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Committee HearingSenate

Senate Budget Sub5 — 2026-04-23

April 23, 2026 · Budget Sub5 · 25,591 words · 26 speakers · 308 segments

Senator Durazzosenator

Thank you. Public safety, judiciary, labor, and transportation will now come to order. Good morning, everyone. We are holding our committee hearing here in the state capitol, and I don't have to ask all the members to be here because they're already here. Great members. Thank you this morning. So we can now begin to establish our quorum and begin our hearing. Today's hearing is focused on labor and public employment issues, and discussion items will involve the Employment Development Department, the California Workforce Development Board, and the Department of Industrial Relations. The subcommittee will also be looking into the related issues related to EDD Next modernization project, proposed statutory reforms to the subsequent injury benefits trust fund, and workload adjustments, among many other issues. We'll take public comment at the end of this hearing, So please be patient as we work through all the items. Colleagues, before we begin, does anyone have anything they'd like to add? Okay, great. Let's go ahead and establish a quorum.

Senator Durazzosenator

Consultant, would you please call the roll?

Laura Richardsonassemblymember

Richardson? Here.

Senator Durazzosenator

Richardson, present.

Senator Maria Durazosenator

Durazo? Here.

Senator Durazzosenator

Durazo, present.

Kelly Seyartoassemblymember

Sayardo? Here.

Senator Durazzosenator

Sayardo, present. The consultant, Diego, here, notes that a quorum has been established.

Senator Durazzosenator

Let's move on to issue number one with the Employment Development Department. I said your name in case your mom was watching. Issue number one is the EDD next modernization with the following panelists. We have with us the EDD director, Nancy Farias. We also have Caleb Horrell, the deputy director for the administration of EDD. We have Ajit Jiren, Deputy Director of the Information Technology of EDD. And then on the Department of Finance side, we have Cynthia Elmore. We also have Ellison Hewitt, who's the Principal Program Budget Analysis with the Department of Finance. And finally, we have Chase Alamo. So we've got a full team here on behalf of the LAO's office. We will now begin. Director, please begin.

Nancy Fariaswitness

Thank you. Good morning, Madam Chair, members of the committee. My name is Nancy Farias. I'm the Director of the Employment Development Department. Thank you for the opportunity to share our progress on EDD's modernization efforts. EDD plays a vital role in the lives of California's workers. Nearly every worker interacts with us at some point, whether they've lost a job, are caring for a new child, or are dealing with a serious illness. In these moments of uncertainty, we are here to help. I'm grateful to the administration and the legislature for their support, and of course to our nearly 9,000 employees who deliver these services every day. We are often asked about our readiness for a recession, and I want to assure you that we are prepared. Thanks to Senator Laird, the recession plan ensures we are ready to respond quickly to any economic downturn. This preparedness is at the core of EDD Next our top modernization effort as the chair mentioned We made real progress It never been easier to apply for benefits Customer satisfaction for disability and paid family leave has increased significantly since 2023. 91% of unemployment customers say filing a claim online is easy, with 96% saying the same thing for certifying for benefits. We continue to expand self-service tools so customers can get updates on their claims online through our live chat in the top eight languages. Our new call center platform for disability and paid family leave has improved information access and allowed staff to focus on complex cases. Over a million customers used these tools last year. We've also streamlined our online applications, modernized our website, strengthened identity verification and fraud prevention, and taken major steps towards updating our decades old core benefit system through the integrated claims management system that I believe we'll be talking about today. Language access remains a priority with 246 vital forms translated into 14 languages and new tools to translate fraud hotline messages in minutes. and we are improving services for employers as well, including stronger security, simplified payroll tax systems, and a modernized job search portal. These improvements reflect just a small part of the work happening at EDD. We remain committed to continuous improvement, transparency, and delivering better services to Californians. Thank you for your support. I'm joined, as the chair mentioned, by Ajit, our CIO, and Caleb, our CFO, and we are happy to answer any questions. Thank you.

Senator Durazzosenator

Do they have any additional comments to add?

Nancy Fariaswitness

Oh, no, no, no, no, no. Sorry.

Senator Durazzosenator

Okay.

Nancy Fariaswitness

No problem.

Senator Durazzosenator

All right. Any comments from LAO?

Chaz Alamowitness

Good morning. Chaz Alamo with the Ledge Analyst's Office. As the director mentioned, EDD Next is a wide-ranging, ambitious project to not only update technology components at EDD, but also process changes. A few points that we want to make here in today's hearing is that as it enters its fifth year, the project has completed many of its components. The one outstanding item is also the most challenging and most costly. This is the integrated claims management system, sort of the backbone for EDD Next, that will bring the three programs together. We pointed out last year and we continue to believe that now is the time for the legislature to elevate its oversight of the EDD Next Project because we're now in this critical phase. One recent change that's worth bringing to the subcommittee's attention is that the department with the presentation of this year's budget change proposal has proposed to move forward with the integration for paid family leave and disability insurance first, and then to afterward integrate the system for unemployment insurance. It sounds like a small change, and it may be, but for the first five years of the project, the three programs were to be integrated at the same time. And so this subtle shift is just an indication that now is the hard part, and we encourage the legislature to exert additional oversight from here toward the end of the project as we work through the final stages. Thank you.

Senator Durazzosenator

Thank you. Department of Finance?

Cynthia Elmorewitness

Cynthia Elmore, Department of Finance. Nothing to add.

Senator Durazzosenator

Okay. Thank you Members let start with Senator Durazzo today Good morning Thank you Madam Chair I have a sort of broader question and then a couple of very specific ones

Senator Maria Durazosenator

The project date has moved from 2029 to 2031. So what's the current total estimated cost at completion? and what are the assurances? How can you assure us that the department will reach the 2031 date? Is that realistic given the history of delays? Thank you, Madam Chair.

Nancy Fariaswitness

I apologize. ICMS project is a five-year project, and the reason for the delay that you mentioned is the procurement. Procurement timelines are driven by not only by state, but the participating vendors as well. So the project was, the contract was awarded earlier this year, and the delay was attributed to the time it took during the procurement, which went longer. EDD is fairly confident in delivering this project on schedule. What we have done is we have strategically divided this project into two phases. Phase one is focusing on DI and paid family leave, which will be done in two years, which is a smaller portion. DI and PFL are easier programs to modernize as well. So we feel fairly good and confident in delivering that in the two years. And the second phase of the project is focusing on unemployment insurance, which will be done in three years, and the total duration for the project is five years.

Laura Richardsonassemblymember

I guess be a little bit more specific of why you're so sure of meeting these time and financial goals.

Nancy Fariaswitness

Absolutely. Absolutely, what EDD has done is learned from the lessons that through the pandemic, by implementing over 200 projects. We have all the changes that Director Fadius mentioned, for example, implementing chatbots, modernizing our call centers to a completely different platform. Implementing the changes that are directly impacting our customers, for example, making claim applications easier to complete. and offering additional tools to paid family leave customers. Paid family leave customers before 2025 were even unable to log in and see the claim account balances, right now they can. All these changes were done on time, they were complex changes. Especially for paid family leave program, it was a completely manual program. All claim processing was done manually. Right now 18% of the claims are done automatically. Given the history of delivering changes successfully, we feel confident that, yes, we can take on integrated claim management system as well and deliver it on time. I'll give you another big example, document management system project, which is the second most complex in our portfolio, is on time. And we have already completed roughly around 60% of the project on schedule and on budget.

Laura Richardsonassemblymember

Okay, great.

Senator Durazzosenator

Any other?

Nancy Fariaswitness

I would just add, because I can't help myself, I would just add that we have done all these projects, these large projects like this incrementally. So it's not this big bang where you flip a switch and it either works or it doesn't. the projects that we've talked about in the 200, for example, that we've done during the pandemic for UI, they all have, they all are, they all benefit our customers, each individual one, and it not none of them is like well if that doesn work then this is not going to work You know we update we did chat bot Then we did you know automation of X Y and Z you know things like that So I think that that that makes us feel as confident as we can feel

Laura Richardsonassemblymember

Great. Thank you. I just want to add that I was here before you became the director during the pandemic. and you've had to take on all the challenges of the pandemic, all the issues that came up with that. Everybody's just, it was just out of control. So I just want to applaud you for taking those solid steps as we move forward. And every time I ask a question, it's right on. Thank you.

Nancy Fariaswitness

Thank you.

Laura Richardsonassemblymember

I have two very specific questions on SB 1090, which allows people to apply in advance for their paid family leave and disability benefits. Can you provide an update as to when it will be implemented as part of EDD next?

Nancy Fariaswitness

Quinn Bunnell may be able to respond to that. Or Ajit? Go ahead, Quinn.

Chaz Alamowitness

Hi, Quinn Bunnell, legislative director at EDD. That project has been a priority for us. as part of our initial go live that Ajit mentioned in 2028. So that's when we expect it to happen.

Laura Richardsonassemblymember

2028?

Chaz Alamowitness

2028, yes.

Laura Richardsonassemblymember

Okay, great. Thank you. Thank you. And then regarding 1058, can you provide an update on that, the language that will be used on those applications, and explain how the race ethnicity data will remain confidential and will not be used to determine program eligibility. I know that's a really specific question.

Nancy Fariaswitness

Madam Chair, we are on schedule for that project as well, for that effort as well. That collects demographic data from our claimants. We are making changes to our application. We are on schedule to make it happen as part of our existing systems as well. And the data will be made available on our website. Our old data will be made available So the confidentiality for the claimants is maintained and not disclosed.

Laura Richardsonassemblymember

Okay. Okay, great. Those are all my questions. Thank you.

Nancy Fariaswitness

Thank you very much.

Laura Richardsonassemblymember

Thank you. So I'd like to, good Senator, have been here long enough, but I was in the Assembly when this started during the pandemic. And we were alarmed, basically, at what was our inability as a state to deal with some of the issues. and the over impacts of what happened during the pandemic. So when you were brought on, I think the specific direction was fix this. And one of the bigger issues was the fraud issue. And so I'm kind of curious what kind of, you know, through this new programming and stuff, and I would imagine just by the natural occurrence of we're not dealing with a pandemic, so we don't have as much volume, that the fraud would go down. Are there other pieces of this that have been helpful in reducing fraud? And what's our status as far as the more fraudulent or questionable type of claims? And if we're massively reducing that from the $30 billion or so that it was to something that is more reasonable, which is not pretty much zero is reasonable. but I know that's a hard number to get to.

Nancy Fariaswitness

Yeah. I will just mention that Najee can fill in some of the more technical blanks, but I am really proud to say that we do not have criminal fraud anymore in the UI program. Obviously, that was the PUA program based on federal regulations, which we complied with, but since September of 2020, we implemented ID.me. We have SoCure. We have Thomson Reuters. We do an employer check. It's a little bit different, as you're aware, As you mentioned, the PUA program was a lot different than the UI program is now. And going forward, we are going to continue to use these outside consultants, or I guess technology, outside technology as it is. And our fraud is, we have, as I mentioned, we have no criminal fraud. There is still, you know, based on what we can see, people who say that they are working or they're not working when they are. And that takes some time for us to go through, but it's nothing like it was before. And in that case, we issue an overpayment when there is an overpayment due. And we are fairly successful in collecting that because you cannot collect any benefits from EDD if you have an outstanding overpayment.

Laura Richardsonassemblymember

So that's great because, and that's great news because, you know, that was one part of it was stemmed the time, stop the bleeding. And then the second part was the longer process that we're going through now. And I think we're in unison where everybody agrees that I think we're making good progress and that, you know, even though we have some bumps along the way that may be extended out a little bit further, we're doing the things that we need. You guys are doing the things you need to do to make that a functional department again and make it so that it serves the needs of the people that need it. One of the things that was brought up, you talked about the different vendors that we use. And, you know, it had been around a long time. And a lot of times vendor contracts start out at this and then because everybody wants to be the low bid. And then later on they wind up like this. Have we had a lot of cost overruns? or that are...

Nancy Fariaswitness

Yeah, I can take that question, Senator.

Laura Richardsonassemblymember

I would appreciate that. I'll be honest, the change requests and cost overruns are part of IT projects,

Nancy Fariaswitness

and there are two primary reasons for that. First is, by the time we release the procurement, by the time we finish the PAL process, it takes like two to three years to get done with just the PAL. And during that period, technology changes, and new legislature bills comes into play, and none of those requirements are captured in the RFP that's released like three years ago. Same thing happens with every single project. What happens is it ends up being a change request for the vendor to work on. But we work very closely with the California Department of Technology for oversight perspective, the Department of Finance, to minimize the change requests that are coming as part of the ongoing active projects. So far, ADD Next has been lucky. We don't have any big cost overruns. Yes, there has been change requests, but change requests that are within our budget authority to handle. So no major cost overruns at this point in time.

Laura Richardsonassemblymember

Okay, thank you. Like I said, I think we're all willing to continue the quest and continue the investment that we need to make to make it happen. And appreciate all the work that you guys are doing and to create a department that we can all be proud of So thank you Thank you for your support Senator Thank you Senator Sciardo A couple questions that I have here Do the various projects under the EDD Next Modernization integrate stress testing or other tools to ensure new systems can withstand claim levels like the state saw during the pandemic?

Nancy Fariaswitness

Absolutely, Madam Chair. Yes, every product, every change that we make to our production systems goes through a very rigorous testing process. That does include load testing and stress testing to make sure we can achieve the volumes at pandemic level. So in future, if there's ever an influx of claimants coming to our website, we can sufficiently handle the load from those claimants.

Laura Richardsonassemblymember

Okay. And then building upon the last question of Senator Sciardo. Do you publish the change order items that are requested and then the additional funds and things that are required?

Nancy Fariaswitness

Absolutely. All the change requests are well documented. They are approved by the various committees. We call it project committees. And then we have oversight from California Department of Technology, those that are presented to legislatures, LAO office as well, and Department of Finance, if there is any additional funding needs associated with those change requests.

Laura Richardsonassemblymember

My question was, do you publicize, does the public have access to the change order requests that are made and the additional costs that are requested?

Nancy Fariaswitness

So if the change requests are tied to a BCP, yes, those will be included in the BCP and then that's a public document. If it is not tied to a BCP and if the money that is being spent on the change request is within the department delegation authority, then it is documented, but it's a document that can be made available to public through a PRA request or any such request that comes from public, but not from an EDD perspective. We don't publish those change requests that are within our delegation.

Laura Richardsonassemblymember

So if you say that your change requests are done based upon the change in technology, how would other vendors know who had applied, as Mr. Ciardo was explaining, how would they know that in fact it is just because of change of technology or just not because a vendor said, I need more money to complete this particular part.

Nancy Fariaswitness

Thank you, Madam Chair, great question. So when the RFP is released, that's the equal playing level field for all the vendors. They bid on same requirements, same technology so that everybody has an equal chance. So let's assume a vendor A wins that project. Now after that, if there is a change, then that change is properly vetted and evaluated by EDD management teams to see if it is a technology change we are asking or is the legislature driving that change? For example, few of the bills that Senator Durazo mentioned also, those are change requests for the vendor who are coming in. So then we look at can the vendor absorb those changes without any additional cost to the project? In the scenarios where the project cost, schedule, or timeline goes beyond 10% of the initial allocation, that becomes a SPR and that's where all the control agencies, including Department of Finance and LAO gets involved.

Laura Richardsonassemblymember

And so what does 10% equate to?

Nancy Fariaswitness

The 10% usually equates to the dollar value of the contract.

Laura Richardsonassemblymember

So- Which is what?

Nancy Fariaswitness

It depends on the total cost of the project, Madam Chair. So for example, if it is a document management system project then the total dollar value for the project is 100 million so then anything over 10 million is a SPR Also there is a department delegation authority which is controlled by California Department of Technology So for EDD, anything over 5 million, anything that cost that went over and above 5 million becomes SPR for us. that we have to completely follow the process to report it, properly document it, and get it approved before we give approval to the vendor to implement that change for us.

Laura Richardsonassemblymember

So how much have we added so far?

Nancy Fariaswitness

So there are seven work streams in this project, and I'll talk about the three most complex projects first. So our integrated claim management system, which started early.

Laura Richardsonassemblymember

My question is specific to the change orders. How much additional cost has been added? Go ahead, Caleb.

Nancy Fariaswitness

Thank you, Madam Chair. Caleb Oral, admin deputy for EDD. I guess I would just point out, I don't think we have that exact figure right now. We can definitely get that for you. But as far as any change orders have been done, like Ajit's talked about, sometimes there are change requests that are done that have $0 value for any IT project. The overall cost for EDD Next, which is around $1.2 billion in total, that cost has remained unchanged through any subsequent change requests that we've done contractually. So the overall project cost has been unchanged.

Laura Richardsonassemblymember

Well, but we could save some money, too. There's nothing wrong with you don't have to spend $1.2 billion, you know.

Nancy Fariaswitness

Don't disagree.

Laura Richardsonassemblymember

We're kind of, we're in situations here very dire. And so I realize that you may build into the contract. I did a little work in this area myself. You know, I realize that what we call in the industry, you know, maybe pad the, you know, let's say you think the project's going to cost, you know, a billion and you add, you know, 200, you add 200 million to that to make sure that it covers any potential change requests that you have. But I just want to stress in these particular times, really in all times, frankly, we shouldn't look at things just that you have $1.2 billion. We should look at minimizing as best as we can. And if you are, and if you notice several of us are asking the same related questions, I think there needs to be more transparency given the amount of money that we're talking about, more transparency to the public of change orders that are being requested and approved than thereby implemented and what are the costs associated with that. Because these were big time contracts. A lot of people were looking to participate. And if it ends up that, you know, something that really should have been included that maybe another vendor would have or was including in their proposal and then now someone else is getting more money for it. You can understand, I'm sure, the concern that people would have.

Nancy Fariaswitness

Thank you.

Laura Richardsonassemblymember

So can you provide maybe more public information about what has happened in the process regarding change orders and the additional amounts and what those have covered?

Nancy Fariaswitness

We can follow up with that information.

Laura Richardsonassemblymember

Okay. Thank you. Building upon that I wanted to ask what is the rationale behind moving the UI portion of the ICMS project to mandatory optional as a part of the vendor contract Thank you Madam Chair for the question Yeah as was pointed out in the opening and I think by LAO by Chaz ICMS it still focuses on the replacement integration of all of the programs.

Nancy Fariaswitness

It was a rephasing because of the emphasis being placed right now on DINPFL and the amount of modernization that the department did during the pandemic and kind of right-sizing UI. During the RFP process, EDD heard from multiple vendors that doing that, as Chaz had mentioned, all in one, all programs together would not be an ideal way to implement the project. And they actually, vendor community expressed, doing DIPFL first as opposed to UI because UI being more complex. So that would be another reason why we re-phased the project. But I think we want to ensure the committee that we still remain committed to implementing not only DIPFL as part of ICMS, but also UI on the back end. And that's still overall part of the project plan documents. UI is included in there as part of that.

Laura Richardsonassemblymember

Okay. The reason why I wanted to give you that opportunity is because you said you did it, but you didn't say why you did it. And so for the public who doesn't have the benefit of our analysis and all that, I thought it was important that you clarify the reason for that. My other question has to do with, and this one is a little more specific, during the 2024 and 2025 budget year, the department shifted phase two of the shared customer portal into the ICMS and IDM portion of the project. How does this project integration from those phases of phase two objectives, such as enhancing the customer-facing portal with real-time identity project, enhance user administration, and enhance customer data analytics?

Nancy Fariaswitness

Thank you, Madam Chair. Great question. So SCP shared customer portal is a portal that is a single door, it's a single entry for all our customers to come in. They're logging through this portal. This portal was implemented in 2023, and we won the award for this project in 2024 as well. The phase two of this project, which you are alluding to, was to have a claim navigation where we would guide the claimant to which benefit they are eligible for by developing a subproject as part of this. At the same time, we were doing market research for the integrated claim management system as well. it became crystal clear that the same objective of SCP Phase 2 can be met in the ICMS project. And by shifting those requirements into ICMS, we saved state more than $20 million. So for that reason, the SCP was left as it is, and all those requirements were moved into the ICMS project. Now your second question about how we are making sure that we provide the data and make sure the identity proofing is still done, And none of that has changed. Our commitment to make sure claimants are served best by providing the services that they're looking for will still be achieved as part of the integrated claim management system. The data that they're looking for will still be collected and saved as part of our shift towards integrated claim management system as well.

Laura Richardsonassemblymember

Thank you. My last question has to do with, it's my understanding, and you referred to it, that EDD is utilizing various contractors and their technology. For example, the state relies upon the third-party vendors like Equifax, the work number, and TrueView to verify employment and income for benefits eligibility. How much is the state currently spending on these types of third-party contracts, and what are the limitations of that data compared to what EDD collects directly through employer quarterly wage reporting?

Nancy Fariaswitness

So EDD does not use any of those. I think probably DSS or DHCS probably uses those, but we don't use those to collect wage data. The one limitation, and I believe you're probably talking about H.R. 1 and some of the work requirements, the one limitation that we have is we do collect from the employers quarterly, and it is my understanding, although regulations are not out yet from the federal government, that it is going to be required to collect that information monthly. So right now there's a work group between EDD and Health and Human Service agencies that are also implementing HR1 to try to close that gap, basically.

Laura Richardsonassemblymember

Okay. Thank you very much. With that, no further questions?

Senator Durazzosenator

Yes, Senator DeRosa.

Senator Maria Durazosenator

Just a question about SB 590, and you don't have to provide it now, but information about that addresses equity concerns, which partially or mostly led to SB 590 being passed, which would help us understand, Do we need more outreach programs? Do we need more education? Because that was specifically addressing the lower use of the program by low-income and immigrant communities. So if you could provide that information on it. Thank you.

Laura Richardsonassemblymember

Thank you, Madam Chair. All right.

Senator Durazzosenator

Thank you.

Laura Richardsonassemblymember

That concludes issue number one. We're now going to move to issue number two, which is related to the request for additional operational resources. Can I just put a comment on this item one?

Senator Durazzosenator

As I stated, public comment is done at the end of the hearing for all issues. Thank you. Issue two is related to the request for additional operational resources with the following panelists. We have the executive director of CWDB. We also have the deputy director of operations and policy implementation and branch of the same department. And then we have the Department of Finance and also the LAO's office. Please begin with your presentation. Thank you very much, Chair Richardson.

Joelle Ballother

Is it Kiana? Actually, I'm the Chief Deputy, Joelle Ball. Okay. And Director Perrero sends his sincere apologies that he could not be here today with you. Okay. But I am here. And I will just give a brief overview of the CWDB before I turn it over to Emily Suenohara, who is our operations director, to cover the two issues. The California Workforce Development Board is the body responsible for assisting the governor in the development, oversight, and continuous improvement of the California workforce system, especially now to meet the needs of the 21st century economy and workforce. Established by the Workforce Investment Act of 1998, the Workforce Development Board supports statewide partnership building between employers, local workforce development boards education community organizations labor unions and workers to increase job quality opportunities and career advancement pathways for all Californians Our goal is to work in collaboration with various regions in California and their local boards. Our other departments in the state, our agency, and the governor to shape workforce policies, programs, and investments that will strengthen California's economy. Thank you. I'm happy to answer any questions, and I will turn the items over to Emily.

Emily Suenoharaother

Thank you. I'm Emily Sunihara, the Deputy Director of Operations and Policy Implementation for the Workforce Development Board. Regarding our budget request, our governor's budget request for additional resources to support the operations of the board, This proposal outlines a plan reduction over the next five years to bring us back in step with our baseline funding. In fiscal year 2022-23, in response to a large influx of state funding, the CWDB expanded staffing to support the new grant workload. This reduction is a natural response to that state-funded workload coming to a close and our state-funded grants becoming a smaller portion of our workload. I'm now open to any questions regarding this issue.

Senator Durazzosenator

Any questions on the LAO?

The request for additional appropriations is sort of consistent with precedent on setting levels for acknowledging the pandemic era uptick in grant authority going through CWDB. Thank you.

Senator Durazzosenator

And Department of Finance?

Cynthia Elmorewitness

Cynthia Elmore, Department of Finance. Nothing to add.

Senator Durazzosenator

Okay. Thank you. Senator Durazo, any questions?

Senator Maria Durazosenator

Yes. A couple of specific ones. One specific one has to do with the High Road Construction Careers Program at Caltrans. Is a $30 million grant being administered by the board. But SB 150 originally allocated 50 million in federal funding for this purpose. So have we now shifted to using state dollars instead of what was supposed to have been federal dollars? That is correct.

Emily Suenoharaother

And could you explain why? Chair, if I may.

Allison Hewittother

Allison Hewitt, Department of Finance. I don't, unfortunately, I don't think we have our Caltrans colleagues with us. And we did have a discussion with the subcommittee with Caltrans where they presented the various reasons why the state funding is being used in lieu of federal funding. At a high level, I think there were concerns about eligibility of being able to use that federal funding. And I believe they provided some follow-up responses to staff that discussed the core question that was raised by the subcommittee, which is, well, where did the $50 million go if this is $30 million? And I unfortunately don't have those responses in front of me. but that is my understanding of the issue. I'm happy to try to answer any specific questions or take any feedback.

Senator Maria Durazosenator

Okay, thank you. So the Workforce Development Board administers hundreds of millions of dollars in grant funds for programs that serve workers and who want to especially work with high road employers. You're now proposing a very dramatic elimination of the staff who work on these grants. So how do you see, can you explain the impact that it gonna have on the opportunities that these programs provide across California especially for people who have faced significant barriers to employment As a contrasting example GoBiz has a staff of 194 to support grant and incentive programs for the business community. So why would we downsize the department that has a responsibility for developing and improving our workforce system to a staff of 42? Very, very dramatic difference in there. So how do you explain going in that direction versus a direction where we should be doing more, not less?

Emily Suenoharaother

Absolutely, and thank you for that question. So all of our state grants to date have been one-time funding. We staffed up in 2022-23, as I mentioned, as a response to a large influx of one-time funding. Our statute indicates that we are a policy making or policy, excuse me. We advise the governor and assist the governor on workforce policy. So our primary purpose has not been impacted by these moves.

Senator Maria Durazosenator

Granting has been a one-time ask of us, and we have been fulfilling the one-time efforts related to the funding. Okay, that doesn't...

Emily Suenoharaother

But there's a completely different direction that we're going in here. As far as the programs for the people of the state of California, the issue of workforce development comes up all the time, and there's even a scarcity of staffing. We talk about that all the time. There's numerous examples of that. I don't understand why we would be going in the opposite direction, but we can say in the business community, which is great, have grants, have the staffing,

Senator Maria Durazosenator

but 194 compared to a staff of 42 in workforce development just doesn't make sense. As you mentioned, the High Road program, that is a one-time funded grant program. Right. Whatever it is, I'm talking about the direction. I'm talking about the direction of the Workforce Development Board. The direction that we're going in without the resources means that these programs are not going to, in whatever fashion you move them forward, it means that they're not going to go forward, and we're going to have less of that for the people who need it most, especially in this particular time.

Senator Durazzosenator

So I just want to understand the philosophy behind it or the thinking behind it, the rationale behind it, putting aside then we could talk about, okay, this program needs money or this grant didn't come, whatever the particulars are as far as funding. But the direction is so obvious here, I don't understand. And maybe someone else wants to respond to that, but it's a dramatic change. Obviously, my colleagues are much more knowledgeable about their programs.

Senator Durazzosenator

Allison Hewitt, Department of Finance, I'll just add, and at the risk of reiterating what my colleague said, these positions that are coming down were added for a specific purpose. They are assigned to grant programs that are funded. So the High Road Training Partnership Program is one that my colleagues speak to. Those staff are dedicated to providing technical assistance to grantees in those programs. As of now there is no ongoing funding at the levels that were appropriated previously for CWDB And so the proposal in front of you is to right CWDB staffing because there no longer a need for that staff to work on the specific programs And it's done over a five-year period, which, just to note there, I guess what I understand the policy concerns is why would we,

Senator Durazzosenator

why would the administration reduce staffing for workforce development?

Senator Durazzosenator

And I don't, that's not what the proposal in front of you is intended to do. We added these positions for a purpose. That purpose is coming down because we had $850 million added into their budget, and that we have not seen, the program lasted for years, and now there is no longer that funding available. And so I just, that's for these. I don't think there's any intent for the administration to minimize workforce development. There are so many initiatives the state is undertaking for this particular entity. Funding, staffing were added for these programs. These programs are finishing out their grant cycles, and we want to facilitate that. There's additional resources to maintain staffing in the near term, which is part of why there's funding, including general funding, the proposal in front of you. I don't know if that's helpful. Obviously, if we want to increase the Workforce Development Board staffing for other important policy initiatives, like to continue that work outside of the specific grant programs that were funded in the budget, that is a discussion between the administration and the legislature. So I'm just trying to decouple a little bit. I don't think we're walking away from workforce development efforts on a policy basis. It's that these positions were added on a surge basis because so much funding was infused into CWDB's budget, And that funding is now cycling off. So I'm happy to turn it over in case my colleagues have any other thoughts.

Senator Durazzosenator

Thank you for that.

Senator Durazzosenator

And that is an accurate assessment. And to Allison's point, the policies will always remain whether they are funded or not. At this point in time, we are seeing our grant programs are coming to a close. The funding that we were allocated is being spent by the grantees, is coming to a close. And so it is our point-in-time plan for what is in front of us.

Senator Durazzosenator

Okay, I don't want to beat a dead horse, but when you say the policies will always be there, without funding the policies are worthless. I mean, you can say that all you want, but if we're not proposing funding for that, if we're not saying part of our budget proposal should include this, then you're basically saying this is going to be the new policy. So that's the bottom line, is without funding, it's not a reality. So let's not, why don't we make that part of GoBiz? You know, why don't we drop GoBiz down to 42? We don't because it's important. So that to me is the bottom line. Thank you, Madam Chair. Thank you, Senator Durazzo. So Senator Sayardo?

Kelly Seyartoassemblymember

Yeah, just a quick follow-up question. Do you have the appropriate personnel to handle the load that you're required to do now to make the Workforce Development Department work correctly?

Senator Durazzosenator

Yes.

Kelly Seyartoassemblymember

Okay.

Senator Durazzosenator

And what the good senator was talking about was basically the part of the job that's no longer there. And so those employees, if we kept them on, would be doing essentially overlap. of what other employees are already doing, An additional expense that we'd have to fund, we'd have to provide the additional funding that we're not doing now because it's part of that grant funding, correct? We're responding to closing out of grant programs and those staff no longer being allocated to those grants.

Kelly Seyartoassemblymember

I just want to make sure it's crystal clear. We do have the appropriate personnel now, though.

Senator Durazzosenator

Yes.

Kelly Seyartoassemblymember

Thank you. Thank you.

Senator Durazzosenator

The board is assuming an attrition rate of 10.5 positions per year, resulting from this adjusted grant administration workload. What went into determining that attrition rate?

Senator Durazzosenator

Absolutely. This is based on historical attrition rates for the board, as well as combined with an active hiring freeze. Okay.

Kelly Seyartoassemblymember

Which leads me then to my next question. One of the big discussions here on both sides, both in the Assembly and the Senate, is this new technology with AI and how are we going to prepare this next workforce to be able to participate. What do you see as the role of your particular agency in your department in helping workers to prepare for that?

Senator Durazzosenator

Thank you, Emily. We are doing engagement with business, with our board members, through various meetings that we have on the calendar to understand what the issues are and to help inform policy recommendations. We just don't have the grant funding to support any pilots or innovation or implementation through our department.

Kelly Seyartoassemblymember

So I'd like to encourage you to inform the committee, if you could provide back to us, what are the things that you're hearing in regards to AI? What do you see that your department is going to need to do to assist the workforce?

Senator Durazzosenator

It is going to be significant. CEOs are saying that we could potentially lose 50% of our workforce, and yet people are going to be doing different types of jobs. And so how are we going to assist with that if there are new ideas for other grant programs that we should be considering, partnerships with some of these companies to do apprenticeships.

Kelly Seyartoassemblymember

I don't want to do your job for you, but I'm assuming, and if I'm assuming wrong, I'm asking if you would take a look at what are those things that you're being now asked to do in light of the influx of AI and how we might need to assist from a funding perspective or a grant perspective or whatever it might be to deal with this coming down the road.

Senator Durazzosenator

Absolutely happy to get that back to you.

Kelly Seyartoassemblymember

Okay.

Senator Durazzosenator

Seeing no further questions or comments from anyone? Oh, that. Okay. Excuse me. I'm on Alka-Seltzer and a bunch of stuff, so excuse me if I do a few slips like that one, do a few slips there. That concludes issue number two. We're now going to go to issue number three, which is streamlining reporting requirements, trailer bill language, continuing with the same panelists that we have here, which is kind of leading in to some of the subjects. Please move forward with your presentation. Thank you. I will actually let Emily cover this All right thank you The governor budget proposes trailer bill language that would align the reporting requirement timelines relating to various grant programs including requiring the

Senator Durazzosenator

Workforce Development Board to produce and submit a report to the legislature, evaluating those grant programs by October 1st of every odd year. The bill would also establish new reporting requirements for the Breaking Barriers to Employment Initiative and the prison to employment program if additional grant funds are appropriated for the purpose of those programs. And the reason for this proposal is that currently the California Workforce Development Board between all of its grant programs has about 10 to 12 annual and interim reports that we are managing delivery of. This proposal would streamline that down to one. Thank you.

Senator Durazzosenator

Thank you. Senator Garazzo, would you like to add? Thank you. Senator Garazzo, would you like to add?

Chaz Alamowitness

Chaz Alamo, the LAO, no issues with this proposal.

Senator Durazzosenator

Thank you. Okay, thank you. And Department of Finance?

Cynthia Elmorewitness

The Elmortar Department.

Senator Durazzosenator

Okay, thank you. Yeah, Senator Garazzo.

Kelly Seyartoassemblymember

Just one question. The proposal adds reporting for breaking barriers to employment and prison to employment only if additional funds are appropriated. Given that the legislature is already investing in re-entry workforce programs, why would reporting requirements be conditional on future appropriations rather than to existing funding?

Senator Durazzosenator

It is conditional on additional funding because both of those programs are closing out.

Kelly Seyartoassemblymember

Okay. Thank you.

Senator Durazzosenator

Senator Ciardo.

Kelly Seyartoassemblymember

Okay. I only had one question. What is the total cost savings to the board for implementing and consolidating these reports?

Senator Durazzosenator

So for 10 to 12 evaluations at between $500,000 and $700,000 each, that significantly reduces, and that doesn't include our internal staffing evaluation costs in partnership with external evaluators. So this streamlining will provide a consistent expectant timeline of when evaluation results will be provided and then also reduce costs.

Kelly Seyartoassemblymember

Thank you.

Senator Durazzosenator

Okay, thank you. You did answer it. All right. Seeing no further questions, that concludes issue number three. We're now going to issue number four. Issue number four is the subsequent injury benefits trust fund. S.I.B.T.F., the trailer bill language and the workload of the BCP. We're joined by Director Jennifer Osborne for opening comments for the Department of Industrial Relations as well as the following panelists. We have Jazzy Grewal, the Deputy Secretary of Legislation. We have Joshua Iverson, the Chief Financial Officer, and and Ken Lau, Chief Counsel of DIR. And then we do have our representatives, Grace Henry, the Finance Budget Analyst with Department of Finance. Allison has stayed with us and so has Chaz We begin with you Thank you Madam Chair and members My name is Jennifer Osborne I am the director of the Department of Industrial Relations also known as DIR

Joelle Ballother

I was asked to just do a quick overview of the department, and then I'm actually going to yield my seat to another program expert for the following issue, just so that we have all the right people up here. As you know, DIR's core mission is protect and improve working conditions for California's nearly 20 million workers while supporting the state's law abiding employers. The department plays a central role in ensuring workers are paid the wages they are legally owed, maintaining safe workplaces, and supporting a level economic playing field. DIR is California's primary labor and workplace safety agency established in 1927. we administer and enforce laws related to wages, hours, and working conditions, workplace safety and health, apprenticeship, and workforce development. And workers' compensation benefits, not to be forgotten. DIR has nearly 4,000 authorized positions and an annual budget approaching $1.5 billion. Collectively, we protect workers, support employers in compliance, and help strengthen California's economy by addressing unfair competition and activity in the underground economy. To deliver on this mission, DIR is made up of four key divisions. Through the Labor Commissioner's Office, also known as DLSE, laws are enforced to ensure that workers are paid their earned wages, protected from acts of retaliation, and able to exercise their rights under the law. Through CalOSHA, workers are protected on the job through a combination of educational and enforcement efforts. CalOcean ensures workplace safety standards are met, conducts inspections, responds to complaints, and provides consultation services. The Division of Workers' Compensation oversees the administration of workers' compensation claims for injured workers with appeals adjudicated by the Workers' Comp Appeals Board. The goal of the division is to ensure timely benefits and support effective return to work outcomes for employees. And the Division of Apprenticeship Standards, also known as DAS, supports apprenticeship programs across California in high demand industries, creating pathways to good paying careers and helping build a diverse skilled workforce that strengthens the state's economy. DIR also carries out several cross cutting functions across the department that are often less visible but still critical to enforcement, policy development, and compliance. And of course we have a seasoned professional staff of administrative professionals to support all of the programs in many different ways through technology and budgeting and accounting and all of the legal work and all of the kind of things that go with that. DIR remains committed to protecting workers, supporting compliant employers and strengthening the economy. And we look forward to working with the legislature on shared priorities. Thank you, I'm happy to answer questions, but as I said, I'm also going to yield my seat to one of the people who are going to be on the panel for the next, or for the item that you announced, which is the subsequent injuries benefits trust fund, which is one of the administration's highest priorities in getting reforms to this year. I will be in the audience.

Senator Durazzosenator

Is anyone else making a presentation? Yes. Who's that going to be? Yeah. Okay, here we go.

Emily Suenoharaother

Good morning, Madam Chair and committee members. I presenting on issue four the Subsequent Injury Benefits Trust Fund Trailer Bill language Are you Jazzy Yes sorry Jazzy Graywell with Labor Agency Thank you Over the last several years there has been an unsustainable growth in the SIBTF program application backlog and liabilities that has led the program to become unmanageable This unsustainable growth is causing long delays for workers and severe staffing challenges for the department. Between fiscal year 2010 to 2014, around 850 new SIBTF applications were filed per year. Last fiscal year, DIR received over 5,000 applications, a six-fold increase. So far this fiscal year, we have already received more than 5,500 applications. In fiscal year 2023, there were over 15,000 pending cases in the backlog. We expect the backlog to exceed 30,000 open claims by July of this year, doubling the backlog in the past five years alone. Without amendments to the SIBTF statutes to slow the growth of cases and reduce SIBTF liabilities, DIR estimates total liabilities will increase to approximately $30 billion by fiscal year 2930. This is a $7 billion increase from last year's estimate alone. The impact on the employer assessment is expected to grow from 14 million in fiscal year 2015 to 1.5 billion in fiscal year 2930. Public self-insured employer share has grown from 19 million to 250 million in that same time frame. and the state share is expected to grow from $3 million to $44 million. The administration understands the importance of this important program to our most severely injured workers and has put forward a proposal to comprehensively reform the program to ensure its long-term viability and availability. All the proposed reforms are included in the agenda on pages 16 to 18, and I can walk through these reforms in more detail if helpful to the committee. I wanted to focus on one critical provision that has generated questions, applying the reforms to the application and open cases in the backlog. This provision is necessary to reduce liabilities and ensure long-term viability of the program. And I just want to make sure that we're clear that applying the reforms to the application in open cases would not eliminate any benefits for an applicant who is currently receiving an award from SABTF. It will not require any applicant to start over or reapply. The reforms would not impose any mandatory timelines on applicants. And applicants would not need to take any additional steps unless they or their attorney choose to submit additional evidence. Applicants will remain in the process where they were before the reforms took effect. Unlike some state and federal programs that operate a queue, SIBTF does not. For SIBTF, an applicant moves forward in the process once they have submitted all necessary information, regardless of when they submitted their application. An applicant's case is considered open for several reasons. First, the applicant is missing required or requested information for their case. Second, one or both parties are conducting discovery where additional information may be sought by a case examiner to determine eligibility. And third, the applicant or their attorney and SIBTF have not agreed on a settlement or a workers' compensation judge has not determined an award amount. When an applicant files a claim, an award amount is not guaranteed. And only when a workers' compensation judge approves a settlement or issues an award for benefits is the applicant's case considered final. By not applying the reforms to the backlog, SIBTF liabilities across all employers by 2031 are projected to increase by $15 billion. By applying the reforms to the backlog, we would be able to reduce liabilities across all public employers by $3 billion. More specifically, the state of California would reduce liabilities by $500 million. dollars, LA County and city would reduce liabilities by $900 million, and public education by $600 million. With these changes, the administration estimates that the growth of the program We'll return to manageable levels, ensure claims are timely processed for our most severely injured workers, and avoid increasing costs to public and private sector employers by billions of dollars over the long term. With these comprehensive reforms, California will be able to ensure the ongoing viability and long-term availability of this important benefit. With me today to answer any technical questions are Ken Lau, Chief Counsel at the Department of Industrial Relations, Nicole Richardson, Acting Administrative Director and Chief Counsel at the Division of Workers' Compensation, and Judge Paige Levy, Chief Judge, Division of Workers' Compensation. Thank you for allowing me to make comments.

Senator Durazzosenator

Good morning. Thank you.

Josh Iversonother

I'm Josh Iverson, Chief Financial Officer for the Department of Industrial Relations. Just a few brief comments on the budget change proposal. The proposal is predicated on the comprehensive reforms included in the governor's budget. With full implementation of statutory reforms and approval of this staffing request, DIR projects significant operational improvements. The additional staffing will allow examiner case loads to be reduced from the current 1,100 cases per examiner to the industry standard of about 500 cases per examiner. We'll reduce attorney court appearances from the current 180 per year to about 150 per year. And accelerated case resolution, reducing waiting time from the current 5 to 10 years to about 3 to 5 years. With the proposed comprehensive reforms and these resources, the program will return to 2015-16 benchmarks within five years, resolving the backlog of existing cases within 10 years. This request assumes the reforms apply to all open applications in the backlog. If the adopted reforms exclude open unresolved cases, DIR would need a significant number of additional resources beyond what is being requested currently. I appreciate the subcommittee's consideration of this request, and I'm happy to answer any questions you may have.

Senator Durazzosenator

Thank you. Thank you. Mr. Lau, are you presenting or answering any technical questions?

Allison Hewittother

I'm just answering the technical questions.

Senator Durazzosenator

Thank you, sir. Chaz with the LAO.

Chaz Alamowitness

Thank you, Chaz Alamo with the LAO. So last summer, our office released a report assessing the state's CYBTIF program and the major fiscal risk and liability that are associated with the program. Our report pointed out that the CIDTIF program has evolved over time to include more lax eligibility standards for these benefits from what was originally intended to be a program that would support severely disabled workers who then were injured at work. has become now a program for which most of the applicants are a worker who sustains an injury at work, who has other underlying health conditions, chronic conditions, conditions of aging, if you will, so high blood pressure, diabetes, asthma, common conditions listed on CIPTIF applications. And our assessment was simply that today's version of the program differs greatly than its original intent. we proposed several changes that would sort of reframe eligibility standards to again target those workers who have an underlying severe disability and who are injured at work, sort of that original intent. Fast forward a few months, the administration has proposed this trailer bill language. Our assessment of the trailer bill language is that it largely aligns with the recommendations that we made last year and would be a meaningful step for the state to return CIDTIF to its existing original intent A couple additional comments The program was relatively small 10 or 15 years ago a few hundred applicants a year, and that is indicative of how rare these instances were. With the change in eligibility, the program applicants are now up tenfold each year, and that means that the change that the administration has proposed to apply the sort of historical eligibility standards to the existing caseload. So these are the cases that are in that, not Q, but I don't want to call it a backlog, but the cases that are pending. In essence, that is the entire universe of subsequent injury claims. There are 4,000 claims that have been finalized for which workers are receiving benefits, and there are 30,000 claims still under assessment by the department. So the trailer bill change isn't so much retroactive, in our view, as it is sort of recommitting the state to the CIDTIF eligibility standards that were originally intended. To take a moment to discuss the BCP, the workload BCP related to the trailer bill. In our view, it's the administration's best assessment of the workload that it will need over the coming years to handle the implementation of new trailer bill language and the resulting workload changes. These assessments are educated guesses. They're the best the administration can do. Our office, along with the administration over the next couple years, would follow the implementation and assess whether workload needs were greater or lower than were included in this BCP. and we'd be happy to work with the subcommittee to right-size the staffing requirement associated with that. And finally, the fiscal pressure for state and local governments from CIPTIF claims is hidden. And what I mean by that is there's no state budget line item that shows a CIPTIF liability. I think the best analog is the state's annual UI interest payment that we make to the federal government for the outstanding federal UI loan. That is a line item. It's heard in this subcommittee and we talk about it. One of the reasons I point that out is that these costs aren't as salient to the state or to local governments because they get folded in with other employment costs and aren't aligned on them in the budget. I think that comparison to the UI loan is an apt one. The CIPTIF liabilities for public and private employers in the state without changes, as proposed in the trailer bill language are right now larger than the state's outstanding principal loan amount for the unemployment insurance loan that we owe the federal government. That stands at about $21 billion, and CIPTIF liability is currently estimated to be about $30 billion. Happy to take any additional questions. Thank you so much.

Senator Durazzosenator

Thank you for that background. Department of Finance, anything you'd like to add?

Cynthia Elmorewitness

Grace Henry, Department of Finance available if there are any questions.

Senator Durazzosenator

Thank you. Senator DeRosso.

Senator Maria Durazosenator

Thank you, Madam Chair. I appreciate all the work that's being done around it, and I'm glad we're tackling it rather than just ignoring it the way that we do with the UI. And I want to go to your comment about returning to the original intent. So I get having to do that. the bill requires pre-existing conditions to be documented before the subsequent injury. So how will DIR handle cases where a worker had a real pre condition that wasn formally documented Is there a hardship or appeal process for that

Jazzy Grewalother

Jazzy Graywell with Labor Agency, happy to take that question. There are two different ways in which a worker who does not have prior medical evidence will be able to establish their pre-existing disability existed at the time of the subsequent injury. So first, since a subsequent work injury must be work-related, currently a worker is assigned a QME, a qualified medical evaluator, and as a part of that QME's role in evaluating the subsequent injury is to look at other injuries, conditions, or disabilities a worker might already have through their comprehensive medical evaluation. So for example, a worker who was in a bad accident where they broke their arm over 10 years ago but was unable to access health care due to cost, their arm never healed properly. So in that QME's evaluation, they would be able to assess that arm injury and establish that it did not occur prior to the subsequent injury. So that's one way. The second way is that the trailer bill does allow for submission of contemporaneous evidence. So in Section 4754.1 of the trailer bill, it allows for medical records, testimony, or other evidence in existence at the time of the subsequent industrial injury. So what is currently happening is that applicants are trying to establish after the fact, after that subsequent injury, that they had a pre-existing condition. So what the TBL does is it allows for that contemporary evidence that was in existence before the subsequent injury. There does need to be proper guardrails to prevent abuse or fraud in determining years or decades old later that an injured worker suffered from a pre-existing disability. And we believe the trailer bill strikes this balance by allowing for additional types of evidence to be submitted and while also using its current QME process to establish those pre-existing disabilities. Thank you.

Senator Maria Durazosenator

The original, would you say, CIPTIF?

Jazzy Grewalother

The original CIPTIF was designed to protect low-paid workers without disability pensions from employers unwilling to hire them with visible disabilities. how does the IR ensure the reforms don't inadvertently harm the workers the program was designed to protect? You might have already covered a little bit of that. Yeah and I'm happy to expand on that too. So SABTF or SIBTIF as some love to call it was established in the 1940s and this is before we had other discrimination disability protection laws on the books and so since the establishment of SABTF, we now have FIHA, ADA to prevent disability discrimination. We also have SSDI to offer payments to workers who may be disabled. And so there are other existing protections that exist in the workplace to ensure that we are continuing to hire workers with disabilities. And so I just wanted to just share that. And the other part too is that workers who have disabilities will continue to go through the process. What we have seen and what LAO has noted is the increase in chronic conditions. And trying to establish that it was a pre-existing condition after the subsequent injury. And so for injured workers and workers who have pre-existing disabilities and conditions, those cases will continue to move through the process. The reforms are largely intended to tackle the issues we have around the chronic conditions.

Senator Maria Durazosenator

So the trailer bill will route CIPTIF medical evaluations through the QMA process. But this system has a documented shortage of evaluators and produces significant delays in the regular workers' comp cases. So how will you ensure that the QME can absorb these cases without further delaying resolution for other workers who have been waiting months or even years

Allison Hewittother

I'll take that question. Ken Lau, Chief Counsel of DIR. So what the trailer bill language does is that it requires the SIBTF applicant to use the QME report that was done in the industrial case. So it's a subsequent industrial injury. So in most cases, when a worker suffers a work injury, they will have been evaluated by a qualified medical evaluator, as Jazzy pointed out earlier, and with a comprehensive report of the applicant's medical history. And then what the trailer bill language now allows for is for the applicant to use that report, which documents all of the injuries, in the subsequent injury claim, which will actually streamline the process.

Senator Maria Durazosenator

Okay. Got it. The trailer bill applies retroactively to 30,000 open, non-final cases, including cases where workers have been litigating in good faith under existing law for years. has the DIR modeled how many pending claimants would lose eligibility under the new labor disabling standard,

Allison Hewittother

and what transition or hardship provisions exist for those workers? I'm happy to take that question. Currently, everything would have to be, we'd have to manually go through each case and assess each case for eligibility. So it is very difficult for us to do that in that manual process. It's very time intensive and resource intensive. So we have not been able to do that. We are in the middle of a modernization project and so it is all manual at this moment. And so we don't know how many cases will meet the new labor disabling definition. But if the reforms are applied to those open cases and applications, that will occur through that process by case examiners and by the judges. How the process currently works is there, and I'm going to speak in very broad strokes because it's a very complex program with many steps, is the first step is the application process. An applicant applies for SIBTF benefits. The applicant and or their attorney will receive a letter from DWC, the Division of Workers Comp, requesting a number of different pieces of information. And once that information is compiled and sent to DWC, they'll move into the next phase, which is what we call discovery. And in the discovery phase, that is when case examiners review the evidence that is submitted, and then they'll request, if needed, additional evidence to determine eligibility. And once that case file is closed and all the information that is requested is needed, is in that file, then they'll move to the next phase, which is where either they'll get a hearing date with a workers' compensation judge to have their case heard, or the attorney and the applicant can pursue a settlement with DWC and DIR. So those are sort of the three phases. And so it is very difficult for us to determine who in each of those phases would meet the labor disabling definition, but we would be able to, in that process of implementation, have each case examiner and judge examine that evidence. And attorneys and the applicants, if they wish to do so, can submit additional evidence to meet those eligibility thresholds.

Senator Maria Durazosenator

So since we don't have all that information, Tracking it would be really important, you know, just to see what's the reality out there. And then finally, just one more question. The governor vetoed AB 1329 and called for comprehensive reform through the budget process. That trailer bill is now before this subcommittee, this trailer bill language.

Senator Durazzosenator

But AB 1576 is simultaneously moving through the policy committee process. So how does the administration view the relationship between the two vehicles?

Senator Durazzosenator

I'm also happy to take that question, if that's okay.

Senator Durazzosenator

What would we do without you?

Senator Durazzosenator

We, the bill continues to move through the legislative process. the department and the agency and the division have been directed via the veto message to come up with a comprehensive proposal. And we really do need comprehensive reform to address this exponentially growing workload and liabilities and growth in the program. And so from our perspective, it is really difficult to address this problem in a piecemeal approach. So that is why you see such comprehensive reform in the trailer bill, because that is the approach that is needed at this point of where we are seeing exponential growth of the program. And so we continue to monitor the legislation, have noticed that it was recently amended, and so we'll work to continue to assess the impact that that will have. But we believe that the comprehensive reforms in the trailer bill is the way to address the liabilities and the workload that the department is seeing. And to truly be able to address this significant backlog, We have workers who are seriously injured who are now stuck in this backlog and taking five to ten years for case resolution. And those workers need to see much faster case processing times to be able to have their cases heard. And without comprehensive reform, we will be in a very difficult situation to be able to do that.

Senator Durazzosenator

Great. Thank you. Senator Durazo, the LAO, I think you wanted to chime in. Do I pronounce your name Alamo or Alamo?

Chaz Alamowitness

Alamo.

Senator Durazzosenator

Alamo.

Chaz Alamowitness

Thank you for asking.

Senator Durazzosenator

Did you want to add something?

Chaz Alamowitness

I don't want to step on.

Senator Durazzosenator

Okay, excuse me. Senator Durazo, you asked a question related to changes in eligibility standards,

Chaz Alamowitness

and I think I only wanted to add a bit of nuance. The legislature has not set the eligibility standards for the CIPTIF program. The laws were written rather vaguely in the 1940s, And what has happened is that a series of decisions, some made by the legislature, unintentionally affected eligibility for CIPTIF. The Workers' Compensation Appeals Board issued a decision in 2020 that related to a legal question but had major ramifications for the CIPTIF program. And so what I mean to impress upon the subcommittee is that eligibility has expanded by sort of actions and inertia outside of the legislature's direct action. So to characterize it as an elimination of an eligibility for a worker is, I think, giving the sense that the legislatures recently allowed for all of these uses, when in fact it was sort of the evolution of the program rather than specific, explicit legislative action like contemplated with the TBL I appreciate your comment because that gives greater context to what we talking about here

Senator Maria Durazosenator

I guess I'm referring not so technically as much as if the end result is that a worker loses because the standard for all these reasons changed, then that's what I'm concerned about. And I know you all too, but that's what all these questions are aimed at. Thank you.

Senator Durazzosenator

Thank you. Senator Ciardo.

Kelly Seyartoassemblymember

Thank you. And fortunately, I don't have any good questions for you because it's pretty well much been covered. But I do have a couple of comments because this is one of the more critical issues that we need to get a grasp on. Otherwise, it affects so many things. And to your comment earlier about you don't see it in the line item. from a city perspective, from a government agency perspective. That's because there is no decision to make when your workers' comp insurance goes up from $1 million to $2 million. But all employees see is that, hey, the city made $1.5 million more in revenue. Why aren't we getting some of that? Well, it's because that line item is not a decision thing. We don't say, oh, no, we're not going to pay the extra $500 or a million. They have to pay it. And so all of that excess revenue, and you can see that in the state budget as well. At $15, I forgot how much more billion dollars in state revenue that we brought in this year. We're spending $250 in the general fund instead of about $228 last year. Well, everybody wants to know, well, where's all that money going? All of it goes into those type of things, and a lot of it is related to programs like this. I've been able to see this on both the workers' comp issue later on that we're going to talk about, but this program as well because they kind of overlap. It's one of the most abused systems ever because there is no incentive along the way for anybody to not do it, from the medical care parts to the legal parts to the employee parts. But if we don't get a handle on this, our employees don't get raises because we're paying out money. The people that are egregious, that are hurt the most, wind up in the system waiting while it's inundated with people that are taking advantage of a system that has basically, what he was talking about, that LAO was talking about was the scope of what the definitions of what these things are has widened and widened and widened. And there's nothing we can do about it because we have protection mechanisms in place for a lot of people. And you can't go after that. It's blatant out there. And we can't go and reel it in. There are very few cases that actually they investigate a fraud and are able to hold somebody accountable for that. There's so much of that out there, and we have to figure out how to reel this in. These steps that they're taking, they need to be done. To me, it's like no questions. We have to do these. And I applaud the LAO for coming up with those great ideas about how to fix a program. We have to caution ourselves so that the people that are truly injured terribly and need the help are getting the help and they getting it rapidly which means we kind of have to have a way of triaging the most injured so that they get the care they need We can't have people laying in bed for four months waiting for their next doctor appointment. And so, you know, I am in agreement that we need this, and I applaud everybody for recognizing the dire need for it. Thank you.

Senator Durazzosenator

I have no further questions, as my colleagues have perfectly brought the key points forward, although I do have one point of personal privilege. Ms. Grewal, is your title Deputy Secretary of Legislation?

Senator Durazzosenator

Yes, it is.

Senator Durazzosenator

Okay, I'd like to recommend that you have a promotion from the director who's here present, that your knowledge of the program far exceeds legislation. It sounds like you run the program. So congratulations and thank you for your very in-depth knowledge of sharing with the committee.

Senator Durazzosenator

Thank you so much.

Senator Durazzosenator

Put that in writing and make sure it's in your documents. With that concludes, and see even Senator Durazzo concurs. So you got two there, two out of three. That concludes issue number four. We're now going to move to issue number five, which is the elimination of vacant positions at DIR. We're joined by the following individuals. The same with the Department of Finance and LAO. and also Mr. Iverson, I believe, is staying our CFO of DIR. Let's see if you can match Jazzy. I think she's got you pushed on there.

Senator Durazzosenator

Yeah, definitely something to aspire to. And hopefully I do because I'll be with you for the remainder of DIR's issues. So hello again, Josh Iverson, Chief Financial Officer at DIR. Thank you for the opportunity to provide an overview of DIR's approach to the vacant position eliminations under budget control section 4.12. In response to this budget directive, DIR conducted a comprehensive and deliberate review of its vacancy landscape, operational needs, and program priorities. At the time, the department had roughly 4,000 authorized positions with about 1,000 vacancies. Our goal was to identify a level of reduction that would achieve meaningful savings while minimizing impacts to core mission-critical functions, implementing this budget control section in a balanced and responsible approach. DIR divisions, which there are many, were given the flexibility to identify vacancies that could be absorbed with the least operational disruption. This decentralized approach ensured that decisions were informed by program-level expertise and aligned with each division's unique workload and priorities. The department focused on eliminating long-term vacancies and positions that were more administrative or clerical in nature, while taking steps to protect frontline enforcement and service delivery to the greatest extent possible. Even after the reductions, DIR retains several hundred vacant positions, providing continued flexibility to address the highest priority needs as they evolve. We recognize the concerns raised regarding workload and backlogs in certain areas and remain committed to monitoring these pressures and adapting within available resources Thank you and I look forward to answering your questions

Senator Durazzosenator

The LAO. Chaz Allen of the LAO.

Chaz Alamowitness

Our office has no specific comments about these particular proposed eliminations. Would defer to all the work that staff have done on your behalf.

Senator Durazzosenator

Thank you. Department of Finance.

Senator Durazzosenator

Allison Hewitt, Department of Finance. My particular role here is I'm happy to answer any questions from the administration in terms of the statewide implications here. And just note that in conjunction with the control section 4.12 of the 2024 Budget Act, the administration worked to identify vacant positions across state government while minimizing to the greatest extent possible any public impact associated with those reductions. that exercise enabled the state to address a budget gap that was projected both in 24-25. It also helped to build budget resiliency. So with that, my colleague can answer any questions that are specific to DIR, and I'm available to answer any questions the committee has as well.

Senator Durazzosenator

Thank you. Senator DeRazzo?

Senator Maria Durazosenator

Thank you, Madam Chair. All these positions are paid for with special funds. So if the point of these vacancy sweeps is to reduce the structural deficit, why are we using non-general fund positions? Why are these non-general fund positions being targeted? Thank you for the question.

Senator Durazzosenator

I'll start and I will probably pass it off to my colleague for the DIR specifics. Yes, obviously general fund was the priority because that was the structural gap that had been identified. But within the control section language, the Department of Finance was able to look at various funding sources, so not just the general fund but also special funds. The special fund analysis, the administration's position is that building budget resiliency within the special funds, many of which are supported by fees or assessments. In the case of the Department of Industrial Relations, we're talking primarily about assessments on employers, annual assessments. There is a good case to look at those special funds and build resiliency within those funds in addition to solving the immediate general fund budget problem that was in front of us. And my colleague can provide kind of the specific fund source information to the extent that it's helpful, but that's the construct of the drill. Is that the way that the administration approached was both general fund, but also having a special fund component of that.

Senator Maria Durazosenator

Well, these positions cover things like recovering stolen wages, worker safety, and they're meant to respond to California's workforce, working people, to the needs of work. So these, as you said, these special fund positions are paid for with fines and fees. They come from enforcement activity. They're not just fines and fees. they're because of violations and they're part of addressing violations. So it's enforcement activity. It's not like a tax where we're just trying to penalize an employer. So why would we eliminate these positions which perform the very activities that are needed? And we know that there's more and more workforce violations occurring out there. And so we're taking away positions to enforce where the fines and fees are being used for enforcement activities. at a time when there's most needed, when there's more abuse, and taking that away from them when it's not hurting our general fund. So I don't want to make this connection, but we just talked about a little while ago the elimination of other positions, or not elimination of other positions, but not increasing or not maintaining the positions. this is not the combination of the two is not what's needed at this particular time. So how can you explain first these positions, these vacancy sweeps, and then am I making this connection? Is that fair or not?

Senator Durazzosenator

Yes, thank you, Senator. As Allison mentioned, it was a statewide approach. There were historically 40,000 vacancies statewide. The administration wanted to try to eliminate 10,000 of those, again, statewide across all state departments, across all funds, across all bargaining units. Within the Department of Industrial Relations, we took kind of a similar approach. We wanted to kind of spread this out over all of the department's divisions. Director Osborne, when she testified, mentioned a few of them. Labor standards enforcement and Cal-OSHA and apprenticeship standards and workers' compensation. We also have many commissions, councils, boards. It's a pretty complicated department. And so we wanted to allocate the elimination of positions across the entire department so that we weren't really focusing heavily on any one in particular. with respect to the wage claim adjudication unit within the Division of Labor Standards Enforcement. They did participate in this exercise, as did practically all of the department, because had we not had each division within the department participate, it would have magnified the impact in other high-priority divisions in our department. We recognize workload pressures and backlogs. However, the positions identified for elimination were vacant, and the removal reflects a balancing of priorities across the entire department. As a result, yes, there are some flexibility considerations, considerations, but we do not anticipate a direct immediate impact on the existing backlog attributable to these reductions. We will continue to monitor workload and staffing levels and evaluate options to address backlog challenges within available resources.

Senator Maria Durazosenator

Yeah, the problem with vacancies, it doesn't mean that they're not needed. A vacancy could be because we haven't figured out how to recruit people, like in Kalosha. We haven't figured out how to recruit people and retain them. That's our problem. It's not because there's not a need out there. And that's a really different, that leads you to a different conclusion than, okay, they're empty, they're vacant, so we don't need to fill them because obviously there's no need for it. That's not the case. and this with regards to labor standards. We know that that's not the case. There more need than ever I mean right now with all of the immigration raids that are taking place a very common thing for employers to do is to use that to intimidate and retaliate against immigrant workers in order to lower the standards or not pay the wages or other bad things that some employers do So this is not the time to pull back, and I really urge you all to reconsider that, because that doesn't make sense if you look at the reality of what's going on in the workplace. And that's not what California, having these laws on the books doesn't mean anything if we're not enforcing them. So, Madam Chair, I really urge us to dive into what this means to Californians. Thank you.

Senator Durazzosenator

Thank you, Senator Durazo. I want to build upon our comments and if there are any MBA people in the room or LAO. I was always told in our projects that budgeting and cutbacks of positions should not be done smoothing out, you know, just taking numbers and say, okay, I want to take, we got to do 10,000 jobs and we're going to take 1,000 from each department. That's not what most people will recommend in business school. What they tell you is, is that actually you're supposed to look at each and every department, determine what is the need of that department. and that may mean some departments may not have any cuts, and some may have double based upon really frankly where the need is. So I concur with Senator Durazo. I'm a little concerned with the view of, well, we know we need to cut, and so we're trying to spread it out. And if we've already identified that this is an area where there are significant backlogs and issues, This may not be the department at this time to eliminate those positions. These may be positions we want to keep and consider other areas within your vast department of 4,000 employees and all of that to consider maybe looking someplace else. So if you could come back to the committee with really assuring us that based upon the previous discussion we just had in the issue, that these positions are not positions that are going to be impacting dealing with the backlog and dealing with new systems and all these other things that you guys are doing. Because this is a priority of the legislature, as Senator Durazo has stated.

Senator Durazzosenator

Okay.

Senator Durazzosenator

All right. So you're going to get that back to us?

Senator Durazzosenator

Yes, we can commit to that, yes.

Senator Durazzosenator

Okay, thank you, sir. All right. With that, seeing no further questions, that's going to conclude issue number five. We're going to move. Oh, I'm sorry. I had one question. Does this department utilize the temporary help blanket program?

Senator Durazzosenator

Yes, DIR definitely does utilize the temporary help. Sometimes people refer to it as blanket because they have blanket authority to hire people into temporary health-funded positions. For example, you may recall, it's been a few years, but Assembly Bill 171 provided the department some emergency hiring authority, and then the language of the bill also called for DIR to work with CalHR and the State Personnel Board to review certain classifications and the minimum qualifications associated with those to see if they needed to be amended or updated So both Cal OSHA and the Labor Commissioner Office utilize that authority under AB 171 to hire into the temporary help blanket And one thing that's kind of not immediately clear when we talk about the elimination of positions within the department is those are authorized positions that we're referring to. It doesn't really talk much about positions that have been hired into the temporary help blanket. So utilizing the authority under AB 171 allows the Labor Commissioner and the Chief of Cal OSHA to kind of mitigate some of the impact of those positions being eliminated.

Senator Durazzosenator

Well, I'm of the position that actually I would rather you hire people full-time to do the work versus utilizing the temporary blanket program. And we could eliminate the temporary blanket program. How about that?

Senator Durazzosenator

Well, yep, thank you.

Senator Durazzosenator

I appreciate that, Madam Chair. That was really a rhetorical. I'm glad to hear that. So if you could please provide to the committee maybe just your summary of how has the temporary help program evolved in your number of people and then is that growing? Is it reducing kind of what's happening with it as in relation to the vacant positions? So we can ensure that it's always our hope that we would hire good qualified people who would be committed to the department, who could grow with the department and then that expertise could continue to stay in the department. So if you could help us maybe with a little more details on the background. That would be great.

Senator Durazzosenator

I can commit to that. And what Kal-Losha and the Labor Commissioner's Office have been able to do under that authority under AB 171 is hire into the temp help blanket, which allows those staff to be trained to meet the minimum qualifications that would allow them to be hired into a permanent position.

Senator Durazzosenator

Yes, I understand. Okay, that concludes issue Issue number five, we're now going to move to issue number six. And the CFO is going to stay in the hot seat here. Issue six is the Bureau for Investigation Resources and we'll be joined by the following panelists. Danielle Lucido, Chief Counsel of the Division of OSHA. We're also going to have Deborah Lee, the Chief Division of OSHA as well. then Mr. Iverson is staying and we still have our same representatives from LAO and Department of Finance. With that, why don't you go ahead and get started? Thank you, Madam Chair. Again,

Senator Durazzosenator

Josh Iverson, CFO at Department of Industrial Relations. This proposal is requesting 14 permanent positions and $2.3 million in fiscal year 26-27 and $2 million ongoing from the Occupational Safety and Health Fund to strengthen CalOCHA's Bureau of Investigation. This unit is responsible for investigating the most serious workplace incidents, including fatalities, and for preparing cases for potential criminal prosecution. The Bureau currently handles a significant and growing workload of workplace fatality and serious injury cases each year. This proposal reflects the need to align staffing with that workload and ensure the department can carry out timely thorough investigations in the most serious cases With these additional resources Cal OSHA will be able to expand its investigative capacity improve timeliness, and strengthen enforcement of workplace safety laws. A stronger investigative presence also supports deterrence, reinforces employer accountability, and helps prevent future injuries and fatalities. Ultimately, this proposal is about ensuring that the most serious workplace incidents receive appropriate attention and that California continues to uphold strong workplace safety standards. Thank you, and I'm happy to take any questions.

Senator Durazzosenator

Thank you. Who'd like to go next of you two? You're just here to answer questions in support. Okay, thank you.

Chaz Alamowitness

LAO, no further comments.

Senator Durazzosenator

And Department of Finance? Okay.

Senator Maria Durazosenator

Senator Durazo? Yes, he got the message from the last. Is your mic on?

Senator Durazzosenator

Okay, I didn't hear you very good.

Senator Maria Durazosenator

There you go.

Senator Durazzosenator

Hello.

Senator Maria Durazosenator

Anyway, I went to visit a woman who lived in an extremely poor part of town in a trailer park, and she had just lost both of her sons in a workplace, both of them minors, and the whole family undocumented. It was the saddest thing I've ever had to do in my life to visit her. she's not knowing what to do I just say that obviously to connect how important these investigations are to see that there's fatalities in the workplace almost every other day there's something that's not a good message that's out there that the conditions are so bad that somebody dies on the job every other day Okay, so I, you know, the BOI currently investigates, you know, about 70% of the cases in the jurisdiction each year. So seeing is how we need to do more, and I really appreciate the proposal to get more staffing on there. what criteria, because you only get to 17% of the cases, what criteria is used to prioritize the fatalities and the serious injuries that get investigated? And what kind of work do you do with the workers, the families, and the employers when it goes uninvestigated?

Cynthia Elmorewitness

Okay, I can try my best to answer that for you. So when we're looking at cases that are referred to us, we look for cases that typically involve a serious accident-related citation, which means that our enforcement staff on the civil side have made a determination that the accident or fatality was caused by a serious violation of regulation. we often refer to those as SARS and if you look at the labor code 6315 it tells us that those are the types of serious cases that we are to look at serious accidents caused by a Serious violation is what it says in the labor code. So we're supposed to be looking at all of those. And then from looking at them, we are to pull out the ones where we think that there's a potential for criminal liability. And once we do that, then we try and investigate those. And those are the ones that we actually investigate. And there is a procedure, a policy and procedure about how to determine, you know, it gives criteria to the investigators. And there's sort of a pre-review done by the supervising special investigators and the chief investigator.

Senator Maria Durazosenator

What kind of work or what do you do with the family? and the employers. I'm sorry, Senator Durazzo.

Cynthia Elmorewitness

Could you say that one more time? Yeah. What do you do or what happens with your families and the employers during this time? During the time of the investigations?

Senator Maria Durazosenator

OK.

Cynthia Elmorewitness

So during the time of the investigation, we are interviewing people from typically from the employer's staff, if that's necessary. They know that we're conducting a criminal investigation. Does that answer your question, Senator Durazzo, for the employer?

Senator Maria Durazosenator

Hello?

Senator Durazzosenator

It might get a little wonky. If it keeps up, we'll have you switch over now. Okay.

Senator Maria Durazosenator

Well, I just, since it's a fatality, since it's so serious, I just wonder what is it that you do during this process of investigation with the families, with the employers?

Cynthia Elmorewitness

So to the extent that the family has information that can be helpful in our investigation, then we utilize that as a resource, any source that we can get. So it could be people who work for the employer. It could be the employer and their staff. And unfortunately, sometimes it is the family of the decedents who know information that's critical to our determination about criminality. If there is no evidence that we would get from the decedent's family, we typically do not have any kind of engagement with them at the BOI. That doesn't mean CalOSHA doesn't engage with them. That just means in the criminal bureau.

Senator Durazzosenator

What I could add, I can't tell if I'm on now. What I would add is that during the investigation, we do make immediate contact with the family at a reasonable time. We will also keep them informed of the investigation as to what is being transpired. We will also definitely interview the family to see if, as Chief, I'm sorry, I call her Dan, sorry, LeChiro had stated, to ensure them and give them a way of communicating to us so that we can explain the process to them. And we stay informed with them throughout the process.

Senator Maria Durazosenator

Okay. Thank you.

Senator Durazzosenator

Mm-hmm. See if no further questions? Let see If the 14 positions associated and associated resources are approved what is the timeline for which the administration expects to fully address the backlog?

Senator Durazzosenator

Want me to answer that?

Senator Durazzosenator

Sure. Whoever has the answer.

Senator Durazzosenator

My co-panelists, if they wanted me to be the one. That's an excellent question. I think that the intention is to not have a backlog as soon as possible. And it's hard for me to say, because we have not been adequately staffed, how long it will take. I think it will be relatively quick to get through the fatality backlog. The fatalities are a much smaller number. I think for the serious injuries caused by a serious violation, we've done math to sort of, we've looked at the cases from 2024 and 2025 to determine how many of those we think would be cases we would have to actually investigate.

Senator Durazzosenator

And it's about 615 of the approximately 2,000. So that would basically triple our workload, because right now we're looking at about 370 fatalities a year, or cases, most of which are fatalities. So if we're adding on that additional 615 a year, which currently we don't get to, it is going to add quite a lot of work. Okay. So can you please provide to the committee, because we don't operate in as soon as we hope, if you could provide to the committee a better idea as we move forward with supporting the request, wouldn't you anticipate resolving your backlog, the time frame?

Senator Durazzosenator

Grace Henry, Department of Finance. And I just want to provide one clarification, which is that generally speaking, BOI does not carry a backlog due to the nature of these kinds of cases where there are statutes of limitations. There is a current amount of cases, as the chief Lichita was saying, that these resources would go a long way to addressing. And we will absolutely get back to you with those projections. Thank you.

Senator Durazzosenator

Thank you very much. Seeing no further questions, then that's going to conclude with issue number six. We'll move to issue number seven, which is the Workers' Compensation Appeals Board. More specifically, to remove the sunset for appeal timeline provisions, trailer bill language. And we're joined by the following panelists. We have before us Catherine. I'm not going to butcher your last name, chair of the Workers' Compensation Appeals Board. We have Mr. Iverson, who's returned, and then we have our LAO and Department of Finance representatives who have remained. Chair, would you like to start, or you're here to?

Joelle Ballother

Yes. Good afternoon. I'm Catherine Zaleski, and I appreciate your fears of my name. And as you know, I'm the chair of the WCAB. Labor Code Section 5909 requires us to act on a petition for reconsideration of a decision issued by a workers compensation judge within 60 days Petitions are filed with the Division of Workers Compensation and then transmitted to the WCAB once the judge has prepared a report and recommendation addressing the petition The judge has 15 days to issue that report. Under former Section 5909, the 60 days began to run when the petition was filed. Any delay in transmitting the case did not extend the 60-day period. As a result, the ability of the WCAB to act on petitions within 60 days was substantially limited. In order to meet the 60-day requirement, WCAB often issued an interim order granting the petition for further study and then later issued a final decision, creating a backlog of cases awaiting those final decisions. Effective July 1st, 2024, Section 5909 was amended so that the 60 days begins to run when a case is actually transmitted, rather than when the petition is filed. Since the amended version took effect, WCAB has significantly reduced the number of cases awaiting decisions, from 637 on July 1st, 2024, to 460 as of April 21st, 2026. Additionally, we have been able to limit the numbers of cases that we grant for study because we have a true 60-day period to consider the petitions as they come to us. This amendment is set to sunset on July 1st. We're asking that the sunset be repealed and the amended version become permanent. I'm happy to answer any questions that any of you may have.

Senator Durazzosenator

Mr. Iverson, did you have anything to add?

Emily Suenoharaother

Heard of support.

Senator Durazzosenator

Okay, thank you. LAO's office?

Emily Suenoharaother

No.

Senator Durazzosenator

Department of Finance?

Senator Durazzosenator

Okay.

Senator Durazzosenator

Senator DeRazzo?

Senator Maria Durazosenator

One question. What's the size of the remaining backlog?

Joelle Ballother

Right now or as of April 21st, it was 460.

Senator Maria Durazosenator

Oh, and that, so that before the change it was 637?

Joelle Ballother

637, yes.

Senator Maria Durazosenator

Thank you.

Senator Durazzosenator

That's all. No further questions?

Senator Maria Durazosenator

No.

Senator Durazzosenator

Okay. All right. That's going to conclude issue number seven. Thank you for your updates and your progress, more importantly.

Joelle Ballother

Thank you. Yes, ma'am.

Senator Durazzosenator

That will include item number seven. We're now going to move to item number eight. Issue eight is the apprenticeship training grant augmentation. We'll be joined by the following panelists for this issue. We have Adele Burns, chief of the Division of Apprenticeship Standards, and Mr. Iverson is staying in to support, and we also have our LAO and Department of Finance representatives. We'll start with Ms. Burns.

Emily Suenoharaother

Actually, if you don't mind, I'll go first.

Senator Durazzosenator

No, ladies go first. Sure, go ahead.

Emily Suenoharaother

Okay, thank you, appreciate it. Josh Iverson, Chief Financial Officer at DIR. The department requests approximately $18.2 million annually from the Apprenticeship Training Contribution Fund to increase training grants for building and construction trade apprenticeship programs from the current level of $3 million to $20 million per year through fiscal year 2930, along with some limited-term staffing to manage increased workload. This proposal is driven by an accumulated fund balance a surge in contribution check processing demands and urgent workforce needs tied to the Los Angeles fire recovery efforts This proposal better aligns available resources with current workforce demands Apprenticeship programs are critical to developing a skilled construction workforce, particularly as the state faces increased demand for rebuilding and infrastructure projects. Current grant levels underutilize available funds and limit training capacity. By increasing grant funding, the proposal will expand training capacity and help ensure a pipeline of skilled workers to meet near and long-term needs. The limited-term positions will support timely processing and program administration, avoiding delays or backlogs. This is a targeted fund-supported proposal that leverages existing resources to address immediate workforce needs. Thank you, and I'm happy to take any questions.

Senator Durazzosenator

Just the grant cap has been at $3 million, which I'm glad now to see that it's significantly increased. But if the current ATCF fund, what is the current fund balance? And why would we let it expire in 2930? rather than make it a permanent, given that the ATCF revenues are expected to continue growing with LA Rebuild and Infrastructure Investments. So two questions. What's the current balance, and why let it expire?

Emily Suenoharaother

Thank you, Senator Durazzo, for the question. The current fund balance is in the neighborhood of about $80 million. dollars. That's why it gives us great confidence to put forth this proposal to increase the annual grant amount from three million to twenty million and start to utilize that fund balance. Yes, we believe the revenue into the fund is sustainable. However, we want to be fiscally responsible and not over commit or over leverage the fund balance. That's why we put the end date of 2930 on there. If it ends up being more sustainable at an amount above $3 million, we'll definitely come back and discuss it with the legislature on what maybe we can put into place at that time.

Senator Durazzosenator

Okay. Any comments? Grace Henry, Department of Finance, just echoing the comments from Dair. Okay. Just want to make sure sometimes you get better proposals when you know that it's going to be several years down the line rather than year by year by year. That's very uncertain. So I think you get better proposals and better when you can project and when you can plan several years in advance. Okay, that's my only question.

Senator Maria Durazosenator

Thank you.

Senator Durazzosenator

Thank you very much. Let's see. good Okay, sorry here. So moving on, thank you very much. Moving on to issue nine regarding the pre-apprenticeship programs. Okay, thank you.

Emily Suenoharaother

Go ahead. Good afternoon. Josh Iverson, Chief Fiscal Officer at DIR. DIR requests two permanent positions and $336,000 in fiscal year 2627 and $300,000 ongoing from the Apprenticeship Training Contribution Fund to support the rapid growth of pre-apprenticeship programs in the building trades. California's pre-apprenticeship programs serve as a critical entry point into registered apprenticeships, preparing participants with the foundational skills needed to succeed in the trades and connect to career pathways. Demand for these programs has increased significantly. New California Apprenticeship Council pre-apprenticeship registrations have grown from just four programs in 2021 to 21 programs in 2024 and are projected to reach 170 by 2029. This growth reflects broader statewide efforts to expand apprenticeship opportunities and build a skilled workforce to meet California's infrastructure and economic needs. The requested analyst positions will ensure the department can keep pace with this growth by conducting program reviews, processing registrations, and providing ongoing compliance monitoring. With these resources delays in program approval and oversight could, excuse me, without these resources, delays in program approval and oversight could limit the expansion of pre-apprenticeship pathways. This proposal supports the governor's goal of serving 500,000 apprentices by 2029 by strengthening the pipeline into registered apprenticeship programs. Thank you, and I'm happy to take any questions.

Senator Durazzosenator

No. All right, I have one or two questions. For the pre-apprenticeship programs, what are the completion and placement rates for the Erica program and for the Hyrule Trading Partnership Fund and Building Trades pre-apprentices? Hello? Okay. Yes.

Josh Iversonother

For the pre-apprenticeship programs, what are the completion and placement rates for the ERICA and the High Road Training Partnership funding? Building trades, pre-apprentices, and what share pre-apprentices successfully enter registered apprenticeships? Obviously, that has to be part of the goal, right, to actually move through the apprenticeship programs. so first that any information on that? Yeah so Adele Burns I'm the chief at the division of apprenticeship standards and those are great questions and I'm happy to take those and follow up specifically since those were about two programs. One thing that I will just clarify is DAS obviously does run the ERICA grants and so we can gather that data for you and we do track it in our system so we can do that analysis and follow follow up with you about that. The high road to construction careers, some of those programs are registered pre-apprenticeships with DAS, but not all of them. And that is a grant program administered by the California Workforce Development Board. So we may need to I will probably be able to give you a partial answer on that Because of course if they are not registered with DAS we do not have the ability to tell you which of those individuals have matriculated into an apprenticeship But this, of course, is part of why we are broadly encouraging the registration of pre-apprenticeships so that we can have exactly those kind of metrics. And so we will follow up with you also about the completion rates of pre-apprenticeship programs. But I will say just high-level pre-apprenticeship programs typically range from two weeks to 12 weeks. So the completion rate is usually pretty high on those. Where there's more variation in completion rates is in apprenticeship programs. So I will say the key metric that we track with pre-apprenticeship is more around the matriculation into an apprenticeship program. So we have the stronger data around that.

Senator Maria Durazosenator

I was privileged to visit a, I forgot the name of it, in Los Angeles, the women's pre-apprenticeship program.

Josh Iversonother

Winter, maybe? Winter, perhaps?

Senator Maria Durazosenator

Yes, yes. And it was fabulous. I mean, the experience of what it takes and things that maybe weren't as big a challenge in more traditional careers, but to be in the construction career, how your family responsibilities, child care is really different to have to get to work at 4 or 5 o'clock in the morning on the other side of town. I mean, really, just down to the nitty-gritty, it was really, really wonderful. So I could see how that's going to increase because just saying, okay, apprenticeship programs should have more women. You know, okay, you know, you can say that all you want, but without these preparations for the apprenticeship program, it won't work. So given the success of these programs, shouldn't we consider additional resources? And, you know, we all know that we need more construction careers, more people in construction careers with the fires and so many other housing. We're doing a lot on the policy level to increase housing production, but we're all the people we're going to actually build. So I would really encourage you, as part of our vision for California and the needs for California, this could really use additional resources. Thank you.

Senator Durazzosenator

Thank you. Thank you, Senator Durazo, for not only your good questions but covering for me there. You're a great wingman all the time. I just have one more. Yes. And can you provide a status update on the California Youth Apprenticeship Program? Happens to be my bill. Anyway, my understanding there's been a model for federal programs and other states. So if you could get that to me, that would be great.

Josh Iversonother

Absolutely. Is there any particular area of the Youth Apprenticeship Program? Are you thinking specifically about the pre-apprenticeships funded by the California Opportunity Youth Apprenticeship Grant? Are you looking for sort of the same metric for that program?

Senator Durazzosenator

Whatever you have. Whatever. Okay. I know it started with $50 million over three years, right?

Josh Iversonother

Yeah, so I mean I can give you just a high-level update about the, we call it the COIA grant, the California Opportunity Youth Apprenticeship Grant. And we have been allocated $65 million over three different budget years. And we've done two rounds of awards. We awarded million in grants And there is a third round of that grant that we are soon to announce the awardees And what we did with the third round of the grant was actually to provide continuation funding to the round one and two grantees that have really met significant milestones and registered their programs whether it be a pre-apprenticeship or apprenticeship, and providing continuation funding to those programs to help them launch and continue to scale and serve more opportunity youth. So that's kind of the high level, but happy to provide any other further updates you're interested in.

Senator Durazzosenator

Thank you. Seeing no further questions, that's going to conclude our issue number nine. and now we're moving to issue 10, which is the increased support for judgment enforcement. We will be joined by the following panelists for this issue. We have Ms. Garcia Brower from the Labor Commissioner with the Division of Labor Standards and Enforcement. Mr. Iverson, who's still hanging in here. And then we have our final same representatives from the LAO and Department of Finance. are you going to are we going to do Ms. Brower first Mr. Iverson

Emily Suenoharaother

I'd like to be consistent and go first myself if that pleases the chair you haven't convinced me why yet because I wrote it down and everything I

Senator Durazzosenator

well she's prepared too go ahead Mr. Iverson

Emily Suenoharaother

alright thank you I appreciate it good afternoon Josh Iverson Chief Fiscal Officer at the Department of Industrial Relations. This request is for 14 permanent positions phased in over two years and up to 2.3 million dollars in fiscal year 26-27 with two million dollars ongoing from the Labor Enforcement and Compliance Fund to expand the Labor Commissioner's Judgment Enforcement Unit. This unit plays a critical role in ensuring that workers actually receive wages that have already been legally determined to be owed to them through the wage claim adjudication process. When employers fail to comply with final orders, the judgment enforcement unit uses legal tools such as liens, levies, and asset investigations to recover unpaid wages on behalf of workers. The unit is currently managing a substantial and growing volume of enforcement actions reflecting both increased enforcement activity and continued challenges in securing payment from non-compliant employers. This proposal will allow the department to expand his capacity to process referrals, pursue enforcement actions more quickly, and improve outcomes for workers who have already prevailed in their claims. Strengthening this function is essential to ensuring that judgments are meaningful and that bad actors are held accountable. This proposal supports the core mission of the Labor Commissioner's Office to ensure a just day's pay for every worker and to promote a level playing field for employers. Thank you, and I'm happy to take any questions.

Senator Durazzosenator

Thank you. Ms. Brower, did you have anything you'd like to add?

Allison Hewittother

I'm available for questions.

Senator Durazzosenator

Okay, thank you. All right, LAO office, any comments?

Chaz Alamowitness

Chaz Alamo with the LAO. Only comment is to say that several years ago, our office reviewed the administrative data behind several years' worth of wage claims at the Labor Commissioner's office. And one of our key findings was that oftentimes when an award is made by a staff member through the proceedings and hearings of a wage claim, the award cannot be collected. And that is the sort of responsibility of this entity And so pointing that out here that clearly a shortcoming of the current wage claim adjudication process And these positions would go toward writing that something that we be following more closely in the future and also suggest that the subcommittee continue paying attention to as the Labor Commissioner's Office manages its growing backlog of wage claims.

Senator Durazzosenator

Thank you. Department of Finance, anything you'd like to add?

Senator Durazzosenator

I agree, Senator Department of Finance, nothing further to add, but here to answer any questions.

Senator Durazzosenator

Thank you. Senator Durazzo?

Senator Maria Durazosenator

Thank you. I just want to thank the department for all the work that you've done on this area. My first year I was elected, we had a budget hearing, and I remember so distinctly there was this long line of garment workers who had these judgments from employers who owed them, and it had done everything, and it was still years later. So that really left a big impression on me, so thank you all very much. So what is the current backlog of unaddressed judgment referrals in dollar terms, and how much in unpaid wages do you estimate you could recover with the proposed additional staffing?

Allison Hewittother

Good afternoon. I do not have the dollar amount, but we can share that with you later. We have on the liens, we have $28,000 is our current backlog. On levies, it's $30,000, and I'm estimating. On the demand letters under Labor Code 238-240, we have about 3,500. And on in-depth investigations, so those are generally low-wage industries that we prioritize, and we have about 1,500 in those.

Senator Maria Durazosenator

Do you have an idea of what the dollar value is?

Allison Hewittother

I do not have that.

Senator Maria Durazosenator

Thank you.

Senator Durazzosenator

Thank you, Senator Durazo. Seeing no further questions, that's going to conclude our issue number 10. Thank you for your participation. Before we move on to public comment, I want to give Senator Durazo any final opportunities of questions or comments based on today's agenda.

Senator Maria Durazosenator

I don't want to repeat this specific one. Thank you, Madam Chair. But obviously, you know, there's progress that's been made on certain fronts, and I just don't want us to go backward, you know, on other fronts, especially dedicating where we know there's an issue. We know it. We just can't walk away from working people. I'm really proud of the apprenticeship programs. Worked with certain people here in the room on those apprenticeship programs over several years, the youth apprenticeship program, the women's apprenticeship program. It's really great to see moving in that direction. That's why I don't want to see us work backwards in other parts of the work. So with that, thank you very much. And I will fight hard alongside of you, Madam Chair, for the resources that are needed.

Senator Durazzosenator

Thank you. Thank you very much. With that, that concludes all of the items that we have. and now you may want to listen to some of the public comments before you depart. Thank you very much. We will now move on to public comment to ensure that everyone has a chance to be heard. Please limit your comments to one minute. Thank you. Thank you very much. Cesar.

Jazzy Grewalother

Madam Chair, members, Cesar Diaz here with Capital Advocacy.

Senator Durazzosenator

Just a moment. Could everyone please keep things down so we can hear the comment? Just a moment. Let them get a chance to. Okay, go ahead.

Jazzy Grewalother

Thank you, Madam Chair, members. Cesar Diaz with Capital Advocacy on behalf of the California Hospital Association. here on item number four in support of the SIBTF. Thank you.

Senator Durazzosenator

Thank you for staying. Good afternoon and thank you for your patience while you're with us. We'll be very brief.

My name is, first I just want to say good afternoon, Chairwoman, Madam Richardson, and members of the Senate Budget Committee. My name is George and I work with the California Coalition for Worker Power, CCWP, and I'm a constituent of yours in the beautiful neighborhood of Lincoln Heights. First, we just want to thank you and this committee for the leadership in supporting our budget request last year for the California Workplace Outreach Program, CWOP. Just want to share some quick numbers. Through CWOP, we have reached over 4 million workers in the state, had over 800,000 interactions from 89 organizations in over 45 languages. Workers right now need our help more than ever with federal immigration enforcement endangering our communities. A lot of workers don't know who to go, who to trust, where to get these resources. And so these community organizations behind me are trusted messengers that reach our most vulnerable workers and provide them with the resources they need. We have brought some of these organizational stakeholders to share the impact they have made to workers and constituents in your district. I'll close by saying it is for these reasons. We request your support for $30 million per year for five years to front CWAP. Thank you.

Senator Durazzosenator

Thank you. Hello.

Soraya Leonardwitness

Good afternoon. This is, my name is Soraya Leonard from the April Parker Foundation. We're based in Long Beach, so it's nice to meet you. For the CWAP program, we've been doing a lot of groundwork with individuals in the workplace and understanding what their experiences are behind the scenes as we help engage and empower them as they understand what their workplace rights are, both inside and outside of the workplace. It's clear that workers need protections in their workplace, and the fact that they feel taken advantage of and not understanding their rights is a big issue and something that we're trying to absolve. So, for example, I had met one worker that was denied getting time to be able to take care of his family member back home and other workers who felt racially discriminated against and targeted in the workplace and just don't feel safe to go to work on a daily basis. So this work and the CWAP program helps us give them some insight on what their workplace rights are on a daily basis. So just wanted to give you some notes on that. Thank you.

Senator Durazzosenator

Thank you. So I was a little lenient on the first two because we were kind of warming up and you guys were so great and participating today. But please try to keep to a minute. And if you get to a minute, I'm going to say please summarize. Okay. All right. Yes, ma'am. Great. Thank you.

Dawn Modkinswitness

Greetings, Chairwoman. I am also a constituent in Long Beach of yours and to the rest of the budget committee. My name is Dawn Modkins. I the director of the Southern California Black Worker Hub We coordinate black worker centers throughout Southern California reaching more than 15 black workers Please fund our CWAP program million per year through the 2031 term We are also members of the CCWP, California Coalition for Worker Power. It is proven critical to our abilities to deepen reach and education and engagement around worker rights with black workers across all industries, public and private sectors. Through our CWAP Echo Black Voices Project, we've become the trusted messenger in connecting workers to our local and state agencies like EEOC, DIR, Cal OSHA, civil rights departments, and to support their worker protections where so many have never trusted these government agencies before. The outcomes are workers are more activated and empowered to actually address the insistent workplace.

Senator Durazzosenator

Please summarize.

Dawn Modkinswitness

Yep, violations that so many are harmfully experiencing. And in addition, please also fund the 14 staff positions at the Labor Commissioner's Office. Thank you.

Senator Durazzosenator

Thank you.

DJ Yoonwitness

Good afternoon, Senator Richardson and other committee members. I'm DJ Yoon. I'm from beautiful city of Inglewood. Special shout out to my senator. I'm with the organization Koreatown Immigrant Workers Alliance. My Long Beach people, I used to represent most of Long Beach. Now I only teeny, teeny bit, but Inglewood's full in the house. But I still love Long Beach, yes. I'm also with the organization Koreatown Immigrant Workers Alliance in central Los Angeles. I flew in to share a story why CWAP is so important. A worker from a restaurant is a local chain in Southern California, reach out to us because he and his workers were so fearful of going to work while ICE kidnapping was separating so many families in Southern California.

Senator Durazzosenator

So we met with workers and owners, and we all agreed that business cannot open while workers don't go to work because of the worry about being kidnapped by the ICE. So we had a great relationship with the owners and workers. we provide a direct Know Your Right education to all workers and the owners in multiple locations. I think this truly demonstrates the CWAP program, help us to build a partnership among owners and workers and community organizations to protect the workers, also to protect the workplace businesses. So this is a very critical moment for your support, and your support will continue and build up our partnership to protect our local economy. So thank you so much for your support. Thank you. If you're representing an organization, if you would kindly leave your organization's name and address, email, and phone number so we can follow up if needed. Thank you. Good afternoon, Chairman Wicherson and the members of the Senate Budget Committee. My name is Kami Johnson, raised in Long Beach. Now I'm a current resident of Englewood. Just wanted to let you know. I'm from the Southern California Black Worker Hub, represent over 15,000 black workers across Southern California. I'm a proud resident of Englewood, California, and I'm asking you to support Allegation for $30 million per year for five years to fully fund our California Worker Outreach Program, CWOP. especially as tourism events are coming and world events are increasing I right nearby All of the areas that are world events that are happening and are coming in our city We want to ensure our workforces are informed and protected. This is our trusted, we are trusted messengers. Keep us connected to our government agencies and worker right protections. Please adequately fund CWAP. Thank you. Hi, good afternoon, y'all. My name is Sirach McKeel, and I'm a black worker organizer at eBase in the East Bay. Alongside these wonderful people from all over the state, I'm in support of full CWOP funding, which exists because of fees paid for by bad actors. So let's make sure this funding can educate and protect workers, and on the other issue, hiring adequate staff to recover lost wages. Thank you so much and I appreciate you all. Thank you. You did excellent, less than a minute. Hola, buenas tardes. Good afternoon, Chairwoman and members of the Senate Budget Committee. My name is Flower Alvarez Lopez with Universidad Popular, which is based in North County, San Diego, beautiful sunny San Diego, serving communities alongside the 78 and 76 corridor in the rural areas of Julian, which is in Senator Serrato's district. We support workers and small businesses across North County San Diego region. We're here in strong support of additional funding for CWAP. Our organizations reach some of the most underserved and vulnerable community members. Thank you. Thank you. Great job. Thank you. 30 seconds, you were great. And your name is Laura, right? Laura. Flower. Flower, excuse me. Alka-Seltzer is. Good afternoon Chairwoman Richardson and members of the Senate Budget Committee. My name is Alondra Alvarez with Universidad Popular from North County San Diego. Our team reaches constituents of Senator Ciardo's district, laborers across the rural area who rely on us to connect them with workers' rights resources. As those trusted messengers, we are here in support of CWAP funding to continue the necessary work our organization provides to the force and backbone of California labor. Thank you. Thank you. Wow, great. Good afternoon, my name is Daniella Urban. I'm the Executive Director of the Center for Workers' Rights here in Sacramento. I'm gonna speak first on item one, then on items five and 10. So on item one, since 2020, we have convened the UI, the Unemployment Insurance Network of Advocates that support claimants on their unemployment claims. EDD Next represents a major opportunity to modernize California's Employment Development Department across all three benefits programs. However, we are highly concerned about the lack of oversight and accountability and independent review of the modernization efforts, as well as the lack of meaningful insight from claimant advocates like myself. For example, the recent update on the SDI and paid family leave phone lines have not resulted in any noticeable difference to claimants. And yet, EDD moves forward with implementing these systems on the UI program. We wanna make sure that these concerns are not replicated as they go through the ICMS system and as you approve the considerable amount of funding for that work. Thank you. Now moving to items five and 10, I am also here, obviously, at the Center for Workers' Rights, but also speaking for Wage Justice Center, LA Worker Center Network, Santa Clara Wage Theft Coalition, BetSetic Legal Services and La Raza Central Legal For item five we strongly oppose the eliminating of these crucial positions at DIR The roles are essential to carrying out the agency mission and ensuring California labor protections are actually enforced The workload facing current DIR staff cannot be overstated, and reducing staffing will only limit workers' access while worsening morale and retention among existing workers. On item 10, the impact of judgment enforcement unit in enforcing fundamental workplace protections like minimum wage and overtime cannot be overstated. Without this step in the wage claim process, wage theft judgments are often just a piece of paper. Please send them a rise. The enforcement tools to JU are powerful, yet they need the extensive resources provided by staff, and we would support the expansion of that staff. Thank you. Thank you. Good afternoon, Chairwoman Richardson and committee. My name is Minnie. I am with the Web Resource Center. We are based out in the high desert, Apple Valley, and going out in the community and educating the workers, we are asking that you support the CWAP funding. We are literally boots on the ground going out to different businesses and communities and just educating the workers so that they don't have fear and being retaliated against, whether it's wage theft or discrimination. So you helping to keep the funding going is helping us to do our job in educating the community. Thank you. Thank you very much. You're welcome. Good afternoon, Chair. Chairman, Richard Sallott, and members of the Senate Budget Committee. My name is Nerissa Gonzalez from Filipino Workers Center from Southern California, based in San Diego in LA. We strongly support the CWAP budget request through our outreach efforts. We have been able to stand with our Filipino community, helping workers who have struggled for far too long recover their hard earned wages. These are not just numbers, they are families trying to survive, Fair and strength to provide individuals fighting for dignity and fairness. Thank you so much. Thank you. Excellent. Thank you. Good afternoon, Madam Chair, Senator Raza. Paul Bauer with ACTEM on behalf of Free World, which is an end-to-end employment platform for returning citizens for the formerly incarcerated. We support a $6 million augmentation for the Workforce Development Board to help gain employment for formerly incarcerated individuals, specifically in the truck driving industry, where right now there's a big gap of 17,000 commercial driver's licenses that have just been canceled by the federal government. So we know that this is a pipeline to employment for our returning citizens and an opportunity to both help in this economic struggle for the need for these drivers that's currently out there, along with helping on a social benefit in terms of gaining full employment for individuals to help them on their path as they return home. So thank you for your consideration of this matter. Thank you. Good afternoon, Senator Richardson and members of the budget committee. My name is Veronica Alvarado and I'm with the Warehouse Worker Resource Center. We're the co-chairs of the California Network for Immigrant and Worker Justice. We are working with Assemblymember Garcia on a budget request has been submitted on the assembly side to provide funding for immigration enforcement emergency funds, which would provide income replacement assistance to families whose earnings and livelihoods have been disrupted by the devastating immigration raids and kidnappings taking place in our communities. We look forward to presenting more details of our proposal to this committee in the coming weeks. We're thankful to the many legislators who have already expressed support for this proposal, especially the Latino Legislative Caucus for including us in their budget priorities for this year. We hope to be able to work with this committee and your counterparts in the assembly to find a way to get this support to our immigrant families who so desperately need this support. Thank you. Thank you. Good afternoon, respected senators and subcommittee members. My name is Scott Warren and I'm a qualified medical evaluator. Three years ago, I evaluated Ms. Sanchez and I'm here today for her. I believe that the current trailer bill language for the SIBTF program does not adequately fix the problems in the system and it would potentially hurt her and many others that I've taken care of and evaluated over the years. And so I'm gonna turn it over to Ms. Sanchez. Thank you very much for listening today. Thank you for coming. Good afternoon, members of the committee. My name is Miriam Sanchez. I was born with a severe disability in my left arm, but that never stopped me. I worked my entire life and always supported myself. I was happy to work. But in 2018, I lost my arm and now what was easy before was almost impossible. My case with the SIVTF has been taken years and I'm afraid that in these changes, the proposed, the budget that I would remove the opportunity to be heard before I would be resolved my situation. But in 2018, I injured my other job on the job. now things that used to be easy for me have become almost impossible. My case with the SIBTF has already taken years, and I'm scared that these budget changes will take away my chance to be heard before my situation is ever resolved. ese es el lugar donde se deben de discutir estas cosas. No es una decisión rápida del presupuesto. Muchas gracias. I'm not asking for anything that isn't fair. I just want my case to move forward. That is why I'm asking you to move these changes to Assemblymember Liz Ortega's bill AB 1576. I feel that's the right place to discuss these issues rather than making a quick decision on the budget. But thank you very much for listening to me. Thank you. Muchas gracias, senora. Please leave your contact information so we can find out who your appropriate representative is and ask them also to assist on your behalf. Thank you. Gracias Good afternoon I Benjamin Feld of Getterman Getterman Feld representing some of the most disabled workers seeking benefits from the subsequent injuries benefits trust fund People like Ms. Sanchez, including veterans, first responders, laborers, field and farm workers. We can agree that reform of the system is needed, but reform cannot be accomplished by abolishing a benefit that's existed for 80 years. It affects the very purpose of why this benefit was created. The claim that this proposal merely manages a workload or returns the program to its original intent is simply false. It only reduces workload. And that was never the original intent of the program. Retroactive changes tied to prior findings cannot be revisited. They strip eligibility for many, while the new barriers make access nearly impossible for most others to get this benefit in the future. Again, like Ms. Sanchez. Tens of thousands of injured workers who have spent years waiting for these benefits could lose them outright with no meaningful recourse. Even those who qualify face diminished value that make it nearly unreasonable to go after these benefits in the first place. Please summarize. This is not reform. This needs to be addressed at the legislative policy level. Thank you. Thank you. Yes, ma'am. Hi, good afternoon. My name is Hannah Zuckerman. I'm born and raised Californian. I'm going to throw on some more love for Long Beach, Long Beach State alone. And I am here as part of our CWAP crew. I work for eBase, East Bay Alliance for a Sustainable Economy, based in the East Bay in Oakland. We represent low-wage workers and tenants, and CWAP has allowed us to really, really help support workers in filing those claims. We are those trusted messengers. My favorite thing about my job is I get to see the light bulb go off. And when folks understand that they have been taking advantage in the workplace, and when they get to say, I've never learned my rights, why am I just learning them now? And they're in their adulthood and just well into their work life. And so they're just understanding what their rights at work are now. And so CWAP funding is fundamental to workers knowing what their rights are and addressing violations in the workplace before we even need to take them to DIR or even bring them up to the state so they can actually bring home the wages that they're owed in the first place. So please consider continued funding for the CWAP program. Thank you. Thank you. Good afternoon, everybody. First of all, I want to thank our legislators. I think many people don't really realize the work, behind-the-scenes work that goes on. And I want to thank everybody here, regardless of whatever I argue from, continue to make a better place for workers and try to make the state a better place. Real quick, my name is Leonard Brown up on WorkSafe. We're more on the legal side. We're also a member of CCWP under CWAP. Our pockets are a little short. So we're trying to get additional funding. So we're asking that not only do you fund CWAP, 30 million for the next five years, but also hired additional staff at the labor force so that we can continue to hold bad actors accountable and get the workers their due just. I spoke to God this morning, and he said, and God we trust, all others pay cash. Thank you for being here. Yes sir Hi my name is Jason Beck I with the California Coalition of Injured Workers And as a taxpayer I oppose the SIBTF trailer bill Proponents of the bill tout it as a cost measure However every applicant that receives benefits is deemed permanently disabled by board physicians and the responsibility to care for these disabled workers does not go away with the passage of the bill. The bill does not eliminate those costs. It simply shifts them. It shifts the cost from the private sector to the California taxpayer through an increase in welfare programs and catastrophic injury claims. This is a budget increase bill. I implore you to do your research on the unintended consequences of this bill before you consider its passage. Thank you. Thank you. Hello. Good afternoon, Chair Richardson and Senate. budget committee. My name is Mary Nguyen. I'm with the California Healthy Nail Salon Collaborative, also here for CWAP. We work with the nail salon workforce that comprises of licensed manicurists who are often Vietnamese immigrant women. And a lot of the work that we have been able to do with CWAP has been educational outreach in language for our members to understand their rights as workers. And so we hope that you are able to continue the CWOT funding so that we can maintain our role as the trusted messengers of our community. Thank you. Thank you. Who's the last person in line? Okay. If you're in line, you need to get up because we actually are going to need to close in about 13 minutes, and there's more than 13 people. So please try to keep your comments less than a minute. Yes, sir. Good afternoon, Madam Chair and other committee members. Special shout out to Senator DeRazzo. I'm not your constituent, but you are my senator. That's right. So my name is Ben Takemoto. I'm from the Fresno-Madera-Tolary-King Central Labor Council and here on behalf of the California Coalition for Worker Power. I'm here to ask that you fully fund CWOP with $30 million per year for the next five years because my daily work is educating and empowering workers by working shoulder to shoulder with them to assert their rights, recover their stolen wages, and advocate for safer and healthier work sites. Before I did this work, I didn't have language or know how to describe that I had been an exploited worker before I got into this role. So please fund CWAP fully. Thank you. Thank you. Good afternoon. My name is Shahari Arkauschi. I'm the Executive Director of the Warehouse Worker Resource Center in San Bernardino, Riverside County. I'm also the co-president of the California Coalition for Worker Power. I'm here to echo the support for the continued funding for CWOP. We're also part of the California Network for Immigrant Worker Justice. Want to emphasize our support for this budget authorization from Garcia on the assembly side for the Immigration Enforcement Emergency Fund. Thousands of workers have lost work, immigrant workers have lost work and economic opportunity because of the raids that have been happening for the last year. And we need to make sure that we do move some resources to take care of our most vulnerable workers. And then related to item five, which I think is related to CWAP. CWAP cannot replace the work that happens in the Department of Industrial Relations. These positions that are being eliminated are critical. As we at CWAP build more cases, build more evidence, we'd be able to move cases to the state that are going to need to be staffed. as well as build private cases that be able to build the PAGA funds So all of this works as one machine We want to make sure that we do keep DIR intact as we moving to a new administration Because otherwise they going to take that as the baseline Thank you Thank you Good afternoon, Julissa Caja-Cardenas on behalf of the California State Association of Counties in strong support of the budget trailer bill proposal for the SIBTF program. We believe that TBL is critical to restore the program to how it operated for decades, to ensure the program is sustainable for those who depend on it and to contain costs for public agencies. Thank you. Thank you very much. Good afternoon, Madam Chair, Senator Razo, Ashley Hoffman, on behalf of the California Chamber of Commerce as well as APCIA today to express strong support for the budget trailer bill related to the SIBTF. We would echo the testimony of both DIR and the LAO that this is necessary not only to bring the fund back to its original intent, but to cut off what is becoming a fiscal crisis both for the department but also for private and public employees alike and for workers who are now waiting 10 years to have their claims adjudicated. Thank you. Thank you very much. Good afternoon, Madam Chair and members. Dylan Hoffman on behalf of the California Coalition on Workers' Compensation. I want to echo the comments of my colleague from the California Chamber in support of the Governor's proposed trailer bill on the SIBTF. I also want to express the dire circumstances for public entities related to SIB ETF on behalf of PRISM, Public Risk Innovation Solutions Management, or JPA, that provides risk pooling for local entities. We pulled data on the exponential growth of the assessments for public entities from their 2020 assessment to their 2025 assessment. I've just got a few that are exemplary here. The county of L.A. experienced a 248% increase in their assessment. City of LA, 182%, LADWP, 267%, City of Inglewood, 329%, and the LA County Office of Education, 181%. Sadly, these aren't cherry-picked numbers. These are representative of public entities across the state and in every single district. So I urge your strong support for the proposed trailer bill language. Thank you. Thank you. Good afternoon. Mike Robeson here on behalf of the American Staffing Association and the California Staffing Professionals in support of the governor's trailer bill language related to the SIBTF. Thanks. Thank you. Afternoon here with CWOP and CCWP. This funding is critical for the Inland Empire black workers. Hundreds of thousands of black workers in the IE face persistent wage theft, unsafe conditions, discriminatory retaliation, abuses that directly undermine the families and communities. By fully funding the California Workplace Outreach Program, together we can ensure that black workers know their rights and can exercise them without fear of being fired or intimidated. Black workers are visible and deserve our protection. By funding CWAP for 30 million for over five years, we can continue to stamp out the exploitation that California laws were written to stop. Thank you. Thank you. Great job. Thank you. Hi, good afternoon. My name is Jen Kim. I'm from Korea Town Immigrant Working Alliance. Based on Korea Town, I do outreach for community and with the worker. And we ask to support the budget for CWAP. Thank you. I'm going to translate it. My name is Pap Unet. I'm working for Kowei. People like us, immigrant workers, we work hard for our family, for our future. We're asking you support through this program through CWA. Thank you. Thank you. Thank you for coming. Hello, I'm Dr. Stefan Johnson. I perform SIBTF evaluations. So for SIBTF, I'm boots on the ground. And the first thing I want to say is that most of the patients have had devastated injuries. And after reviewing a lot of records, I'm just not able to see the amount of fraud that was being referenced during the discussion. I also want to say that the agency's remedy for failing to have medical evidence put into the SIBTF process would not work because most cases get settled without a QME, and most cases get settled before the appropriate medical evidence could have been introduced. So that would leave them out of the process. As you can tell here, there's a lot that has not been properly considered, and we request and we urge you to consider doing this through a legislative process. Thank you. Please leave your contact info. Thank you. Hello, my name is Eugene Day on behalf of the CROP organization. We specialize in reentry workforce development and we deliver these services in Oakland and Los Angeles. And I'm proud to say that almost all of our graduates find employment with $60,000 or more a year family sustaining wage. I respectfully ask that you support our current budget ask. Thank you so much. Thank you. Good afternoon, my name is Matt Braden. I am the Director of Operations and one of the founders of Crop Organization. And in the three years that we've been delivering our reentry workforce development program, we have served over 200 people. We have a 0% recidivism rate and almost everybody who's graduated from our program is currently employed in long term sustainable employment and they are securely housed. Not only does our program save the state of California money, but it promotes public safety. So I respectfully request that you support crop organizations budget request. Thank you. Which program was that? What? Crop Organizations, CROP. And what department are you funded out of? So the CWAP also? Okay, thank you. Afternoon, I'm Emily Mills with the California Association of Sheet, Metal, and Air Conditioning Contractors. Just want to register our support for the trailer bill language for the SIBTF. Thank you. Thank you. Good afternoon, Steve Chamberlain with the California Coalition for Injured Workers. And we oppose the trailer bill. We feel that 80 years of legislation and core precedent should not be overridden in the budget, but should instead go through a legislative process. Thank you. Thank you. Good afternoon. My name is Mariah Senea. I am a Crop Sales Fellow. I would like to ask that you humbly support our budget as Crop has provided me with housing, the skill that I need to rebuild my life with dignity and respect. Thank you. Thank you for being here. Good afternoon, my name is John Stebbins. I am currently a fellow in the CROP organization What CROP has done for me is provide me with a very high level of growth mindset and leadership training And more importantly my training in the alcohol and drug field which currently got me registered into the field And I will soon be a peer support specialist, stay certified, and just got a job at La Familia organization where I'll be working with the youth, which is very vital for the future of our great country. And I respectfully ask that you fulfill their budget request. Thank you very much. Thank you. Congratulations and good luck.

Faith Borgeswitness

Faith Borges on behalf of the California Association of Joint Powers Authorities in strong support of the governor's proposal to reform SIVTF. Most local governments utilize the JPA mechanism to self-fund their workers' compensation benefits. And so when we're talking about annual doubling of assessment rates, those are resources that are coming out of Prop 98 dollars, local government budget dollars that are then not being able to be spent on those critical resources. So we want to elevate that message as well. Thank you.

Senator Durazzosenator

Thank you.

Tiffany Faulknerwitness

Hi, my name is Tiffany Faulkner with United for Respect. We support Walmart and Amazon workers across California by providing the resources and support they need to make workplaces safer and more just. I urge you to support the 30 million annually for five years to ask the fully fund CWOP. Thank you.

Senator Durazzosenator

Mm-hm. Good afternoon, I'm the senior director of programs at Crop Organization. And I'm here to urge you to support our Ready for Life Reentry Program, an initiative that not only changes lives, but strengthens communities in measurable ways. Graduates from Ready for Life gain critical digital literacy skills, mental health support, job training, employment, and housing resources that result in approximately 90% employment rates and a 0% recidivism rate. That means safer neighborhoods, reduced correctional costs, and a stronger skilled workforce contributing to our local economies. I respectfully ask for you to expand the funding to our reentry efforts. The impact is real and the need is urgent. Thank you. Thank you.

Catalina Sanchezwitness

Hi, good afternoon. Catalina Sanchez with the California Rural Legal Assistance Foundation. We are here in respectful opposition to issue five, the elimination of the vacant positions at DIR. So during the pandemic, this legislature and the administration prioritize getting through the unprocessed unemployment claims that peak during the pandemic at 1.6 million. But yet since at least 2017, there continues to be a 47,000 backlog in terms of the wage claims. And so the CLA Foundation is just gravely concerned about this elimination. Real Legal Services Programs has currently about 250 open wage claims right now, with the longest being six years, and we haven't had a hearing on that. This is comparable to the exact egregious backlog delays that the LAO audit found. And so again, I respectfully encourage the legislature to address this backlog by staffing up and not down. And we support the identified 35 positions that the JLBC identified going towards wage claim backlog and also 36 to investigate workplace safety. Thank you.

Senator Durazzosenator

Thank you.

Darius Aliwitness

Good morning, Chair. Good morning, members. My name is Darius Ali. I a graduate of freeworld which is a commercial driver license training for parolees and ex I myself ex of course when I came home after 15 years I didn know what to do with myself I didn't know how to work or nothing like that. And Free World presented not only just an opportunity, but a new way of life for me. They gave me a new career through the CDL training. I was able to use my CDL to find a career in the engineers, operating engineers, local three union. And it changed my life. I did a 180. I don't recognize myself at all who I used to be. And it's all because of free world. If you guys really care about ending recidivism, please fund this program. I've had no police contact. I've been home since 2022. No police contact, off parole, married. I have a beautiful baby boy now, and my life is just going up, you know, and I owe it all to Free World, honestly. I want everyone to just to take advantage of this program, and nobody knows about it. You know, in my world, they think that I got lucky. They think that I'm a unicorn, and I'm telling them, like, no, you know, it's real. You just got to believe in you, you know, and yeah, I just thank you for your time. Thank you.

Senator Durazzosenator

Thank you, and congratulations. Good luck.

Elmer Lizardowitness

Thank you, Chair and members. Elmer Lizardo with the California Federation of Labor Unions. First, I want to strongly support maintaining the funding in the budget for the Public Employment Relations Board. Over the past two years, we've seen labor rights at the federal level steadily eroded, and the agencies that protect and enforce worker rights themselves be hollowed out. And PERB has been able to step into that void, performing over 300 private sector mediations in the past two years. and every one of those could have averted a strike by promoting open communication and facilitating these agreements. And also with the passage of AB 288 from last year, ensuring that workers who have lost protection under the National Labor Relations Act, they can go to PERB to ensure that those rights are protected. So at a time when workers face attacks from all directions, we have to ensure that flagship agencies like PERB are able to maintain the confidence of the labor management to resolve conflicts. Also, we want to ensure that folks are aware that improved staffing at the Labor Commissioner's office remains one of our top enforcement priorities. And workers in California are facing a crisis in enforcement due to the understaffed agencies and the limitations on private enforcement. So we are urging CalHR to streamline and update hiring and promotions to allow them to fill vacancies faster and retain qualified staff. We also want to ensure that the legislature and the administration extend the emergency hiring period so that staff who have been hired and trained in the past year and a half can stay there instead of being terminated when that emergency hiring authority expires. And finally, we want to make sure that folks are aware that we are adamantly opposed to the elimination of vacant positions, especially since eliminating these positions does not save money for the general fund. They are special funded. Eliminating these vacant positions in the LCO goes against everything we need to do to expand and strengthen the enforcement of our workers' rights. Thank you so much.

Senator Durazzosenator

Thank you.

Megan Suberswitness

Thank you Madam Chair and Senator Durazzo Megan Subers on behalf of the California Professional Firefighters here to express some concern with the administration SIBTF proposal As drafted and as proposed to you all there are some technical concerns that we outlined in a letter to the committee and we've been talking to the labor agency about what I really would like to point out. One deep, deep concern we have with the retroactivity application of the trailer bill language. This would mean that for legitimate injured workers who have claims pending in the system, they would be penalized for having a claim pending in the system. And we believe they would have to either reapply or wait for the department to make a determination that they're still eligible under the new requirements. And then either their claim falls away or they're delayed for that period of time. This was not a problem created by injured workers. So we have deep concerns about solving the issues in this manner. We do think there are provisions that are worth consideration by the legislature, but would like to stress concern with that provision. And then just would like to express our support for item number 22, funding implementation of AB 1181 for firefighter personal protective equipment. Thank you.

Senator Durazzosenator

Thank you.

David Johnsonwitness

Hi, my name is David Johnson. Nice meeting you, Senator. I want to talk about the economy that we have going on. And I want to see the economy can be lower down for taxes and our rent and our economy. The people who are struggling right now. I want to see if the senator can drop the lower cost on property taxes and rent and see the economy better.

Senator Durazzosenator

Thank you for coming. Thank you.

Matt Easleywitness

Good afternoon. Matt Easley on behalf of the California chapters of the Associated General Contractors. We're here in support of Issue 4, the SIBTF budget proposal. It's imperative that we get the cost growth under control, and I'd like to align my comments with my colleague from the Chamber. Thank you.

Senator Durazzosenator

Thank you.

Nick Chappiewitness

Good afternoon, Nick Chappie with the California Trucking Association, here to comment on Issue 4. We align ourselves with the comments made by the California Chamber of Commerce and urge the adoption of the Governor's proposed trailer bill language. Thank you.

Senator Durazzosenator

Thank you. Nice to see you again. All righty, we did it. Having heard from all the members of the public, members, are there any further questions or comments? Seeing none, thank you to all the individuals who participated in today's public testimony. If you were not able to testify or complete your comments, please submit your comments or suggestions in writing to the Budget and Fiscal Review Committee or visit our website. Your comments and suggestions are important to us, and we want to include your testimony in the official hearing records. Thank you, everyone, for your participation, particularly staff and our sergeants. And everyone, thank you. We had a big, hefty day. Diego was very aggressive in his ideas for us to cover, which were excellent, by the way. We have concluded the agenda for today's hearing. The Senate Budget Subcommittee on Number 5 on Corrections and Public Safety, Judiciary, Labor and Transportation is now adjourned. Thank you.

Source: Senate Budget Sub5 — 2026-04-23 · April 23, 2026 · Gavelin.ai