The bill introduction period for the 2023 session of the California State legislature concluded on February 17th. Since that time, we have sifted through a record number of legislative proposals (2,632 bills) introduced this year to ensure we are actively involved with all that may affect WPCCA members.
We have selected the legislation listed below that we suggest the WPCCA take a position on. Other bills of interest that may affect the industry but are currently either spot bills or bills that are in a subject area that we track to watch for amendments will be monitored in a “watch” file. You will be made aware of these bills if it becomes necessary to establish a position and action.
A preliminary recommended position has been assigned to the enclosed bills (“Support,” “Oppose,” “Active” and “Neutral”). Measures that we are requesting additional committee input on are labeled “Pending.” A legislative key is below.
Legislative Key:
“Support” Position: Recommend WPCCA actively support the legislation.
“Oppose” Position: Recommend WPCCA actively oppose the legislation.
“Active” Position: Recommend WPCCA actively work on the legislation to produce amendments that would garner our support or neutrality on the legislation or protect against hostile amendments that would result in our opposition to the legislation.
“Neutral” Position: No action on the legislation.
“Pending” Position: Need additional input from WPCCA.
AUTHOR: Holden D
TITLE: Greenhouse gas emissions: building materials: embodied carbon trading system.
SUMMARY: Current law requires the State Air Resources Board, by July 1, 2023, to develop a comprehensive strategy for the state’s cement sector to achieve net-zero emissions of greenhouse gases associated with cement used within the state as soon as possible, but no later than December 31, 2045. Current law, effective January 1, 2023, requires the state board, by July 1, 2025, to develop, in consultation with specified stakeholders, a framework for measuring and then reducing the average carbon intensity of the materials used in the construction of new buildings, including those for residential uses. This bill would require the state board to establish an embodied carbon trading system, as defined, and would make it applicable to building materials providers, developers, architectural and engineering firms, and construction companies. The bill would require the state board to integrate the embodied carbon trading system into the framework on or before December 31, 2026, and to implement the system on and after January 1, 2029. The bill would require the state board to adopt rules and regulations for the credit allocation method, the anticipated carbon price in the scheme, and trading periods, and would make a violation of a rule, regulation, order, emission limitation, emissions reduction measure, or other measure adopted by the state board pursuant to these and other requirements of the bill an emission of an air contaminant for the purposes of the penalty provisions of the California Global Warming Solutions Act of 2006.
STATUS: Re-referred to Com. on NAT. RES.
POSITION: Oppose
AUTHOR: Cervantes D
TITLE: Contractors: workers’ compensation insurance.
SUMMARY: The Contractors State License Law establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of contractors. Current law generally requires an applicant for a contractor’s license or a licensee to have on file at all times a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance, except as specified. Current law requires an active licensee with an exemption for workers’ compensation insurance on file with the board, at the time of renewal, to either recertify the licensee’s exemption or provide a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance, as applicable, and prohibits renewal of a license unless a licensee satisfies those requirements. Current law makes a violation of these provisions a misdemeanor. This bill would require an active licensee who has on file a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance, or is required to provide those certificates, to certify on the license renewal form the workers’ compensation classification codes endorsed on the licensee’s policy, as specified, and would prohibit renewal without that certification.
STATUS: From committee chair, with author’s amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.
POSITION: Pending –> Active
AUTHOR: Wicks D
TITLE: Paid family leave.
SUMMARY: Current law establishes, within the above state disability insurance program, a family
temporary disability insurance program, also known as the paid family leave program, for the provision of wage replacement benefits for up to 8 weeks to workers who take time off work for prescribed purposes, including to care for a seriously ill family member. Current law defines terms for its purposes, including “family care leave” and “family member.” This bill would expand eligibility for benefits under the paid family leave program to include individuals who take time off work to care for a seriously ill individual related by blood or whose association with the employee is the equivalent of a family relationship. The bill would make conforming changes to the definitions of the terms “family care leave” and “family member.”
STATUS: Referred to Com. on INS.
POSITION: Active
AUTHOR: Bauer-Kahan D
TITLE: Occupational safety and health standards: restrooms.
SUMMARY: The Occupational Safety and Health Standards Board, an independent entity within the Department of Industrial Relations, has the exclusive authority to adopt occupational safety and health standards within the state. Current law, the California Occupational Safety and Health Act of 1973 (OSHA), requires employers to comply with certain safety and health standards, as specified, and charges the division with enforcement of the act. Current law requires the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising the heat illness standard and wildfire smoke standard. Current law also requires the standards board to review the proposed changes and consider adopting revised standards on or before December 31, 2025. This bill would also require the division, before December 1, 2025, to submit to the standards board a rulemaking proposal to consider revising a regulation on jobsite restrooms to require at least one women’s designated restroom for jobsites with 2 or more required water closets.
STATUS: Referred to Com. on L. & E.
POSITION: Active
AUTHOR: Wicks D
TITLE: Discrimination: family caregiver status.
SUMMARY: The California Fair Employment and Housing Act (FEHA), which is enforced by the Civil Rights Department, prohibits various forms of employment discrimination and recognizes the opportunity to seek, obtain, and hold employment without specified forms of discrimination as a civil right. The act also makes it an unlawful employment practice for an employer, among other things, to refuse to hire or employ a person because of various personal characteristics, conditions, or traits. This bill would prohibit employment discrimination on account of family caregiver status, as defined, and would recognize the opportunity to seek, obtain, and hold employment without discrimination because of family caregiver status as a civil right, as specified.
STATUS: From committee: Do pass and re-refer to Com. on L. & E. (Ayes 8. Noes 0.) (March 21). Re- referred to Com. on L. & E.
POSITION: Active
AUTHOR: Rivas, Robert D
TITLE: Public works: payroll records.
SUMMARY: Current law requires the Labor Commissioner to investigate allegations that a contractor or subcontractor violated the law regulating public works projects, including the payment of prevailing wages. Current law requires each contractor and subcontractor on a public works project to keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Current law requires any copy of records made available for inspection as copies and furnished upon request to the public or any public agency to be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number but specifies that any copy of records made available to a Taft-Hartley trust fund for the purposes of allocating contributions to participants be marked or obliterated only to prevent disclosure of an individual’s full social security number, as specified. Current law makes any contractor, subcontractor, agent, or representative who neglects to comply with the requirements to keep accurate payroll records guilty of a misdemeanor. This bill would require any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund or joint labor-management committee be provided on forms provided by the Division of Labor Standards Enforcement or contain the same information as those forms.
STATUS: From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 22). Re- referred to Com. on APPR.
POSITION: Neutral
AUTHOR: Low D
TITLE: Employment: workweek.
SUMMARY: Would establish the 32-hour Workweek Pilot Program under the administration of the Department of Industrial Relations to provide grants to employers with 5 or more employees for the purposes of administering pilot programs that provide each employee the option to work a 32-hour workweek. The bill would authorize an employer to apply for a grant from the department by submitting a specified application that includes, among other things, a 12-month plan for the implementation of a 32- hour workweek. The bill would require the department to award grants quarterly, beginning July 1, 2024, and to prioritize employers with hourly employees. The bill would require an employer, upon receipt of a grant, to implement the program within 90 days, and would require the employer, within the first 6 months, and upon the completion of the pilot program, to evaluate the impact of the pilot program on employer and employee satisfaction, as specified. The bill would require the department to submit a report to the Legislature on or before January 1, 2028, on the 32-hour Workweek Pilot Program, including findings and recommendations on expanding the pilot program on a statewide basis or for an extended period of time. The bill would make these provisions operative upon appropriation by the Legislature, and would repeal these provisions on January 1, 2029.
STATUS: Referred to Com. on L. & E. From committee chair, with author’s amendments: Amend, and re- refer to Com. on L. & E. Read second time and amended.
POSITION: Oppose
AUTHOR: Haney D
TITLE: Public works: ineligibility list.
SUMMARY: Current law generally requires a contractor or subcontractor to be registered with the Department of Industrial Relations to be qualified to bid on, be listed in a bid proposal, or engage in the performance of any public works contract. Current law requires a contractor or subcontractor to meet specific conditions to qualify for this registration. Current law requires the Department of Industrial Relations to maintain on its internet website a list of contractors that are currently registered to perform public work. This bill would require awarding authorities to submit to the Department of Industrial Relations’ electronic project registration database a list of ineligible contractors, as specified, pursuant to local debarment or suspension processes.
STATUS: From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 22). Re-referred to Com. on APPR.
POSITION: Support
AUTHOR: Holden D
TITLE: Contractors: contracts: restrictions.
SUMMARY: Current law authorizes the issuance of contractors’ licenses to individual owners, partnerships, corporations, and limited liability companies, and authorizes those persons and entities to qualify for a license by the appearance of specified individuals. Current law prohibits contractors from performing specified acts and a violation may constitute a cause for disciplinary action. This bill would prohibit a contractor from entering into a contract for the performance of work on the same jobsite with 2 or more subcontractors in the same license classification unless the subcontractor employs individuals who are classified to perform work in that license classification.
STATUS: Referred to Com. on B. & P.
POSITION: Active
AUTHOR: Ortega D
TITLE: Contractors: discipline: noncompliance with child support obligations.
SUMMARY: Would require the Contractors State License Board, by January 1, 2025, to adopt regulations to provide for withholding issuance or renewal of a license application if the qualifying individual, responsible managing officer, or responsible managing employee is not in compliance with a child support order or judgment, as provided. The bill would require the board’s regulations to provide for the suspension of licenses if the Department of Child Support Services provides the board with a list of delinquent child support obligors and the qualifying individual, responsible managing officer, or responsible managing employee for the license is not in compliance with a child support order.
STATUS: Referred to Com. on B. & P.
POSITION: Active
AUTHOR: Kalra D
TITLE: Universal health care coverage.
SUMMARY: Would state the intent of the Legislature to guarantee accessible, affordable, equitable, and high-quality health care for all Californians through a comprehensive universal single-payer health care program that benefits every resident of the state.
STATUS: From printer. May be heard in committee March 20.
POSITION: Oppose
AUTHOR: Durazo D
TITLE: University of California: vendors.
SUMMARY: Current provisions of the California Constitution provide that the University of California constitutes a public trust and require the university to be administered by the Regents of the University of California (regents), a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including any competitive bidding procedures as may be applicable to the university by statute for specified purposes, including the purchasing of materials, goods, and services. Current law requires the regents, except as provided, to let all contracts involving an expenditure of $100,000 or more annually for goods and materials or services, excepting personal or professional services, to the lowest responsible bidder meeting certain specifications, or to reject all bids. Current policy of the regents establishes a general prohibition on contracting out for services and functions that can be performed by university staff, with certain exceptions, establishes employment standards for contract employees, and provides for the conversion of contract employees to university employment under prescribed circumstances. This bill would make it unlawful for any vendor, as defined, to accept payment above a specified threshold from the university pursuant to a contract for prescribed services if the vendor is performing services or supplying the university with employees to perform services who are paid less than the higher of the total compensation rate specified in the vendor’s contract with the university or as required by university policy. The bill would require a vendor to provide those employees with prescribed written notice relating to compensation. The bill would require a vendor, twice yearly, to provide basic payroll information, as defined, to the university and members of any joint labor-management committee, as defined.
STATUS: Set for hearing March 28.
POSITION: Active
AUTHOR: Wiener D
TITLE: Civil procedure: arbitration.
SUMMARY: Current law authorizes a party to appeal, among other things, an order dismissing or denying a petition to compel arbitration. Current law generally stays proceedings in the trial court on the judgment or order appealed from when the appeal is perfected, subject to specified exceptions. This bill would additionally prohibit a trial court from staying proceedings during the pendency of an appeal of an order dismissing or denying a petition to compel arbitration.
STATUS: Set for hearing April 11.
POSITION: Oppose
AUTHOR: Alvarado-Gil D
TITLE: Employment: employer contributions: employee withholdings: COVID-19 regulatory compliance credit.
SUMMARY: Under current law, every employer who pays wages to a resident employee for services performed either within or without this state, or to a nonresident employee for services performed in this state, is required to deduct and withhold from those wages, except as provided, for each payroll, a tax computed in an amount substantially equivalent to the amount reasonably estimated to be due under the Personal Income Tax Law. Under current law, every employer required to withhold those taxes is required to, for each calendar quarter, file a withholding report, a quarterly return, and a report of wages in a form prescribed by the Employment Development Department, and pay over the taxes required to be withheld. This bill would authorize an employer to claim, for the 2023 and 2024 calendar years, a COVID-19 regulatory compliance credit in a specified amount. The bill would require the credit to be claimed on the employer’s last quarterly return, as described, for the relevant calendar year. The bill would require any amount claimed by an employer to be credited against employee personal income tax withholding amounts required to be remitted to the department for the last quarter of the relevant calendar year.
STATUS: Referred to Com. on L., P.E. & R.
POSITION: Support
AUTHOR: Laird D
TITLE: State agencies: building and renovation projects: LEED certification.
SUMMARY: Would require all new building and major renovation projects larger than 10,000 gross square feet undertaken by state agencies, and for which the project schematic design documents are initiated by the state agency on or after January 1, 2024, to obtain the Leadership in Energy and Environmental Design or “LEED” Gold or higher certification and to qualify for at least the minimum points achievable for rainwater management, as described. The bill would authorize certification to an alternative equivalent or higher rating system or standard, if any, only when approved by the Director of General Services.
STATUS: Set for hearing March 28.
POSITION: Pending –> Neutral
AUTHOR: Wiener D
TITLE: Land use: streamlined housing approvals: multifamily housing developments.
SUMMARY: Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026. This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development on property owned by or leased to the state. The bill would delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely. This bill contains other related provisions and other existing laws.
STATUS: From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 1.) (March 21). Re- referred to Com. on GOV. & F.
POSITION: Pending –> Active
AUTHOR: Cortese D
TITLE: Occupational safety: workplace violence: restraining orders and workplace violence prevention plan.
SUMMARY: Would require every employer, as defined, to also establish, implement, and maintain a workplace violence prevention plan as part of the injury prevention program, as described. The bill would require the employer to record information in a violent incident log about every incident, postincident response, and workplace violence injury investigation required to be performed as part of the workplace violence prevention plan, as described. The bill would require the employer to establish and implement a system to review, at least annually and in conjunction with employees and their collective bargaining representatives, if any, the effectiveness of the workplace violence prevention plan, as described. The bill would require the employer to provide effective training to employees that addresses the workplace violence risks that employees may reasonably anticipate to encounter in their jobs, as described. The bill would require records of workplace violence hazard identification, evaluation, and correction to be created and maintained in accordance with specified law, except as provided. The bill would provide that an employer shall not prohibit an employee from, and shall not take punitive or retaliatory action against an employee for, seeking assistance and intervention from local emergency services or law enforcement when a violent incident occurs.
STATUS: Set for hearing April 12.
POSITION: Pending –> Active
AUTHOR: Newman D
TITLE: Labor standards information and enforcement.
SUMMARY: Current law creates with the Department of Industrial Relations, and establishes within the department the Division of Labor Standards Enforcement (DLSE), which is headed by the Labor Commissioner. The DLSE is generally charged with enforcing employment statutes and regulations, either in administrative actions or through litigation. Current law imposes various administrative sanctions, civil fines and penalties, and criminal penalties for violations of employment statutes or regulations. This bill would prohibit the imposition of punishment or liability for costs upon a person who has relied upon a published opinion letter or an enforcement policy, as defined, of DLSE that is displayed on the internet website of the division, except for restitution of unpaid wages, for violations of statutes or regulations in judicial or administrative proceedings if the person pleads and proves specified facts. The bill would require a person asserting this defense to have acted in good faith, to have relied upon, and conformed to, the applicable opinion letter or enforcement policy, and to have provided true and correct information to the division, among other things.
STATUS: Set for hearing April 12.
POSITION: Support
AUTHOR: Gonzalez D
TITLE: Paid sick days: accrual and use.
SUMMARY: Current law requires the paid leave to be accrued at a rate of no less than one hour for every 30 hours worked, and to be available for use beginning on the 90th day of employment. Current law authorizes an employer to use a different accrual method as long as an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. Current law also provides that an employer may satisfy the accrual requirements by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment. This bill would modify the employer’s alternate sick leave accrual method to instead require that an employee have no less than 56 hours of accrued sick leave or paid time off by the 280th calendar day of employment or each calendar year, or in each 12-month period. The bill would modify that satisfaction provision to authorize an employer to satisfy accrual requirements by providing not less than 56 hours or 7 days of paid sick leave that is available to the employee to use by the completion of the employee’s 280th calendar day of employment.
STATUS: Referred to Com. on L., P.E. & R.
POSITION: Active
AUTHOR: Dodd D
TITLE: Contractors State License Board: regulation of contractors.
SUMMARY: The Contractors State License Law provides for the licensure and regulation of contractors by the Contractors State License Board in the Department of Consumer Affairs. That law requires an applicant, registrant, or licensee to provide certain information to the board. This bill would additionally require an applicant, registrant, or licensee that has a valid email address to provide the board with that email address at the time of application or renewal, as applicable.
STATUS: Set for hearing April 10.
POSITION: Neutral
AUTHOR: Bradford D
TITLE: Employment discrimination: cannabis use.
SUMMARY: Would make it unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis.
STATUS: From committee with author’s amendments. Read second time and amended. Re-referred to Com. on RLS.
POSITION: Active
AUTHOR: Niello R
TITLE: Employment: work hours: flexible work schedules.
SUMMARY: Would enact the California Workplace Flexibility Act of 2023. The bill would permit an individual nonexempt employee to request an employee-selected flexible work schedule providing for workdays up to 10 hours per day within a 40-hour workweek and would allow the employer to implement this schedule without the obligation to pay overtime compensation for those additional hours in a workday. The bill would prescribe a method for calculating the payment of overtime for hours worked in excess of the permitted amounts and would establish requirements for termination of these agreements. The bill would except from its provisions employees covered by collective bargaining and public employees, as specified. The bill would require the Division of Labor Standards Enforcement in the Department of Industrial Relations to enforce this provision and adopt regulations.
STATUS: Referred to Com. on L., P.E. & R.
POSITION: Oppose
AUTHOR: Caballero D
TITLE: Public contracts: progressive design-build: local agencies.
SUMMARY: Current law, until January 1, 2029, authorizes local agencies, defined as any city, county, city and county, or special district authorized by law to provide for the production, storage, supply, treatment, or distribution of any water from any source, to use the progressive design-build process for up to 15 public works projects in excess of $5,000,000 for each project, similar to the progressive design-build process authorized for use by the Director of General Services. Current law requires a local agency that uses the progressive design-build process to submit, no later than January 1, 2028, to the appropriate policy and fiscal committees of the Legislature a report on the use of the progressive design-build process containing specified information, including a description of the projects awarded using the progressive design-build process. Current law requires the design-build entity and its general partners or joint venture members to verify specified information under penalty of perjury. This bill would authorize all cities, counties, city and counties, or special districts to use the progressive design-build process for other projects in addition to water-related projects. The bill would change the required reporting date to no later than December 31, 2028.
STATUS: From committee with author’s amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
POSITION: Active
AUTHOR: Cortese D
TITLE: Hazardous materials management: stationary sources: skilled and trained workforce.
SUMMARY: Current law requires an owner or operator of a stationary source that is engaged in certain petroleum-related activities, and with one or more covered processes that require the preparation and submission of an risk management plan (RMP), when contracting for the performance of construction, alteration, demolition, installation, repair, or maintenance work at the stationary source to require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. Current law defines “skilled and trained workforce” to include, among other criteria, skilled journeypersons who are paid at least a rate equivalent to the applicable prevailing hourly wage rate. This bill would extend that workforce requirement to contracts awarded, extended, or renewed on or after January 1, 2024, by an owner or operator of a stationary source that is engaged in manufacturing hydrogen, biofuels, lithium batteries, or certain specified chemicals, in mining or beneficiating lithium, or in capturing, sequestering, or using carbon dioxide in specified conditions.
STATUS: March 29 set for first hearing canceled at the request of author.
POSITION: Support
AUTHOR: Smallwood-Cuevas D
TITLE: Apprenticeship and preapprenticeship: deregistration.
SUMMARY: Current law establishes within the Department of Industrial Relations the Division of Apprenticeship Standards to administer and enforce laws relating to apprenticeships. Current law requires the division to evaluate apprenticeship and preapprenticeship programs to ensure, among other things, the program evaluated is complying with apprenticeship standards. Current law authorizes the division to initiate a deregistration process to withdraw state approval of a program in specified circumstances and prescribes procedures for deregistration proceedings. This bill would require the division to post quarterly on its internet website a list of programs that are deregistered.
STATUS: Referred to Com. on L., P.E. & R.
POSITION: Support –> Active
AUTHOR: Alvarado-Gil D
TITLE: Paid sick days: accrual and use.
SUMMARY: Current law, with certain exceptions, entitles an employee to paid sick days for certain purposes if the employee works in California for the same employer for 30 or more days within a year from the commencement of employment. Current law requires the leave to be accrued at a rate of no less than one hour for every 30 hours worked, and to be available for use beginning on the 90th day of employment. Current law authorizes an employer to use a different accrual method as long as an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. Current law also provides that an employer may satisfy the accrual requirements by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment. Under current law, an employer has no obligation under these provisions to allow an employee’s total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee’s rights to accrue and use paid sick leave are not otherwise limited, as specified. Under current law, sick leave carries over to the following year of employment, but an employer is permitted to limit the use of the carryover amount, in each year of employment, calendar year, or 12-month period, to 24 hours or 3 days. This bill would modify the employer’s alternate sick leave accrual method to require that an employee have no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period.
STATUS: From committee with author’s amendments. Read second time and amended. Re-referred to Com. on RLS.
POSITION: Active
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This content was provided by WPCCA professional counsel and is for general informational purposes only. Readers should contact their own professional counsel for company specific matters in the relevant jurisdiction.