Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
applicant shall submit its diversity workplan in PDF or equivalent non-proprietary
document format to the CFC via the online application portal.
(b) The diversity workplan required by Revenue and
Taxation Code sections
17053.98(k)(3)
and
23698(k)(3)
shall include:
(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:
(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.
(B) Goals to achieve broader awareness of
available positions.
(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.
(D) Goals to enhance industry access and career
development for a broader pool of Californians and employees.
(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:
(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.
(B) Goals to achieve broader awareness of
available positions.
(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.
(D) Goals to enhance industry access and career
development for a broader pool of Californians and employees.
(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:
(A) Goals relating to the themes, narratives, and
storytelling of the motion picture.
(B)
Goals relating to on-screen representation.
(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) 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) 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:
(A) The applicant
has included goals responsive to subdivisions (b)(1)-(3).
(B) The applicant has included adequate detail
responsive to subdivisions (b)(4)-(5).
(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.
(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.
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.