Amended  IN  Senate  August 28, 2020
Amended  IN  Senate  August 30, 2019
Amended  IN  Senate  June 05, 2019
Amended  IN  Assembly  April 10, 2019
Amended  IN  Assembly  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 639

Introduced by Assembly Member Cervantes

February 15, 2019

An act to add and repeal Section 12893.1 of the Government Code, and to add and repeal Section 38532 of the Health and Safety Code, relating to climate change. workforce development.


LEGISLATIVE COUNSEL'S DIGEST


AB 639, as amended, Cervantes. Task Force on Addressing Workforce Impacts of Transitioning Seaports to a Lower Carbon Economy: California Workforce Development Board: informational report. port automation and climate change.
(1) Existing law requires specified state agencies to prepare and submit to the Secretary for Environmental Protection specified information for inclusion in an annual greenhouse gas emission reduction report card, as specified.

This bill, until January 1, 2025, would create the Task Force on Addressing Workforce Impacts of Transitioning Seaports to a Lower Carbon Economy with a specified membership in the California Environmental Protection Agency. The bill would require the task force to advise state agencies on the most effective ways to expend clean energy and greenhouse gas moneys to implement policies and programs to mitigate the impacts of transitioning seaport operations to low- and zero-emission operations on incumbent workers, as specified. The bill would require the task force to provide an annual update to the Governor and the appropriate policy and fiscal committees of the Legislature on its activities.

This bill would, until January 1, 2024, require the Labor and Workforce Development Agency and the California Workforce Development Board to oversee a stakeholder process to develop recommendations on how best to mitigate the employment impacts of automation at the Port of Los Angeles and the Port of Long Beach. The bill would create an industry panel consisting of 10 members, as specified, within the agency to inform the stakeholder process. The bill would authorize the California Workforce Development Board to contract the University of California at Los Angeles (UCLA) Labor Center to facilitate implementation and would authorize the UCLA Labor Center to commission expert research and testimony to supplement the stakeholder process. The bill would require the industry panel to provide an annual update on the stakeholder process at a regularly scheduled meeting of the California Workforce Development Board. The bill would require the Labor and Workforce Development Agency and the California Workforce Development Board, upon the completion of the stakeholder process, but not later than July 1, 2023, to issue findings and recommendations on the most effective ways to implement policies and programs to mitigate the employment impacts of automation and the transitioning of seaport operations to low- and zero-emission operations on workers and individuals living in communities adjacent to the ports.
(2) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases.
The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years. Existing law requires the state board, at least once per year at a hearing of the Joint Legislative Committee on Climate Change Policies, to present an informational report on the reported emissions of greenhouse gases, criteria pollutants, and toxic air contaminants from all sectors covered by the scoping plan, as specified. The act requires the California Workforce Development Board, in consultation with the state board, to report to the Legislature on the need for increased education, career technical education, job training, and workforce development resources or capacity to help the industry, workers, and communities transition to economic and labor-market changes related to statewide greenhouse gas emissions reduction goals.
This bill would, until January 1, 2023, would require the California Workforce Development Board to develop and Board, on or before December 31, 2022, to present an informational report at a hearing of the joint committee that includes the impacts on employment of policies, programs, and regulations adopted or implemented to meet statewide greenhouse gas emissions reduction goals and recommended actions to mitigate the negative impacts on incumbent workers who may become stranded as carbon-intensive industries are phased out or severely limited. The bill would authorize this report to be presented at the same hearing where the state board is required to present the above-described informational report. an update on the implementation of the report made by the California Workforce Development Board to the Legislature, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that the transition to a lower carbon economy be undertaken through inclusive economic policies and that those workers and communities who find themselves “stranded” by the phasing out of carbon-intensive industries are supported with training and new employment opportunities.

SEC. 2.

 Section 12893.1 is added to the Government Code, to read:

12893.1.
 (a) (1) The Task Force on Addressing Workforce Impacts of Transitioning Seaports to a Lower Carbon Economy Labor and Workforce Development Agency and the California Workforce Development Board shall oversee a stakeholder process to support the development of findings and recommendations on how to best mitigate the employment impacts of automation at the Port of Los Angeles and the Port of Long Beach. To help inform the stakeholder process, an industry panel is hereby created in the agency.
(2) The California Workforce Development Board may contract with University of California at Los Angeles (UCLA) Labor Center to perform the actions described in subdivision (e).
(b) (1) The task force industry panel shall consist of the following members:
(A) Seven Eight members appointed by the Governor and subject to confirmation by the Senate. Secretary of Labor as follows:

(i)At least four members of the task force appointed by the Governor shall be a member or an employee of a union or guild related to the operations of state seaports or another industry impacted by the implementation of the California Sustainable Freight Action Plan developed pursuant to Executive Order B-32-15.

(ii)At least two members of the task force appointed by the Governor shall have experience working on economic projects in disadvantaged communities.

(i) Three members from employee unions that represent marine cargo handlers at the Port of Los Angeles and the Port of Long Beach.
(ii) Three members who are representatives of marine cargo employers operating at the Port of Los Angeles and Port of Long Beach.
(iii) The Executive Director of the Port of Los Angeles or the executive director’s designee.
(iv) The Executive Director of the Port of Long Beach or the executive director’s designee.
(B) One member appointed by the Speaker of the Assembly. Assembly with experience in education, training, and workforce development.
(C) One member appointed by the Senate Committee on Rules. Rules with experience in education, training, and workforce development.

(2)Task force members shall have expertise in economic, financial, or policy aspects of economic development, labor representation, job creation, or workforce development.

(3)

(2) Each member shall be appointed to a term of three years. A member who fails to attend two task force industry panel meetings in one calendar year shall be deemed removed from the task force, industry panel, and the appointing power for that member shall appoint a new member to fill the vacancy.

(4)Task force

(3) Industry panel members shall not receive per diem or other similar compensation for serving as a task force member, but may receive reimbursement for actual expenses incurred in connection with the performance of their duties. an industry panel member.
(c) The industry panel shall invite stakeholders and subject matter experts to participate in the stakeholder process, including port districts, public agencies, labor organizations, shipping companies, marine-oriented trade associations, nonprofit organizations, and education, training, and workforce development entities. As appropriate, the costs of the industry panel and the stakeholder process may be reduced by in-kind or other contributions from third parties.
(d) (1) During the process, representatives from the Labor and Workforce Development Agency and from the California Workforce Development Board, and members of the industry panel shall consider issues including, but not limited to, employment impacts that result from the use of automated technology, including the impact on individuals employed by public and private sector entities supporting port activities and living in communities adjacent to the ports.

(c)

(2) The task force shall hold its first meeting of the stakeholder process shall be held on or before March 1, 2020. Meetings shall be held quarterly or at a frequency deemed appropriate by the members. Members may attend a meeting either in person or by teleconference or internet conference. 90 days after the funding becomes available for the purposes of this section.

(d)(1)The task force shall advise state agencies on the most effective ways to expend clean energy and greenhouse gas moneys to implement policies and programs to mitigate the impacts of transitioning seaport operations to low- and zero-emission operations on incumbent workers. The task force also shall do all of the following:

(A)Monitor and advise on the development of guidance for reviewing existing positions at state seaports and other facilities and businesses impacted by the California Sustainable Freight Action Plan developed pursuant to Executive Order B-32-15, including those individuals employed in public and private sector organizations, to identify at least equivalent occupations for which the individual is currently qualified or could be trained within six months to a year to be qualified.

(B)Monitor and advise on the development of guidance for workforce boards to undertake individual skill set assessments for individuals who may face employment impacts as a result of the state’s transition to a lower carbon economy, including the California Sustainable Freight Action Plan developed pursuant to Executive Order B-32-15. This includes indirect and direct employment impacts.

(C)Monitor and advise on the development of guidance for tracking and reporting training and jobs outcomes for state clean energy and low-carbon economy transition investments and use this information to evaluate the state’s progress in addressing the needs of incumbent workers who may be stranded as the state transitions to a low- and zero-emission freight movement system.

(D)Advise state agencies on the most effective ways to align state clean energy and low-carbon training moneys with existing state workforce development investments and strategies to support the individuals who may face the impacts of transitioning to a lower carbon economy, including employees at seaports.

(2)The task force shall consult with the Labor and Workforce Development Agency and the California Workforce Development Board, when appropriate, in implementing this subdivision. The agency may assign or refer responsibilities to other relevant state agencies, but shall retain the ultimate responsibility for implementing this section and supporting the task force.

(3)For purposes of this subdivision, “state agency” means any board, commission, department, or other agency of the state.

(e) The UCLA Labor Center may commission expert research and testimony to supplement the stakeholder process and support the development of findings and recommendations pursuant to this section.

(e)

(f) The task force industry panel shall provide an annual update to the Governor and the appropriate policy and fiscal committees of the Legislature on its activities. of the stakeholder process at a regularly scheduled meeting of the California Workforce Development Board.
(g) Upon completion of the stakeholder process, but by no later than July 1, 2023, the Labor and Workforce Development Agency and the California Workforce Development Board shall issue findings and recommendations on the most effective ways to implement policies and programs to mitigate the employment impacts of automation and the transitioning of seaport operations to low- and zero-emission operations on workers and individuals living in communities adjacent to the ports.
(h) This section shall be implemented upon appropriation by the Legislature of funds for purposes of this section.

(f)

(i) This section shall remain in effect only until January 1, 2025, 2024, and as of that date is repealed.

SEC. 3.Section 38532 is added to the Health and Safety Code, to read:
38532.

(a)On or before December 31, 2022, the California Workforce Development Board shall develop and present at a hearing of the Joint Legislative Committee on Climate Change Policies an informational report that includes both of the following:

(1)The impacts on employment, including direct and indirect, of policies, programs, and regulations adopted or implemented to meet statewide greenhouse gas emissions reduction goals.

(2)Recommended actions to mitigate the negative impacts on incumbent workers who may become stranded as carbon-intensive industries are phased out or severely limited, including, but not limited to, programs that train incumbent workers for employment opportunities, paying at least equal pay, in the same industry sector and related sectors following a technology upgrade related to the reduction of greenhouse gas emissions.

(b)The report may be presented at the same hearing where the state board is required to present an informational report on emissions of greenhouse gases, criteria pollutants, and toxic air contaminants, pursuant to Section 38531.

(c)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 3.

 (a) On or before December 31, 2022, the California Workforce Development Board shall present at a hearing of the Joint Legislative Committee on Climate Change Policies an update on any of its workforce activities and investments pursued in response to the findings and recommendations of the report issued pursuant to Section 38591.3.
(b) The report may be presented at the same hearing where the state board is required to present an informational report on emissions of greenhouse gases, criteria pollutants, and toxic air contaminants, pursuant to Section 38531.