Amended IN Assembly August 15, 2022 Amended IN Assembly June 30, 2021 Amended IN Senate March 03, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 410Introduced by Senator LeyvaFebruary 12, 2021An act to amend Section 142.4 of the Labor Code, relating to occupational safety and health. An act to add Section 89521 to the Education Code, relating to public postsecondary education.LEGISLATIVE COUNSEL'S DIGESTSB 410, as amended, Leyva. Occupational safety and health: regulations. Public postsecondary education: California State University: nonfaculty staff employees: merit salary system.Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University system comprises 23 institutions of higher education. Existing law requires the trustees to provide by rule for the government of their appointees and employees, as specified.This bill would require the California State University to implement a merit 9-step salary system for all California State University nonfaculty staff employees that runs for 15 years, as provided.Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations. Existing law authorizes the standards board to adopt, amend, or repeal occupational safety and health standards and orders, as defined, and requires the adoption of standards at least as effective as the federal standards for all issues for which federal standards have been promulgated under provisions of the federal Occupational Safety and Health Act of 1970. Existing law generally requires the adoption, amendment, or repeal of standards and orders by the standards board to comply with the rulemaking provisions of the Administrative Procedure Act (APA), but exempts from provisions of the APA relating to public participation and review of proposed regulations a standard or amendment to any standard adopted by the standards board that is substantially the same as a federal standard, including existing APA requirements, for a proposed nonmajor regulation, to prepare a prescribed economic impact assessment and, for a proposed major regulation, to prepare a standardized regulatory impact analysis in a manner prescribed by the Department of Finance.This bill would exempt any occupational safety and health standard and order from the standardized regulatory impact analysis requirement. The bill would also require an economic impact assessment to be prepared for the adoption, amendment, or repeal of any occupational safety and health standard and order, including for any such standard and order that is a major regulation proposed after January 1, 2022.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The California State University is comprised of 23 campuses and the office of the Chancellor of the California State University.(b) The California State University educates more than 480,000 students each year.(c) California State University faculty and nonfaculty staff employees are key to the success of the California State University and its mission to provide world-class educational opportunities and serve as Californias engine of opportunity.(d) There are nearly 30,000 California State University nonfaculty staff employees across 13 bargaining units.(e) In 2021, the Legislature passed and the Governor signed Senate Bill 129 (Chapter 69 of the Statutes of 2021) and Senate Bill 170 (Chapter 240 of the Statutes of 2021), which appropriated $2,000,000 to the California State University to evaluate the salary structure of nonfaculty staff employees. The comprehensive review would evaluate the existing salary structure, examine issues of salary inversion and compression, and provide recommendations, if applicable, for alternative salary models for California State University nonfaculty staff employees.(f) The Chancellor of the California State University, in coordination with the California State University Employees Union, Service Employees International Union Local 2579, and Teamsters Local 2010, selected Mercer as the independent consultant to assess and complete a review of the California State Universitys wage structure for nonfaculty staff employees.(g) In April 2022, Mercer completed their research and found all of the following:(1) Mercer identified significant wage compression, meaning that new hire salaries are often extremely close to salaries of senior nonfaculty staff employees.(2) Mercer determined that, on average, California State University nonfaculty staff employees salaries are 12 percent behind the market average. The market assessment looked at regional public and private employers for similar occupations and higher education institutions in and out of the state.(3) Mercer found that over 80 percent of employees and their managers favored a return to a predictable, equitable step system and had a low degree of confidence in the Open Range system.(h) To address these wage issues, Mercer recommended implementing a nine-step salary system that will help support wage growth and a living wage for California State University nonfaculty staff employees. The proposed system includes five annual steps that an employee progresses through with satisfactory completion of job duties, three additional steps assessed every two years, and a final step after three years.(i) After the release of the salary study by Mercer, the California State University Employees Union completed an assessment that found that the merit salary steps would significantly reduce pay equity concerns at the California State University for women and workers of color.SEC. 2. Section 89521 is added to the Education Code, to read:89521. Notwithstanding any other law:(a) The California State University shall implement a merit nine-step salary system for all represented California State University nonfaculty staff employees that runs for 15 years. The nine-step system shall be as follows:(1) After completion of the first year in a position, and after completion of each subsequent year for a total of five years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(2) After completion of year seven, and each subsequent two years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(3) After completion of year 15, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(b) Under the merit nine-step salary system established pursuant to this section, each represented California State University nonfaculty staff employee shall be placed in the step based on their existing years of employment as a represented California State University nonfaculty staff employee.(c) Language that effectuates this section shall automatically be incorporated into any pertinent memorandum of understanding or collective bargaining agreement entered into, or renewed, by the California State University on or after January 1, 2023.(d) Any costs associated with the implementation of this section that are incurred by the California State University shall be paid for using existing resources of the California State University.(e) It is the intent of the Legislature that each represented California State University nonfaculty staff employee reach market median for that campus by year five in the merit nine-step salary system.(f) It is the intent of the Legislature that the California State University take action to implement the salary step system consistent with the findings of the salary study authorized and completed for represented California State University nonfaculty staff employees that was developed pursuant to subprovision (k) of Provision 2.5 of Schedule (1) of Item 6610-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 69 and 240 of the Statutes of 2021).(g) It is the intent of the Legislature that the California State University work with the authorized employee representatives of each bargaining unit to implement this section.SECTION 1.Section 142.4 of the Labor Code is amended to read:142.4.(a)(1)Occupational safety and health standards and orders shall be adopted, amended, or repealed as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as modified by this chapter.(2)(A)Notwithstanding paragraph (1), an occupational safety and health standard and order shall be exempt from subdivision (c) of Section 11346.3 of the Government Code.(B)Notwithstanding any other law, an economic impact assessment pursuant to subdivision (b) of Section 11346.3 of the Government Code shall be prepared for the adoption, amendment, or repeal of any occupational safety and health standard and order under this section, regardless of whether the occupational safety and health standard and order is a major regulation or is not a major regulation, including for any occupational safety and health standard and order that is a major regulation proposed after January 1, 2022.(b)If an emergency regulation is based upon an emergency temporary standard published in the Federal Register by the Secretary of Labor pursuant to Section 6(c)(1) of the federal Occupational Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)(1)), the 120-day period specified in Section 11346.1 of the Government Code shall be deemed not to expire until 120 days after a permanent standard is promulgated by the Secretary of Labor pursuant to Section 6(c)(3) of the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 655(c)(3)). Amended IN Assembly August 15, 2022 Amended IN Assembly June 30, 2021 Amended IN Senate March 03, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 410Introduced by Senator LeyvaFebruary 12, 2021An act to amend Section 142.4 of the Labor Code, relating to occupational safety and health. An act to add Section 89521 to the Education Code, relating to public postsecondary education.LEGISLATIVE COUNSEL'S DIGESTSB 410, as amended, Leyva. Occupational safety and health: regulations. Public postsecondary education: California State University: nonfaculty staff employees: merit salary system.Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University system comprises 23 institutions of higher education. Existing law requires the trustees to provide by rule for the government of their appointees and employees, as specified.This bill would require the California State University to implement a merit 9-step salary system for all California State University nonfaculty staff employees that runs for 15 years, as provided.Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations. Existing law authorizes the standards board to adopt, amend, or repeal occupational safety and health standards and orders, as defined, and requires the adoption of standards at least as effective as the federal standards for all issues for which federal standards have been promulgated under provisions of the federal Occupational Safety and Health Act of 1970. Existing law generally requires the adoption, amendment, or repeal of standards and orders by the standards board to comply with the rulemaking provisions of the Administrative Procedure Act (APA), but exempts from provisions of the APA relating to public participation and review of proposed regulations a standard or amendment to any standard adopted by the standards board that is substantially the same as a federal standard, including existing APA requirements, for a proposed nonmajor regulation, to prepare a prescribed economic impact assessment and, for a proposed major regulation, to prepare a standardized regulatory impact analysis in a manner prescribed by the Department of Finance.This bill would exempt any occupational safety and health standard and order from the standardized regulatory impact analysis requirement. The bill would also require an economic impact assessment to be prepared for the adoption, amendment, or repeal of any occupational safety and health standard and order, including for any such standard and order that is a major regulation proposed after January 1, 2022.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Amended IN Assembly August 15, 2022 Amended IN Assembly June 30, 2021 Amended IN Senate March 03, 2021 Amended IN Assembly August 15, 2022 Amended IN Assembly June 30, 2021 Amended IN Senate March 03, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 410 Introduced by Senator LeyvaFebruary 12, 2021 Introduced by Senator Leyva February 12, 2021 An act to amend Section 142.4 of the Labor Code, relating to occupational safety and health. An act to add Section 89521 to the Education Code, relating to public postsecondary education. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST SB 410, as amended, Leyva. Occupational safety and health: regulations. Public postsecondary education: California State University: nonfaculty staff employees: merit salary system. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University system comprises 23 institutions of higher education. Existing law requires the trustees to provide by rule for the government of their appointees and employees, as specified.This bill would require the California State University to implement a merit 9-step salary system for all California State University nonfaculty staff employees that runs for 15 years, as provided.Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations. Existing law authorizes the standards board to adopt, amend, or repeal occupational safety and health standards and orders, as defined, and requires the adoption of standards at least as effective as the federal standards for all issues for which federal standards have been promulgated under provisions of the federal Occupational Safety and Health Act of 1970. Existing law generally requires the adoption, amendment, or repeal of standards and orders by the standards board to comply with the rulemaking provisions of the Administrative Procedure Act (APA), but exempts from provisions of the APA relating to public participation and review of proposed regulations a standard or amendment to any standard adopted by the standards board that is substantially the same as a federal standard, including existing APA requirements, for a proposed nonmajor regulation, to prepare a prescribed economic impact assessment and, for a proposed major regulation, to prepare a standardized regulatory impact analysis in a manner prescribed by the Department of Finance.This bill would exempt any occupational safety and health standard and order from the standardized regulatory impact analysis requirement. The bill would also require an economic impact assessment to be prepared for the adoption, amendment, or repeal of any occupational safety and health standard and order, including for any such standard and order that is a major regulation proposed after January 1, 2022. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University system comprises 23 institutions of higher education. Existing law requires the trustees to provide by rule for the government of their appointees and employees, as specified. This bill would require the California State University to implement a merit 9-step salary system for all California State University nonfaculty staff employees that runs for 15 years, as provided. Existing law establishes the Occupational Safety and Health Standards Board within the Department of Industrial Relations. Existing law authorizes the standards board to adopt, amend, or repeal occupational safety and health standards and orders, as defined, and requires the adoption of standards at least as effective as the federal standards for all issues for which federal standards have been promulgated under provisions of the federal Occupational Safety and Health Act of 1970. Existing law generally requires the adoption, amendment, or repeal of standards and orders by the standards board to comply with the rulemaking provisions of the Administrative Procedure Act (APA), but exempts from provisions of the APA relating to public participation and review of proposed regulations a standard or amendment to any standard adopted by the standards board that is substantially the same as a federal standard, including existing APA requirements, for a proposed nonmajor regulation, to prepare a prescribed economic impact assessment and, for a proposed major regulation, to prepare a standardized regulatory impact analysis in a manner prescribed by the Department of Finance. This bill would exempt any occupational safety and health standard and order from the standardized regulatory impact analysis requirement. The bill would also require an economic impact assessment to be prepared for the adoption, amendment, or repeal of any occupational safety and health standard and order, including for any such standard and order that is a major regulation proposed after January 1, 2022. ## Digest Key ## Bill Text The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The California State University is comprised of 23 campuses and the office of the Chancellor of the California State University.(b) The California State University educates more than 480,000 students each year.(c) California State University faculty and nonfaculty staff employees are key to the success of the California State University and its mission to provide world-class educational opportunities and serve as Californias engine of opportunity.(d) There are nearly 30,000 California State University nonfaculty staff employees across 13 bargaining units.(e) In 2021, the Legislature passed and the Governor signed Senate Bill 129 (Chapter 69 of the Statutes of 2021) and Senate Bill 170 (Chapter 240 of the Statutes of 2021), which appropriated $2,000,000 to the California State University to evaluate the salary structure of nonfaculty staff employees. The comprehensive review would evaluate the existing salary structure, examine issues of salary inversion and compression, and provide recommendations, if applicable, for alternative salary models for California State University nonfaculty staff employees.(f) The Chancellor of the California State University, in coordination with the California State University Employees Union, Service Employees International Union Local 2579, and Teamsters Local 2010, selected Mercer as the independent consultant to assess and complete a review of the California State Universitys wage structure for nonfaculty staff employees.(g) In April 2022, Mercer completed their research and found all of the following:(1) Mercer identified significant wage compression, meaning that new hire salaries are often extremely close to salaries of senior nonfaculty staff employees.(2) Mercer determined that, on average, California State University nonfaculty staff employees salaries are 12 percent behind the market average. The market assessment looked at regional public and private employers for similar occupations and higher education institutions in and out of the state.(3) Mercer found that over 80 percent of employees and their managers favored a return to a predictable, equitable step system and had a low degree of confidence in the Open Range system.(h) To address these wage issues, Mercer recommended implementing a nine-step salary system that will help support wage growth and a living wage for California State University nonfaculty staff employees. The proposed system includes five annual steps that an employee progresses through with satisfactory completion of job duties, three additional steps assessed every two years, and a final step after three years.(i) After the release of the salary study by Mercer, the California State University Employees Union completed an assessment that found that the merit salary steps would significantly reduce pay equity concerns at the California State University for women and workers of color.SEC. 2. Section 89521 is added to the Education Code, to read:89521. Notwithstanding any other law:(a) The California State University shall implement a merit nine-step salary system for all represented California State University nonfaculty staff employees that runs for 15 years. The nine-step system shall be as follows:(1) After completion of the first year in a position, and after completion of each subsequent year for a total of five years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(2) After completion of year seven, and each subsequent two years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(3) After completion of year 15, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(b) Under the merit nine-step salary system established pursuant to this section, each represented California State University nonfaculty staff employee shall be placed in the step based on their existing years of employment as a represented California State University nonfaculty staff employee.(c) Language that effectuates this section shall automatically be incorporated into any pertinent memorandum of understanding or collective bargaining agreement entered into, or renewed, by the California State University on or after January 1, 2023.(d) Any costs associated with the implementation of this section that are incurred by the California State University shall be paid for using existing resources of the California State University.(e) It is the intent of the Legislature that each represented California State University nonfaculty staff employee reach market median for that campus by year five in the merit nine-step salary system.(f) It is the intent of the Legislature that the California State University take action to implement the salary step system consistent with the findings of the salary study authorized and completed for represented California State University nonfaculty staff employees that was developed pursuant to subprovision (k) of Provision 2.5 of Schedule (1) of Item 6610-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 69 and 240 of the Statutes of 2021).(g) It is the intent of the Legislature that the California State University work with the authorized employee representatives of each bargaining unit to implement this section.SECTION 1.Section 142.4 of the Labor Code is amended to read:142.4.(a)(1)Occupational safety and health standards and orders shall be adopted, amended, or repealed as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as modified by this chapter.(2)(A)Notwithstanding paragraph (1), an occupational safety and health standard and order shall be exempt from subdivision (c) of Section 11346.3 of the Government Code.(B)Notwithstanding any other law, an economic impact assessment pursuant to subdivision (b) of Section 11346.3 of the Government Code shall be prepared for the adoption, amendment, or repeal of any occupational safety and health standard and order under this section, regardless of whether the occupational safety and health standard and order is a major regulation or is not a major regulation, including for any occupational safety and health standard and order that is a major regulation proposed after January 1, 2022.(b)If an emergency regulation is based upon an emergency temporary standard published in the Federal Register by the Secretary of Labor pursuant to Section 6(c)(1) of the federal Occupational Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)(1)), the 120-day period specified in Section 11346.1 of the Government Code shall be deemed not to expire until 120 days after a permanent standard is promulgated by the Secretary of Labor pursuant to Section 6(c)(3) of the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 655(c)(3)). The people of the State of California do enact as follows: ## The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following:(a) The California State University is comprised of 23 campuses and the office of the Chancellor of the California State University.(b) The California State University educates more than 480,000 students each year.(c) California State University faculty and nonfaculty staff employees are key to the success of the California State University and its mission to provide world-class educational opportunities and serve as Californias engine of opportunity.(d) There are nearly 30,000 California State University nonfaculty staff employees across 13 bargaining units.(e) In 2021, the Legislature passed and the Governor signed Senate Bill 129 (Chapter 69 of the Statutes of 2021) and Senate Bill 170 (Chapter 240 of the Statutes of 2021), which appropriated $2,000,000 to the California State University to evaluate the salary structure of nonfaculty staff employees. The comprehensive review would evaluate the existing salary structure, examine issues of salary inversion and compression, and provide recommendations, if applicable, for alternative salary models for California State University nonfaculty staff employees.(f) The Chancellor of the California State University, in coordination with the California State University Employees Union, Service Employees International Union Local 2579, and Teamsters Local 2010, selected Mercer as the independent consultant to assess and complete a review of the California State Universitys wage structure for nonfaculty staff employees.(g) In April 2022, Mercer completed their research and found all of the following:(1) Mercer identified significant wage compression, meaning that new hire salaries are often extremely close to salaries of senior nonfaculty staff employees.(2) Mercer determined that, on average, California State University nonfaculty staff employees salaries are 12 percent behind the market average. The market assessment looked at regional public and private employers for similar occupations and higher education institutions in and out of the state.(3) Mercer found that over 80 percent of employees and their managers favored a return to a predictable, equitable step system and had a low degree of confidence in the Open Range system.(h) To address these wage issues, Mercer recommended implementing a nine-step salary system that will help support wage growth and a living wage for California State University nonfaculty staff employees. The proposed system includes five annual steps that an employee progresses through with satisfactory completion of job duties, three additional steps assessed every two years, and a final step after three years.(i) After the release of the salary study by Mercer, the California State University Employees Union completed an assessment that found that the merit salary steps would significantly reduce pay equity concerns at the California State University for women and workers of color. SECTION 1. The Legislature finds and declares all of the following:(a) The California State University is comprised of 23 campuses and the office of the Chancellor of the California State University.(b) The California State University educates more than 480,000 students each year.(c) California State University faculty and nonfaculty staff employees are key to the success of the California State University and its mission to provide world-class educational opportunities and serve as Californias engine of opportunity.(d) There are nearly 30,000 California State University nonfaculty staff employees across 13 bargaining units.(e) In 2021, the Legislature passed and the Governor signed Senate Bill 129 (Chapter 69 of the Statutes of 2021) and Senate Bill 170 (Chapter 240 of the Statutes of 2021), which appropriated $2,000,000 to the California State University to evaluate the salary structure of nonfaculty staff employees. The comprehensive review would evaluate the existing salary structure, examine issues of salary inversion and compression, and provide recommendations, if applicable, for alternative salary models for California State University nonfaculty staff employees.(f) The Chancellor of the California State University, in coordination with the California State University Employees Union, Service Employees International Union Local 2579, and Teamsters Local 2010, selected Mercer as the independent consultant to assess and complete a review of the California State Universitys wage structure for nonfaculty staff employees.(g) In April 2022, Mercer completed their research and found all of the following:(1) Mercer identified significant wage compression, meaning that new hire salaries are often extremely close to salaries of senior nonfaculty staff employees.(2) Mercer determined that, on average, California State University nonfaculty staff employees salaries are 12 percent behind the market average. The market assessment looked at regional public and private employers for similar occupations and higher education institutions in and out of the state.(3) Mercer found that over 80 percent of employees and their managers favored a return to a predictable, equitable step system and had a low degree of confidence in the Open Range system.(h) To address these wage issues, Mercer recommended implementing a nine-step salary system that will help support wage growth and a living wage for California State University nonfaculty staff employees. The proposed system includes five annual steps that an employee progresses through with satisfactory completion of job duties, three additional steps assessed every two years, and a final step after three years.(i) After the release of the salary study by Mercer, the California State University Employees Union completed an assessment that found that the merit salary steps would significantly reduce pay equity concerns at the California State University for women and workers of color. SECTION 1. The Legislature finds and declares all of the following: ### SECTION 1. (a) The California State University is comprised of 23 campuses and the office of the Chancellor of the California State University. (b) The California State University educates more than 480,000 students each year. (c) California State University faculty and nonfaculty staff employees are key to the success of the California State University and its mission to provide world-class educational opportunities and serve as Californias engine of opportunity. (d) There are nearly 30,000 California State University nonfaculty staff employees across 13 bargaining units. (e) In 2021, the Legislature passed and the Governor signed Senate Bill 129 (Chapter 69 of the Statutes of 2021) and Senate Bill 170 (Chapter 240 of the Statutes of 2021), which appropriated $2,000,000 to the California State University to evaluate the salary structure of nonfaculty staff employees. The comprehensive review would evaluate the existing salary structure, examine issues of salary inversion and compression, and provide recommendations, if applicable, for alternative salary models for California State University nonfaculty staff employees. (f) The Chancellor of the California State University, in coordination with the California State University Employees Union, Service Employees International Union Local 2579, and Teamsters Local 2010, selected Mercer as the independent consultant to assess and complete a review of the California State Universitys wage structure for nonfaculty staff employees. (g) In April 2022, Mercer completed their research and found all of the following: (1) Mercer identified significant wage compression, meaning that new hire salaries are often extremely close to salaries of senior nonfaculty staff employees. (2) Mercer determined that, on average, California State University nonfaculty staff employees salaries are 12 percent behind the market average. The market assessment looked at regional public and private employers for similar occupations and higher education institutions in and out of the state. (3) Mercer found that over 80 percent of employees and their managers favored a return to a predictable, equitable step system and had a low degree of confidence in the Open Range system. (h) To address these wage issues, Mercer recommended implementing a nine-step salary system that will help support wage growth and a living wage for California State University nonfaculty staff employees. The proposed system includes five annual steps that an employee progresses through with satisfactory completion of job duties, three additional steps assessed every two years, and a final step after three years. (i) After the release of the salary study by Mercer, the California State University Employees Union completed an assessment that found that the merit salary steps would significantly reduce pay equity concerns at the California State University for women and workers of color. SEC. 2. Section 89521 is added to the Education Code, to read:89521. Notwithstanding any other law:(a) The California State University shall implement a merit nine-step salary system for all represented California State University nonfaculty staff employees that runs for 15 years. The nine-step system shall be as follows:(1) After completion of the first year in a position, and after completion of each subsequent year for a total of five years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(2) After completion of year seven, and each subsequent two years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(3) After completion of year 15, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(b) Under the merit nine-step salary system established pursuant to this section, each represented California State University nonfaculty staff employee shall be placed in the step based on their existing years of employment as a represented California State University nonfaculty staff employee.(c) Language that effectuates this section shall automatically be incorporated into any pertinent memorandum of understanding or collective bargaining agreement entered into, or renewed, by the California State University on or after January 1, 2023.(d) Any costs associated with the implementation of this section that are incurred by the California State University shall be paid for using existing resources of the California State University.(e) It is the intent of the Legislature that each represented California State University nonfaculty staff employee reach market median for that campus by year five in the merit nine-step salary system.(f) It is the intent of the Legislature that the California State University take action to implement the salary step system consistent with the findings of the salary study authorized and completed for represented California State University nonfaculty staff employees that was developed pursuant to subprovision (k) of Provision 2.5 of Schedule (1) of Item 6610-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 69 and 240 of the Statutes of 2021).(g) It is the intent of the Legislature that the California State University work with the authorized employee representatives of each bargaining unit to implement this section. SEC. 2. Section 89521 is added to the Education Code, to read: ### SEC. 2. 89521. Notwithstanding any other law:(a) The California State University shall implement a merit nine-step salary system for all represented California State University nonfaculty staff employees that runs for 15 years. The nine-step system shall be as follows:(1) After completion of the first year in a position, and after completion of each subsequent year for a total of five years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(2) After completion of year seven, and each subsequent two years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(3) After completion of year 15, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(b) Under the merit nine-step salary system established pursuant to this section, each represented California State University nonfaculty staff employee shall be placed in the step based on their existing years of employment as a represented California State University nonfaculty staff employee.(c) Language that effectuates this section shall automatically be incorporated into any pertinent memorandum of understanding or collective bargaining agreement entered into, or renewed, by the California State University on or after January 1, 2023.(d) Any costs associated with the implementation of this section that are incurred by the California State University shall be paid for using existing resources of the California State University.(e) It is the intent of the Legislature that each represented California State University nonfaculty staff employee reach market median for that campus by year five in the merit nine-step salary system.(f) It is the intent of the Legislature that the California State University take action to implement the salary step system consistent with the findings of the salary study authorized and completed for represented California State University nonfaculty staff employees that was developed pursuant to subprovision (k) of Provision 2.5 of Schedule (1) of Item 6610-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 69 and 240 of the Statutes of 2021).(g) It is the intent of the Legislature that the California State University work with the authorized employee representatives of each bargaining unit to implement this section. 89521. Notwithstanding any other law:(a) The California State University shall implement a merit nine-step salary system for all represented California State University nonfaculty staff employees that runs for 15 years. The nine-step system shall be as follows:(1) After completion of the first year in a position, and after completion of each subsequent year for a total of five years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(2) After completion of year seven, and each subsequent two years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(3) After completion of year 15, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(b) Under the merit nine-step salary system established pursuant to this section, each represented California State University nonfaculty staff employee shall be placed in the step based on their existing years of employment as a represented California State University nonfaculty staff employee.(c) Language that effectuates this section shall automatically be incorporated into any pertinent memorandum of understanding or collective bargaining agreement entered into, or renewed, by the California State University on or after January 1, 2023.(d) Any costs associated with the implementation of this section that are incurred by the California State University shall be paid for using existing resources of the California State University.(e) It is the intent of the Legislature that each represented California State University nonfaculty staff employee reach market median for that campus by year five in the merit nine-step salary system.(f) It is the intent of the Legislature that the California State University take action to implement the salary step system consistent with the findings of the salary study authorized and completed for represented California State University nonfaculty staff employees that was developed pursuant to subprovision (k) of Provision 2.5 of Schedule (1) of Item 6610-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 69 and 240 of the Statutes of 2021).(g) It is the intent of the Legislature that the California State University work with the authorized employee representatives of each bargaining unit to implement this section. 89521. Notwithstanding any other law:(a) The California State University shall implement a merit nine-step salary system for all represented California State University nonfaculty staff employees that runs for 15 years. The nine-step system shall be as follows:(1) After completion of the first year in a position, and after completion of each subsequent year for a total of five years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(2) After completion of year seven, and each subsequent two years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(3) After completion of year 15, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process.(b) Under the merit nine-step salary system established pursuant to this section, each represented California State University nonfaculty staff employee shall be placed in the step based on their existing years of employment as a represented California State University nonfaculty staff employee.(c) Language that effectuates this section shall automatically be incorporated into any pertinent memorandum of understanding or collective bargaining agreement entered into, or renewed, by the California State University on or after January 1, 2023.(d) Any costs associated with the implementation of this section that are incurred by the California State University shall be paid for using existing resources of the California State University.(e) It is the intent of the Legislature that each represented California State University nonfaculty staff employee reach market median for that campus by year five in the merit nine-step salary system.(f) It is the intent of the Legislature that the California State University take action to implement the salary step system consistent with the findings of the salary study authorized and completed for represented California State University nonfaculty staff employees that was developed pursuant to subprovision (k) of Provision 2.5 of Schedule (1) of Item 6610-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 69 and 240 of the Statutes of 2021).(g) It is the intent of the Legislature that the California State University work with the authorized employee representatives of each bargaining unit to implement this section. 89521. Notwithstanding any other law: (a) The California State University shall implement a merit nine-step salary system for all represented California State University nonfaculty staff employees that runs for 15 years. The nine-step system shall be as follows: (1) After completion of the first year in a position, and after completion of each subsequent year for a total of five years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process. (2) After completion of year seven, and each subsequent two years, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process. (3) After completion of year 15, each represented California State University nonfaculty staff employee shall receive a merit salary intermediate step adjustment of 5 percent when the employee meets the standards for satisfactory performance in the position, as determined by the employees appropriate administrator pursuant to a uniform employee evaluation process. (b) Under the merit nine-step salary system established pursuant to this section, each represented California State University nonfaculty staff employee shall be placed in the step based on their existing years of employment as a represented California State University nonfaculty staff employee. (c) Language that effectuates this section shall automatically be incorporated into any pertinent memorandum of understanding or collective bargaining agreement entered into, or renewed, by the California State University on or after January 1, 2023. (d) Any costs associated with the implementation of this section that are incurred by the California State University shall be paid for using existing resources of the California State University. (e) It is the intent of the Legislature that each represented California State University nonfaculty staff employee reach market median for that campus by year five in the merit nine-step salary system. (f) It is the intent of the Legislature that the California State University take action to implement the salary step system consistent with the findings of the salary study authorized and completed for represented California State University nonfaculty staff employees that was developed pursuant to subprovision (k) of Provision 2.5 of Schedule (1) of Item 6610-001-0001 of Section 2.00 of the Budget Act of 2021 (Chapters 69 and 240 of the Statutes of 2021). (g) It is the intent of the Legislature that the California State University work with the authorized employee representatives of each bargaining unit to implement this section. (a)(1)Occupational safety and health standards and orders shall be adopted, amended, or repealed as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as modified by this chapter. (2)(A)Notwithstanding paragraph (1), an occupational safety and health standard and order shall be exempt from subdivision (c) of Section 11346.3 of the Government Code. (B)Notwithstanding any other law, an economic impact assessment pursuant to subdivision (b) of Section 11346.3 of the Government Code shall be prepared for the adoption, amendment, or repeal of any occupational safety and health standard and order under this section, regardless of whether the occupational safety and health standard and order is a major regulation or is not a major regulation, including for any occupational safety and health standard and order that is a major regulation proposed after January 1, 2022. (b)If an emergency regulation is based upon an emergency temporary standard published in the Federal Register by the Secretary of Labor pursuant to Section 6(c)(1) of the federal Occupational Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)(1)), the 120-day period specified in Section 11346.1 of the Government Code shall be deemed not to expire until 120 days after a permanent standard is promulgated by the Secretary of Labor pursuant to Section 6(c)(3) of the federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 655(c)(3)).