Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2557

Introduced by Assembly Members Santiago and Bloom

February 19, 2016

An act to amend Section begin delete 12990 end delete begin insert 65858 end insert of the Government Code, relating to begin delete public contracting. end delete begin insert land use. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2557, as amended, Santiago. begin delete State contracts: nondiscrimination clause. end delete begin insert Zoning regulations: interim ordinances. end insert

begin insert

The Planning and Zoning Law authorizes the legislative body of a city, including a charter city, a county, or a city and county under specified conditions to adopt for a period of 45 days as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, the planning commission, or the planning department is considering or studying or intends to study within a reasonable time. Existing law prohibits the extension of an interim ordinance that would have the effect of denying approvals needed for the development of projects with a significant component of multifamily housing, except upon specified findings supported by substantial evidence on the record.

end insert begin insert

This bill would instead prohibit an interim ordinance from having the effect of denying approvals needed for the development of projects with a significant component of multifamily housing.

end insert begin 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 begin 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

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 65858 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65858.  

(a) Without following the procedures otherwise
required prior to the adoption of a zoning ordinance, the legislative
body of a county, city, including a charter city, or city and county,
to protect the public safety, health, and welfare, may adopt as an
urgency measure an interim ordinance prohibiting any uses that
may be in conflict with a contemplated general plan, specific plan,
or zoning proposal that the legislative body, planning commission
or the planning department is considering or studying or intends
to study within a reasonable time. That urgency measure shall
require a four-fifths vote of the legislative body for adoption. The
interim ordinance shall be of no further force and effect 45 days
from its date of adoption. After notice pursuant to Section 65090
and public hearing, the legislative body may extend the interim
ordinance for 10 months and 15 days and subsequently extend the
interim ordinance for one year. Any extension shall also require
a four-fifths vote for adoption. Not more than two extensions may
be adopted.

(b) Alternatively, an interim ordinance may be adopted by a
four-fifths vote following notice pursuant to Section 65090 and
public hearing, in which case it shall be of no further force and
effect 45 days from its date of adoption. After notice pursuant to
Section 65090 and public hearing, the legislative body may by a
four-fifths vote extend the interim ordinance for 22 months and
15 days.

(c) The legislative body shall not adopt or extend any interim
ordinance pursuant to this section unless the ordinance contains
legislative findings that there is a current and immediate threat to
the public health, safety, or welfare, and that the approval of
additional subdivisions, use permits, variances, building permits,
or any other applicable entitlement for use which is required in
order to comply with a zoning ordinance would result in that threat
to public health, safety, or welfare. begin delete In addition, any end delete begin insert An end insert interim
ordinance adopted pursuant to this section begin delete that has end delete begin insert shall not have end insert
the effect of denying approvals needed for the development of
projects with a significant component of multifamily begin delete housing may
not be extended except upon written findings adopted by the
legislative body, supported by substantial evidence on the record,
that all of the following conditions exist: end delete begin insert housing. end insert

begin delete

(1) The continued approval of the development of multifamily
housing projects would have a specific, adverse impact upon the
public health or safety. As used in this paragraph, a “specific,
adverse impact” means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date that the ordinance is adopted by the legislative body.

end delete begin delete

(2) The interim ordinance is necessary to mitigate or avoid the
specific, adverse impact identified pursuant to paragraph (1).

end delete begin delete

(3) There is no feasible alternative to satisfactorily mitigate or
avoid the specific, adverse impact identified pursuant to paragraph
(1) as well or better, with a less burdensome or restrictive effect,
than the adoption of the proposed interim ordinance.

end delete

(d) Ten days prior to the expiration of that interim ordinance or
any extension, the legislative body shall issue a written report
describing the measures taken to alleviate the condition which led
to the adoption of the ordinance.

(e) When an interim ordinance has been adopted, every
subsequent ordinance adopted pursuant to this section, covering
the whole or a part of the same property, shall automatically
terminate and be of no further force or effect upon the termination
of the first interim ordinance or any extension of the ordinance as
provided in this section.

(f) Notwithstanding subdivision (e), upon termination of a prior
interim ordinance, the legislative body may adopt another interim
ordinance pursuant to this section provided that the new interim
ordinance is adopted to protect the public safety, health, and
welfare from an event, occurrence, or set of circumstances different
from the event, occurrence, or set of circumstances that led to the
adoption of the prior interim ordinance.

(g) For purposes of this section, “development of multifamily
housing projects” does not include the demolition, conversion,
redevelopment, or rehabilitation of multifamily housing that is
affordable to lower income households, as defined in Section
50079.5 of the Health and Safety Code, or that will result in an
increase in the price or reduction of the number of affordable units
in a multifamily housing project.

(h) For purposes of this section, “projects with a significant
component of multifamily housing” means projects in which
multifamily housing consists of at least one-third of the total square
footage of the project.

begin delete

SECTION 1.  

Section 12990 of the Government Code is
amended to read:

12990.  

(a) Any employer who is, or wishes to become, a
contractor or subcontractor with the state for public works or for
goods or services is subject to the provisions of this part relating
to discrimination in employment and to the nondiscrimination
requirements of this section and any rules and regulations that
implement it.

(b) Prior to becoming a contractor or subcontractor with the
state, an employer may be required to submit a nondiscrimination
program to the department for approval and certification and may
be required to submit periodic reports of its compliance with that
program.

(c) (1) Every state contract and subcontract for public works
or for goods or services shall contain a nondiscrimination clause
prohibiting discrimination on the bases enumerated in this part by
contractors or subcontractors. The nondiscrimination clause shall
contain a provision requiring contractors and subcontractors to
give written notice of their obligations under that clause to labor
organizations with which they have a collective bargaining or other
agreement. These contractual provisions shall be fully and
effectively enforced. This subdivision does not apply to a credit
card purchase of goods of two thousand five hundred dollars
($2,500) or less. The total amount of exemption authorized herein
shall not exceed seven thousand five hundred dollars ($7,500) per
year for each company from which a state agency is purchasing
goods by credit card. It shall be the responsibility of each state
agency to monitor the use of this exemption and adhere to these
restrictions on these purchases.

(2) (A) Each state agency with an active contract or subcontract
that contains a nondiscrimination clause pursuant to this
subdivision shall negotiate amendments to the nondiscrimination
clause or necessary to ensure that the wording of the clause is
consistent with the current statutory nondiscrimination provisions
of this part.

(B) This paragraph applies to all active contracts or subcontracts,
regardless of the date the contract or subcontract was entered into.

(d) The department shall periodically develop rules and
regulations for the application and implementation of this section,
and submit them to the council for consideration and adoption in
accordance with the provisions of Chapter 3.5 (commencing with
Section 11340) of Part 1. Those rules and regulations shall describe
and include, but not be limited to, all of the following:

(1) Procedures for the investigation, approval, certification,
decertification, monitoring, and enforcement of nondiscrimination
programs.

(2) The size of contracts or subcontracts below which any
particular provision of this section shall not apply.

(3) The circumstances, if any, under which a contractor or
subcontractor is not subject to this section.

(4) Criteria for determining the appropriate plant, region,
division, or other unit of a contractor’s or subcontractor’s operation
for which a nondiscrimination program is required.

(5) Procedures for coordinating the nondiscrimination
requirements of this section and its implementing rules and
regulations with the California Plan for Equal Opportunity in
Apprenticeship, with the provisions and implementing regulations
of Article 9.5 (commencing with Section 11135) of Chapter 1 of
Part 1, and with comparable federal laws and regulations
concerning nondiscrimination, equal employment opportunity,
and affirmative action by those who contract with the United States.

(6) The basic principles and standards to guide the department
in administering and implementing this section.

(e) Where a contractor or subcontractor is required to prepare
an affirmative action, equal employment, or nondiscrimination
program subject to review and approval by a federal compliance
agency, that program may be filed with the department, instead of
any nondiscrimination program regularly required by this section
or its implementing rules and regulations. Such a program shall
constitute a prima facie demonstration of compliance with this
section. Where the department or a federal compliance agency has
required the preparation of an affirmative action, equal
employment, or nondiscrimination program subject to review and
approval by the department or a federal compliance agency,
evidence of such a program shall also constitute prima facie
compliance with an ordinance or regulation of any city, city and
county, or county that requires an employer to submit such a
program to a local awarding agency for its approval prior to
becoming a contractor or subcontractor with that agency.

(f) Where the department determines and certifies that the
provisions of this section or its implementing rules and regulations
are violated or determines a contractor or subcontractor is engaging
in practices made unlawful under this part, the department may
recommend appropriate sanctions to the awarding agency. Any
such recommendation shall take into account the severity of the
violation or violations and any other penalties, sanctions, or
remedies previously imposed.

end delete