California Labor Federation v. Occupational Safety & Health Standards Board

We are called upon here to determine the constitutionality of provisions of the state Budget Act which purport to limit the amounts the state will pay towards a certain category of attorney fee awards against state agencies. We conclude that the challenged provisions violate the single subject rule set forth in section 9 of article IV of the California Constitution, and are therefore void.

I. Background

Petitioners brought this original proceeding for a writ of mandate compelling respondent California Occupational Safety and Health Standards Board to incorporate in the California Occupational Health and Safety Act (Cal/ OSHA) plan certain health and safety provisions adopted in Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. We granted the relief requested. (California Lab. Federation v. Occupational Safety & Health Stds. Bd. (1990) 221 Cal.App.3d 1547, 1559 [ 271 Cal.Rptr. 310 ], review den.) Thereafter, petitioners moved under Code of Civil Procedure section 1021.5 (hereinafter cited as section 1021.5) for an award of some $234,373.10 in attorney fees and costs. We awarded $114,266.25 in fees and $2,820.30 in costs, and directed respondent…