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AB-2441 Public employment: local public transit agencies: autonomous transit vehicle technology.(2021-2022)

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Date Published: 08/29/2022 09:00 PM
AB2441:v96#DOCUMENT

Enrolled  August 29, 2022
Passed  IN  Senate  August 24, 2022
Passed  IN  Assembly  August 25, 2022
Amended  IN  Senate  August 17, 2022
Amended  IN  Senate  June 02, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2441


Introduced by Assembly Member Kalra

February 17, 2022


An act to add Chapter 9.1 (commencing with Section 3125) to Division 4 of Title 1 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2441, Kalra. Public employment: local public transit agencies: autonomous transit vehicle technology.
Existing law creates various transit districts and prescribes requirements applicable to their labor relations, including those that address the recognition and certification of exclusive employee representatives, unit determinations, and procedures for meeting and conferring on matter subject to collective bargaining.
This bill would require a public transit employer to provide written notice to the exclusive employee representative of the workforce affected by autonomous transit vehicle technology of its determination to begin, or its substantive progress toward initiating, any procurement process or a plan to acquire or deploy any autonomous transit vehicle technology for public transit services that would eliminate job functions or jobs of the workforce to which the autonomous transit vehicle technology applies not less than 12 months before commencing the process, plan, or deployment. The bill would require a public transit employer, upon a written request of the exclusive employee representative, to provide specified information to the exclusive employee representative, including the potential gaps in skills that may result from the new service. The bill would require the public transit employer, following the written request for information by the exclusive employee representative, and within 30 days of receiving the specified information, to commence collective bargaining on specified subjects, including creating plans to train and prepare the affected workforce to fill new positions created by the autonomous transit vehicle technology.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Chapter 9.1 (commencing with Section 3125) is added to Division 4 of Title 1 of the Government Code, to read:
CHAPTER  9.1. Public Transit Employer Obligations

3125.
 For the purposes of this chapter:
(a) “Autonomous transit vehicle technology” means technology that has the capability to drive a vehicle without the active physical control by a human operator.
(b) “Plan to acquire or deploy” includes any public notification that initiates acquisition or deployment of autonomous transit vehicle technology.
(c) “Procurement process” means the issuance of a request for proposals, a solicitation of proposals, or a request for quotations.
(d) “Public transit employer” means any local government agency, including any city, county, city and county, special district, transit district, or joint powers authority that provides public transit services within the state.
(e) “Public transit services” means the provision of passenger transportation services by the district to the general public, including paratransit service.

3126.
 (a) A public transit employer shall notify, in writing, the exclusive employee representative of the workforce affected by autonomous transit vehicle technology of its determination to begin, or its substantive progress toward initiating, any procurement process or plan to acquire or deploy any autonomous transit vehicle technology for public transit services as described in subdivision (b) not less than 12 months before commencing the process, plan, or deployment.
(b) The notification required by subdivision (a) shall apply to any autonomous transit vehicle technology for public transit services, including automated vehicles, that eliminates job functions or jobs of the workforce to which the autonomous transit vehicle technology will apply.
(c) After the notification required by subdivision (a) and upon written request by the exclusive employee representative, the public transit employer, within 15 days of its next regular governing board meeting, shall provide the following information to the exclusive employee representative:
(1) A comprehensive analysis of the effects of new products, services, or type of operation on workers, including workers who may not be adequately skilled in their use or may be fully displaced by them.
(2) The potential gaps in skills that may result from the new service on the workers to which it will apply.
(3) The total amount budgeted for, and descriptions of, training and retraining programs for affected workers.
(d) Nothing in this section shall supersede the exclusive employee representative’s right to disclosure of information by the public transit employer pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)).

3127.
 (a) Following the written request by the exclusive employee representative and within 30 days of receiving the information required by subdivision (c) of Section 3126 the public transit employer shall commence collective bargaining.
(b) The exclusive employee representative and the public transit employer shall bargain over the following subjects:
(1) Developing the new autonomous transit vehicle technology.
(2) Implementing the new autonomous transit vehicle technology.
(3) Creating a transition plan for affected workers.
(4) Creating plans to train and prepare the affected workforce to fill new positions created by a new autonomous transit vehicle technology.

3128.
 This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.

3129.
 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.