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