Bill Text: CA AB2441 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public employment: local public transit agencies: autonomous transit vehicle technology.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2022-09-29 - Vetoed by Governor. [AB2441 Detail]

Download: California-2021-AB2441-Amended.html

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Amended  IN  Senate  June 02, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2441

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Introduced by Assembly Member Kalra

February 17, 2022

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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

AB 2441, as amended, Kalra. Public employment: local public transit agencies: new technologies. vehicle technology.

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, written notice to the applicable exclusive employee representative of the workforce affected by new vehicle technology of its intention to begin determination to begin, or its substantive progress toward initiating, any procurement process or a plan to acquire or deploy to any new technologies vehicle technology for public transit services, as described above, services that would eliminate job functions or jobs of the workforce to which the new vehicle technology applies not less than 12 months before commencing the process, plan, or deployment. The bill would require a public transit employer, upon a written request of the exclusive employee representative, to provide specified information to the exclusive employee representative, including the potential gaps in skills that may result from the new service. The bill would also prescribe subjects in this regard that would be mandatory subjects of require the public transit employer, following the written request for information by the exclusive employee representative, to engage in collective bargaining, bargaining on specified subjects, 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  

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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 Obligations

3125.

 For the purposes of this chapter:

(a)“Plan

(a) “Autonomous technology” means technology that has the capability to drive a vehicle without the active physical control by a human operator.

(b) “New vehicle technology” means any of the following:

(1) Autonomous technology.

(2) Camera and voice systems whose principal purpose is to replicate customer information services currently provided by a transit worker.

(3) Other new technology that pertains directly to the operation of a vehicle and eliminates jobs or job functions of the workforce to which it applies.

(4) Maintenance services of the technologies specified in paragraphs (1) to (3), inclusive.

(c) “Plan to acquire or deploy” includes any public notification on the subject of that initiates acquisition or deployment. deployment of new vehicle technology.

(b)

(d) “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 substantially similar to paragraphs (1) to (3), inclusive, that is intended to begin begins the process of acquiring new equipment or technology.

(c)

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

(d)

(f) “Public transit services” means the provision of passenger transportation services by the district to the general public, including paratransit service.

3126.

 (a) A public transit employer shall notify notify, in writing, the exclusive employee representative of the workforce affected by new vehicle technology of its intention to begin determination to begin, or its substantive progress toward initiating, any procurement process or plan to acquire or deploy in relation to any new technologies vehicle technology 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 vehicle technology for public transit services that does either of the following: services, including automated vehicles, that eliminates job functions or jobs of the workforce to which the new vehicle technology will apply.

(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:

(c) After the notification required by subdivision (a) and upon written request by the exclusive employee representative, the public transit employer, within 15 days of its next regular governing board meeting, shall provide the following information to the exclusive employee representative:

(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 apply.

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

(d) Nothing in this section shall supersede the exclusive employee representative’s right to disclosure of information by the public transit employer pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)).

3127.

 Following the notification provided under written request by the exclusive employee representative under subdivision (c) of 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.