SEC. 31.
(a) (1) Except as provided in paragraph (2), the The State shall not harmfully discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, employment or
public education, or public contracting. education, except as specified.(2) (A)Notwithstanding paragraph (1) but subject to approval by the Governor pursuant to the procedures in subparagraph (B), the State may use
any other law, it shall not be considered discrimination or a grant of preferential treatment in violation of paragraph (1) when a state agency or a local agency uses state moneys to fund research-based, or research-informed, research-based or research-informed and culturally specific programs in any industry, including, but not limited to, public employment, employment and public education, and public contracting, if those programs are
if all of the following conditions are satisfied:
(A) The program is established or otherwise implemented by the State for purposes of increasing eliminating legal barriers to the creation of equality and equitable outcomes for all residents of the State in a manner that satisfies both of the following:
(i) Empowers individuals to live longer and healthier lives by increasing the life expectancy health of, improving educational outcomes for, decreasing hate crimes against, or lifting out of poverty specific groups based on race, color, ethnicity, national origin, or marginalized genders, sexes, or sexual orientations.
(B)The Governor shall review and approve or reject an application submitted to the Governor for purposes of subparagraph (A) within 60 days of receiving the application. If the Governor denies the application, the Governor shall notify the applicant and publish on their internet website a message explaining
the basis for the denial.
(ii) Does not utilize harmful discriminatory practices.
(B) The state moneys used are properly appropriated, if applicable, for the program’s purposes.
(3) Paragraph (2) shall not apply to moneys spent for public contracting or moneys spent by the University of California, the California State University, or community college districts.
(b) This section shall apply only to action taken after the section’s effective date.
(c) This section shall not be interpreted as prohibiting bona fide qualifications
based on sex which
that are reasonably necessary to the normal operation of public employment, public education, or public contracting.
(d) This section shall not be interpreted as invalidating any court order or consent decree which that is in force as of the effective date of this section.
(e) This section shall not be interpreted as prohibiting action which that must be taken to establish or maintain eligibility for any federal
program, where ineligibility would result in a loss of federal funds to the State.
(f) This section shall not pertain to issues of public contracting or higher education student admission or enrollment.
(g) The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or national origin, as are otherwise available for violations of then-existing California antidiscrimination law.
(h) This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any
provision held invalid shall be severable from the remaining portions of this section.
(f)
(i) For the purposes of this section, the following definitions apply:
(1) “Culturally specific program” means a program or practice that infuses the history, language, ancestry, traditions, and rituals of a specific race, color, ethnicity, national origin, religion, gender, sex, or sexual orientation into its design and implementation.
(2) “Disaggregated data”
means data that has been broken down into detailed subcategories within ethnic groups, age, sexual orientation, and gender identity, with the intent of identifying the unique differences within groups and addressing more concentrated
disparities facing specific subgroups.
(3) “Local agency” means any city, county, city and county, school district, special district, or any other local political subdivision or local governmental instrumentality of or within the State.
(3)
(4) “Research-based program” means a program or practice that has been tested in a manner that meets all of the following conditions:
(A) The test
is conducted with a single randomized evaluation, a single statistically controlled evaluation, or both.
(B) The test is inclusive and representative of the diverse populations in the state, State, based on the most recent census data.
(C) The test demonstrates sustained desirable outcomes or the weight of the evidence from a systemic review of the test supports sustained outcomes.
(4)
(5) “Research-informed program” means a program or practice that exercises the explicit and judicious use of the best available evidence from multiple sources that use disaggregated data to increase the likelihood of a favorable outcome.
(5)
(6) “State” shall include, but is not limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State.
(7) “State agency” means any governmental instrumentality of or within the State that is not a local agency, including, but not limited to, every state department, division, bureau, board, and commission, but excluding the office of the Governor.
(6)
(8) “State moneys” means all money, bonds, and securities possessed by the State itself.
(g)The remedies available for violations of this section shall be the same, regardless of the injured party’s race, sex, color, ethnicity, or
national origin, as are otherwise available for violations of then-existing California antidiscrimination law.
(h)This section shall be self-executing. If any part or parts of this section are found to be in conflict with federal law or the United States Constitution, the section shall be implemented to the maximum extent that federal law and the United States Constitution permit. Any provision held invalid shall be severable from the remaining portions of this section.