6990.2.
(a) For purposes of this section:(1) “Department” means the Civil Rights Department.
(2) “Local government” means a city, county, city or county, or public or municipal corporation.
(3) “State agency” means a state agency as defined in Section 11000 of the Government Code.
(b) The department shall establish and maintain a comprehensive database to track all infrastructure contracting and procurement activities by state agencies,
agencies funded in whole or in part by the federal Infrastructure Investment and Jobs Act, Inflation Reduction Act of 2022, or CHIPS Act of 2022, which shall include, but shall not be limited to, all of the following:
(1) Contracts awarded by state agencies, including, but not limited to, project details, pay scales for employees of the contractors and subcontractors, and relevant compliance measures or terms.
(2) Contractors and subcontractors utilized by state agencies.
(3) Demographic data of employees of contractors and subcontractors utilized by state agencies, including, but not limited to, all of the following:
(A) Race.
(B) Gender.
(C) Marital status.
(D) County of residence.
(c) Commencing on July 1, 2025, and annually on July 1 monthly thereafter, a contractor or subcontractor under an infrastructure contract awarded by a state agency funded in whole or in part by the federal Infrastructure Investment and Jobs Act, Inflation Reduction Act of 2022, or CHIPS Act of 2022 shall report to the department the demographic data of their employees collect from its employees the demographic data
specified in paragraph (3) of subdivision (b). (b) and report that data to the department.
(d) (1) A contractor or subcontractor under an infrastructure contract awarded by a state agency shall provide each employee with the option to participate in a survey for the purpose of collecting and reporting the information described in paragraph (3) of subdivision (b).
(2) A contractor or subcontractor under an infrastructure contract awarded by a state agency shall distribute a written disclosure to each employee prior to, or concurrently with, a survey conducted pursuant to this subdivision that shall notify the employee of all of the following:
(A) The employee’s decision to disclose their demographic information is voluntary.
(B) The contractor or subcontractor is prohibited from taking an adverse action against an employee if the employee declines to participate in the survey.
(C) The aggregate data collected for each demographic category will be reported.
(3) A survey conducted pursuant to this subdivision shall be completed using a standardized form to be specified by the department.
(4) A contractor or subcontractor under an infrastructure project awarded by a state agency shall not in any way encourage, incentivize, or attempt to influence the decision of an employee to participate in a survey conducted pursuant to this subdivision.
(5) A contractor or
subcontractor under an infrastructure project awarded by a state agency required to conduct a survey pursuant to this subdivision shall do both of the following:
(A) Collect survey response data from employees in a manner that maintains the anonymity of the responding employee and the confidentiality of the data reported.
(B) Transmit the survey response data to the department in a manner that does not associate the survey response data with an individual employee.
(e) A contractor or subcontractor under an infrastructure contract awarded by a state agency shall not take an adverse action against an employee who declines to participate in the survey described in subdivision (c).
(f) Commencing July 1, 2026, the department shall annually publish a report summarizing the data collected
contained in the database maintained pursuant to subdivision (b) that includes both of the following:
(1) Any disparities or trends the department observed.
(2) Recommendations for improving equity and inclusion in public infrastructure and procurement.
(g) (1) The department shall publish the information submitted pursuant to paragraph (3) of subdivision (b) in the aggregate and shall not identify an individual employee.
(2) The department shall include a statement on the department’s internet website that the information posted pursuant to this section is provided for informational purposes only.
(h) The data collected pursuant to this section is confidential and shall not be released by the department or a contractor or subcontractor under an infrastructure contract awarded by a state agency except to comply with a properly authorized civil, criminal, administrative, or regulatory investigation or subpoena, summons by federal, state, or local authorities, or as otherwise authorized by this section.
(i) The department shall collaborate with relevant state agencies, local governments, and stakeholders to develop and implement strategies for promoting diversity, equity, and inclusion in public infrastructure contracting and procurement.
(j) The department shall conduct outreach and educational activities to
raise awareness of civil rights laws and regulations that impact public infrastructure contracting and procurement.