Section § 3125

Explanation

This section defines the key terms related to autonomous transit vehicle technology under this chapter. It explains what qualifies as 'autonomous transit vehicle technology,' which is a system that enables a vehicle to operate without human control. It also clarifies the meanings of 'plan to acquire or deploy,' 'procurement process,' 'public transit employer,' and 'public transit services.' These definitions are relevant for local government agencies providing public transport services, including services for individuals with disabilities.

For the purposes of this chapter:
(a)CA Government Code § 3125(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)CA Government Code § 3125(b) “Plan to acquire or deploy” includes any public notification that initiates acquisition or deployment of autonomous transit vehicle technology.
(c)CA Government Code § 3125(c) “Procurement process” means the issuance of a request for proposals, a solicitation of proposals, or a request for quotations.
(d)CA Government Code § 3125(d) “Public transit employer” means any local governmental 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)CA Government Code § 3125(e) “Public transit services” means the provision of passenger transportation services by the public transit employer to the general public, including paratransit service.

Section § 3126

Explanation

This law requires public transit employers to notify the employee representatives, in writing, at least 10 months before they start any process to acquire or use autonomous transit vehicle technology if this technology could lead to the elimination of jobs or job functions for their workforce. The employee representatives' right to receive information under the California Public Records Act is not affected by this requirement.

(a)CA Government Code § 3126(a) At least 10 months before beginning a procurement process to acquire or deploy any autonomous transit vehicle technology for public transit services that would eliminate job functions or jobs of the workforce, a public transit employer shall notify, in writing, the exclusive employee representative of the workforce affected by the autonomous transit vehicle technology of its determination to begin that procurement process.
(b)CA Government Code § 3126(b) 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)).

Section § 3127

Explanation

This law section requires public transit employers to begin collective bargaining with their employee representatives. They must start within 30 days after the representatives receive a certain notification or within 10 days after the employer receives a written request, whichever is later.

The discussions must cover certain topics related to autonomous transit vehicles, like developing and implementing the technology, creating a transition plan for current workers, and preparing employees for new positions linked to the new technology.

(a)CA Government Code § 3127(a) Upon a written request by the exclusive employee representative, the public transit employer and exclusive employee representative shall commence collective bargaining within 30 days of the exclusive employee representative receiving the notification required by subdivision (a) of Section 3126 or within 10 days of the public transit employer receiving the written request, whichever occurs later.
(b)CA Government Code § 3127(b) The exclusive employee representative and the public transit employer shall only bargain over the following subjects, or related mandatory subjects of bargaining:
(1)CA Government Code § 3127(b)(1) Developing the new autonomous transit vehicle technology.
(2)CA Government Code § 3127(b)(2) Implementing the new autonomous transit vehicle technology.
(3)CA Government Code § 3127(b)(3) Creating a transition plan for affected workers.
(4)CA Government Code § 3127(b)(4) Creating plans to train and prepare the affected workforce to fill new positions created by a new autonomous transit vehicle technology.

Section § 3128

Explanation

This law section ensures that the rules in this chapter cannot make labor protections for employees any weaker than those already established by law or in any collective bargaining agreements.

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.

Section § 3129

Explanation

This law states that the different parts of the chapter are independent from one another. If one part is found to be invalid or not applicable, it won't affect the rest of the chapter. The other parts can still be enforced even without the invalid section.

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.

Section § 3130

Explanation

This law section states that the Public Employment Relations Board is responsible for handling complaints about unfair practices by transit district employers in California, but only if the board has jurisdiction. When an employee group files such a complaint, the board must follow specific procedures and regulations similar to those used in other situations outlined in another section (Section 3541.3). The board can issue new rules and regulations as needed to manage these complaints. Additionally, it can make quick changes to these rules in order to protect public welfare, under the guidelines of the Administrative Procedure Act.

The Public Employment Relations Board shall have jurisdiction to process unfair practice charges alleging violations of this chapter, but only as to transit district employers where the board has jurisdiction to process unfair practice charges. Should an employee organization file an unfair practice charge with the board under this chapter, the powers and duties of the board described in Section 3541.3 shall apply, as appropriate, to this chapter, and the regulations of the board shall apply to this chapter. The board shall perform its duties under this section consistent with its regulations and may make additional regulations. The board may also adopt, amend, or repeal all rules and regulations necessary to carry out this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption, amendment, or repeal of regulations pursuant to this section is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1.