BILL NUMBER: AB 163 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2007
INTRODUCED BY Assembly Member Mendoza
JANUARY 22, 2007
An act to amend Section 71601 of the Government Code,
relating to courts. An act to add Article 3.5
(commencing with Section 14691) to Chapter 2 of Part 5.5 of Division
3 of Title 2 of the Government Code, relating to state buildings.
LEGISLATIVE COUNSEL'S DIGEST
AB 163, as amended, Mendoza. Trial courts: limited-term
employees. State buildings: bicycle facilities.
Existing law generally sets forth the centralized services to be
provided by the Department of General Services with respect to state
buildings and property, among other duties.
This bill would enact the Green and Healthy Workplace Bicycle
Facilities Act of 2007, which would require the department, in
consultation with the State Architect and other state agencies, to
adopt regulations establishing standards for bicycle facilities,
including parking areas, showers, and lockers in state-owned and
state-leased buildings. The bill would require each state agency to
develop programs to promote and encourage bicycle commuting and use
of bicycles for work-related trips, as well as to manage its bicycle
facilities. It would also require, on and after July 1, 2010, a
capital plan for, or renovation of, state buildings to comply with
the adopted regulations.
Existing law defines the term "trial court employee" for purposes
of the Trial Court Employment Protection and Governance Act. In
defining this term, the act provides that any temporary employee
shall not be employed in the trial court for a period exceeding 180
calendar days, except for court reporters under certain conditions.
This bill would additionally provide, in Los Angeles County, that
any limited-term law clerk shall not be employed in the trial court
for a period exceeding 180 calendar days. The bill would further
provide that any such limited-term law clerk employed for more than
180 calendar days is a regular employee.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The State of California endeavors to meet certain goals
regarding more transportation choices, reducing traffic congestion,
improving air quality, conserving energy, reducing greenhouse gas
emissions, improving social equity, and increasing physical activity
to promote public health. Increased levels of bicycling rate by state
employees and by visitors to state offices would help reach these
goals.
(b) The state invests approximately $2 billion annually for
design, construction, and renovation, and more than six hundred
million dollars ($600,000,000) annually for energy, water, and waste
disposal at state-funded facilities.
(c) The state invests an unspecified amount in funding for
automobile parking for state employees and visitors.
(d) An opportunity exists for the state to foster continued
economic growth and provide environmental leadership by incorporating
bicycle facilities into the state capital outlay and building
management processes.
(e) The widespread adoption of bicycle facilities principles would
result in significant long-term benefits to the state's environment,
including reductions in smog generation and greenhouse gas
emissions, increased employee and public health, and reduced
congestion.
(f) It is critical that the state provide leadership to both
private and public sectors to provide bicycle facilities for
employees and visitors.
(g) It is the policy of the state to site, design, deconstruct,
construct, renovate, operate, and maintain state buildings that are
models of energy efficiency, while encouraging energy-efficient
travel to and from buildings, and providing healthy, productive, and
comfortable indoor environments and long-term benefits to
Californians.
(h) It is the intent of the Legislature in enacting this act to
increase the availability and usefulness of bicycle facilities in
state-owned and state-leased buildings by providing safe and secure
bicycle parking and storage and comfortable changing and showering
areas, and to promote alternative transportation to the workplace.
SEC. 2. Article 3.5 (commencing with Section
14691) is added to Chapter 2 of Part 5.5 of Division 3 of Title 2 of
the Government Code , to read:
Article 3.5. Green and Healthy Workplace Bicycle Facilities
Act of 2007
14691. This act shall be known, and may be cited, as the Green
and Healthy Workplace Bicycle Facilities Act of 2007.
14691.5. For the purposes of this article, "state building" means
a building owned or leased by the state.
14692. (a) On or before July 1, 2009, the department shall adopt
regulations for the construction and renovation of state buildings
that establish standards regarding bicycle facilities, including
short-term visitor bicycle parking, long-term employee bicycle
parking, showers, and clothing lockers.
(b) When adopting regulations pursuant to subdivision (a), the
department shall consider those aspects of existing relevant
information and guidelines that maximize the utility of bicycle
facilities, and shall allow for flexibility to meet the state's
building standards. The existing relevant guidelines and information
shall include, but are not limited to, both of the following:
(1) The Sacramento Area Bicycle Advocates State Bicycle
Facilities--Statewide Policies and Recommendations.
(2) The Association of Pedestrian and Bicycle
Professionals--Bicycle Parking Guidelines.
(c) In adopting the regulations pursuant to subdivision (a), the
department shall consult with the State Architect and other
appropriate state agencies, the building and construction industry,
recognized bicycle advocacy groups, the League of California Cities,
the California State Association of Counties, other interested
organizations, and the public.
14692.5. (a) For an existing state-owned building without
adequate short-term visitor bicycle parking, high quality short-term
bicycle parking shall be added before December 1, 2009.
(b) For an existing state-owned building without adequate bicycle
facilities for employees, the addition of secure long-term bicycle
parking, showers, and clothing lockers shall be a priority when the
building is renovated.
(c) For an existing state-leased building, the state shall make
every effort to renegotiate the lease to include provision of
facilities for bicycle commuters and bicycle parking for visitors.
14693. Each state agency shall develop a program to manage its
bicycle facilities so that bicycle parking and lockers are fairly
assigned and access to showers is available. Facilities shall be
available for workers at state buildings, whether they are state
employees, contract employees, interns, or volunteers.
14693.5. Each state agency shall develop a program to promote and
encourage bicycle commuting and the use of bicycles for work-related
trips.
14694. On and after July 1, 2010, a capital plan for, renovation
of, a state building shall be built, designed, and operated in
accordance with the regulations adopted pursuant to subdivision (a)
of Section 14692.
SECTION 1. Section 71601 of the Government Code
is amended to read:
71601. For purposes of this chapter, the following definitions
apply:
(a) "Appointment" means the offer to, and acceptance by, a person
of a position in the trial court in accordance with this chapter and
the trial court's personnel policies, procedures, and plans.
(b) "Employee organization" means either of the following:
(1) Any organization that includes trial court employees and has
as one of its primary purposes representing those employees in their
relations with that trial court.
(2) Any organization that seeks to represent trial court employees
in their relations with that trial court.
(c) "Hiring" means appointment as defined in subdivision (a).
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion, and advice.
(e) "Meet and confer in good faith" means that a trial court or
representatives as it may designate, and representatives of
recognized employee organizations, have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation. The process
shall include an adequate amount of time for the resolution of
impasses where specific procedures for resolution are contained in
this chapter or in a local rule, or when the procedures are utilized
by mutual consent.
(f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
(g) "Promotion" means promotion within the trial court as defined
in the trial court's personnel policies, procedures, and plans,
subject to meet and confer in good faith.
(h) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent trial
court employees by the county under Sections 3500 to 3510, inclusive,
prior to the implementation date of this chapter, or by the trial
court under Rules 2201 to 2210, inclusive, of the California Rules of
Court, as those rules read on April 23, 1997, Sections 70210 to
70219, inclusive, or Article 3 (commencing with Section 71630) of
this chapter.
(i) "Subordinate judicial officer" means an officer appointed to
perform subordinate judicial duties as authorized by Section 22 of
Article VI of the California Constitution, including, but not limited
to, a court commissioner, probate commissioner, referee, traffic
referee, juvenile referee, and judge pro tempore.
(j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
(k) "Trial court" means a superior court.
() "Trial court employee" means a person who is both of the
following:
(1) Paid from the trial court's budget, regardless of the funding
source. For the purpose of this paragraph, "trial court's budget"
means funds from which the presiding judge of a trial court, or his
or her designee, has authority to control, authorize, and direct
expenditures, including, but not limited to, local revenues, all
grant funds, and trial court operations funds.
(2) Subject to the trial court's right to control the manner and
means of his or her work because of the trial court's authority to
hire, supervise, discipline, and terminate employment. For purposes
of this paragraph only, the "trial court" includes the judges of a
trial court or their appointees who are vested with or delegated the
authority to hire, supervise, discipline, and terminate.
(m) (1) A person is a "trial court employee" if and only if both
paragraphs (1) and (2) of subdivision () are true irrespective of job
classification or whether the functions performed by that person are
identified in Rule 810 of the California Rules of Court. The phrase
"trial court employee" includes those subordinate judicial officers
who satisfy paragraphs (1) and (2) of subdivision (). The phrase
"trial court employee" does not include temporary employees hired
through agencies, jurors, individuals hired by the trial court
pursuant to an independent contractor agreement, individuals for whom
the county or trial court reports income to the Internal Revenue
Service on a Form 1099 and does not withhold employment taxes,
sheriffs, and judges whether elected or appointed. Any temporary
employee, whether hired through an agency or not, shall not be
employed in the trial court for a period exceeding 180 calendar days,
except that for court reporters in a county of the first class, a
trial court and a recognized employee organization may provide
otherwise by mutual agreement in a memorandum of understanding or
other agreement.
(2) In Los Angeles County, any limited-term law clerk, whether
hired through an agency or not, shall not be employed in the trial
court for a period exceeding 180 calendar days. Any such limited-term
law clerk employed for more than 180 calendar days is a regular
employee.