Bill Text: CA SB803 | 2023-2024 | Regular Session | Amended

California Senate Bill 803

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

Bill Title: Heal Our Heroes Act.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Engrossed) 2024-06-25 - June 25 set for first hearing canceled at the request of author. [SB803 Detail]

Download: California-2023-SB803-Amended.html

Amended IN Assembly June 22, 2023

Amended IN Senate May 18, 2023

Amended IN Senate March 21, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 803

Introduced by Senator Becker

February 17, 2023

An act to amend Section ~~14684.3~~ 19134 of the Government Code, relating to ~~housing.~~ employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 803, as amended, Becker. ~~Excess state land: development of affordable housing.~~ Personal services contracts.

Existing law, the State Civil Service Act, regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system. Existing law permits state agencies to enter into personal services contracts if certain conditions are met. Existing law requires a state agency that enters into a personal services contract for certain types of workers to include provisions for employee wages and benefits to be valued at least 85% of the state employer cost of wages and benefits provided to state employees performing similar duties. Existing law requires the department to annually establish the state employer wage and benefits costs covered by these provisions.
This bill would require, for purposes of determining 85% of wage costs, that the department use the top rate of pay for the corresponding civil service classification for state employees performing similar duties.
Existing law additionally applies the above-described provisions to wages and benefits of employees of subcontractors providing the same types of services in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases all of the occupied floorspace of the facility.
This bill would instead apply these provisions to services performed in state-leased facilities that are at least 50,000 square feet in area and more than one-half of the occupied office space is leased by the state, as specified.
This bill would make nonsubstantive changes to correct erroneous cross-references in those provisions.
Existing law establishes the Department of General Services (DGS) in the Government Operations Agency for purposes of, among other things, planning, acquiring, constructing, and maintaining state buildings and property. Under existing law, by executive order, the DGS was required to, among other things, create a digitized inventory of all excess state land, create screening tools for prioritizing affordable housing development on excess state land, and issue requests for proposals for and select affordable housing developments on excess state land, as described. Specifically, Executive Order No. N-06-19 required the DGS to create a digitized inventory of excess state land no later than April 30, 2019, and required the DGS, the Department of Housing and Community Development (HCD), and the California Housing Finance Agency (CalHFA) to collaborate to develop 2 new screening tools for prioritizing affordable housing development on excess state land no later than March 29, 2019.
Existing law requires the DGS to develop, in consultation with the HCD, no later than September 1, 2023, a set of criteria to consistently evaluate state-owned parcels for suitability as affordable housing sites. Existing law requires the department, on or before January 1, 2024, to update the digitized inventory created pursuant to the above-described executive order with all excess state land suitable for affordable housing identified, as specified.
~~The bill would require the DGS to verify a sample of the digitized inventory at least once every 4 years to ensure that digitized inventory is accurate.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 19134 of the Government Code is amended to read:

19134.

(a) Personal services contracts entered into by a state agency in accordance with Section 19130 for persons providing janitorial and housekeeping services, custodians, food service workers, laundry workers, window cleaners, and security guard services shall include provisions for employee wages and benefits that are valued at least 85 percent of the state employer cost of wages and benefits provided to state employees for performing similar duties.

(b) For purposes of this section, “benefits” includes “health, dental, retirement, and vision benefits, and holiday, sick, and vacation pay.”

(c) (1) The Department of Human Resources shall establish annually the state employer wage and benefit costs for workers covered pursuant to this section.

(2) Wage costs shall be established using 85 percent of the top rate of pay for the corresponding civil service classification for state employees performing similar duties. Benefit costs shall be established using rates based on single employee, employee plus one dependent, and employee plus two or more dependents, or the costs may be based on a blended rate, subject to the determination of the Department of Human Resources.

(d) In lieu of providing actual benefits, contractors may comply with this section by a cash payment to employees equal to the applicable determination under subdivision (c).

(e) Failure to provide benefits or cash in lieu to employees as required under this section shall be deemed to be a material breach for any contract for personal services covered by this section.

(f) The Department of General Services and the Department of Human Resources may adopt guidelines and regulations to implement the requirements of this section.

(g) This section applies to all contracts exceeding 90 days.

(h) Holiday pay shall be provided to employees of contractors providing services specified in subdivision (a) on any state holiday that the state facility in which the services are being provided is closed.

(i) This section also applies to wages and benefits of employees of subcontractors providing services specified in subdivision (a) in state-leased facilities where the facility is at least 50,000 square feet in area and the state leases ~~all~~ more than one-half of the occupied ~~floorspace~~ office space of the facility.

(j) With the exception of subdivision (h), this section does not apply to personal services contracts for the services described in subdivision (a) performed by employees of nonprofit organizations that are employed in accordance with any of the following:

(1) A special license issued pursuant to Section 1191.5 of the Labor Code.

(2) A special certificate issued pursuant to Section 214 of Title 29 of the United States Code.

(3) A community rehabilitation plan described in Sections 19152 and 19404 of the Welfare and Institutions Code.

(4) A habilitation services program as described in Sections ~~19352~~ 4851 and ~~19356.6~~ 4861 of the Welfare and Institutions Code.

SECTION 1.Section 14684.3 of the Government Code is amended to read:
14684.3.
(a)Not later than September 1, 2023, the department, in consultation with the Department of Housing and Community Development, shall develop a set of criteria to consistently evaluate state-owned parcels for suitability as affordable housing sites.
~~(b)On or before July 1, 2024, and every four years thereafter, the department shall do all of the following:~~
~~(1)Conduct a review of all state-owned property and identify state-owned parcels that are potentially viable for affordable housing based on the established criteria developed in subdivision (a).~~
~~(2)Following each review, contact all related state agencies to determine excess state land.~~
~~(3)Collaborate with the Department of Housing and Community Development to prioritize excess state land for development.~~
(c)(1)On or before January 1, 2024, and every four years thereafter, the department shall update the digitized inventory created pursuant to Executive Order No. N-06-19 with all excess state land suitable for affordable housing identified pursuant to subdivision (b).
(2)Not later than June 1, 2023, and annually thereafter, the department and the Department of Housing and Community Development shall evaluate and update the screening tools jointly developed pursuant to Executive Order No. N-06-19.
(3)The department, in consultation with the Department of Housing and Community Development, shall pursue the development of affordable housing on excess state properties, including those in the digitized inventory described in paragraph (1).
~~(4)The department shall, at least once every four years, verify a sample of the digitized inventory created pursuant to paragraph (1) to ensure that the inventory is accurate.~~
~~(d)(1)All state agencies shall respond to the department’s request for information to satisfy the requirements of this section.~~
(2)Notwithstanding any other law, all state agencies shall consider exchanging excess state land with local governments for other parcels for purposes of affordable housing development and preservation, if the exchange is appropriate and maximizes regional capacity to build and preserve affordable housing units.
(3)All state agencies shall use all existing legal and financial authority, subject to the direction of the Governor, to expedite and prioritize the developments described in paragraph (4) of subdivision (c).
~~(e)For purposes of this section, “excess state land” means state-owned parcels that are in excess of state agencies’ foreseeable needs.~~
(f)On or before January 1, 2024, and annually thereafter, the department shall report to the Legislature on the status of the excess state properties identified pursuant to subdivision (c), including, but not limited to, whether the property has been leased and, if so, for what purpose.