Bill Text: CA SB1340 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Discrimination.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-03 - Set for hearing May 13. [SB1340 Detail]

Download: California-2023-SB1340-Amended.html

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Amended  IN  Senate  March 20, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1340

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Introduced by Senator Smallwood-Cuevas

February 16, 2024

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An act to amend Section Sections 12930, 12965, and 12993 of, and to add Article 1.1 (commencing with Section 12978) to Chapter 7 of Part 2.8 of Division 3 of Title 2 of, the Government Code, and to add Sections 6990.2 and 6990.3 to the Public Contract Code, relating to civil rights. discrimination.

LEGISLATIVE COUNSEL'S DIGEST

SB 1340, as amended, Smallwood-Cuevas. Civil rights: discrimination: enforcement. Discrimination.

Existing law establishes the Civil Rights Department (department) and prescribes its functions, duties, and powers, including to receive, investigate, conciliate, mediate and prosecute complaints alleging employment discrimination pursuant to specified laws. The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act (act) prohibits discrimination in housing and employment on specified bases and provides procedures for enforcement by the Civil Rights Department (department). bases. Existing law establishes the Civil Rights Department (department) and prescribes its functions, duties, and powers, including to receive, investigate, conciliate, mediate and prosecute complaints alleging employment discrimination pursuant to specified laws, including the Unruh Civil Rights Act and the act. The act prescribes procedures and remedies available in the case of failure to eliminate an unlawful practice under its provisions through specified means, including authorizing a court to assess a civil penalty against a defendant, as specified.

This bill would specify that the department’s duties include receiving, investigating, conciliating, mediating, and prosecuting complaints arising from unlawful practices by a contractor or subcontractor in connection with an agreement with a state agency for an infrastructure project. The bill would, in an action arising from unlawful practices by a contractor or subcontractor in connection with an agreement with a state agency for an infrastructure project, authorize the court to cancel the agreement.

This bill would require the department, in collaboration with the Division of Labor Standards Enforcement, to develop partnerships with local agencies that allow local agencies to assist with preventing and eliminating unlawful practices under the act, as specified. The bill would require a local agency that pursues a complaint pursuant to these provisions to receive, investigate, and adjudicate the complaint using procedures that are substantially similar to the procedures described above within one year of the complaint being filed with the local agency. The bill would authorize a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department that requests that the complaint be pursued by a local agency pursuant to these provisions. The bill would prescribe procedures of a complaint pursued by a local agency. The bill would require the department to include information about local agencies entering partnerships and complaints being processed by local agencies pursuant to these provisions, as specified. The bill would define various terms for these purposes.

Existing law specifies that while it is the intention of the Legislature that the act occupy the field of regulation of discrimination in employment and housing, the act does not limit or restrict the application of the Unruh Civil Rights Act.

This bill would, commencing on January 1, 2026, also specify that nothing in the act shall be construed to limit or restrict efforts by local entities to enforce state law prohibiting discrimination against classes of persons covered by the act in employment, provided that the enforcement complies with the provisions described above.

Existing law requires specified state agencies to convene relevant stakeholders to provide input on recommendations to establish terms to be included as a material part of a contract, including measurable results to ensure that investments maximize benefits to marginalized and disadvantaged communities, meet with those stakeholders, as specified, and consult with the department and other specified entities for the purposes of developing those recommendations, as specified. Existing law states the intent of the Legislature in enacting those provisions to develop procurement models in alignment with initiatives to enhance the state’s training and access pipeline for quality jobs and the application of community benefits on infrastructure and manufacturing investments funded by specified federal law.

This bill would require the department to establish and maintain a comprehensive database to track all infrastructure contracting and procurement activities by state agencies, as specified. The bill would require the department to collaborate with relevant state agencies, local governments, and stakeholders to develop and implement strategies for promoting diversity, equity, and inclusion in public infrastructure contracting and procurement. The bill would require the department to conduct outreach and educational activities to raise awareness of civil rights laws and regulations that impact public infrastructure contracting and procurement.

Existing law establishes the Department of Industrial Relations, one of the functions of which is to foster, promote, and develop the welfare of wage earners of California, to improve their conditions, and to advance their opportunities for profitable employment.

This bill would require the Department of Industrial Relations to establish a California Public Infrastructure Task Force, consisting of specified members, to, among other things, regularly conduct meetings to make recommendations regarding recruiting and removing barriers to employment in public infrastructure projects for underrepresented communities and to provide ongoing compliance assistance to contractors and subcontractors in public infrastructure projects regarding their nondiscrimination obligations.

This bill would state the intent of the Legislature that, to the extent possible, the funding for the bill’s provisions would include specified federal law.

Digest Key

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

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Bill Text

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

SECTION 1.

 It is the intent of the Legislature that, to the extent possible, the funding for this act include, but not be limited to, the federal Infrastructure Investment and Jobs Act, the Inflation Reduction Act of 2022, and the CHIPS and Science Act of 2022.

SEC. 2.

 Section 12930 of the Government Code is amended to read:

12930.

 The department shall have the following functions, duties, and powers:

(a) To establish and maintain a principal office and any other offices within the state as are necessary to carry out the purposes of this part.

(b) To meet and function at any place within the state.

(c) To appoint attorneys, investigators, conciliators, mediators, and other employees as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.

(d) To obtain upon request and utilize the services of all governmental departments and agencies and, in addition, with respect to housing discrimination, of conciliation councils.

(e) To adopt, promulgate, amend, and rescind suitable procedural rules and regulations to carry out the investigation, prosecution, and dispute resolution functions and duties of the department pursuant to this part.

(f) (1) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Chapter 6 (commencing with Section 12940). 12940), including, but not limited to, complaints arising from unlawful practices by a contractor or subcontractor in connection with an agreement with a state agency for an infrastructure project.

(2) To receive, investigate, conciliate, mediate, and prosecute complaints alleging a violation of Section 51, 51.5, 51.7, 51.9, 54, 54.1, or 54.2 of the Civil Code. Code, including, but not limited to, complaints arising from unlawful practices by a contractor or subcontractor in connection with an agreement with a state agency for an infrastructure project. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.

(3) To receive, investigate, conciliate, mediate, and prosecute complaints alleging, and to bring civil actions pursuant to Section 52.5 of the Civil Code for, a violation of Section 236.1 of the Penal Code. Damages awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the person harmed by the violation of Section 236.1 of the Penal Code. Costs and attorney’s fees awarded in any action brought by the department pursuant to Section 52.5 of the Civil Code shall be awarded to the department. The remedies and procedures of this part shall be independent of any other remedy or procedure that might apply.

(4) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1, except for complaints relating to educational equity brought under Chapter 2 (commencing with Section 200) of Part 1 of Division 1 of Title 1 of the Education Code and investigated pursuant to the procedures set forth in Subchapter 5.1 of Title 5 of the California Code of Regulations, and not otherwise within the jurisdiction of the department.

(5) To receive, investigate, conciliate, mediate, and prosecute complaints alleging practices made unlawful pursuant to Section 1197.5 of the Labor Code. The department shall, in coordination with the Division of Labor Standards Enforcement within the Department of Industrial Relations, adopt procedures to ensure that the departments coordinate activities to enforce Section 1197.5 of the Labor Code. Code, including, but not limited to, complaints arising from unlawful practices by a contractor or subcontractor in connection with an agreement with a state agency for an infrastructure project.

(A) Nothing in this part prevents the director or the director’s authorized representative, in that person’s discretion, from making, signing, and filing a complaint pursuant to Section 12960 or 12961 alleging practices made unlawful under Section 11135.

(B) Remedies available to the department in conciliating, mediating, and prosecuting complaints alleging these practices are the same as those available to the department in conciliating, mediating, and prosecuting complaints alleging violations of Article 1 (commencing with Section 12940) of Chapter 6.

(g) In connection with any matter under investigation or in question before the department pursuant to a complaint filed under Section 12960, 12961, or 12980:

(1) To issue subpoenas to require the attendance and testimony of witnesses and the production of books, records, documents, and physical materials.

(2) To administer oaths, examine witnesses under oath and take evidence, and take depositions and affidavits.

(3) To issue written interrogatories.

(4) To request the production for inspection and copying of books, records, documents, and physical materials.

(5) To petition the superior courts to compel the appearance and testimony of witnesses, the production of books, records, documents, and physical materials, and the answering of interrogatories.

(h) To bring civil actions pursuant to Section 12965 or 12981 of this code, or Title VII of the Civil Rights Act of 1964 (Public Law 88-352; 42 U.S.C. Sec. 2000 et seq.), as amended, the federal Americans with Disabilities Act of 1990 (Public Law 101-336; 42 U.S.C. 12101, et seq.), as amended, or the federal Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), and to prosecute those civil actions before state and federal trial courts.

(i) To issue those publications and those results of investigations and research as in its judgment will tend to promote goodwill and minimize or eliminate discrimination in employment on the bases enumerated in this part and discrimination in housing because of race, religious creed, color, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, familial status, disability, veteran or military status, genetic information, or sexual orientation.

(j) To investigate, approve, certify, decertify, monitor, and enforce nondiscrimination programs proposed by a contractor to be engaged in pursuant to Section 12990.

(k) To render annually to the Governor and to the Legislature a written report of its activities and of its recommendations.

(l) To conduct mediations at any time after a complaint is filed pursuant to Section 12960, 12961, or 12980. The department may end mediation at any time.

(m) The following shall apply with respect to any accusation pending before the former Fair Employment and Housing Commission on or after January 1, 2013:

(1) If an accusation issued under former Section 12965 includes a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, or if an accusation is amended for the purpose of adding a prayer either for damages for emotional injuries as a component of actual damages, or for administrative fines, or both, with the consent of the party accused of engaging in unlawful practices, the department may withdraw an accusation and bring a civil action in superior court.

(2) If an accusation was issued under former Section 12981, with the consent of the aggrieved party filing the complaint, an aggrieved person on whose behalf a complaint is filed, or the party accused of engaging in unlawful practices, the department may withdraw the accusation and bring a civil action in superior court.

(3) Where removal to court is not feasible, the department shall retain the services of the Office of Administrative Hearings to adjudicate the administrative action pursuant to Sections 11370.3 and 11502.

(n) On a challenge, pursuant to Section 1094.5 of the Code of Civil Procedure, to a decision of the former Fair Employment and Housing Commission pending on or after January 1, 2013, the director or the director’s designee shall consult with the Attorney General regarding the defense of that writ petition.

(o) By performing the functions and duties and exercising the powers set forth in this part, the department represents the interests of the state and effectuates the declared public policy of the state to protect and safeguard the rights and opportunities of all persons from unlawful discrimination and other violations of this part. This subdivision is declarative of existing law as stated in Department of Fair Employment and Housing v. Cathy’s Creations, Inc. (2020) 54 Cal.App.5th 404, 410.

SEC. 3.

 Section 12965 of the Government Code is amended to read:

12965.

 (a) (1) In the case of failure to eliminate an unlawful practice under this part through conference, conciliation, mediation, or persuasion, or in advance thereof if circumstances warrant, the director in the director’s discretion may bring a civil action in the name of the department, acting in the public interest, on behalf of the person claiming to be aggrieved.

(2) Prior to filing a civil action, the department shall require all parties to participate in mandatory dispute resolution in the department’s internal dispute resolution division free of charge to the parties in an effort to resolve the dispute without litigation.

(3) In a civil action, the person claiming to be aggrieved shall be the real party in interest and shall have the right to participate as a party and be represented by that person’s own counsel.

(4) A civil action under this subdivision shall be brought in a county in which the department has an office, in a county in which unlawful practices are alleged to have been committed, in the county in which records relevant to the alleged unlawful practices are maintained and administered, in the county in which the person claiming to be aggrieved would have worked or would have had access to public accommodation, but for the alleged unlawful practices, in the county of the defendant’s residence or principal office, or, if the civil action includes class or group allegations on behalf of the department, in any county in the state.

(5) (A) A complaint treated by the director as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to Section 12961, a civil action shall be brought, if at all, within two years after the filing of the complaint.

(B) For a complaint alleging a violation of Section 51.7 of the Civil Code, a civil action shall be brought, if at all, within two years after the filing of the complaint.

(C) For a complaint other than those specified in subparagraphs (A) and (B), a civil action shall be brought, if at all, within one year after the filing of a complaint.

(D) The deadlines specified in subparagraphs (A), (B), and (C), shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it.

(b) For purposes of this section, filing a complaint means filing a verified complaint.

(c) (1) (A) Except as specified in subparagraph (B), if a civil action is not brought by the department pursuant to subdivision (a) within 150 days after the filing of a complaint, or if the department earlier determines that no civil action will be brought pursuant to subdivision (a), the department shall promptly notify, in writing, the person claiming to be aggrieved that the department shall issue, on request, the right-to-sue notice. If the person claiming to be aggrieved does not request a right-to-sue notice, the department shall issue the notice upon completion of its investigation, and not later than one year after the filing of the complaint.

(B) For a complaint treated as a group or class complaint for purposes of investigation, conciliation, mediation, or civil action pursuant to subdivision (b) of Section 12961, the department shall issue a right-to-sue notice upon completion of its investigation, and not later than two years after the filing of the complaint.

(C) The notices specified in subparagraphs (A) and (B) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.

(D) This paragraph applies only to complaints alleging unlawful employment practices under Article 1 (commencing with Section 12940) of Chapter 6.

(E) The deadlines specified in subparagraphs (A) and (B) shall be tolled during a mandatory or voluntary dispute resolution proceeding commencing on the date the department refers the case to its dispute resolution division and ending on the date the department’s dispute resolution division closes its mediation record and returns the case to the division that referred it.

(2) A city, county, or district attorney in a location having an enforcement unit established on or before March 1, 1991, pursuant to a local ordinance enacted for the purpose of prosecuting HIV/AIDS discrimination claims, acting on behalf of any person claiming to be aggrieved due to HIV/AIDS discrimination, may also bring a civil action under this part against the person, employer, labor organization, or employment agency named in the notice.

(3) The superior courts of the State of California shall have jurisdiction of actions brought pursuant to this section, and the aggrieved person may file in these courts. An action may be brought in any county in the state in which the unlawful practice is alleged to have been committed, in the county in which the records relevant to the practice are maintained and administered, or in the county in which the aggrieved person would have worked or would have had access to the public accommodation but for the alleged unlawful practice, but if the defendant is not found within any of these counties, an action may be brought within the county of the defendant’s residence or principal office.

(4) A copy of any complaint filed pursuant to this part shall be served on the principal offices of the department. The remedy for failure to send a copy of a complaint is an order to do so.

(5) A civil action brought pursuant to this section shall not be filed as class actions and shall not be maintained as class actions by the person or persons claiming to be aggrieved if those persons have filed a civil class action in the federal courts alleging a comparable claim of employment discrimination against the same defendant or defendants.

(6) In civil actions brought under this section, the court, in its discretion, may award to the prevailing party, including the department, reasonable attorney’s fees and costs, including expert witness fees, except that, notwithstanding Section 998 of the Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly became so.

(d) A court may grant as relief in any action filed pursuant to subdivision (a) any relief a court is empowered to grant in a civil action brought pursuant to subdivision (c), in addition to any other relief that, in the judgment of the court, will effectuate the purpose of this part. This relief may include a requirement that the employer conduct training for all employees, supervisors, and management on the requirements of this part, the rights and remedies of those who allege a violation of this part, and the employer’s internal grievance procedures. This relief may also include any relief available under any law enforced by the department pursuant to Section 12930. In addition, in order to vindicate the purposes and policies of this part, a court may assess against the defendant, if the civil complaint or amended civil complaint so prays, a civil penalty of up to twenty-five thousand dollars ($25,000) to be awarded to a person denied any right provided for by Section 51.7 of the Civil Code, as an unlawful practice prohibited under this part. In addition, in an action arising from unlawful practices by a contractor or subcontractor in connection with an agreement with a state agency for an infrastructure project, a court may cancel the agreement.

(e) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:

(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.

(B) The investigation of the charge is deferred by the department to the Equal Employment Opportunity Commission.

(C) A right-to-sue notice is issued to the person claiming to be aggrieved upon deferral of the charge by the department to the Equal Employment Opportunity Commission.

(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.

(3) This subdivision is intended to codify the holding in Downs v. Department of Water and Power of City of Los Angeles (1997) 58 Cal.App.4th 1093.

(f) (1) Notwithstanding subdivision (c), the one-year statute of limitations, commencing from the date of the right-to-sue notice by the department, to the person claiming to be aggrieved, shall be tolled when all of the following requirements have been met:

(A) A charge of discrimination or harassment is timely filed concurrently with the Equal Employment Opportunity Commission and the department.

(B) The investigation of the charge is deferred by the Equal Employment Opportunity Commission to the Civil Rights Department.

(C) After investigation and determination by the department, the Equal Employment Opportunity Commission agrees to perform a substantial weight review of the determination of the department or conducts its own investigation of the claim filed by the aggrieved person.

(2) The time for commencing an action for which the statute of limitations is tolled under paragraph (1) shall expire when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later.

SECTION 1.SEC. 4.

 Article 1.1 (commencing with Section 12978) is added to Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code, to read:

Article  1.1. Local Agency Enforcement of Unlawful Practices

12978.

 For purposes of this article, the following definitions apply:

(a) “Article 1” means Article 1 (commencing with Section 12960).

(b) “Local agency” means a city, county, city and county, or other political subdivision of the state.

(c) “Unlawful practice” means a violation of Article 1 (commencing with Section 12940) of Chapter 6.

12978.2.

 (a) The department, in collaboration with the Division of Labor Standards Enforcement, shall develop partnerships with local agencies that allow local agencies to assist with preventing and eliminating unlawful practices.

(b) The department shall not enter into a partnership with a local agency until the local agency demonstrates to the department’s satisfaction that the local agency has the capacity to comply with subdivision (c).

(c) A local agency that pursues a complaint pursuant to this article shall receive, investigate, and adjudicate the complaint using procedures that are substantially similar to those described in Article 1 within one year of the complaint being filed with the local agency.

12978.4.

 (a) A person claiming to be aggrieved by an alleged unlawful practice may file a verified complaint with the department on a form developed by the department for purposes of this article that requests that the person’s complaint be pursued by a local agency pursuant to this article.

(b) Within five business days of receiving a complaint described in subdivision (a), the department shall issue a letter to the complainant that authorizes the complainant to pursue the complaint through a local agency that has entered into a partnership pursuant to Section 12978.2.

(c) A complainant who receives a letter pursuant to subdivision (b) shall pursue their complaint with the local agency through procedures prescribed by the local agency within one year of receipt of the letter.

(d) Prior to initiating a review of a complaint, a local agency shall require the complainant to provide evidence that the complainant received a letter described in subdivision (b).

12978.6.

 (a) (1) If a local agency determines that a complainant is not entitled to relief, the local agency shall provide written notice of both of the following:

(A) The decision denying relief.

(B) Any applicable statute of limitations for the complainant to seek relief pursuant to Article 1 or a private right of action.

(2) A complainant who receives notice pursuant to paragraph (1) may pursue a complaint pursuant to Article 1 or a private right of action within six months of the local agency’s determination.

(3) If a complainant pursues a complaint pursuant to Article 1 or a private right of action as described in paragraph (2), the local agency’s determination shall not be binding on the department or the superior court.

(b) (1) A respondent may appeal a local agency’s determination that a respondent engaged in an unlawful practice in a superior court in a manner that is substantially similar to an appeal of a decision made pursuant to Article 1.

(2) If a respondent is unsuccessful in an appeal brought pursuant to paragraph (1), the superior court may award reasonable attorney’s fees and costs to the local agency.

12978.8.

 (a) A complainant shall not be required to pursue a complaint pursuant to Article 1 before pursuing a complaint pursuant to this article.

(b) A complainant shall not be required to pursue a complaint pursuant to this article before pursuing a complaint pursuant to Article 1.

(c) A complainant shall not pursue a complaint pursuant to this article and pursuant to Article 1 simultaneously.

(d) If a complainant pursues a complaint with a local agency pursuant to this article, the complainant shall not pursue a complaint arising out of the same underlying facts and circumstances in a different local agency at any time thereafter.

(e) If a complainant pursues a complaint pursuant to Article 1, the complainant shall not pursue a complaint arising out of the same underlying facts and circumstances pursuant to this article at any time thereafter.

(f) If a local agency determines that a complainant is entitled to relief, a complainant shall not pursue a complaint arising out of the same underlying facts and circumstances pursuant to Article 1 at any time thereafter.

12978.10.

 The department shall include in the annual report required by subdivision (k) of Section 12930 all of the following information:

(a) A list of the local agencies that have entered into partnerships pursuant to Section 12978.2.

(b) The number of complaints processed by local agencies pursuant to this article that year.

(c) A summary of the results of the cases processed by local agencies pursuant to this article that year.

SEC. 2.SEC. 5.

 Section 12993 of the Government Code is amended to read:

12993.

 (a) The provisions of this part shall be construed liberally for the accomplishment of the purposes of this part. This part does not repeal any of the provisions of civil rights law or of any other law of this state relating to discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, reproductive health decisionmaking, or sexual orientation, unless those provisions provide less protection to the enumerated classes of persons covered under this part.

(b) The provisions in this part relating to discrimination in employment on account of sex or medical condition do not affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan, provided the terms or conditions are in accordance with customary and reasonable or actuarially sound underwriting practices.

(c) (1) It is the intention of the Legislature to occupy the field of regulation of discrimination in employment and housing encompassed by the provisions of this part, exclusive of all other laws banning discrimination in employment and housing by any city, city and county, county, or other political subdivision of the state.

(2) Notwithstanding paragraph (1), this part does not limit or restrict the application of Section 51 of the Civil Code.

(3) Notwithstanding paragraph (1), this part does not limit or restrict efforts by any city, city and county, county, or other political subdivision of the state to enforce state law prohibiting discrimination against any of the enumerated classes of persons covered under this part in employment, provided that the enforcement complies with Article 1.1 (commencing with Section 12978) of Chapter 7.

(d) The amendments made by the act adding this subdivision shall become operative on January 1, 2026.

SEC. 6.

 Section 6990.2 is added to the Public Contract Code, to read:

6990.2.

 (a) For purposes of this section:

(1) “Department” means the Civil Rights Department.

(2) “Local government” means a city, county, city or county, or public or municipal corporation.

(3) “State agency” means a state agency as defined in Section 11000 of the Government Code.

(b) The department shall establish and maintain a comprehensive database to track all infrastructure contracting and procurement activities by state agencies, which shall include, but shall not be limited to, all of the following:

(1) Contracts awarded by state agencies, including, but not limited to, project details, pay scales for employees of the contractors and subcontractors, and relevant compliance measures or terms.

(2) Contractors and subcontractors utilized by state agencies.

(3) Demographic data of employees of contractors and subcontractors utilized by state agencies, including, but not limited to, all of the following:

(A) Race.

(B) Gender.

(C) Marital status.

(D) County of residence.

(c) The department shall annually publish a report summarizing the data collected pursuant to subdivision (b) that includes both of the following:

(1) Any disparities or trends the department observed.

(2) Recommendations for improving equity and inclusion in public infrastructure and procurement.

(d) The department shall collaborate with relevant state agencies, local governments, and stakeholders to develop and implement strategies for promoting diversity, equity, and inclusion in public infrastructure contracting and procurement.

(e) The department shall conduct outreach and educational activities to raise awareness of civil rights laws and regulations that impact public infrastructure contracting and procurement.

SEC. 7.

 Section 6990.3 is added to the Public Contract Code, to read:

6990.3.

 (a) The Department of Industrial Relations shall establish a California Public Infrastructure Task Force, which shall consist of representatives from all of the following entities that engage in public infrastructure contracting and procurement projects:

(1) State agencies.

(2) Local governments and agencies.

(3) Contractors and subcontractors.

(4) Unions.

(5) Apprenticeship and preapprenticeship programs.

(6) Job and worker centers.

(7) Community colleges.

(8) Tribal Employment Rights offices.

(9) Women in Apprenticeship and Nontraditional Occupations grantees.

(b) The task force shall do all of the following:

(1) Regularly conduct meetings to make recommendations regarding recruiting and removing barriers to employment in public infrastructure projects for underrepresented communities.

(2) Conduct outreach and engagement activities with contractors and subcontractors to promote employment in public infrastructure projects for underrepresented communities.

(3) Provide ongoing compliance assistance at the prebid and postbid stages to contractors and subcontractors in public infrastructure projects regarding their nondiscrimination obligations.

(4) Evaluate the efforts of contractors and subcontractors to recruit and utilize talent from underrepresented communities in public infrastructure projects.