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AB-2538 Department of Forestry and Fire Protection: seasonal firefighters.(2023-2024)

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Date Published: 09/03/2024 09:00 PM
AB2538:v96#DOCUMENT

Enrolled  September 03, 2024
Passed  IN  Senate  August 28, 2024
Passed  IN  Assembly  August 29, 2024
Amended  IN  Senate  June 27, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2538


Introduced by Assembly Member Grayson

February 13, 2024


An act to add and repeal Section 19846.2 of the Government Code, relating to public employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2538, Grayson. Department of Forestry and Fire Protection: seasonal firefighters.
The California Constitution establishes certain conditions of employment for state officers and employees. The California Constitution further permits a temporary appointment to be made to a state position if there is not an employment list, and prohibits a person from serving under the position of temporary appointment for longer than 9 months in 12 consecutive months.
Existing law establishes that it is the policy of the state that the normal workweek of permanent employees in fire suppression classes of the Department of Forestry and Fire Protection (CAL-FIRE) not exceed 84 hours per week. Existing law authorizes work in excess of the designated normal workweek to be compensated in cash or time off in accordance with department regulations.
This bill would require the Department of Human Resources, the State Personnel Board, and any other relevant state agency to take the necessary actions to ensure that CAL-FIRE may employ seasonal firefighters for longer than 9 months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages. The bill would require the Director of Forestry and Fire Protection, in any consecutive 12-month period, to make a determination about current staffing levels for firefighters, as prescribed, and would require Cal-FIRE to employ seasonal firefighters through the use of an employment list. The bill would require CAL-FIRE to notify specified legislative committees and the Legislative Analyst’s Office within 30 days of the director’s determination. The bill would require CAL-FIRE, beginning January 1, 2025, to work with the Department of Human Resources to implement these changes. The bill would also require the Legislative Analyst’s Office to provide a report to the Legislature that assesses the impacts and outcomes of the new authority, as specified. The bill would repeal these provisions on January 1, 2031.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 19846.2 is added to the Government Code, to read:

19846.2.
 (a) (1) Notwithstanding any other law, the Department of Human Resources, the State Personnel Board, and any other relevant state agency shall take the necessary actions to ensure that the Department of Forestry and Fire Protection (CAL-FIRE) may employ seasonal firefighters for longer than 9 months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages in accordance with this section.
(2) In any consecutive 12-month period, the Director of Forestry and Fire Protection shall determine if current staffing levels for firefighters are insufficient to respond to state needs concerning fire protection, emergency response, and stewardship of the state’s natural resources, thereby requiring the employment of seasonal firefighters pursuant to paragraph (1).
(3) CAL-FIRE shall notify the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Natural Resources and Water Committee, the Assembly Natural Resources Committee, and the Legislative Analyst’s Office within 30 days of the director making a determination pursuant to paragraph (2).
(4) CAL-FIRE shall employ seasonal firefighters pursuant to this subdivision through the use of an employment list.
(b) Beginning January 1, 2025, the Department of Forestry and Fire Protection shall work with the Department of Human Resources to implement the changes necessary to comply with subdivision (a).
(c) On or before January 10, 2030, the Legislative Analyst’s Office shall provide a report to the Legislature that assesses the impacts and outcomes of the authority provided in subdivision (a) on CAL-FIRE’s capacity to confront emergency fire conditions and personnel shortages. This assessment shall include information on the numbers and hours of seasonal firefighters employed for longer than 9 months in a consecutive 12-month period. This assessment shall also include an analysis of any impacts of this authority on CAL-FIRE’s implementation of the 66-hour workweek. This report shall be submitted in compliance with Section 9795 of the Government Code.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.