California 2021 2021-2022 Regular Session

California Assembly Bill AB2441 Introduced / Bill

Filed 02/17/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2441Introduced by Assembly Member KalraFebruary 17, 2022 An act to add Chapter 9.1 (commencing with Section 3125) to Division 4 of Title 1 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 2441, as introduced, Kalra. Public employment: local public transit agencies: new technologies.Existing law creates various transit districts and prescribes requirements applicable to their labor relations, including those that address the recognition and certification of exclusive employee representatives, unit determinations, and procedures for meeting and conferring on matter subject to collective bargaining.This bill would prescribe requirements for public transit employers in connection with the introduction of new technologies for public transit services that introduce new products, services, or type of operation, as specified, or that eliminate jobs or job functions of the workforce to which they apply. The bill would require a public transit employer to provide notice, as specified, to the applicable exclusive employee representative of its intention to begin any procurement process or a plan to acquire or deploy to new technologies for public transit services, as described above, not less than 12 months before commencing the process, plan, or deployment. The bill would also prescribe subjects in this regard that would be mandatory subjects of collective bargaining, including creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 9.1 (commencing with Section 3125) is added to Division 4 of Title 1 of the Government Code, to read: CHAPTER 9.1. Public Transit Employer Obligations3125. For the purposes of this chapter:(a) Plan to acquire or deploy includes any public notification on the subject of acquisition or deployment.(b) Procurement process means any of the following:(1) A request for information.(2) A request for proposal.(3) A request for quotation.(4) Any request similar to paragraphs (1) to (3), inclusive, that is intended to begin the process of acquiring new equipment or technology.(c) Public transit employer means any local government agency, including any city, county, special district, transit district, or joint powers authority that provides public transit services within the state.(d) Public transit services means the provision of passenger transportation services to the general public, including paratransit service. 3126. (a) A public transit employer shall notify the exclusive employee representative of its intention to begin any procurement process or plan to acquire or deploy in relation to new technologies for public transit services as described in subdivision (b) not less than 12 months before commencing the process, plan, or deployment.(b) The notification required by subdivision (a) shall apply to any new technology for public transit services that does either of the following:(1) Changes or introduces new products, services, or type of operation, including, but not limited to, automated vehicles, which effect the nature of work or require job training of the workforce to which they will apply. (2) Eliminates job functions or jobs of the workforce to which they will apply.(c) The notification required by subdivision (a) shall include the following information: (1) A comprehensive analysis of the effects of new products, services, or type of operation on workers, including workers who may not be adequately skilled in their use or may be fully displaced by them.(2) The potential gaps in skills that may result from the new service on the workers to which it will apply(3) The total amount budgeted for, and descriptions of, training and retraining programs for affected workers.3127. Following the notification provided under Section 3126, a public transit employer shall engage in collective bargaining with an affected exclusive employee representative on the following subjects:(a) Developing the new product or service.(b) Implementing the new product or service.(c) Creating a transition plan for affected workers.(d) Creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.3128. This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.3129. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2441Introduced by Assembly Member KalraFebruary 17, 2022 An act to add Chapter 9.1 (commencing with Section 3125) to Division 4 of Title 1 of the Government Code, relating to public employment.LEGISLATIVE COUNSEL'S DIGESTAB 2441, as introduced, Kalra. Public employment: local public transit agencies: new technologies.Existing law creates various transit districts and prescribes requirements applicable to their labor relations, including those that address the recognition and certification of exclusive employee representatives, unit determinations, and procedures for meeting and conferring on matter subject to collective bargaining.This bill would prescribe requirements for public transit employers in connection with the introduction of new technologies for public transit services that introduce new products, services, or type of operation, as specified, or that eliminate jobs or job functions of the workforce to which they apply. The bill would require a public transit employer to provide notice, as specified, to the applicable exclusive employee representative of its intention to begin any procurement process or a plan to acquire or deploy to new technologies for public transit services, as described above, not less than 12 months before commencing the process, plan, or deployment. The bill would also prescribe subjects in this regard that would be mandatory subjects of collective bargaining, including creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Assembly Bill 

No. 2441

Introduced by Assembly Member KalraFebruary 17, 2022

Introduced by Assembly Member Kalra
February 17, 2022

 An act to add Chapter 9.1 (commencing with Section 3125) to Division 4 of Title 1 of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2441, as introduced, Kalra. Public employment: local public transit agencies: new technologies.

Existing law creates various transit districts and prescribes requirements applicable to their labor relations, including those that address the recognition and certification of exclusive employee representatives, unit determinations, and procedures for meeting and conferring on matter subject to collective bargaining.This bill would prescribe requirements for public transit employers in connection with the introduction of new technologies for public transit services that introduce new products, services, or type of operation, as specified, or that eliminate jobs or job functions of the workforce to which they apply. The bill would require a public transit employer to provide notice, as specified, to the applicable exclusive employee representative of its intention to begin any procurement process or a plan to acquire or deploy to new technologies for public transit services, as described above, not less than 12 months before commencing the process, plan, or deployment. The bill would also prescribe subjects in this regard that would be mandatory subjects of collective bargaining, including creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.

Existing law creates various transit districts and prescribes requirements applicable to their labor relations, including those that address the recognition and certification of exclusive employee representatives, unit determinations, and procedures for meeting and conferring on matter subject to collective bargaining.

This bill would prescribe requirements for public transit employers in connection with the introduction of new technologies for public transit services that introduce new products, services, or type of operation, as specified, or that eliminate jobs or job functions of the workforce to which they apply. The bill would require a public transit employer to provide notice, as specified, to the applicable exclusive employee representative of its intention to begin any procurement process or a plan to acquire or deploy to new technologies for public transit services, as described above, not less than 12 months before commencing the process, plan, or deployment. The bill would also prescribe subjects in this regard that would be mandatory subjects of collective bargaining, including creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Chapter 9.1 (commencing with Section 3125) is added to Division 4 of Title 1 of the Government Code, to read: CHAPTER 9.1. Public Transit Employer Obligations3125. For the purposes of this chapter:(a) Plan to acquire or deploy includes any public notification on the subject of acquisition or deployment.(b) Procurement process means any of the following:(1) A request for information.(2) A request for proposal.(3) A request for quotation.(4) Any request similar to paragraphs (1) to (3), inclusive, that is intended to begin the process of acquiring new equipment or technology.(c) Public transit employer means any local government agency, including any city, county, special district, transit district, or joint powers authority that provides public transit services within the state.(d) Public transit services means the provision of passenger transportation services to the general public, including paratransit service. 3126. (a) A public transit employer shall notify the exclusive employee representative of its intention to begin any procurement process or plan to acquire or deploy in relation to new technologies for public transit services as described in subdivision (b) not less than 12 months before commencing the process, plan, or deployment.(b) The notification required by subdivision (a) shall apply to any new technology for public transit services that does either of the following:(1) Changes or introduces new products, services, or type of operation, including, but not limited to, automated vehicles, which effect the nature of work or require job training of the workforce to which they will apply. (2) Eliminates job functions or jobs of the workforce to which they will apply.(c) The notification required by subdivision (a) shall include the following information: (1) A comprehensive analysis of the effects of new products, services, or type of operation on workers, including workers who may not be adequately skilled in their use or may be fully displaced by them.(2) The potential gaps in skills that may result from the new service on the workers to which it will apply(3) The total amount budgeted for, and descriptions of, training and retraining programs for affected workers.3127. Following the notification provided under Section 3126, a public transit employer shall engage in collective bargaining with an affected exclusive employee representative on the following subjects:(a) Developing the new product or service.(b) Implementing the new product or service.(c) Creating a transition plan for affected workers.(d) Creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.3128. This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.3129. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Chapter 9.1 (commencing with Section 3125) is added to Division 4 of Title 1 of the Government Code, to read: CHAPTER 9.1. Public Transit Employer Obligations3125. For the purposes of this chapter:(a) Plan to acquire or deploy includes any public notification on the subject of acquisition or deployment.(b) Procurement process means any of the following:(1) A request for information.(2) A request for proposal.(3) A request for quotation.(4) Any request similar to paragraphs (1) to (3), inclusive, that is intended to begin the process of acquiring new equipment or technology.(c) Public transit employer means any local government agency, including any city, county, special district, transit district, or joint powers authority that provides public transit services within the state.(d) Public transit services means the provision of passenger transportation services to the general public, including paratransit service. 3126. (a) A public transit employer shall notify the exclusive employee representative of its intention to begin any procurement process or plan to acquire or deploy in relation to new technologies for public transit services as described in subdivision (b) not less than 12 months before commencing the process, plan, or deployment.(b) The notification required by subdivision (a) shall apply to any new technology for public transit services that does either of the following:(1) Changes or introduces new products, services, or type of operation, including, but not limited to, automated vehicles, which effect the nature of work or require job training of the workforce to which they will apply. (2) Eliminates job functions or jobs of the workforce to which they will apply.(c) The notification required by subdivision (a) shall include the following information: (1) A comprehensive analysis of the effects of new products, services, or type of operation on workers, including workers who may not be adequately skilled in their use or may be fully displaced by them.(2) The potential gaps in skills that may result from the new service on the workers to which it will apply(3) The total amount budgeted for, and descriptions of, training and retraining programs for affected workers.3127. Following the notification provided under Section 3126, a public transit employer shall engage in collective bargaining with an affected exclusive employee representative on the following subjects:(a) Developing the new product or service.(b) Implementing the new product or service.(c) Creating a transition plan for affected workers.(d) Creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.3128. This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.3129. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SECTION 1. Chapter 9.1 (commencing with Section 3125) is added to Division 4 of Title 1 of the Government Code, to read:

### SECTION 1.

 CHAPTER 9.1. Public Transit Employer Obligations3125. For the purposes of this chapter:(a) Plan to acquire or deploy includes any public notification on the subject of acquisition or deployment.(b) Procurement process means any of the following:(1) A request for information.(2) A request for proposal.(3) A request for quotation.(4) Any request similar to paragraphs (1) to (3), inclusive, that is intended to begin the process of acquiring new equipment or technology.(c) Public transit employer means any local government agency, including any city, county, special district, transit district, or joint powers authority that provides public transit services within the state.(d) Public transit services means the provision of passenger transportation services to the general public, including paratransit service. 3126. (a) A public transit employer shall notify the exclusive employee representative of its intention to begin any procurement process or plan to acquire or deploy in relation to new technologies for public transit services as described in subdivision (b) not less than 12 months before commencing the process, plan, or deployment.(b) The notification required by subdivision (a) shall apply to any new technology for public transit services that does either of the following:(1) Changes or introduces new products, services, or type of operation, including, but not limited to, automated vehicles, which effect the nature of work or require job training of the workforce to which they will apply. (2) Eliminates job functions or jobs of the workforce to which they will apply.(c) The notification required by subdivision (a) shall include the following information: (1) A comprehensive analysis of the effects of new products, services, or type of operation on workers, including workers who may not be adequately skilled in their use or may be fully displaced by them.(2) The potential gaps in skills that may result from the new service on the workers to which it will apply(3) The total amount budgeted for, and descriptions of, training and retraining programs for affected workers.3127. Following the notification provided under Section 3126, a public transit employer shall engage in collective bargaining with an affected exclusive employee representative on the following subjects:(a) Developing the new product or service.(b) Implementing the new product or service.(c) Creating a transition plan for affected workers.(d) Creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.3128. This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.3129. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

 CHAPTER 9.1. Public Transit Employer Obligations3125. For the purposes of this chapter:(a) Plan to acquire or deploy includes any public notification on the subject of acquisition or deployment.(b) Procurement process means any of the following:(1) A request for information.(2) A request for proposal.(3) A request for quotation.(4) Any request similar to paragraphs (1) to (3), inclusive, that is intended to begin the process of acquiring new equipment or technology.(c) Public transit employer means any local government agency, including any city, county, special district, transit district, or joint powers authority that provides public transit services within the state.(d) Public transit services means the provision of passenger transportation services to the general public, including paratransit service. 3126. (a) A public transit employer shall notify the exclusive employee representative of its intention to begin any procurement process or plan to acquire or deploy in relation to new technologies for public transit services as described in subdivision (b) not less than 12 months before commencing the process, plan, or deployment.(b) The notification required by subdivision (a) shall apply to any new technology for public transit services that does either of the following:(1) Changes or introduces new products, services, or type of operation, including, but not limited to, automated vehicles, which effect the nature of work or require job training of the workforce to which they will apply. (2) Eliminates job functions or jobs of the workforce to which they will apply.(c) The notification required by subdivision (a) shall include the following information: (1) A comprehensive analysis of the effects of new products, services, or type of operation on workers, including workers who may not be adequately skilled in their use or may be fully displaced by them.(2) The potential gaps in skills that may result from the new service on the workers to which it will apply(3) The total amount budgeted for, and descriptions of, training and retraining programs for affected workers.3127. Following the notification provided under Section 3126, a public transit employer shall engage in collective bargaining with an affected exclusive employee representative on the following subjects:(a) Developing the new product or service.(b) Implementing the new product or service.(c) Creating a transition plan for affected workers.(d) Creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.3128. This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.3129. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

 CHAPTER 9.1. Public Transit Employer Obligations

 CHAPTER 9.1. Public Transit Employer Obligations

3125. For the purposes of this chapter:(a) Plan to acquire or deploy includes any public notification on the subject of acquisition or deployment.(b) Procurement process means any of the following:(1) A request for information.(2) A request for proposal.(3) A request for quotation.(4) Any request similar to paragraphs (1) to (3), inclusive, that is intended to begin the process of acquiring new equipment or technology.(c) Public transit employer means any local government agency, including any city, county, special district, transit district, or joint powers authority that provides public transit services within the state.(d) Public transit services means the provision of passenger transportation services to the general public, including paratransit service. 



3125. For the purposes of this chapter:

(a) Plan to acquire or deploy includes any public notification on the subject of acquisition or deployment.

(b) Procurement process means any of the following:

(1) A request for information.

(2) A request for proposal.

(3) A request for quotation.

(4) Any request similar to paragraphs (1) to (3), inclusive, that is intended to begin the process of acquiring new equipment or technology.

(c) Public transit employer means any local government agency, including any city, county, special district, transit district, or joint powers authority that provides public transit services within the state.

(d) Public transit services means the provision of passenger transportation services to the general public, including paratransit service. 

3126. (a) A public transit employer shall notify the exclusive employee representative of its intention to begin any procurement process or plan to acquire or deploy in relation to new technologies for public transit services as described in subdivision (b) not less than 12 months before commencing the process, plan, or deployment.(b) The notification required by subdivision (a) shall apply to any new technology for public transit services that does either of the following:(1) Changes or introduces new products, services, or type of operation, including, but not limited to, automated vehicles, which effect the nature of work or require job training of the workforce to which they will apply. (2) Eliminates job functions or jobs of the workforce to which they will apply.(c) The notification required by subdivision (a) shall include the following information: (1) A comprehensive analysis of the effects of new products, services, or type of operation on workers, including workers who may not be adequately skilled in their use or may be fully displaced by them.(2) The potential gaps in skills that may result from the new service on the workers to which it will apply(3) The total amount budgeted for, and descriptions of, training and retraining programs for affected workers.



3126. (a) A public transit employer shall notify the exclusive employee representative of its intention to begin any procurement process or plan to acquire or deploy in relation to new technologies for public transit services as described in subdivision (b) not less than 12 months before commencing the process, plan, or deployment.

(b) The notification required by subdivision (a) shall apply to any new technology for public transit services that does either of the following:

(1) Changes or introduces new products, services, or type of operation, including, but not limited to, automated vehicles, which effect the nature of work or require job training of the workforce to which they will apply. 

(2) Eliminates job functions or jobs of the workforce to which they will apply.

(c) The notification required by subdivision (a) shall include the following information: 

(1) A comprehensive analysis of the effects of new products, services, or type of operation on workers, including workers who may not be adequately skilled in their use or may be fully displaced by them.

(2) The potential gaps in skills that may result from the new service on the workers to which it will apply

(3) The total amount budgeted for, and descriptions of, training and retraining programs for affected workers.

3127. Following the notification provided under Section 3126, a public transit employer shall engage in collective bargaining with an affected exclusive employee representative on the following subjects:(a) Developing the new product or service.(b) Implementing the new product or service.(c) Creating a transition plan for affected workers.(d) Creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.



3127. Following the notification provided under Section 3126, a public transit employer shall engage in collective bargaining with an affected exclusive employee representative on the following subjects:

(a) Developing the new product or service.

(b) Implementing the new product or service.

(c) Creating a transition plan for affected workers.

(d) Creating plans to train and prepare the affected workforce to fill new positions created by a new service or product.

3128. This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.



3128. This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.

3129. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.



3129. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.