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AB-1254 State employees: compensation: firefighters. (2023-2024)

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Date Published: 02/16/2023 09:00 PM
AB1254:v99#DOCUMENT

Revised  April 12, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1254

Introduced by Assembly Member Flora
(Coauthors: Assembly Members Addis and Haney)

February 16, 2023

An act to add Section 19827.4 to the Government Code, relating to state employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 1254, as introduced, Flora. State employees: compensation: firefighters.
Existing law provides that in order for the state to recruit skilled firefighters for the Department of Forestry and Fire Protection, it is the policy of the state to consider prevailing salaries and benefits prior to making salary recommendations. Existing law requires the Department of Human Resources, in order to provide comparability in pay, to take into consideration the salary and benefits of other jurisdictions employing 75 or more full-time firefighters who work in California.
This bill would require the state to pay firefighters who are rank-and-file members of State Bargaining Unit 8, employed by the Department of Forestry and Fire Protection, within 15% of the average salary for corresponding ranks in 20 listed California fire departments. The bill would require the state and the exclusive representative for State Bargaining Unit 8 to jointly survey annually and calculate the estimated average salaries for those fire departments. The bill would provide that when determining compensation for uniformed classifications of the department, it is the policy of the state to consider the salary of corresponding ranks within the comparable jurisdictions listed, as well as other factors, including internal comparisons. The bill would require any salary increase for firefighters under these provisions to be implemented through a memorandum of understanding, in accordance with specified procedures governing collective bargaining agreements. The bill would include related legislative findings.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) Historic fires of the past decade have resulted in well over 100 deaths, caused billions of dollars in damage, destroyed entire communities, and placed overworked firefighters at risk.
(b) Firefighters with the Department of Forestry and Fire Protection (CAL-FIRE) have the most diverse work responsibilities of any firefighters, which includes fire of all types, floods, earthquakes, and all natural disasters.
(c) Climate change is creating an environment where wildfires burn with greater ferocity and that trend is systemic.
(d) The mental health of CAL-FIRE firefighters is placed at risk by the extremely long hours working under extreme duress, sometimes for a month on duty without a day off.
(e) The physical risk of working long hours at point zero at these fires that burn for weeks and send dangerous particulates into the air causes immediate and long-term physical and mental health risks.

SEC. 2.

 Section 19827.4 is added to the Government Code, to read:

19827.4.
 (a) Notwithstanding any other law, in order to recruit and retain the highest qualified and skilled firefighters for the Department of Forestry and Fire Protection, the state shall pay firefighters who are rank-and-file members of State Bargaining Unit 8 within 15 percent of the average of the salary for corresponding ranks in the 20 California fire departments, agreed to by the exclusive bargaining representative for Bargaining Unit 8 and the Department of Human Resources in 2017, as follows:
(1) The City of Bakersfield.
(2) The City of Chula Vista.
(3) The City of Corona.
(4) The City of Escondido.
(5) The City of Fullerton.
(6) The City of Hayward.
(7) Livermore-Pleasanton Fire Department.
(8) The County of Los Angeles.
(9) The City of Milpitas.
(10) Novato Fire District.
(11) The City of Ontario.
(12) The City of Oxnard.
(13) The City of Rialto.
(14) The City of Roseville.
(15) The City of San Bernardino.
(16) The City of San Mateo.
(17) The City of Santa Monica.
(18) The City of Stockton.
(19) The City of Torrance.
(20) The County of Ventura.
(b) The state and the exclusive representative for State Bargaining Unit 8 shall jointly survey annually and calculate the estimated average salaries of the departments listed in paragraphs (1) to (20), inclusive, of subdivision (a), based on the projected average total salary for those departments as of July 1 of the year in which the survey is conducted.
(c) When determining compensation for uniformed classifications of the Department of Forestry and Fire Protection, it is the policy of the state to consider the salary of corresponding ranks within the comparable jurisdictions listed in paragraphs (1) to (20) of subdivision (a), inclusive, as well as other factors, including internal comparisons.
(d) Any increase in salary for firefighters who are members of State Bargaining Unit 8 resulting from this section shall be implemented through a memorandum of understanding negotiated pursuant to the Ralph C. Dills Act (Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1).
(e) If the provisions of this section are in conflict with the provisions of a memorandum of understanding reached pursuant to Section 3517.5, the memorandum of understanding shall be controlling without further legislative action, except that if the provisions of a memorandum of understanding require the expenditure of funds, the provision shall not become effective unless approved by the Legislature and the annual Budget Act.

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REVISIONS:
Heading—Line 2.
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