1. (a) The applicant shall submit its diversity workplan in PDF or equivalent non-proprietary document format to the CFC via the online application portal.

2. (b) The diversity workplan required by Revenue and Taxation Code sections 17053.98(k)(3) and 23698(k)(3) shall include:

   1. (1) A description of the goals the motion picture will seek to achieve for individuals whose wages are included within qualified wages. Such goals may include, but are not limited to:

      1. (A) Goals to ensure qualified wage parity among employees, regardless of race, ethnicity, gender, and disability status, considering factors such as level of experience and competency.
      2. (B) Goals to achieve broader awareness of available positions.
      3. (C) Goals to interview a broader pool of job candidates or more candidates who have not previously worked on a motion picture for the applicant.
      4. (D) Goals to enhance industry access and career development for a broader pool of Californians and employees.

   2. (2) A description of the goals the motion picture will seek to achieve for individuals whose wages are excluded from qualified wages as set forth in sections 17053.98(b)(21)(B)(iv) and 23698(b)(21)(B)(iv) of the Revenue and Taxation Code. Such goals may include, but are not limited to:

      1. (A) Goals to ensure qualified wage parity among employees, regardless of race, ethnicity, gender, and disability status, considering factors such as level of experience and competency.
      2. (B) Goals to achieve broader awareness of available positions.
      3. (C) Goals to interview a broader pool of job candidates or more candidates who have not previously worked on a motion picture for the applicant.
      4. (D) Goals to enhance industry access and career development for a broader pool of Californians and employees.

   3. (3) A description of the goals the motion picture will seek to achieve, with respect to diversity in the creative aspects of the motion picture. Such goals may include, but are not limited to:

      1. (A) Goals relating to the themes, narratives, and storytelling of the motion picture.
      2. (B) Goals relating to on-screen representation.
   4. (4) For subdivisions (b)(1)-(3), a description of the plan and strategies the motion picture will employ to achieve and measure the stated goals in the workplan.
   5. (5) For subdivisions (b)(1)-(3), a description of how goals stated in the workplan may help achieve outcomes that are broadly reflective of California's population, in terms of factors such as race, ethnicity, gender, and disability status.

   6. (6) In reviewing the diversity workplan of an applicant for approval or rejection, the CFC will consider, to the extent allowed by federal and state law, whether:

      1. (A) The applicant has included goals responsive to subdivisions (b)(1)-(3).
      2. (B) The applicant has included adequate detail responsive to subdivisions (b)(4)-(5).
   7. (7) The CFC will reject any submitted diversity workplan that includes quotas or other numeric goals regarding protected classifications, including race, ethnicity, gender, and disability status.
3. (c) Within thirty (30) business days of receipt of all the Phase B documents specified in section 5533, including the completed diversity workplan, the Director of the CFC, or their designee, will notify the applicant whether the diversity workplan is approved or rejected. If rejected, the CFC will provide feedback and an applicant may revise and re-submit its workplan.

Note: Authority cited: Sections 17053.98(k)(10) and 23698(k)(10), Revenue and Taxation Code; and Section 11152, Government Code. Reference: Sections 17053.98(k)(1)-(4) and 23698(k)(1)-(4), Revenue and Taxation Code; and Section 14998.1, Government Code.

History

1. New section filed 4-11-2022 as an emergency; operative 4-11-2022 (Register 2022, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-10-2022 or emergency language will be repealed by operation of law on the following day.

2. New section refiled with amendments 10-3-2022 as an emergency; operative 10-11-2022 (Register 2022, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.

3. Refiling of 10-3-2022 emergency on 1-9-2023; operative 1-10-2023 (Register 2023, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-10-2023 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 10-3-2022 order, including amendment of Note, transmitted to OAL 1-3-2023 and filed 2-15-2023; amendments effective 2-15-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 7).

5. Amendment filed 8-18-2023 as an emergency; operative 8-18-2023 (Register 2023, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-14-2024 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 8-18-2023 order transmitted to OAL 12-26-2023 and filed 2-8-2024 (Register 2024, No. 6).