as amended, Santiago.
begin deleteState contracts: nondiscrimination clause. end delete
Existing law, the California Fair Employment and Housing Act (FEHA), prohibits an employer or labor organization, among others, from discriminating against a person in specified contexts on the basis of the person’s race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. FEHA makes an employer who is, or wishes to become, a contractor with the state for public works or for goods or services subject to the provisions of FEHA relating to discrimination, and requires every state contract and subcontract for public works or for goods or services to contain a nondiscrimination clause prohibiting discrimination on the bases enumerated in FEHA by contractors or subcontractors.end delete
This bill would specify that those provisions apply to subcontractors, and would require each state agency with an active contract or subcontract that contains the nondiscrimination clause to negotiate amendments to the nondiscrimination clause as necessary to ensure that the wording of the clause is consistent with the current statutory nondiscrimination provisions.end delete
begin deleteyes end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) Without following the procedures otherwise
4required prior to the adoption of a zoning ordinance, the legislative
5body of a county, city, including a charter city, or city and county,
6to protect the public safety, health, and welfare, may adopt as an
7urgency measure an interim ordinance prohibiting any uses that
8may be in conflict with a contemplated general plan, specific plan,
9or zoning proposal that the legislative body, planning commission
10or the planning department is considering or studying or intends
11to study within a reasonable time. That urgency measure shall
12require a four-fifths vote of the legislative body for adoption. The
13interim ordinance shall be of no further force and effect 45 days
14from its date of adoption. After notice pursuant to Section 65090
15and public hearing, the legislative body may extend the interim
16ordinance for 10 months and 15 days and subsequently extend the
17interim ordinance for one year. Any extension shall also require
18a four-fifths vote for adoption. Not more than two extensions may
P3 1(b) Alternatively, an interim ordinance may be adopted by a
2four-fifths vote following notice pursuant to Section 65090 and
3public hearing, in which case it shall be of no further force and
4effect 45 days from its date of adoption. After notice pursuant to
5Section 65090 and public hearing, the legislative body may by a
6four-fifths vote extend the interim ordinance for 22 months and
8(c) The legislative body shall not adopt or extend any interim
9ordinance pursuant to this section unless the ordinance contains
10legislative findings that there is a current and immediate threat to
11the public health, safety, or welfare, and that the approval of
12additional subdivisions, use permits, variances, building permits,
13or any other applicable entitlement for use which is required in
14order to comply with a zoning ordinance would result in that threat
15to public health, safety, or welfare.
begin delete In addition, anyend delete interim
16ordinance adopted pursuant to this section
begin delete that hasend delete
17 the effect of denying approvals needed for the development of
18projects with a significant component of multifamily
begin delete housing may
19not be extended except upon written findings adopted by the
20legislative body, supported by substantial evidence on the record,
21that all of the following conditions exist:end delete
22(1) The continued approval of the development of multifamily
23housing projects would have a specific, adverse impact upon the
24public health or safety. As used in this paragraph, a “specific,
25adverse impact” means a significant, quantifiable, direct, and
26unavoidable impact, based on objective, identified written public
27health or safety standards, policies, or conditions as they existed
28on the date that the ordinance is adopted by the legislative body.
29(2) The interim ordinance is necessary to mitigate or avoid the
30specific, adverse impact identified pursuant to paragraph (1).
31(3) There is no feasible alternative to satisfactorily mitigate or
32avoid the specific, adverse impact identified pursuant to paragraph
33(1) as well or better, with a less burdensome or restrictive effect,
34than the adoption of the proposed interim ordinance.
35(d) Ten days prior to the expiration of that interim ordinance or
36any extension, the legislative body shall issue a written report
37describing the measures taken to alleviate the condition which led
38to the adoption of the ordinance.
39(e) When an interim ordinance has been adopted, every
40subsequent ordinance adopted pursuant to this section, covering
P4 1the whole or a part of the same property, shall automatically
2terminate and be of no further force or effect upon the termination
3of the first interim ordinance or any extension of the ordinance as
4provided in this section.
5(f) Notwithstanding subdivision (e), upon termination of a prior
6interim ordinance, the legislative body may adopt another interim
7ordinance pursuant to this section provided that the new interim
8ordinance is adopted to protect the public safety, health, and
9welfare from an event, occurrence, or set of circumstances different
10from the event, occurrence, or set of circumstances that led to the
11adoption of the prior interim ordinance.
12(g) For purposes of this section, “development of multifamily
13housing projects” does not include the demolition, conversion,
14redevelopment, or rehabilitation of multifamily housing that is
15affordable to lower income households, as defined in Section
1650079.5 of the Health and Safety Code, or that will result in an
17increase in the price or reduction of the number of affordable units
18in a multifamily housing project.
19(h) For purposes of this section, “projects with a significant
20component of multifamily housing” means projects in which
21multifamily housing consists of at least one-third of the total square
22footage of the project.
Section 12990 of the Government Code is
24amended to read:
(a) Any employer who is, or wishes to become, a
26contractor or subcontractor with the state for public works or for
27goods or services is subject to the provisions of this part relating
28to discrimination in employment and to the nondiscrimination
29requirements of this section and any rules and regulations that
31(b) Prior to becoming a contractor or subcontractor with the
32state, an employer may be required to submit a nondiscrimination
33program to the department for approval and certification and may
34be required to submit periodic reports of its compliance with that
36(c) (1) Every state contract and subcontract for public works
37or for goods or services shall contain a nondiscrimination clause
38prohibiting discrimination on the bases enumerated in this part by
39contractors or subcontractors. The nondiscrimination clause shall
40contain a provision requiring contractors and subcontractors to
P5 1give written notice of their obligations under that clause to labor
2organizations with which they have a collective bargaining or other
3agreement. These contractual provisions shall be fully and
4effectively enforced. This subdivision does not apply to a credit
5card purchase of goods of two thousand five hundred dollars
6($2,500) or less. The total amount of exemption authorized herein
7shall not exceed seven thousand five hundred dollars ($7,500) per
8year for each company from which a state agency is purchasing
9goods by credit card. It shall be the responsibility of each state
10agency to monitor the use of this exemption and adhere to these
11restrictions on these purchases.
12(2) (A) Each state agency with an active contract or subcontract
13that contains a nondiscrimination clause pursuant to this
14subdivision shall negotiate amendments to the nondiscrimination
15clause or necessary to ensure that the wording of the clause is
16consistent with the current statutory nondiscrimination provisions
17of this part.
18(B) This paragraph applies to all active contracts or subcontracts,
19regardless of the date the contract or subcontract was entered into.
20(d) The department shall periodically develop rules and
21regulations for the application and implementation of this section,
22and submit them to the council for consideration and adoption in
23accordance with the provisions of Chapter 3.5 (commencing with
24Section 11340) of Part 1. Those rules and regulations shall describe
25and include, but not be limited to, all of the following:
26(1) Procedures for the investigation, approval, certification,
27decertification, monitoring, and enforcement of nondiscrimination
29(2) The size of contracts or subcontracts below which any
30particular provision of this section shall not apply.
31(3) The circumstances, if any, under which a contractor or
32subcontractor is not subject to this section.
33(4) Criteria for determining the appropriate plant, region,
34division, or other unit of a contractor’s or subcontractor’s operation
35for which a nondiscrimination program is required.
36(5) Procedures for coordinating the nondiscrimination
37requirements of this section and its implementing rules and
38regulations with the California Plan for Equal Opportunity in
39Apprenticeship, with the provisions and implementing regulations
40of Article 9.5 (commencing with Section 11135) of Chapter 1 of
P6 1Part 1, and with comparable federal laws and regulations
2concerning nondiscrimination, equal employment opportunity,
3and affirmative action by those who contract with the United States.
4(6) The basic principles and standards to guide the department
5in administering and implementing this section.
6(e) Where a contractor or subcontractor is required to prepare
7an affirmative action, equal employment, or nondiscrimination
8program subject to review and approval by a federal compliance
9agency, that program may be filed with the department, instead of
10any nondiscrimination program regularly required by this section
11or its implementing rules and regulations. Such a program shall
12constitute a prima facie demonstration of compliance with this
13section. Where the department or a federal compliance agency has
14required the preparation of an affirmative action, equal
15employment, or nondiscrimination program subject to review and
16approval by the department or a federal compliance agency,
17evidence of such a program shall also constitute prima facie
18compliance with an ordinance or regulation of any city, city and
19county, or county that requires an employer to submit such a
20program to a local awarding agency for its approval prior to
21becoming a contractor or subcontractor with that agency.
22(f) Where the department determines and certifies that the
23provisions of this section or its implementing rules and regulations
24 are violated or determines a contractor or subcontractor is engaging
25in practices made unlawful under this part, the department may
26recommend appropriate sanctions to the awarding agency. Any
27such recommendation shall take into account the severity of the
28violation or violations and any other penalties, sanctions, or
29remedies previously imposed.