Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250SB__118599INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-18</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1185</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Cortese</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Cortese</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to add Chapter 6.98 (commencing with Section 25600) to Division 20 of the Health and Safety Code, relating to hazardous materials. </ns0:Title>
<ns0:RelatingClause>hazardous materials</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Pharmaceutical facilities: skilled and trained workforce.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law requires a skilled and trained workforce to be used in the construction, alteration, demolition, installation, repair, or maintenance work of certain public works and privately-owned facilities engaged in certain petroleum-related activities, manufacturing hydrogen, biofuels, or certain specified chemicals, or capturing, sequestering, or using carbon dioxide, as specified. Existing law defines “skilled and trained workforce” to include, among other criteria, skilled journeypersons who are paid at least a rate equivalent to the applicable prevailing hourly wage rate.</html:p>
<html:p>This bill would require an owner, operator, or developer of a facility that will be used for the research, development, or production of pharmaceutical products to, when contracting for the performance of construction, alteration, demolition, installation, repair, or
maintenance work on the facility, require that its contractors and subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades, and would require all contractors and subcontractors performing the work to use a skilled and trained workforce. The bill would require the owner, operator, or developer of the facility to provide to the Labor Commissioner a monthly report demonstrating compliance with the bill’s provisions that includes, among other things, the full name and other identifying information relating to each worker relied on to satisfy the apprenticeship graduation percentage requirements. If the Labor Commissioner determines that a contractor or subcontractor failed to use a skilled and trained workforce, the bill would require the contractor or subcontractor to forfeit, as a civil penalty to the state, up to $5,000 per month of work performed for a first violation, and, for a second or subsequent violation,
up to $10,000 per month of work performed. The bill would authorize the Labor Commissioner to reduce or waive the penalty under specified circumstances.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_EE3F16C3-EF4D-43BB-BC9F-1E4D453F6CFC">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The use of unskilled and untrained construction workers to perform work on pharmaceutical facilities is a risk to public health and safety because these facilities must often meet heightened standards for cleanliness, security, pathogen control, and operational continuity and may need to be repurposed to respond to a public health crisis.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
These risks can be ameliorated by requiring contractors and subcontractors that build and maintain pharmaceutical facilities to use a skilled and trained workforce.
</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_CF53C7BD-F567-41DF-9B3F-D3351DD4B4E9">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'20.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.98.'%5D)" ns3:label="fractionType: LAW_SPREAD||commencingWith: 25600">
Chapter 6.98 (commencing with Section 25600) is added to Division 20 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawHeading type="CHAPTER" id="id_742A1BA8-8D10-4BAF-81B3-B7A8785C27A1">
<ns0:Num>6.98.</ns0:Num>
<ns0:LawHeadingVersion id="id_330B1E8E-30A8-4B52-A27B-12B5B584DE99">
<ns0:LawHeadingText>Pharmaceutical Research, Development, and Production Facilities</ns0:LawHeadingText>
</ns0:LawHeadingVersion>
<ns0:LawSection id="id_3D08D45E-11A1-429C-B638-8F685840FDEC">
<ns0:Num>25600.</ns0:Num>
<ns0:LawSectionVersion id="id_BFBC2AFB-8F6B-45E6-AF7C-3CC7437C98BA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
An owner, operator, or developer of a facility that will be used for the research, development, or production of pharmaceutical products shall, when contracting for the performance of initial and subsequent construction, alteration, demolition, installation, repair, or maintenance work on the facility, require that its contractors and any subcontractors use a skilled and trained workforce to perform all onsite work within an apprenticeable occupation in the building and construction trades. All contractors and subcontractors performing work covered by this subdivision shall use a skilled and trained workforce to perform this work.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of paragraph (2) of subdivision (b) of Section 3075 of the Labor Code, a facility covered by
this section shall be considered in determining whether existing apprenticeship programs do not have the capacity, or have neglected or refused, to dispatch sufficient apprentices to qualified employers who are willing to abide by the applicable apprenticeship standards.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section does not apply to the employees of the owner or operator of the facility or prevent the owner or operator from using its own employees to perform any work that has not been assigned to contractors while the employees of the contractor are present and working.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An apprenticeship program approved by the chief may enroll, with advanced standing, applicants with relevant prior work experience at a facility that is subject to this section, in accordance with the approved apprenticeship standards of the program.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The criteria of
subparagraph (A) of paragraph (10) of subdivision (h) and of paragraph (11) of subdivision (h) shall not apply to either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
To the extent that the contractor has requested qualified workers from the local hiring halls that dispatch workers in the apprenticeable occupation and, due to workforce shortages, the contractor is unable to obtain sufficient qualified workers within 48 hours of the request, Saturdays, Sundays, and holidays excepted. This section does not prevent contractors from obtaining workers from any source.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
To the extent that compliance is impracticable because an emergency requires immediate action to prevent harm to public health or safety or to the environment, but the criteria applies as soon as the emergency is over or it becomes practicable for contractors to obtain a qualified workforce.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The requirement specified in subdivision (a) for a skilled and trained workforce applies to each individual contractor’s and subcontractor’s onsite workforce.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not make the construction, alteration, demolition, installation, repair, or maintenance work at a facility that is subject to this section a public work, within the meaning of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. This section does not preclude the use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
As used in this section, the following terms apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Apprenticeable occupation” means an occupation for which the chief has approved an apprenticeship program pursuant to Section 3075
of the Labor Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Building and construction trades” has the same meaning as in Section 3075.5 of the Labor Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Chief” means the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Construction,” “alteration,” “demolition,” “installation,” “repair,” and “maintenance” have the same meanings as in Sections 1720 and 1771 of the Labor Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Facility that will be used for the research, development, or production of pharmaceutical products” includes a facility that will conduct activities described in Code 325411 or 325412 of the North American Classification System (NAICS), as that code read on January 1, 2025, and that involve the production of a pharmaceutical product, including starting
materials, intermediaries, and active pharmaceutical intermediates.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Graduate of an apprenticeship program” means either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An individual that has been issued a certificate of completion under the authority of the California Apprenticeship Council or the chief for completing an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An individual that has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Onsite work” shall not include catalyst handling and loading, chemical cleaning, or inspection and testing that was not within the scope of a
prevailing wage determination issued by the Director of Industrial Relations as of January 1, 2025.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Prevailing hourly wage rate” means the general prevailing rate of per diem wages, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, but does not include shift differentials, travel and subsistence, or holiday pay. Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Registered apprentice” means an apprentice registered in an apprenticeship program approved by the chief pursuant to Section 3075 of the Labor Code who is performing work covered by the standards
of that apprenticeship program and receiving the supervision required by the standards of that apprenticeship program.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Skilled journeyperson” means a worker who meets both of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The worker either graduated from an apprenticeship program for the applicable occupation that was approved by the chief, or has at least as many hours of on-the-job experience in the applicable occupation that would be required to graduate from an apprenticeship program for the applicable occupation that is approved by the chief.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The worker is being paid at least a rate equivalent to the prevailing hourly wage rate for a journeyperson in the applicable occupation and geographic area.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Skilled and trained workforce” means a workforce that
meets both of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All of the workers are either registered apprentices or skilled journeypersons.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At least 60 percent of the skilled journeypersons are graduates of an apprenticeship program for the applicable occupation.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The owner, operator, or developer of the facility shall provide to the Labor Commissioner on a monthly basis a report demonstrating compliance with this chapter. The required monthly report demonstrating compliance with this chapter shall include the full name of, and identify the apprenticeship program name, location, and graduation date of, each worker relied upon to satisfy the apprenticeship graduation percentage requirements of this section. A monthly report provided to the Labor Commissioner pursuant to this section shall be a public
record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall be open to public inspection.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the Labor Commissioner or the Labor Commissioner’s designee determines after an investigation that a contractor or subcontractor failed to use a skilled and trained workforce in accordance with this section, the contractor or subcontractor responsible for the violation shall forfeit, as a civil penalty to the state, not more than five thousand dollars ($5,000) per month of work performed in violation of this chapter. A contractor or subcontractor that commits a second or subsequent violation within a three-year period shall forfeit as a civil penalty to the state the sum of not more than ten thousand dollars ($10,000) per month of work performed in violation of this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The amount of any monetary penalty may be reduced or waived by the Labor Commissioner if the amount of the penalty would be disproportionate to the severity of the violation. The Labor Commissioner shall consider, in setting the amount of a monetary penalty, all of the following circumstances:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether the violation was intentional.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Whether the contractor or subcontractor has committed other violations of this section or of the Labor Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Whether, upon notice of the violation, the contractor or subcontractor took steps to voluntarily remedy the violation.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The extent or severity of the violation.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The Labor Commissioner or Labor Commissioner’s
designee shall issue a civil wage and penalty assessment, in accordance with Section 1741 of the Labor Code, upon determination of penalties assessed under subparagraph (A). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742 of the Labor Code. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the Labor Code, shall apply.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The determination of the Labor Commissioner as to the amount of the penalty imposed under this subdivision shall be reviewable by the Director of Industrial Relations only for an abuse of discretion.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision
shall not apply if all work on the project is covered by a project labor agreement that requires the use of a skilled and trained workforce and provides for the enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, a “project labor agreement” means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:LawHeading>
</ns0:Fragment>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>