camp Program gives them an opportunity to do real work in real conditions facing real danger. They fight wildfires. They clear hazardous vegetation.
- Lola Smallwood-Cuevas
Legislator
They support emergency response. They take on dangerous cleanup work and they give homeowners who are facing disaster hope. They gain hands on training. They build discipline and they develop skills that clearly translate to careers in the fire service and the skill trades. Again, they are working in real world conditions, gaining experience that many others do not have.
- Lola Smallwood-Cuevas
Legislator
And yet, when they come home, that training and experience too often does not count in any meaningful way toward a stable career. And I had the honor of being on rules committee when I first came to the Senate and we were able to appoint a number of folks in our parole aboard. And the one thing that struck me is a statistic I will never forget.
- Lola Smallwood-Cuevas
Legislator
They talked about how if an individual had a plan and a potential job, that recidivism was cut by 95%. So this is a win win win because ultimately, if we put our fire camp participants into quality career path, they're not coming back to prison and that saves us money.
- Lola Smallwood-Cuevas
Legislator
California has made important investments in rehabilitation and post release employment outcomes, but the truth is that too many people are still leaving this program without a real bridge to opportunities that they have earned. As someone who has long worked on workforce equity and access to good jobs including through my work on SB 423 last year, I care deeply about making sure that people our state relies on in moments of crisis are not forgotten and left behind afterward.
- Lola Smallwood-Cuevas
Legislator
If we are willing to rely on this workforce when California is in danger, then we should all be willing to stand up and to create a real path to economic stability when that service is over. And that is what SB 1012 does.
- Lola Smallwood-Cuevas
Legislator
It requires the Department of Corrections and Rehabilitation to connect participants who complete the California Conservation Camp Program to state-approved apprenticeships. Recent author amendments clarify that SB 1012 requires apprenticeship programs in the building and construction trades to consider prior fire camp training and work experience. So participants do not have to start from square one. And it ensures fire camp service is formally recognized so it can count toward apprenticeship eligibility. At its core, this bill is about fairness.
- Lola Smallwood-Cuevas
Legislator
It's about recognizing the training service and sacrifice. And if someone is good enough to stand on the front lines for California in a moment of crisis, they should be good enough to have a real chance to build a stable union career when they came home. With me today to testify is James Thuerwachter with the California State Labor, Council of Laborers and Enrique Rico Marquez, a former fire camp participant and a graduate of Future Fire Academy.
- James Thuerwachter
Person
Thank you. Good afternoon. James Thuerwachter with the California State Council of Laborers. I want to first thank the author for her continued leadership both in workforce development and in criminal justice reform. She's been a fierce advocate.
- James Thuerwachter
Person
We are honored to be able to work with her on this very critical issue. Our organization is comprised of about 80,000 men and women who proudly build California's infrastructure. And the opportunities that SB 1012 seek to create stand to benefit not just construction crafts like the laborers, but also they bring enormous benefits to the state and to our local communities as well. We all know that positioning yourself in the middle class in California is a daunting challenge in and of itself.
- James Thuerwachter
Person
But for those with a criminal history, even those with very old convictions, those challenges often become insurmountable systemic barriers.
- James Thuerwachter
Person
The laborers firmly believe that your past should never preclude you from picking up a shovel and earning your way into the middle class. Hard time can and should be transformed into career time when individuals are willing to work for it. SB 1012 creates a direct bridge creates a direct bridge from the justice system into long term career jobs, all while reducing recidivism and strengthening our state's infrastructure. Ultimately, this bill is not just about jobs, but rather the dignity of being a provider.
- James Thuerwachter
Person
SB 1012 takes the skills that these individuals have already proven in the field and gives them a fair shot at a pension, health care, and a steady career.
- James Thuerwachter
Person
Thank you for your support. Or thank you, and we urge your support.
- Rico Marquez
Person
How you guys doing? My name is Rico Marquez. I want to speak on part of the bill that a lot of people say, "it's a good paying job. It's great". It's really not that good paying job, firefighting. The hard hours worked, not worth the money at all. For a federal minimum wage job, it's not that great, but for a lot of people, it's not even about that.
- Rico Marquez
Person
It's more giving back to your community and firefighting's more of a transformation. The hard work, the dedication, the long nights of serving someone else, serving your community is more than a good paying job and it'll get you a house. It's more about finding yourself and getting yourself ready for what's out there for you; your next steps in life.
- Rico Marquez
Person
So I mean, for me, it was a big part in getting myself ready for coming out and just becoming a part of community and being a service to my community. It's a lot bigger than just the pay and benefits and all that.
- Rico Marquez
Person
And we ask you guys to help with this. You know, this would be a big step moving forward with this.
- Tony Strickland
Legislator
Well, I wanna thank you for everything you do, and thanks for being here. I really appreciate it. Thank you.
- Tony Strickland
Legislator
Any other witnesses, for identification purposes? In support?
- Dan Seaman
Person
Dan Seaman on behalf of Californians for Safety and Justice and the Anti-Recidivism Coalition, both in strong support. Thank you.
- Sara Flocks
Person
Sarah Flocks, California Federation of Labor Unions, in strong support.
- Nico Molina
Person
Nico Molina on behalf of the California Forestry Association, in support. Thank you.
- Matty Hyatt
Person
Matty Hyatt, registering, support for California Civil Liberties Advocacy.
- Diego Maro
Person
Diego Maro on behalf of the Latino Caucus of California Counties in support.
- Doyle Radford
Person
Doyle Radford with Construction and General Labors Local 185 in strong support.
- Victor del Toro
Person
Victor Del Toro with La Luna. I'm in full support of SB 1012 because it gives people a second chance.
- Alejandro Martinez
Person
Alejandro Martinez. I'm with the Labors and in full support of 1012.
- Joe Cruz
Person
Joe Cruz on behalf of the Southern California District Council of Laborers. We're proud to be standing with the author of this bill. Changes people's lives through hard work. It's important. Thank you.
- Tony Strickland
Legislator
Thank you. Now do we have witnesses in opposition? Any witnesses opposition for identification purposes? Seeing none, committee?
- Tony Strickland
Legislator
Okay. The bill's been moved. Would you like to close, Madam Chair?
- Lola Smallwood-Cuevas
Legislator
Yes. I thank you very much, and I wanna thank my witnesses and especially our fire camp participant. I think what he said was so poignant about how it's not about the money you make. More important than that is finding yourself and knowing who you are and finding that in the work. I think that's what we all strive for in our work, and I think this is what 1012 is about, reminding California who we are.
- Committee Secretary
Person
The motion is do passed to the Senate Committee on Appropriations. [Roll Call]
- Tony Strickland
Legislator
So that bill is four zero. Remain on call. Thanks again for being here. I really appreciate it. Thank you.
- Tony Strickland
Legislator
Now for everyone in the audience, now we're gonna go to the chairwoman's next bill. It's file line number 9SB1284.
- Lola Smallwood-Cuevas
Legislator
Thank you, mister vice chair and members. I wanna thank the committee staff always for their diligent and excellent work on this bill but every bill that they work on. As a point of clarification, I previously accepted a number of amendments in the Senate Health Committee which increased the employer threshold from 50 to 100. Designate the State Department of Health Care Services to prepare the report and, added, privacy protections.
- Lola Smallwood-Cuevas
Legislator
I will also be accepting amendments in this committee to close corporate loopholes and to add an anti discrimination protection, language so workers are not penalized being are not penalized for assessing public benefits.
- Lola Smallwood-Cuevas
Legislator
So at its core, SB 1284 is about affordability and transparency for Californians. It is about making sure that right now the more than 3,000,000 working Californians, who rely on Medi Cal because their wages are too low, or employer coverage is too unaffordable have access. Nearly one in five California jobs held by held by a Medi Cal Enrollee representing more than 20,000,000,000 in public spending tied to the workforce.
- Lola Smallwood-Cuevas
Legislator
That means taxpayers are subsidizing gaps in employer provided coverage even as a large as large corporations remain highly profitable. And we know our taxpayers are struggling with paying mortgages and rent and food and gas and all of the issues that are causing the affordability crisis that we are all working, to address.
- Lola Smallwood-Cuevas
Legislator
On top of that now is subsidizing health care gaps for profitable employers. Under existing law, large employers are already required to offer affordable coverage. When full time workers still rely on Medi Cal, it signals a gap between what is required on paper and what is affordable in reality. And without transparency, taxpayers cannot see their dollar where their dollars are going or why costs keep rising. SB 1284 does not assign blame.
- Lola Smallwood-Cuevas
Legislator
It provides transparency quite simply so policy makers and the public can understand what is driving costs. In my district, I hear from workers who are doing everything right and still falling behind. And they are barely able, as I mentioned, to cover basic necessities. Now, this will help explain what is it that they are paying for. This bill raises a fundamental question about fairness.
- Lola Smallwood-Cuevas
Legislator
At a time of budget strain and rising cost, it is fair. Is it fair? Let me ask the question again. Is it fair for taxpayers to subsidize corporate labor costs? SB 1284 responds with a simple solution, transparency and accountability.
- Lola Smallwood-Cuevas
Legislator
It requires the Department of Health Care Services to publish the names of large employers with workers enrolled in medical along with the estimated cost to tax payers. This is about giving Californians clear information and delivering long overdue accountability. Over 70% of voters in red and blue areas of our state support requiring large corporations to take responsibility for their workers' health care instead of shifting the cost to taxpayers. That is bipartisan. That's Democrats, Independents, and Republicans.
- Lola Smallwood-Cuevas
Legislator
Voters across the aisle see this for what it is, a matter of fairness and also potential relief for the taxpayer. SB 1284 is a measured step forward because without transparency, nothing changes. With me today to testify is Irene Green, president of the District Labor Council seven ninety representing SEIU one thousand and Devon Gray, president of the In Poverty in California
- Tony Strickland
Legislator
Organization. Thanks for being here. Two minutes each. Thank you.
- Irene Green
Person
Good morning, chair and members. Thank you so much. My name as, Senator Smallbaugh says is Irene Green, and I am the proud president of SEIU Local one thousand District Labor Council seven ninety. District Labor Council seven ninety along with several DLCs across the state lift up the voices of more than 96,000 state workers including the frontline DHCS employees who keep California's Medi Cal program running and serve millions of Californians daily.
- Irene Green
Person
As state employees, when individuals are seeking public support and services, we wanna make sure these programs are there for them.
- Irene Green
Person
And as taxpayers, state employees are like everyone else. We wanna make sure our dollars are going to support those in greatest need. This is why we deeply believe SB 1284 is needed now. For too long, working people have relied on medical for care for care. Excuse me.
- Irene Green
Person
Why? Because of poverty raises, because, private employers have not offered affordable comprehensive coverage, and because workers have been held to part time hours just out of reach of employer sponsored benefits. In 2025, the Trump administration and GOP led Congress was quick to create false narrative that our nation's Medi Cal program was caring for the lazy, the unworthy, the other. We know better. We know these are our neighbors, our friends, and our family.
- Irene Green
Person
But if the Trump administration and GOP led Congress are committed to linking work and Medicaid, we must now recognize that employers have long relied on public benefits to care for their workforce. Now, as our members at DHCS are saddled with the herculean task of implementing work requirements, we need to do a better job of understanding this interplay of work in Medi Cal. Which corporations are relying on Medi Cal to care for their workforce and which are not?
- Irene Green
Person
We need to look at the data at the employer level and understand the trends. With this information reported to the legislature, this body will be more effective in thinking through different policy solutions to hold employers and corporations accountable to address underlying policies, to make sure our tax dollars are getting spent where they are needed, and to the end of the day, make sure we have the right Medi Cal program designed to support it in the best way possible for those that need it.
- Devin Graham
Person
And good morning, madam chair and members. My name is Devin Graham, the president of End Poverty in California or EPIC for short. We're an advocacy and storytelling organization that was founded by the former mayor of Stockton, California, Michael Tubbs. And we're proud cosponsors of SB 1284. Last year, as we all know, the Federal Government signed HR 1 into law cutting nearly a trillion dollars for Medicaid over the next decade and stripping coverage from tens of millions of Americans.
- Devin Graham
Person
The justification being, of course, that Medicaid is surely full of people who just don't wanna work. I think those of us in this work know that that is a fiction. Nearly two thirds of non disabled, non elderly Medi Cal adults in California are already working. 83% of Medi Cal adults in California are in a working family. And Medi Cal is so commonly used among workers in the state that nearly one in five workers overall in California are enrolled in Medi Cal.
- Devin Graham
Person
Work requirements don't move people into jobs. They move to work they move to move working people off of their benefits. The real story is that California has the highest poverty rate in the nation, and some of our largest employers have simply decided that that is someone else's problem. So what happens is workers show up often full time and still can't afford the coverage that their employers won't provide.
- Devin Graham
Person
And because these employers pay their workers poverty wages, it's taxpayers that are left to fill the gap through Medi Cal every single year.
- Devin Graham
Person
We just don't track it by employer. We don't report to the legislature. We don't really name it at all. And so this bill changes that. It asks which large employers have the most workers, independents who are on Medi Cal, and what does that cost the state and taxpayers each year?
- Devin Graham
Person
The Federal Government wants to audit people in poverty. I think we should be auditing the system and employers that keep people in poverty. EPIC has spent the last four years traveling to 26 counties across the state, talking with Californians who are living in poverty today. And what we hear
- Devin Graham
Person
What we hear every day is that people are working, they're doing everything right, they can't get by, let alone get ahead. That's not a personal failure, that's accountability and systems issue. So respectfully, I ask for your aye vote. Thank you.
- Tony Strickland
Legislator
Thanks again for being here. Now, witnesses, our support for identification purposes.
- Sara Flocks
Person
Sara Flocks, California Federation of Labor Unions, proud to support and cosponsor. Thank you.
- Beth Malinowski
Person
Good morning. Beth Malnowski with SEIU California also cosponsors, proud support.
- Katie Dynes
Person
Katie Van Dynes with Health Access California in support. Thank you.
- Connor Gussman
Person
Good morning, chair and members. Connor Guston on behalf of Teamsters California in support.
- Tony Strickland
Legislator
Thank you for being here. Now, witnesses in opposition? Can we can we make room? Thank you. I appreciate you being here.
- Andrea Lynch
Person
Thank you. Good afternoon. I am Andrea Lynch on behalf of the California Chamber of Commerce in opposition to SB 1284. We appreciate that this bill is framed as a transparency measure, and a genuine transparency measure would take a holistic approach accounting for every factor tied to medical enrollment. The bill stated purpose is to, and I quote, ensure that public programs function as a safety net rather than a subsidy for employers.
- Andrea Lynch
Person
This same premise is deeply concerning because it assumes that any employer, including small businesses with workers on medical is offloading obligations onto taxpayers. Further, this premise is demonstrably false. Medi Cal Enrollment is driven by various factors, including workers who voluntarily choose Medi Cal over offered coverage, part time or seasonal workers ineligible for benefits under existing law, new hires still in waiting periods, and workers and households with family members enrolled for independent reasons.
- Andrea Lynch
Person
A full time worker at California's minimum wage earns nearly $35,000 a year above the Medi Cal threshold for a single adult, add a child or a part time schedule, and that same worker qualifies. That is not an employer's fault.
- Andrea Lynch
Person
That is how the program is designed to work. Placing an employer's name alongside a Medi Cal enrollment count without any of this context implies the employer is solely responsible for a problem built by market forces, state and federal policy, and individual worker decisions that no employer has a legal authority to override. Lastly, if transparency is truly the goal, this committee should consider why not a single public entity such as a state agency does not appear in this report while private employers are named and publicly ranked.
- Andrea Lynch
Person
Nearly one in five California workers relies on Medi Cal across all sectors, including the public sector, where million, where millions work part time or in lower wage classifications that qualify for Medi Cal by income threshold alone and by no fault of their employer. Anything less than equal accountability is an incomplete picture and an unequal standard. For these and other reasons, we oppose SB 1284. Thank you.
- Chris Micheli
Person
Mister chair, Chris Micheli on behalf of LA Chamber. We share, my colleagues, stated concerns about the measure and just wanted to highlight three additional ones. First of all, we have, privacy concerns about the, sharing of data amongst state entities and the ability to ensure, the confidentiality in that data sharing. The second item is we think that this bill will have a disproportionate impact on both small and medium sized businesses.
- Chris Micheli
Person
I understand in the last committee and being done here, a a an increase in the threshold from 50 to a 100.
- Chris Micheli
Person
Of course, under the US SBA definition of small business nationally is at 500 employees. There are so many significant ones that are even in the low one hundreds. And the last item in the set of amendments, we are adding a new labor code provision, which of course could be subject to enforcement through the Private Attorneys General Act, and we would prefer not to see additional potential for private enforcement of this legislation. Thank you.
- Tony Strickland
Legislator
Thank you. Other witnesses for identification purposes in opposition.
- Matty Hyatt
Person
Maddie Hyatt representing the Capital Business Alliance. We appreciate the author's amendments raising the threshold from 50 to a 100 employees, But, we're going to remain opposed as the bill still publicly identifies employers and may invite conclusions that Medi Cal Enrollment is caused solely by employer practices when many other factors can be involved, including dependence, household income, disability, temporary hardship, and workforce seasonality. Thank you
- C. Little
Person
No problem. Bryan Little, California Farm Bureau in respectful opposition for the reasons articulated by the opposition witnesses. Thank you.
- Tony Strickland
Legislator
Thank you. Okay. Now, it goes back to committee. Okay. The bill has been moved.
- Lola Smallwood-Cuevas
Legislator
I thank you very much, mister chair, and appreciate all of the the testimony today. I think this is a common sense baseline bill that simply says, let's make sure we have a fair system of transparency to under so that the taxpayers understand, you know, where their tax dollars are going and, who is benefiting from those tax dollars. Simple disclosure bill, and I respectfully ask for your aye vote.
- Tony Strickland
Legislator
So that bill is three to one remains on call. Thanks, madam chair. I would like to I'd like to move file item number one SB 921 by Grove.
- Lola Smallwood-Cuevas
Legislator
So we have a motion from Senator Strickland on file line number one. Let's call the roll.
- Lola Smallwood-Cuevas
Legislator
Okay. We have a vote of four to zero. That, bill is on call. Okay. Senate Committee on Labor, Public Employment and Retirement will recess for about ten minutes and then we will back for final votes.
- Lola Smallwood-Cuevas
Legislator
Senate Committee on Labor, Public Employment and Retirement convenes. We are ready to go to our last file item of the day, and that is File Item Number Seven: SB 1319. It will be co-presented by Senator Durazo and Senator Cortese, and you may begin when you're ready.
- Dave Cortese
Legislator
Okay. Thank you, Madam Chair and members. We are here to present SB 1319, as you just indicated. It's referred to as the Private Equity Sunshine Act and it's joint-authored, as you noted. So I'm here with Senator Durazo and I will make part of the presentation.
- Dave Cortese
Legislator
I'm going to turn it over to her for some closing-- not closing, but some opening comments, and she will be introducing the witnesses. California's 80 public interest funds manage over $1.4 trillion in retirement assets on behalf of public workers. Those workers deserve to know how their deferred compensation is being used. For publicly traded investments, they do, but as alternative investments have grown, CalPERS alone now holds $212 billion or 35% of its portfolio in alternatives.
- Dave Cortese
Legislator
A significant and growing share of worker retirement savings operates in a disclosure gap. That's what this bill is trying to address. SB 1319 closes that gap with targeted, practical transparency requirements. I really wanna emphasize this is a transparency bill. We'll certainly talk about concerns that would go beyond transparency, but it's a transparency bill.
- Dave Cortese
Legislator
The bill does not restructure pension governance. It does not override fiduciary authority. It does three things, basically. It requires a direct comparison of after-fee private equity returns against public market benchmarks and it establishes that that comparison has to be set up in advance of the investment. It requires disclosure of the company's control through these investments and requires disclosure of where those companies operate in the number and types of workers employed there.
- Dave Cortese
Legislator
So those three things are really what we're looking here-- looking for here in terms of what shows up in the transparency. Existing confidentiality protections for proprietary and trade secret information remain fully intact. The committee analysis raises three substantive objections and each deserves a direct response. And I wanna say that the committee analysis is thoughtful. There are real tensions to work through.
- Dave Cortese
Legislator
I think people would be surprised if it was otherwise on a bill like this. And we're open to amendments that address administrative burden concerns, particularly for smaller systems, but I do wanna say that, if for no other reason, clarification of what the intent of the bill is, and again, if we need to do something to further align, we're open to that.
- Dave Cortese
Legislator
But on investment access, the analysis seems to suggest, at least as I read it, that managers will simply exclude California funds rather than comply, and this concern deserves consideration, of course, and it's been brought up well before we got here to this committee, but CalPERS and CalSTRS, for example, are among the largest institutional investors on earth.
- Dave Cortese
Legislator
And so the notion that top-performing managers will walk away from that capital rather than provide pretty standardized reporting in the limited transparency that we're asking for, we think overstates their leverage and understates ours. And when I say ours, I mean at the public pension system. But again, we're interested in hearing more about that.
- Dave Cortese
Legislator
On fiduciary duty, the constitution grants pension boards plenary investment authority and this bill does not touch that. Disclosure requirements do not dictate investment decisions, and again, we want us to land and keep landing this bill strictly on transparency and disclosure. None of that-- none of that cuts into the discretion of a pension board by any legal definition or otherwise. They'll simply make their decisions with better information as well the public they serve.
- Dave Cortese
Legislator
I suppose one could actually argue this transparency will make it easier for them to exercise their fiduciary duty because they'll have the additional information before them, and were they ever to be challenged on fiduciary duty, they'd be able to point to the rigors that they went through, including looking at the transparent information that this bill would provide.
- Dave Cortese
Legislator
On the labor goals being impermissible, the committee analysis characterizes workforce transparency as an attempt or a potential attempt to conscript pension funds into labor policy. I'm not sure I totally understand that yet. Open to more information, but I would frame it differently. Workers contributing to a pension have a legitimate interest in knowing whether their retirement savings or financing companies that violate labor law.
- Dave Cortese
Legislator
And some of the crashes that we've seen where there's been a private equity investment around leverage-- and I would hold out a non-California example. The Caesars bankruptcy actually impacted not just workers in the entity itself, but an ecosystem of employment in an area well around it geographically, economically, and otherwise.
- Dave Cortese
Legislator
So I know in my own experience as a city council member some years ago serving for eight straight years on San Jose's Police and Fire Retirement Board--they are not a CalPERS entity--that labor seats were always provided as well as a retiree seat on that board, and it was integral to the decisions that were were made, I think, to the due diligence that was required and to some of the hands-on transparency that was requested at the time.
- Dave Cortese
Legislator
So we think we're squarely where we need to be in terms of the relationship to labor here and to our public pension funds' relationship to labor. More transparency can do nothing except help everyone see what's going on, see who the employers are hiring and what they're doing, and where there are bad actors, sure. We wanna see that in a transparent way as well.
- Dave Cortese
Legislator
The bill was modest, I think, despite all my talking here in the presentation. It requires standardized comparable transparency on how worker retirement savings are performing and where they're deployed. Public employees and retirees deserve no less, and I think, of course, we all agree on that. I'd like to turn it over to Senator Durazo. As I said, joint author on the bill, key to this bill moving forward, and she'll take it a little bit further and introduce our witnesses. Thank you.
- María Elena Durazo
Legislator
I am so proud to present this bill alongside Senator Cortese and our sponsors. First time I've ever done this, so it's the best bill to do that. Transparency is not a burden. It is a baseline.
- María Elena Durazo
Legislator
California's workers have earned nothing less. California's public pension funds hold the retirement security of millions of workers who spent their careers in service to our great state. These workers earn their pensions. They deserve to know that their money is being managed wisely, transparently, and in their best interest. An increasing share of this money is now flowing into private equity.
- María Elena Durazo
Legislator
Unlike publicly traded securities, these investments operate in the dark with limited standardized reporting, inconsistent disclosure, and no required comparison showing whether they outperform the public markets. This bill changes that. This bill brings basic accountability to a corner of our financial system that has long avoided it. It requires pension funds to show in plain terms how private equity investments stack up against public market benchmarks. This is also about power.
- María Elena Durazo
Legislator
Private equity firms make decisions about jobs, staffing, business operations, and workers are often the last to know who is really calling the shots, and this must be changed. So today, I'm proud to have with us here, if they would come forward, Justin Garcia, Senior Environmental Scientist, Vice President of UAW 1115 and a participant in CalPERS, Rocio Diaz, Unite Here Local 11 member at Sky Chefs at the Phoenix International Airport; Jordan Fein from Unite Here is available for questions. Courtney Alexander with United Food and Commercial Workers is also available for questions.
- Lola Smallwood-Cuevas
Legislator
Okay. So the technical witnesses-- technical, answer questions. Okay. And is there an interpreter here?
- Lola Smallwood-Cuevas
Legislator
Okay. Perfect. And is-- one other question. Is there someone that needs an ADA translation-- translator?
- Lola Smallwood-Cuevas
Legislator
Okay. Perfect. Just wanted to make sure. Please proceed. You have two minutes.
- Rocio Diaz
Person
Hello. My name is Rocio Diaz. I'm here today from Phoenix, Arizona, where I work for Sky Chefs, preparing meals for airlines at Phoenix Sky Harbor Airport. I'm a proud member of Unite Here Local 11. Late last year, I learned that Sky Chefs had lost a contract to GAT/Sky Cafe, a company owned by private equity firm, Sterling Group.
- Rocio Diaz
Person
My employer told me I was being laid off, but only temporarily. I was laid off on November 4th. It was a terrible time because I was stuck in the house, I had no money, and I was very anxious. During the holidays, I waited and waited.
- Rocio Diaz
Person
I heard from my friends at work that many were being called back, including people with less seniority. Meanwhile, I spent all my savings. I borrowed money from my sister. I tried to help my daughter because she's in school, but it was very hard. I consider myself lucky, though, because I have a union.
- Rocio Diaz
Person
When I went in on my own, Sky Chefs lied, saying they had called me for a job when they hadn't, and GAT/Sky Cafe wouldn't hire me either. Finally, on March 13th, after fighting, I went back to my job at Sky Chefs. I won back the pay, enough to pay back my sister.
- Rocio Diaz
Person
Many of my coworkers weren't so lucky and still haven't been called back to work by Sky Chefs or GAT/Sky Cafe. And all the workers at GAT/Sky Cafe, which is owned by private equity, don't have a union like the workers at Sky Chefs. It shouldn't have to be this hard. I support SB 1319 because we need to know more about private equity firms like Sterling Group and the workers they employ. Thank you for listening.
- Justin Garcia
Person
All right. Thank you. Thank you, Chair and committee. My name is Justin Garcia. I work for the Department of Fish and Wildlife as a senior environmental scientist and participant in CalPERS.
- Justin Garcia
Person
I serve as Vice President of CAPS UAW Local 1115, the Union of California State Scientists, and I'm here on behalf of my local UAW Region 6, which represents over 20-- about 20,000 workers in CalPERS and UC pension funds to express our strong support for SB 1319. As someone who spends a lot of time analyzing and collecting data, I think it is important to have strong disclosure from private equity firms about our retirement investments.
- Justin Garcia
Person
It is also important that we be able to compare the returns from private investment after fees to what our returns would have been in public indices to evaluate whether we are getting what we pay from private managers. I think it's fair to hold private investment to the same standard of common disclosures as a publicly traded company, like where they have operations and employees, because that is one source of potential risk on our returns.
- Justin Garcia
Person
It is important to know about potential issues with risky loans and private credit funds. No one thought that home mortgages would have high defaults until it was too late in 2008. California led the way on transparency in 2016 when we passed AB 2833, fee disclosure for private equity firms. Although some predicted that private equity firms would seek investment outside of California to avoid these disclosure requirements, what actually happened was CalPERS's alternative investment portfolio increased from 59 billion in 2016 before AB 2833 to 215 billion as of February of this year.
- Justin Garcia
Person
So at 20% of the total portfolio up to now 35% of the total portfolio. So private equity managers can't be the only ones who evaluate potential risks, given their interest in protecting their own fees. Disclosure is a way to keep everyone doing their best for us, so I and UAW supports SB 1319. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Do we have any support MeToo folks out there? Please step to the mic and state your name, affiliation, and position.
- Sara Flocks
Person
Madam Chair, member, Sara Flocks, California Federation of Labor Unions, in support.
- Omar Gallo
Person
Hello. My name is Omar Gallo, and I work at Mother's Market in Costa Mesa, which is owned by a private equity company, Mill Road Capital. We experience low pay, chronic understaffing, and erratic scheduling, and I believe public workers whose pensions are invested in private equity companies have a right to know where their money is invested. I'm in proud support of this bill. Thank you.
- Justin Reichard
Person
Hi. My name is Justin Reichard. I also work at the Mother's Market in Costa Mesa, and I'm in proud support of this bill. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Thank you. Okay, opposition witnesses, please come to the table. Thank you, support witnesses. You each have two minutes.
- Eric Stern
Person
Madam Chair, members of the committee, my name is Eric Stern. I'm the CEO of the Sacramento County Employees' Retirement System down the street. I'm here on behalf of our Statewide Association of County Retirement Systems known as SACRS. We represent 20 independent county retirement systems across the state from LA County up to Mendocino. Collectively, those county retirement systems invest more than $300 billion in pension assets on behalf of 800,000 public employees and retirees.
- Eric Stern
Person
While we support transparency, this bill goes too far. It requires disclosure of information that is often contractually protected and proprietary, putting retirement systems at risk of losing access to top-performing investment funds. The scope of the bill is very sweeping. Most of the investable universe is not in the stock market. It's in private assets and alternative assets.
- Eric Stern
Person
This bill reaches deeply into private markets in ways that could discourage investment in venture capital and start-up companies, sectors that are critical to innovation and economic growth in California. It most importantly interferes with our board's constitutional fiduciary duty to-- by introducing factors that may limit investment options and increase costs.
- Eric Stern
Person
Over the last 40 years, the voters of California, through various ballot initiatives--Prop 1 in 1984, Prop 162 in 1992--have continued to affirm our retirement board's authority and discretion to invest in the types of assets that are important to provide pension benefits to our members and retirees.
- Eric Stern
Person
A couple of things that are just unique about county retirement systems is we're varied in size, member demographics, investment portfolios, but the one thing we do have in common is that we only use external investment managers for our investments in large, diversified pooled strategies. That makes us limited partners with no ability to control or influence underlying company practices.
- Eric Stern
Person
This dynamic reinforces our board's fiduciary focus on returns, risk, and diversification, not on corporate management. You know, just hearing from the bill supporters that-- you know, for the sake of argument, it seems like what the issue is is there might be specific individual labor issues down at a company level or a site level when this bill would significantly--
- Eric Stern
Person
Yeah. This bill would significantly impact, you know, more than a trillion dollars in pension assets across the state, and I think this just isn't the solution to dealing with those, maybe, site-specific issues.
- Eric Lawyer
Person
Good morning, Chair and members. I'm Eric Lawyer, speaking on behalf of the California State Association of Counties. Today, we are in respectful opposition. However, we look forward to continuing conversations with the author's office, sponsors, and stakeholders to discuss the shape of the bill. We appreciate the thorough analysis by committee staff, which addresses most of our main concerns of this bill.
- Eric Lawyer
Person
We believe in transparency and accountable administration and governance of our California pension systems. We believe current law accomplishes that balance. However, we have significant concern this bill could restrict investment opportunities for public pension systems and expose them to legal liability. Counties currently employ well over 400,000 Californians and employed many more who are currently enjoying their well-earned retirement.
- Eric Lawyer
Person
Under this law, pension systems in California would be faced with the impossible choice: breach contracts at the risk of litigation, disinvest from existing agreements and violate their fiduciary duty, or violate a state law. California systems would be the only systems nationwide facing these restrictions, forcing them away from being an investor of choice and instead navigate a severely limited market.
- Eric Lawyer
Person
Lost investment revenue will directly impact the pocketbooks of public employees in California and raise costs for public agencies, counties, cities, schools, state agencies, and special districts. Further, with divestment, there is a lost opportunity for pension systems to engage through corporate governance. Instead, a new investor will fill the vacuum who may not have the values of California.
- Eric Lawyer
Person
It is not clear that bills like this will advance the goals of the sponsors. What is clear is that it could cause direct harm to our public workforce and public agencies. For these reasons, we are opposed to SB 1319. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you. Okay. Let's move to opposition MeToos. Folks who want to speak in opposition of this bill, please step to the mic. Seeing none, we'll move to members. Okay. Well, I wanna thank you both for bringing this bill forward. I think it's unfortunate that we have always this tension between fiduciary responsibility and making sure folks have a sustained retirement for all of our public sector workers while at the same time making sure that we can grow pensions by making sure we have unionized high-road standard and folks who are doing the right thing by unionized workers.
- Lola Smallwood-Cuevas
Legislator
I think it's-- this bill is about transparency and making sure that our public pension fund disclosures align with those values and that we have some way of understanding equitable and fair treatment of our workers and companies that are doing business with our pension fund.
- Lola Smallwood-Cuevas
Legislator
So I do have a question for the authors, and that question is--and I think it was mentioned by the opposition--if the bill passes, will it affect existing contracts or only new contracts going forward?
- Dave Cortese
Legislator
Our understanding of the way the bill was was put in print is this is on a going-forward basis, not retroactive. But let me-- if you don't mind, Madam Chair, can I call on Courtney Alexander who is our technical witness?
- Lola Smallwood-Cuevas
Legislator
Yes. Courtney, please step to the mic here. Right there.
- Courtney Alexander
Person
Hi. Courtney Alexander with United Food and Commercial Workers Union. It's our understanding it would be going forward as well, you know, if we need to do something to address that.
- Dave Cortese
Legislator
That needs to be clarified in print. You know, we're happy to work with the opposition on that, but I did pick up on the opposition's comments as well, talking about how this is going to disrupt existing relationships and agreements retroactively, and I don't believe that's the intent reflected in the bill. But we'll talk to them and we'll make sure to go back to work with the sponsors and figure out where that line needs to be exactly. Anytime you do something like this, obviously, there has to be a clear bright line as to where the pipeline starts and where it stops.
- Lola Smallwood-Cuevas
Legislator
No, I appreciate that, and we know moving forward, you know, part of our policy-making is to make things better in the future, and appreciate that conversation and you working with the opposition on that. I'm prepared to support the bill today. I just need a motion.
- Lola Smallwood-Cuevas
Legislator
Thank you, there. I have a motion from Senator Laird. Please close.
- Dave Cortese
Legislator
Thank you, again. Thank you to the committee. Again, I do wanna emphasize, irrespective of the clarifications I tried to make in my opening regarding some of the analysis where the analysis is thoughtful, we appreciate the work. I know the expertise of this committee staff. I've worked very closely with the committee in the past, going back my entire five plus years here, so thank you for the work on it. Thank you, Madam Chair, for your recommendation on the bill.
- Dave Cortese
Legislator
Before I stop, I do wanna say that both my public sector and private sector experience had the good fortune before I ever joined the San Jose City Council on a full-time basis. I referred to that in terms of my experience there on the Police and Fire Retirement Board when I was talking about the labor representation and the integration of labor into these pension processes, which goes back decades and decades and decades, if not to inception.
- Dave Cortese
Legislator
But I have never-- I do not recall ever in the eight years I served on that board with all the due diligence that we did, including using basic techniques like flying out to Midwest states to look at private investments, to look at actual assets, to visit with employees, to see what was going on because that's how we had to do it-- we didn't have these kind of tools. We had to actively go out and do that kind of work as board members.
- Dave Cortese
Legislator
We felt to do our due diligence on behalf of workers who were investing in the pension fund, who were vulnerable, and I don't remember anyone ever pulling out. I don't remember anyone ever saying we don't need your money. Nothing but cooperation. And as a private sector investor, I had the opportunity to build a multifamily in the San Jose area that was funded by pension funds who had to go through a layer of complete disclosure that was required by FHA HUD in order to gain the credit insurance needed on the transaction. The investors that I represented made no qualms about that whatsoever.
- Dave Cortese
Legislator
These are just ordinary-- how many people, how many people you need working on the site, what are your techniques gonna be, what are your expenditures generally gonna look like? Actually, far more information than we're requiring in this bill.
- Dave Cortese
Legislator
So my own experience-- and one of the reasons I was extremely happy to work with Senator Durazo on this bill over many, many years--I just covered a span of 30 years as quickly as I tried to do that--has led me to believe that this is not only needed, but it'll be well-accepted by the industry, and if until we see something more compelling about that, we'll keep moving forward. If we see something compelling that leads us to believe there'll be any kind of chilling effect on investment, then we'll try to make adjustments, amendments to the bill. And with that, Senator Durazo?
- María Elena Durazo
Legislator
Let let me just end by adding, you know, in all my decades of serving on either private sector or going to visit with members of pension boards, public sector pension boards, there is this bias that somehow giving more information is going to hurt the people that are represented by that pension fund. There's a bias that we don't know enough, so leave it up to certain people to make those decisions for us. And it's wrong.
- María Elena Durazo
Legislator
It's wrong. There's so much more that can be added to the discussion about what is favorable, how will this help make sure that the funds are there, and expand the funds, make sure that we get our return on our investment. All of that could be-- the bright light on that could actually work in support of the members who get their-- rely on their pensions for it, so, you know, I've dealt with this my whole life. There's no reason why we should continue with that kind of attitude towards the people who are in the pension plan. So I respectfully ask your aye vote. Thank you.
- Lola Smallwood-Cuevas
Legislator
Thank you, Senators. And we have a motion by Senator Laird. Assistant, please call the roll.
- Committee Secretary
Person
[Roll call]. My apologies. The motion is do pass to the Senate Committee on Appropriations.
- Lola Smallwood-Cuevas
Legislator
With a vote of four to zero, that bill is out. Thank you, everyone. That con-- oh, no. We have to call. No, we cannot. Senator Durazo has to move on her bill-- call the vote on her bills. Okay. Here we go. Okay. We are gonna start, then, with File Item Number One.
- Lola Smallwood-Cuevas
Legislator
Okay. We have a vote of four to one. That bill is out. That concludes our hearing today for Senate Labor, Public Employment and Retirement. This session is adjourned.