CalChamber Status Update Report on Major Legislation for Business

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The following list summarizes top priority bills for the California Chamber of Commerce and their status as of August 31, when the Legislature adjourned for the year.

Within each subject area, the list presents bills in order of priority with the highest priorities at the top.

September 30 is the last day for the Governor to sign or veto bills passed by the Legislature before September 1.

The CalChamber will publish its final status report, showing the ultimate fate of bills sent to the Governor this year, on October 7.

Bills signed by the Governor will become law on January 1, 2017. Urgency, budget-related and tax levy measures go into effect immediately upon being signed.

Each fall, the CalChamber also publishes a record of legislators’ votes on key bills affecting the California business climate. Generally, the bills selected for the vote record have appeared in one of the status reports. This year’s vote record is scheduled to be published on October 21.

Status of bills as of August 31, 2016. Dates listed are the date a bill was assigned to a committee, the latest date of committee action or when the bill reached the floor, unless action is stated. Federal bills are marked with an *.

Download a Print Friendly PDF report here.

Agriculture, Food and Natural Resources

Bans Ex Parte. SB 1190 (Jackson; D-Santa Barbara) Interferes with appropriate communication between commissioners and the public and excessive influence by staff by prohibiting communication with commissioners outside of a public meeting. Oppose. Failed Passage in Assembly Appropriations 8/31/16

Lobbyist Employers. AB 2002 (M. Stone; D-Scotts Valley) Increases the costs and complexity of construction projects in the coastal zone by inappropriately requiring project applicants who hire consultants to help with complicated permits to register as lobbyist employers and the consultants to register as lobbyists, subjecting both to Fair Political Practices Commission rules, paperwork and fines for violations. Oppose. Failed Passage in Senate 8/31/16

State-Only Labeling. AB 2725 (Chiu; D-San Francisco) Drives up the cost of food for consumers. Increases the costs to produce food by requiring state-only “Best used by” or “Expires on” labeling and forcing food manufacturers to use coding — bar codes or skews for instance — for internal stock rotation. Oppose. Failed Passage in Assembly Health 4/12/16; Reconsideration Granted

Product Ban. AB 2596 (Bloom; D-Santa Monica) Increases costs to business and agriculture to exterminate pests by banning rat poisons containing anticoagulants. Oppose. Assembly Environmental Safety and Toxic Materials 3/10/16; Failed Deadline

Restricts Use of Pesticides. SB 1282 (Leno; D-San Francisco) Potentially destroys the state’s $3 billion citrus industry by prematurely restricting use of the one chemical effective against the Asian citrus psyllid pests that decimated Florida’s citrus industry. Oppose. Senate Inactive File 6/2/16; Failed Deadline

Healthy Forests. AB 2029 (Dahle; R-Bieber) Reduces the risk of catastrophic forest fires damaging businesses and homes in rural areas by expediting removal of drought-stricken and disease-ridden trees. Support. To Governor

Redundant Ag Program. SB 1247 (Jackson; D-Santa Barbara) Duplicates an existing program that is underway and funded by establishing a new environmental farming zone. Oppose. Senate Agriculture 4/13/16; Failed Deadline

Land Use. AB 2087 (Levine; D-San Rafael) Before amendments, created a new costly redundant conservation and mitigation program. Opposition removed due to 8/31/16 amendments. No Position. To Governor

Banking/Finance

Erodes Housing Availability. SB 1150 (Leno; D-San Francisco) Increases liability risk and the cost of residential loans by subjecting the violations of overly complex and burdensome requirements to a private right of action. Oppose/Job Killer. To Governor

Loan Access. SB 936 (Hertzberg; D-Van Nuys) Encourages creation of small business by increasing the funds available in the small business financial assistance act administered by the Governor’s Office of Business and Economic Development (GO-Biz). Support/Job Creator. To Governor

Budget

Increased Permit Processing Costs. AB 1611 (Committee on Budget) Significantly increases the costs of permitting aerospace, recycling, oil and gas, and other critical waste facilities by eliminating permit applicants’ option to be charged a predictable flat permitting fee and instead giving the Department of Toxic Substances Control carte blanche to charge whatever fee it determines, notwithstanding well-recognized and self-acknowledged deficiencies in DTSC’s current permitting program that have resulted in excessive delays in permit processing. Oppose/Job Killer. Assembly Inactive File 8/25/16

Increased Permit Processing Costs. SB 839 (Committee on Budget and Fiscal Review) Significantly increases the costs of permitting aerospace, recycling, oil and gas, and other critical waste facilities by eliminating permit applicants’ option to be charged a predictable flat permitting fee and instead giving the Department of Toxic Substances Control carte blanche to charge whatever fee it determines, notwithstanding well-recognized and self-acknowledged deficiencies in DTSC’s current permitting program that have resulted in excessive delays in permit processing. Oppose/Job Killer. To Governor

California Environmental Quality Act (CEQA)

Water Supply Assessment Overhaul. SB 1262 (Pavley; D-Agoura Hills) Before amendments, imposed new requirements on the preparation of Water Supply Assessments and incorporates such requirements into the CEQA process. Opposition removed due to 6/15/16 amendments. No Position. To Governor

Expedites CEQA Review for “Leadership Projects.” SB 734 (Galgiani; D-Stockton) Streamlines development by creating an expedited CEQA review process for “leadership projects,” which are selected by the Governor and which meet certain criteria, including a minimum financial threshold and net zero greenhouse gas emissions. Support. Signed 8/26/16—Chapter 210 (Urgency)

Increases Transparency in CEQA Process. AB 2026 (Hadley; R-Torrance) Reduces prevalence of nonenvironmental litigation abuse under the California Environmental Quality Act by requiring those filing CEQA lawsuits to disclose their identity and interests in a lawsuit. Support. Failed Passage in Assembly Natural Resources 4/18/16; Reconsideration Granted

Increases Transparency in CEQA Process. SB 1248 (Moorlach; R-Costa Mesa) Reduces prevalence of nonenvironmental litigation abuse under the California Environmental Quality Act by requiring those filing CEQA lawsuits to disclose their identity and interests in a lawsuit. Support. Failed Passage in Senate Environmental Quality 4/20/16; Reconsideration Granted

Consumer Legal Remedies Act. SB 1306 (J. Stone; R-Temecula) Creates fairness in the application of this law as applied to the California Environmental Quality Act by amending it to allow a “prevailing party” to recover attorney’s fees instead of allowing only a defendant to recover attorney’s fees when the action was filed in bad faith. Support/Job Creator. Failed Passage in Senate Judiciary 4/26/16; Reconsideration Granted

Expedites and Reduces Cost for Auxiliary Lane or Bikeway Projects. AB 1569 (Steinorth; R-Rancho Cucamonga) Streamlines and reduces regulatory burdens for specified auxiliary lane or bikeway projects by exempting such projects under the California Environmental Quality Act. Support. Failed Passage in Assembly Natural Resources 4/4/16; Reconsideration Granted

Expedites and Reduces Cost for Temperance Flat Reservoir Project. AB 1586 (Mathis; R-Visalia) Streamlines and reduces regulatory burdens for the construction of the Temperance Flat Reservoir Project by exempting the project under the California Environmental Quality Act. Support. Failed Passage in Assembly Natural Resources 4/4/16; Reconsideration Granted

Expedites and Reduces Cost for Recycled Water Pipelines. AB 1749 (Mathis; R-Visalia) Streamlines and reduces regulatory burdens for specified water storage facility projects by extending the current exemption for such projects under the California Environmental Quality Act by five years. Support. Senate Inactive File 8/17/16

Expedites and Reduces Cost for Recycled Water Pipelines. AB 2438 (Waldron; R-Escondido) Streamlines and reduces regulatory burdens for specified recycled water pipeline projects by exempting such projects under the California Environmental Quality Act. Support. Assembly Environmental Quality 6/29/16; Failed Deadline

Expedites and Reduces Cost for Drought Mitigation Projects. AB 1589 (Mathis; R-Visalia) Streamlines and reduces regulatory burdens for specified drought mitigation projects by exempting such projects under the California Environmental Quality Act. Support. Failed Passage in Assembly Natural Resources 4/4/16; Reconsideration Granted

Expedites and Reduces Cost for Water Storage Facilities. AB 1647 (Waldron; R-Escondido) Streamlines and reduces regulatory burdens for specified water storage facility projects by exempting such projects under the California Environmental Quality Act. Support. Assembly Natural Resources 2/4/16; Failed Deadline

Increased CEQA Review for Coal Shipments. SB 1278 (Hancock; D-Berkeley) Restricts commerce and complicates the CEQA process by requiring every public agency with discretionary approval authority of any portion of a project relating to the shipment of coal through the Port of Oakland to prepare an environmental impact report. Oppose. Senate Transportation and Housing 3/30/16; Failed Deadline

Increased CEQA Review for Coal Shipments. SB 1280 (Hancock; D-Berkeley) Restricts commerce and complicates the CEQA process by prohibiting a lead agency from approving a project affecting the shipment of commodity though a port facility that is receiving state funds from the Trade Corridors Improvement Fund unless the lead agency either prohibits coal shipment through the port facility or requires full and complete mitigation of the emissions of greenhouse gases resulting from the combustion of coal shipped through the port facility. Oppose. Senate Transportation and Housing 3/30/16; Failed Deadline

Expedites and Reduces Cost for Drought Mitigation Projects. SB 1415 (Bates; R-Laguna Niguel) Before amendments, streamlined and reduced regulatory burdens for specified drought mitigation projects by exempting such projects under the California Environmental Quality Act. Support position removed due to 4/18/16 amendments. No Position. Senate Appropriations 4/21/16; Failed Deadline

Expedites and Reduces Cost for the Los Angeles Regional Interoperable Communications System. SB 1008 (Lara; D-Bell Gardens) Streamlines and reduces regulatory burdens for the construction and operation of certain structures and equipment of the Los Angeles Regional Interoperable Communications System by extending the existing exemption under the California Environmental Quality Act by an additional three years. Support. To Governor

Climate Change

Slows Economic Growth. SB 32 (Pavley; D-Agoura Hills) Increases costs for California businesses, makes them less competitive and discourages economic growth by adopting further greenhouse gas emission reductions for 2030 without regard to the impact on individuals, jobs and the economy. Oppose/2015 Job Killer. Signed 9/8/16

Expensive Regulatory Burdens. AB 197 (E. Garcia; D-Coachella) Increases costs for businesses to comply with climate change regulations by prioritizing command-and-control regulations over a market-based mechanism while at the same time ranking co-benefits ahead of cost-effectiveness. Oppose. Signed 9/8/16

Increased Regulatory Burdens. SB 1383 (Lara; D-Bell Gardens) Increases regulatory burdens and costs for businesses by requiring the California Air Resources Board to adopt and implement a new program to reduce short-lived climate pollutants. Oppose. To Governor

Litigation Exposure. SB 1161 (B. Allen; D-Santa Monica) Creates uncertainty for businesses and exposes them to litigation by imposing a four-year revival for time-barred claims alleging unfair competition with respect to climate science. Oppose. Senate Inactive File 6/2/16; Failed Deadline

Increased Energy Costs. SB 1441 (Leno; D-San Francisco) Increases the cost of natural gas to consumers and penalizes investor-owned utilities for the value of natural gas lost due to factors outside the utilities’ control. Oppose. Failed passage in Assembly 8/29/16

AB 32 Auction Revenues. AB 1550 (Gomez; D-Los Angeles) Prematurely allocates AB 32 auction revenues for various projects in disadvantaged communities. Oppose. To Governor

AB 32 Auction Revenues. AB 1613 (Committee on Budget) Prematurely allocates AB 32 auction revenues for various projects. Oppose. To Governor

AB 32 Auction Revenues. SB 830 (Committee on Budget and Fiscal Review) Prematurely allocates AB 32 auction revenues for various projects. Oppose. Assembly Floor 8/31/16

Premature AB 32 Auction Revenue Expenditure. AB 1555 (Gomez; D-Los Angeles) Prematurely authorizes AB 32 auction revenues to fund various state agencies. Oppose. Assembly Budget 5/4/16; Failed Deadline

Premature Auction Revenue Expenditures. AB 1780 (Medina; D-Riverside) Prematurely authorizes AB 32 auction revenues for the Sustainable Trades Corridor Program. Oppose. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Premature AB 32 Auction Revenue Expenditure. AB 2293 (C. Garcia; D-Bell Gardens) Prematurely authorizes AB 32 auction revenues to fund the Green Assistance Program. Oppose. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Premature AB 32 Auction Revenue Expenditure. SB 1213 (Wieckowski; D-Fremont) Prematurely authorizes AB 32 auction revenues to fund biosolid grant programs. Oppose. Held in Senate Appropriations Suspense File 5/27/16; Failed Deadline

AB 32 Auction Revenues. AB 2094 (Obernolte; R-Big Bear Lake) Prematurely allocates AB 32 auction revenues for the Retail Sales Tax Fund. Oppose. Failed Passage in Assembly Transportation 4/11/16

AB 32 Auction Revenues. AB 1698 (Hadley; R-Torrance) Prematurely allocates AB 32 auction revenues for the Green and Renewable Energy Enlisting New Technologies Fund. Oppose. Assembly Natural Resources 2/18/16; Failed Deadline

AB 32 Auction Revenues. AB 1629 (Committee on Budget) Before amendments, prematurely authorized AB 32 auction revenues for the Wildlife Conservation Board. Opposition removed due to 8/31/16 amendments. No Position. Senate Rules 8/31/16

AB 32 Auction Revenues. AB 2722 (Burke; D-Inglewood) Before amendments, would have prematurely allocated AB 32 auction revenues for the Transformative Climate Communities Program. Opposition removed due to 4/20/16 amendments. No Position. To Governor

Premature AB 32 Auction Revenue Expenditure. AB 2222 (Holden; D-Pasadena) Before amendments, prematurely authorized AB 32 auction revenues to be used for transit passes. Opposition removed due to 5/31/16 amendments. No Position. Held in Senate Appropriations Suspense File 8/11/16

Premature AB 32 Auction Revenue Expenditure. AB 2223 (Gray; D-Merced) Before amendments, prematurely authorized AB 32 auction revenues to be used for manure digester market development. Opposition removed due to 4/11/16 amendments. No Position. Senate Budget and Fiscal Review 6/9/16

Premature AB 32 Auction Revenue Expenditure. AB 2146 (Patterson; R-Fresno) Before amendments, prematurely authorized AB 32 auction revenues to be used for the Department of Forestry and Fire Prevention. Opposition removed due to 4/11/16 amendments. No Position. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

AB 32 Auction Revenues. SB 951 (McGuire; D-Healdsburg) Before amendments, would have prematurely allocated AB 32 auction revenues for transportation passes. Opposition removed due to 4/27/16 amendments. No Position. Held in Senate Appropriations Suspense File 5/27/16; Failed Deadline

AB 32 Auction Revenues. AB 2576 (Gray; D-Merced) Before amendments, prematurely allocated AB 32 auction revenues to the Department of Resources Recycling and Recovery for market development. Opposition removed due to 4/11/16 amendments. No Position. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Corporate Governance

Improves Small Business Climate. AB 2610 (Holden; D-Pasadena) Makes it easier for small businesses to grow and expand by providing greater accessibility to the Small Corporate Offering Registration (SCOR) program. Support. Assembly Banking and Finance 3/28/16; Failed Deadline

Education

Increased Innovation and Entrepreneurship. AB 2664 (Irwin; D-Thousand Oaks) Provides resources for Californians who are establishing a new business by providing the University of California (UC) with funds to expand its capacity and increase access to its innovation and entrepreneurship centers, which provide incubator space, legal services, entrepreneur training and more for researchers and other individuals looking to develop innovative solutions. Support/Job Creator. To Governor

Improved School Accountability. AB 2548 (Weber; D-San Diego) Will help employers, parents, educators, lawmakers, and other stakeholders hold schools accountable for student performance and improvement, and ensure students are being adequately prepared to enter the workforce or college, by requiring that the state’s new accountability system tracks sufficient information to allow for meaningful comparisons of schools and districts. Support. To Governor

Jeopardizes State Workforce Goals. SB 959 (Lara; D-Bell Gardens) Unnecessarily restricts the ability of the University of California (UC) to contract for competitive bids without compromising on the quality of the education it provides or increasing tuition for students, thus jeopardizing the state’s ability to produce enough graduates to meet workforce needs. Oppose. To Governor

Jeopardizes State Workforce Goals. AB 2183 (Gatto; D-Glendale) Makes it harder for the California State University (CSU) system to manage its budget and serve more students at a lower cost to the state by placing unreasonable restrictions on when the CSU may contract for services. Oppose. Failed passage in Senate Education 6/22/16; Failed Deadline

Increases Access to Computer Science. AB 2329 (Bonilla; D-Concord) Ensures that future generations of California students will be better prepared to compete for high-paying, high-skilled jobs in manufacturing, health care, retail, the arts, financial services, agriculture and other sectors that increasingly require computer science skills by requiring an advisory panel to convene and guide the California Department of Education and State Board of Education to develop a coordinated strategy to make computer science curriculum available in every California school. Support. To Governor

Increases Access to Computer Science. AB 2275 (Dababneh; D-Encino) Ensures that future generations of California students will be better prepared to compete for high-paying, high-skilled jobs in manufacturing, health care, retail, the arts, financial services, agriculture and other sectors that increasingly require computer science skills by expanding the pool of teachers authorized to teach computer science. Support. Assembly Education 4/12/16; Failed Deadline

School District Funding. SB 799 (Hill; D-San Mateo) Modifies the existing school district reserve funds cap law to give districts greater flexibility and restore local control. The current district reserve cap prevents California’s 1,000 school districts from maintaining adequate budget reserves to save for a rainy day or major purchases. Support. Assembly Education 8/30/16

Teacher Recruitment and Quality. AB 1756 (Bonilla; D-Concord) Helps draw new teachers to the profession, put fully trained teachers into our classrooms more quickly, and reduce the amount of debt new teachers have to take on, increasing the value of teacher salaries, by providing one-time funding for postsecondary teacher preparation institutions to develop integrated baccalaureate degree and teaching credential programs. Support. Held in Senate Education 6/9/16; Failed Deadline

Undermines Teacher Quality. AB 575 (O’Donnell; D-Long Beach) Before amendments, made it harder for school districts to prioritize student achievement and provide support to developing teachers by replacing the state’s existing teacher evaluation framework with one that, among other things, would be entirely subject to collective bargaining and take away management’s existing authority to unilaterally establish criteria for measuring student progress and teacher effectiveness. Opposition removed due to 6/20/16 amendments. No Position. To Governor

Increases Education Attainment. AB 1721 (Medina; D-Riverside) Makes community college more affordable and accessible for students by expanding the Cal Grant Program, thereby broadening access to financial aid for students enrolled in community college career technical education programs. Support. Held in Senate Appropriations Suspense File 8/11/16

Increases College Access. AB 2787 (Chávez; R-Oceanside) Makes it possible for more students to afford to attend college by expanding eligibility for the Middle Class Scholarship Program to students who choose to attend in-state private colleges and universities. Support. Failed Passage in Assembly Higher Education 4/19/16; Reconsideration Granted

Teacher Recruitment and Quality. SB 933 (B. Allen; D-Santa Monica) Helps school districts establish and maintain teacher residency programs to recruit, prepare, and retain new teachers by providing matching grants of up to $30,000 per candidate, per year for three years, helping ensure that all students will have highly qualified teachers in their classrooms. Support. Held in Assembly Appropriations Suspense File 8/11/16

Increases College Access. AB 1961 (Baker; R-San Ramon) Ensures there is adequate state support for low-income students who choose to attend private colleges and universities by permanently repealing the 11.3% cut planned for Cal Grant awards available to them, and by increasing the maximum award amount for these Cal Grants. Support. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Increases Educational Attainment. AB 1892 (Medina; D-Riverside) Helps address the looming shortage of workers with some college experience by fixing the Cal Grant C award amount at $3,000 rather than leaving it subject to the annual budget act, expanding the ways students can use their Cal Grant C awards, and instructing the California Student Aid Commission to give priority in granting Cal Grant C awards to students pursuing occupational and technical training in industry sectors identified by the California Community College Economic and Workforce Development program to be a high priority. Support. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Improves Career Technical Education. SB 66 (Leyva; D-Chino) Helps improve the relevance of Career Technical Education (CTE) courses offered by the state’s community colleges by giving the colleges more information about former students to help guide future workforce development policies, and eases administrative burdens for the community colleges by streamlining their reporting and accountability metrics related to workforce and economic development. Support. To Governor

Space Day. SB 1138 (Hueso; D-San Diego) Before amendments, this bill would have had a significant negative impact on both employees and businesses as well as health and public safety by requiring all business, residents and governmental facilities to turn all lights off during a designated hour to commemorate Space Day. Opposition removed due to 4/18/16 amendments. No Position. Signed —Chapter 196

Elections and Fair Political Practices

Campaign Finance. SB 1349 (Hertzberg; D-Van Nuys) Improves transparency of campaign financing by directing the Secretary of State to modernize Cal-Access, California’s online system for campaign finance filing and disclosure. Support. To Governor

Energy

Increases Energy Costs. SB 886 (Pavley; D-Agoura Hills) Increases energy costs and potentially threatens reliability by mandating new energy storage targets. Oppose. Held in Assembly Appropriations Suspense File 8/11/16

Jeopardizes Energy Reliability. SB 380 (Pavley; D-Agoura Hills) Jeopardizes energy resources and reliability by placing a moratorium on natural gas storage until all wells in the Aliso Canyon facility have been inspected. Oppose Unless Amended. Signed 5/10/16—Chapter 14 (Urgency)

Attorney-Client Privilege. SB 1049 (Hill; D-San Mateo) Before amendments, would have diminished attorney-client privilege by requiring electrical or gas corporations to allow the California Public Utilities Commission access to privileged documents whether or not they are subject to attorney-client privilege, the attorney work product doctrine. Oppose position removed due to 5/27/16 amendments. No Position. Held in Assembly Appropriations Suspense File 8/11/16

Provides Transparency. AB 2066 (Lackey; R-Palmdale) Provides transparency to drivers by including a label on fuel pumps showing the additional cost per gallon for fuels under the cap-and-trade program. Support. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Environmental Justice

Barrier to Development. SB 1000 (Leyva; D-Chino) Potentially creates barriers to development by requiring environmental justice elements be included in general plans. Oppose. To Governor

Environmental Regulation

Gas Price Increase. AB 1759 (Bonta; D-Oakland) Jeopardizes the production of California-based fuel by banning the use of hydrogen fluoride and hydrofluoric acid at facilities that use more than 250 gallons and are located within two miles of a residence, notwithstanding the fact that there are significant safety regulations in place at the local, state and federal levels. Oppose/Job Killer. Assembly Natural Resources 2/18/16

Gas Price Increase. AB 1882 (Williams; D-Carpinteria) Jeopardizes the production of California-based fuel by substantially complicating the existing permitting process for the Underground Injection Control program by imposing duplicative requirements and requiring the Division of Oil, Gas and Geothermal Resources to cede aspects of its permitting authority to the regional water quality control board. Oppose/Job Killer. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Creates Unworkable Hazardous Waste Permitting Process. SB 654 (de León; D-Los Angeles) Before 8/11/16 gut and amend, discouraged investment in upgrading and improving hazardous waste facilities by shutting down hazardous waste facilities if the Department of Toxic Substances Control (DTSC) fails to take final action on the permit renewal application within a specified timeframe, even if the permit applicant acted diligently and in good faith throughout the permit application process. Oppose/2015 Job Killer. See SB 654 in Labor and Employment Section

Gas Price Increase. AB 2729 (Williams; D-Carpinteria) Before amendments, jeopardized the production of California-based fuel supply and increased costs to the industry by revising the definition of an idle well and requiring permanent closure of 25% of California’s long-term idle wells each year. Opposition and job killer tag removed due to 6/1/16 amendments. Neutral/Former Job Killer. To Governor

Increases Environmental Litigation. AB 2748 (Gatto; D-Glendale) Eliminates incentives to settle lawsuits and instead exposes businesses to multiple rounds of litigation at great expense to the parties and the courts by creating statutory prohibitions on “release” clauses in settlements pertaining to “environmental disasters.” Job killer tag removed due to 6/2/16 amendments, but CalChamber remains opposed. Oppose/Former Job Killer. To Governor

Proposition 26 Violation. AB 1400 (Santiago; D-Los Angeles) Violates Proposition 26 and imposes limitless costs on hazardous waste permit applicants by requiring hazardous waste permit applicants to pay for uncapped “technical assistance grants” for local communities to participate in the hazardous waste permitting process. Oppose. Senate Environmental Quality 6/22/16; Failed Deadline

Increased Costs to Hazardous Waste Permit Operators. AB 1102 (Santiago; D-Los Angeles) Prematurely and unnecessarily imposes substantial new costs on hazardous waste permit applicants by imposing new facility inspection requirements, which must be paid for by the permit applicant, notwithstanding the fact that the Department of Toxic Substances Control is currently reforming its enforcement program on the regulatory level, including promulgating a more robust inspection process. Oppose. Senate Environmental Quality 6/23/16

Imposes Unnecessary Burdens on In-State Energy Development. SB 248 (Pavley; D-Agoura Hills) Causes delays in energy production, adds another unnecessary layer of bureaucracy, and institutes requirements that are duplicative of state law by imposing new requirements related to the Underground Injection Control program. Oppose. Held in Assembly Appropriations 8/11/16

Increased Costs to Hazardous Waste Permit Operators. AB 1205 (Gomez; D-Los Angeles) Imposes unnecessary and substantial new costs on hazardous waste permit applicants by requiring hazardous waste permit applicants to pay for a public hearing within 90 days of the submittal of a hazardous waste renewal application, notwithstanding the fact that current regulations and the California Environmental Quality Act already provide for multiple opportunities for public hearings. Oppose. Senate Environmental Quality 6/21/16

Creates Business Uncertainty. SB 1387 (de León; D-Los Angeles) Creates uncertainty for businesses in the South Coast Air Quality Management District (SCAQMD) and undermines local control by adding three additional state-appointed positions to the SCAQMD. Oppose. Failed Passage in Assembly 8/31/16

Increased Civil Violations on Oil and Gas Operators. AB 2756 (Thurmond; D-Richmond) Before amendments, allowed the Oil and Gas Supervisor to impose civil penalties for violations by oil and gas operators well in excess of the current $25,000 statutory limit for each violation. Opposition removed due to 6/1/16 amendments. No Position. To Governor

Unnecessary Recycling Program. AB 2153 (C. Garcia; D-Bell Gardens) Before amendments, disrupted the nearly 100 percent success rate of a well-established and proven lead acid battery recycling program in California by overhauling the current system and creating a new and unnecessary recycling program governed by a nonprofit agency. Opposition removed due to 6/1/16 amendments. No Position. To Governor

Increased Permit Processing Costs. AB 2794 (Santiago; D-Los Angeles) Before amendments, significantly increased the costs of recycling, landfills, and other critical waste facilities by eliminating permit applicants’ option to be charged a flat permitting fee and instead giving the Department of Toxics Substances Control carte blanche to charge whatever fee it determines, notwithstanding well-recognized and self-acknowledged deficiencies in DTSC’s current permitting program that have resulted in excessive delays in permit processing. (See related item under Budget.) Opposition removed due to 4/5/16 amendments. No Position. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Compromises Oil Spill Response Program. SB 1083 (B. Allen; D-Santa Monica) Before amendments, prevented operators from complying with their statutory duties to meet best management practices for oil spill prevention by prohibiting personnel from a responsible party from participating in various activities required of the Unified Command in the event of an oil spill. Opposition removed due to 4/28/16 amendments. Neutral. Held in Senate Appropriations Suspense File 5/27/16; Failed Deadline

Creates Infeasible Motor Oil Mandate. SB 778 (B. Allen; D-Santa Monica) Before amendments, created an upheaval in the California motor oil marketplace, limiting consumer choice and forcing California motorists to spend more of their disposable income on motor oil by greatly constraining the range of motor oil products currently available for gasoline and diesel engines used in passenger cars and light duty trucks. Opposition removed due to amendments. No Position. To Governor

Health

Well-Crafted Managed Care Organization (MCO) Proposal. SBX2 2 (E. Hernandez; D-West Covina) Preserves critical funding for the state’s Medi-Cal program, which is critical for the health care delivery system, without undermining the affordability of commercial health care purchased by employers, families, and individuals. Support. Signed 3/1/16—Chapter 2, Second Extraordinary Session

Publicly Shames Employers. AB 2467 (Gomez; D-Los Angeles) Seeks to blame hospital executive compensation for rising health care costs and shame hospitals by requiring them to post a hospital executive compensation report online covering each executive making over $300,000 a year, and exposes hospitals to unjustified and time-consuming audits, investigations, and wage discrimination claims that will drive up health care costs. Oppose. Failed Passage in Assembly 6/2/16

Arbitration Discrimination. SB 932 (E. Hernandez; D-West Covina) Unfairly discriminates against arbitration agreements and therefore is preempted by the Federal Arbitration Act. Leads to confusion and litigation by prohibiting arbitration clauses between a health care plan and provider in the original contract but allowing such a clause outside of the original contract under specified conditions. Oppose. Held in Senate Appropriations Suspense File 5/27/16; Failed Deadline

Drives Up Health Insurance Premiums. AB 2209 (Bonilla; D-Concord) Increases health care costs by interfering with the ability of health plans to develop voluntary, evidence-based clinical pathways that treat patients in accordance with current medical evidence and best practices without exposing patients and purchasers to unnecessary costs. Oppose. Assembly Appropriations 4/27/16; Failed Deadline

Increased Health Care Costs. AB 2400 (Nazarian; D-Sherman Oaks) Drives up health care premiums without providing a substantial benefit for enrollees by substantially limiting the amount of time health care issuers have to process prior authorization requests for medications included on their formularies, as well as the timeline for secondary reviews of any denied or modified requests. Oppose. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Increases Health Care Premiums. SB 1034 (Mitchell; D-Los Angeles) Increases costs and undermines the ability of health care issuers to promote and manage applied behavioral analysis for children with autism by making a number of changes to how the autism services are provided. Oppose. Held in Assembly Appropriations Suspense File 8/11/16

Unworkable Drug Pricing Disclosure. AB 2436 (R. Hernández; D-West Covina) Provides useless information to consumers by requiring issuers to notify enrollees of the contracted price paid for a drug. Oppose. Failed Passage in Assembly 5/31/16

Drives Up Health Insurance Premiums. AB 1763 (Gipson; D-Carson) Increases health care costs by prohibiting cost-sharing, co-payments or coinsurance for non-preventative screening and treatment for colorectal cancer. Oppose. To Governor

New Health Care Costs. AB 2507 (Gordon; D-Menlo Park) Increases the cost of health care for employers and enrollees by mandating coverage for phone and email communications between doctors and patients and requires reimbursement at the same level as an in-person interaction. Oppose. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Health Care Mandate. AB 2004 (Bloom; D-Santa Monica) Drives up costs by mandating health care issuers to cover hearing aids for enrollees under 18 years of age. Oppose. Held in Senate Appropriations Suspense File 8/11/16

Health Care Mandate. AB 2764 (Bonilla; D-Concord) Increases health care premiums by mandating coverage beyond the essential health benefits requirement under the Affordable Care Act for mammography performed concurrently with breast tomosynthesis for screening and diagnostic purposes. Oppose. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Reduces Employer Costs. SB 482 (Lara; D-Bell Gardens) Helps lower workers’ compensation costs and general health care costs for employers, and helps injured employees get back to work faster by mandating that physicians and other prescribers check the state’s Controlled Substance Utilization Review and Evaluation System (CURES) database before prescribing a Schedule II, III or IV controlled substance to a patient for the first time, and at least every 4 months thereafter if the patient remains on the medication. Support. To Governor

Lower Costs for Hospitals. AB 1300 (Ridley-Thomas; D-Los Angeles) Reduces costs for health care purchasers by helping expedite the release and transfer of patients who are brought to hospital emergency rooms on 5150 psychiatric holds once their medical conditions have been stabilized. Support. Senate Rules 6/30/16

Unclear Reporting Obligation. AB 2425 (Brown; D-San Bernardino) Before amendments, exposed employers to potential lawsuits by requiring private employees and contractors with emergency response training to complete and file detailed reports with the local county health department anytime an unintentional injury occurs, even though they do not have the authority to collect most of the information required. Opposition removed due to 5/31/16 amendments. No Position. Held in Senate Health 6/9/16; Failed Deadline

Increases Prescription Drug Spending. AB 1977 (Wood; D-Healdsburg) Before amendments, would have driven up health care spending by mandating that health care plans and insurers cover expensive new forms of opioid pain medications despite the lack of evidence that these new formulations will lower the incidence of opioid abuse or related hospitalizations and deaths. Opposition removed due to 4/13/16 amendments. Gutted and amended 8/9/16 to a different subject. No Position. To Governor

Extended Producer Responsibility. AB 2039 (Ting; D-San Francisco) Creates an onerous take-back program that significantly adds to the cost of producing home-health sharps and the medicines delivered by them. Oppose. Assembly Environmental Safety and Toxic Materials 4/6/16; Failed Deadline

Well-Crafted MCO Proposal. ABX2 20 (Bonta; D-Oakland) Along with SBX2 15, this measure preserves critical funding for the state’s Medi-Cal program without undermining the affordability of commercial health care purchased by employers, families, and individuals. Support. Assembly Public Health and Development Services 2/10/16

Well-Crafted MCO Proposal. SBX2 15 (E. Hernandez; D-West Covina) Along with ABX2 20, this measure preserves critical funding for the state’s Medi-Cal program without undermining the affordability of commercial health care purchased by employers, families, and individuals. Support. Assembly Public Health and Development Services 2/8/16

Housing and Land Use

Erodes Housing Affordability. AB 2162 (Chu; D-San Jose) Increases the cost of and delays housing and other development projects by eliminating existing mitigation options for impacts to oak woodlands under the California Environmental Quality Act and instead imposes an entirely new and separate permitting process for the removal of even one valley oak tree. Oppose/Job Killer. Assembly Natural Resources 2/29/16; Failed Deadline

Erodes Housing Affordability. AB 2502 (Mullin; D-South San Francisco) Before amendments, increased the cost and reduced the supply of housing by authorizing local governments as condition of development to impose a costly and inflexible price-controlled inclusionary housing requirement and, in doing so, legislatively repealed an established court decision upholding developers’ ability to set initial rental rates for new dwelling units. Job killer tag removed due to 6/2/16 amendments. CalChamber remains opposed. Oppose/Former Job Killer. Assembly Local Government 6/6/16; Failed Deadline

Increases Housing Supply. SB 1069 (Wieckowski; D-Fremont) Creates and expedites additional housing supply by streamlining the permitting process for Accessory Dwelling Units through reduced parking requirements, expedited procedural processes, and allowing ADUs to be constructed within existing structures. Support/Job Creator. To Governor

Costly Rental Mandate. SB 1053 (Leno; D-San Francisco) Imposes additional and unnecessary costs on rental property owners by prohibiting rental property owners from refusing to accept tenants because they have a Section 8 voucher. Oppose. Held in Senate Appropriations Suspense File 5/27/16; Failed Deadline

Improves Housing Climate. AB 1934 (Santiago; D-Los Angeles) Makes housing more affordable by allowing local governments to grant a density bonus to commercial developers who partner with affordable housing developers to construct mixed-use projects. Support. To Governor

Expedites Housing Construction. AB 2180 (Ting; D-San Francisco) Expedites the permit approval process for housing projects by reducing the time for local agencies to approve a proposed project from 180 days to 120 days. Support. To Governor

Creates Affordable Housing Opportunities. AB 2817 (Chiu; D-San Francisco) Promotes affordable housing by expanding the existing low-income housing tax credit program, making the state better able to leverage an estimated $100 million more in federal tax credits. Support. Held in Senate Appropriations Suspense File 8/11/16

Increases Housing Supply. AB 2557 (Santiago; D-Los Angeles) Improves the housing supply crisis by limiting the ability of local government to impose moratoria to delay or halt the approval of multifamily housing. Support. Assembly Local Government 4/19/16; Failed Deadline

Disrupts Business Operations. AB 718 (Chu; D-San Jose) Disrupts business operations by prohibiting local agencies from enforcing laws and ordinances to prevent individuals from sleeping or resting in a lawfully parked motor vehicle, even if those vehicles are parked in a parking lot abutting a business. Oppose. Senate Inactive File 8/30/16

Industrial Safety and Health

Private Right of Action Exposure. AB 2895 (R. Hernández; D-West Covina) Inappropriately exposes employers to increased litigation costs by adding a private right of action, the risk of class action lawsuits and Private Attorneys General Act (PAGA) claims related to the employer’s written Injury and Illness Prevention Program (IIPP) by requiring employers to provide their employees or their representative a written copy of the IIPP, a violation of which, in certain circumstances is subject to injunctive relief. Oppose/Job Killer. Senate Inactive File 8/22/16

Indoor Heat Illness Regulation. (SB 1167 Mendoza; D-Artesia) Directs Cal/OSHA to adopt an unnecessary and overly broad one-size-fits-all standard that duplicates existing regulations, in regards to the protection of indoor workers from heat-related illness and injury. Oppose. To Governor

New Tax for Redundant Purpose. SB 1100 (Monning; D-Carmel) Imposes a new tax for work that most appropriately falls within the scope of existing and funded agencies, to provide training to prevent occupational injuries and illnesses. Oppose. Senate Inactive File 6/2/16

Cal/OSHA Elevator Safety Variances. AB 1050 (Low; D-Campbell) Creates uncertainty and potential delays for employers seeking variances from conveyance safety standards by creating expansive new notification requirements from employers to individuals who are not employees of the employer and who may not be known to the employer, in order to solve a narrow concern with variance applications for elevators. Oppose Unless Amended. To Governor

International Relations/Trade

*Trans-Pacific Partnership Agreement. Promotes California and U.S. trade and investment by eliminating 18,000 foreign taxes on U.S. products, boosting exports, protecting intellectual property rights, and strengthening labor rights and human rights abroad. Support Pending Congressional Approval

Calexico Port of Entry Funding. SJR 22 (Hueso; D-San Diego) Seeks to facilitate the ongoing movement of goods and people between the United States and Mexico by urging Congress to appropriate $248 million in funding as proposed by the President’s Fiscal Year 2017 Budget to complete Phase II of the Calexico West Land Port of Entry Reconfiguration and Expansion project. Support. Resolution Chapter 102

Labor and Employment

Imposes New Maternity and Paternity Leave Mandate. SB 654 (Jackson; D-Santa Barbara) Unduly burdens and increases costs of small employers with as few as 20 employees by requiring 6 weeks of protected employee leave for child bonding and exposes them to the threat of costly litigation. Oppose/Job Killer. To Governor

Imposes New Maternity and Paternity Leave Mandate. SB 1166 (Jackson; D-Santa Barbara) Unduly burdens and increases costs of small employers with as few as 10 employees, as well as large employers with 50 or more employees, by requiring 12 weeks of protected employee leave for maternity or paternity leave, and exposes all employers to the threat of costly litigation. Oppose/Job Killer. Held in Assembly Labor and Employment 6/9/16; Failed Deadline

Increased Costs on Agricultural Employers. AB 1066 (Gonzalez; D-San Diego) Drives up costs of commodities to consumers by incrementally removing the existing overtime exemption allowed for agricultural employers. Oppose. To Governor

Double Pay on a “Family Holiday.” AB 67 (Gonzalez; D-San Diego) Increases targeted California employers’ cost of doing business and places brick-and-mortar stores at a competitive disadvantage to online retailers by mandating almost all employers to pay double the regular rate of pay on Thanksgiving, designated as a “Family Holiday,” as opposed to any other significant holiday. Oppose. Assembly Refused to Concur in Senate Amendments 8/31/16

Frivolous Litigation. AB 1676 (Campos; D-San Jose) Before amendments, threatened employers with civil litigation for seeking an applicant’s prior salary and benefit information even though the applicant suffered no harm in compensation from the inquiry. Opposition removed due to 6/15/16 amendments. No Position. To Governor

Underground Economy. AB 1978 (Gonzalez; D-San Diego) Before amendments, imposed overly broad and punitive requirements on the janitorial industry to address concerns of wage theft and illegal behavior, which would have negatively impacted those employers who are actually compliant. Opposition removed due to 8/19/16 amendments. No Position. To Governor

Retaliation Investigations. AB 2261 (R. Hernández; D-West Covina) Disrupts the workplace and creates the potential for harassment and abuse against employers by subjecting employers to random investigations for alleged employee retaliation even when there are no employee complaints of retaliation. Oppose. Senate Inactive File 8/4/16

Employment Arbitration Agreement Discrimination. AB 2879 (M. Stone; D-Scotts Valley) Unfairly discriminates against arbitration agreements and is likely preempted by the Federal Arbitration Act, which will lead to confusion and litigation, by prohibiting an employer from requiring an individual who is a member of the military to sign a mandatory arbitration agreement as a condition of employment. Oppose/Job Killer. Assembly Inactive File 6/13/16

Automatic Minimum Wage Increase. SB 3 (Leno; D-San Francisco) Unfairly imposes a potential 50% increase in the minimum wage by 2022 (actually an 87% increase over an 8-year period when combined with the last increase just implemented in January 2016), and automatically adjusts minimum wage beyond 2018 according to national inflation, with no “offramps” to suspend the indexing if employers are struggling with other economic factors or costs. Oppose/2015 Job Killer. Signed 4/4/16—Chapter 4

Itemized Wage Statements. AB 2535 (Ridley-Thomas; D-Los Angeles) Clarifies existing law that only nonexempt employees and others who are paid according to hours worked are required to have their hours tracked and logged on an itemized wage statement to preclude frivolous and costly litigation with regard to hours worked by exempt employees. Support. Signed—Chapter 77

Expansion and Equal Pay. SB 1063 (Hall; D-Los Angeles) Increases concern and confusion amongst employers with regard to the newly amended equal pay law for women by seeking to expand the equal pay law that was just amended and implemented this year, through the addition of two new classifications. Oppose. To Governor

Mandated Scheduling Requirement. SB 878 (Leyva; D-Chino) Eliminates worker flexibility and exposes employers to costly penalties, litigation, and government enforcement, by mandating employers in the retail, grocery, or restaurant industry, including employers who have hybrid operations that include a retail or restaurant section, to provide a 21-day work schedule and then face penalties and litigation if the employer changes the schedule with less than 7 days notice, even when the change is at the request of the employee. Oppose/Job Killer. Held in Senate Appropriations Suspense File 5/27/16; Failed Deadline

Increased Costs on Agricultural Employers. AB 2757 (Gonzalez; D-San Diego) Drives up costs of commodities to consumers by incrementally removing the existing overtime exemption allowed for agricultural employers. Oppose. Failed Passage in Assembly 6/2/16

Price-Setting by Independent Contractors. AB 1727 (Gonzalez; D-San Diego) Harms consumers and the California economy by essentially allowing independent contractors in almost every industry to collaborate and set prices for their services as well as other terms and conditions of their contracts, which will raise prices for consumers as well as subject them to costly litigation with the threat of triple damages if consumers terminate those contracts. Oppose/Job Killer. Assembly Judiciary 4/21/16; Failed Deadline

Paid Leave for School Activities. AB 2405 (Gatto; D-Glendale) Imposes a significant burden on employers when considered with the cumulative leaves of absence and costs they are already facing, by mandating employers to provide 8 hours of paid time off each year for employees to attend school activities. Oppose. Assembly Floor 6/1/16

Juvenile Criminal Records. AB 1843 (M. Stone; D-Scotts Valley) Limits an employer’s ability to maintain a safe work environment for employees and consumers by precluding employers from inquiring into an applicant’s juvenile convictions for serious crimes. Oppose. To Governor

Meal and Rest Period Penalty. AB 1948 (Wagner; R-Irvine) Reduces unnecessary litigation and stacking of remedies by specifying that the one-hour premium pay penalty for a missed meal or rest period is the sole remedy for the violation. Support/Job Creator. Failed Passage in Assembly Labor and Employment 4/20/16

Flexible Workweek. SB 985 (Berryhill; R-Twain Harte) Provides employers with the opportunity to accommodate employees’ needs as well as business demands by allowing employees to request a voluntary, flexible workweek agreement that can be repealed by the employee at any time with proper notice. Support/Job Creator. Failed Passage in Senate Labor and Industrial Relations 6/22/16: Reconsideration Granted

Private Attorneys General Act (PAGA) Reform. AB 2461 (Grove; R-Bakersfield) Protects against meritless litigation by focusing a representative action under PAGA to four Labor Code sections instead of the entire Labor Code. Support/Job Creator. Assembly Labor and Employment 4/28/16; Failed Deadline

Private Attorneys General Act (PAGA) Reform. AB 2462 (Grove; R-Bakersfield) Reduces meritless litigation costs by allowing an employer 33 days to cure any alleged Labor Code violation before a civil action may be filed. Support/Job Creator. Assembly Labor and Employment 4/28/16; Failed Deadline

Private Attorneys General Act (PAGA) Reform. AB 2463 (Grove; R-Bakersfield) Reduces meritless litigation costs by capping the penalties an employee may receive under PAGA at $1,000 per aggrieved employee. Support/Job Creator. Assembly Labor and Employment 4/28/16; Failed Deadline

Private Attorneys General Act (PAGA) Reform. AB 2464 (Grove; R-Bakersfield) Reduces meritless litigation costs by providing the court with discretion to dismiss a PAGA case if the court determines the employee did not suffer any physical or economic harm. Support/Job Creator. Assembly Labor and Employment 4/28/16; Failed Deadline

Private Attorneys General Act (PAGA) Reform. AB 2465 (Grove; R-Bakersfield) Reduces meritless litigation costs by requiring the Labor and Workforce Development Agency to investigate and review all notices filed pursuant to PAGA and issue a determination as to whether there is a reasonable basis for a civil action within 120 days of receiving the notice. Support/Job Creator. Failed Passage in Assembly Labor and Employment 4/20/16

Human Trafficking Training. AB 1595 (Campos; D-San Jose) Requires an employer of “mass transportation,” which excludes taxis and airlines, to train its employees on signs of human trafficking, but fails to provide any details of this mandated training, including the length of time or what the commonly accepted signs of human trafficking include. Oppose. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Human Trafficking. AB 1942 (C. Garcia; D-Bell Gardens) Before amendments, required a hotel or motel to train its employees on signs of human trafficking, but failed to provide any details of this mandated training, including the length of time or what the commonly accepted signs of human trafficking include. Opposition removed due to 4/13/16 amendments. No Position. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Legal Reform and Protection

Consumer Arbitration Agreement Discrimination. AB 2667 (Thurmond; D-Richmond) Unfairly discriminates against arbitration agreements and therefore is likely preempted by the Federal Arbitration Act, which will lead to confusion and litigation, by prohibiting arbitration of Unruh Civil Rights violations made as a condition of a consumer contract for goods or services. Oppose/Job Killer. Assembly Unfinished Business 8/15/16

Incentivizing Disability Access and Education. SB 269 (Roth; D-Riverside) Seeks to limit frivolous litigation and claims regarding construction-related accessibility violations by providing businesses that have proactively sought to become Americans with Disabilities Act (ADA) compliant with an opportunity to resolve any identified violations. Support/Job Creator. Signed 5/10/16—Chapter 13 (Urgency)

Increased Frivolous Litigation. SB 899 (Hueso; D-San Diego) Drives up consumer costs and increases frivolous litigation similar to the disability access lawsuits in California, by prohibiting a retailer or grocery store from discriminating against a person on the basis of gender with the price of “substantially similar” goods and subjecting them to a minimum $4,000 of damages for each violation. Oppose/Job Killer. Held in Assembly Judiciary 6/21/16; Failed Deadline

Interference with Enforcement of Contracts. SB 1241 (Wieckowski; D-Fremont) Before amendments, undermined judicial discretion and the intent of the parties who negotiated the contract by rendering any contract that contains a choice of forum or choice of law provision that designates another state other than California as voidable. Opposition removed due to 8/29/16 amendments. No Position. To Governor

Limits Private Business’s Ability to Accommodate Customers. SB 876 (Liu; D-La Cañada Flintridge) Limits the ability of business owners to request individuals who are homeless to move from entryways to the business as well as exposes business to the threat of costly litigation with mandatory statutory damages of no less than $1,000 per violation by proposing to create a protected classification for individuals who are homeless. Oppose. Failed Passage in Senate Transportation and Housing 3/29/16; Reconsideration Granted; Failed Deadline

Small Business Relief. SB 1228 (Runner; R-Antelope Valley) Provides small businesses with the opportunity to comply with regulations without facing devastating administrative enforcement actions and penalties, by requiring state agencies to assist small business with newly adopted regulations, create policies to reduce or eliminate penalties against small businesses who have tried to comply in good faith, and allow courts the necessary discretion to grant small employers equitable relief from overwhelming administrative orders. Support/Job Creator. Held in Senate Appropriations Suspense File 5/27/16; Failed Deadline

ADA Reform. SB 1142 (Moorlach; R-Costa Mesa) Reduces meritless litigation costs while protecting disability access by providing a business with 120 days to cure any alleged violation in a demand letter before a civil action may be filed. Support/Job Creator. Failed Passage in Senate Judiciary 4/27/16; Reconsideration Granted

Judicial Positions. SB 1023 (Committee on Judiciary) Helps to reduce the overburdened court system and allow quicker resolution of disputes by proposing to financially support the funding of additional judicial positions. Support. Held in Senate Appropriations Suspense File 5/27/16; Failed Deadline

ADA Reform. AB 2093 (Steinorth; R-Rancho Cucamonga) Makes sure owners and tenants are aware of any construction-related access violations and therefore have the opportunity to resolve any violation before a lawsuit is filed by requiring clarity in commercial property leases regarding whether the property has been inspected by a Certified Access Specialist (CASp) and any CASp reports. Support. To Governor

Reduction of Frivolous Litigation. AB 2827 (Levine; D-San Rafael) Before amendments, limited frivolous litigation against businesses that include “Made in the U.S.A.” or “Made in California” on labels by providing such businesses with a limited right to cure any alleged minor violation. Support removed due to 5/4/16 amendments. No Position/Former Job Creator. Held in Senate Rules 6/16/16; Failed Deadline

Increased Litigation Costs. SB 270 (Mendoza; D-Artesia) Unnecessarily limits the opportunity for companies to enter into contracts for court reporting services, which will drive up litigation costs. Oppose. Assembly Business and Professions 8/19/16

Arbitration: Class Actions. SJR 25 (Wieckowski; D-Fremont) Seeks to have the Legislature affirm statements regarding arbitration that are inconsistent with studies and court decisions issued by the U.S. Supreme Court and California Supreme Court. Oppose. Assembly Inactive File 8/30/16

Medical Marijuana<

Tax Amnesty for Unemployment Insurance Taxes. AB 567 (Gipson; D-Carson) Before amendments, facilitated more businesses paying their fair share of unemployment insurance taxes, thereby increasing the level of revenue into the Unemployment Insurance Trust Fund by creating a one-time unemployment insurance amnesty program for medical cannabis-related businesses. Opposition to 2015 bill dealing with another subject. Changed when bill was amended in 2016. Support position removed due to 8/5/16 amendments. No Position. To Governor

Other/Miscellaneous

Tobacco Licenses. SB 1400 (Wieckowski; D-Fremont) Causes loss of jobs and revenue by severely restricting where tobacco may be sold. Oppose. Held in Assembly Governmental Organization 6/21/16; Failed Deadline

Privacy and Confidentiality

Increased Litigation Exposure and Data Security Costs. AB 83 (Gatto; D-Glendale) Before amendments, required employers to provide heightened security to expanded categories of data that do not pose a threat of fraud or identity theft to consumers. Opposition removed due to 8/19/16 amendments. Neutral. Failed Passage in Assembly Judiciary 8/24/16

Duplicative Privacy Policy Requirements. AB 2623 (Gordon; D-Menlo Park) Before amendments, created duplicative and unnecessary requirements for privacy policies, thereby exposing businesses to increased litigation without providing additional information or protections to consumers. Opposition removed due to 4/28/16 amendments. No Position. To Governor

Creates Overly Prescriptive Mandates. AB 2688 (Gordon; D-Menlo Park) Interferes with the beneficial uses of commercial health monitoring devices and creates a bad precedent for online consent by creating overly prescriptive and unprecedented consumer consent mandates for these devices. Oppose. Senate Floor 8/30/16

Stymies Drone Innovation. SB 868 (Jackson; D-Santa Barbara) Interferes with drone innovation and utilization by creating overly burdensome rules that severely restrict where drones can operate and may conflict with Federal Aviation Administration regulations. Oppose. Assembly Privacy and Consumer Protection 6/9/16: Failed Deadline

Decreases Mobile Phone Security. AB 1681 (Cooper; D-Elk Grove) Exposes millions of consumers to increased data breach risks and companies to data breach liability by mandating all mobile phones sold in California allow for a “backdoor” entry to any encryption or security protections. Oppose. Held in Assembly Privacy and Consumer Protection 4/13/16; Failed Deadline

Proprietary Information Sharing Mandate. SB 949 (Jackson; D-Santa Barbara) Potentially exposes confidential and proprietary information by granting the Governor broad authority to demand that companies operating critical infrastructure turn over information. Oppose. Senate Governmental Organization 2/18/16; Failed Deadline

Creates Unnecessary and Burdensome Mandates on Business. AB 1993 (Irwin; D-Thousand Oaks) Unnecessarily interferes with current processes designed to efficiently respond to information requests by mandating that each business designate a single individual to respond to every law enforcement information request and provide status updates. Oppose. To Governor

Stifles Drone Innovation. AB 2724 (Gatto; D-Glendale) Before amendments, interfered with drone innovation and use by creating overly burdensome mandates, including premature insurance requirements and the use of specific technology. Opposition removed due to 6/1/16 amendments. No Position. To Governor

Stymies Business Use of Government Materials. AB 2880 (Committee on Judiciary) Before amendments, interfered with businesses’ ability to reproduce, develop a database or use public documents and materials by granting the state unprecedented authority to assert copyright over anything it creates or acquires. Opposition removed due to 6/21/16 amendments. No Position. Senate Inactive File 8/29/16

Interferes with Consumer Interaction and Retention. AB 2867 (Gatto; D-Glendale) Stymies certain businesses’ ability to interact with consumers, address service and pricing issues, and explain procedures by mandating that businesses have a technology-specific online cancellation process. Oppose. Assembly Floor 5/4/16

Drone Flight Guidelines. AB 2148 (Holden; D-Pasadena) Before amendments, required Department of Fish and Wildlife to develop guidelines for drone use over public lands managed by the department. Opposition removed due to 5/12/16 amendments. No Position. To Governor

Interferes with Consumer Interaction and Retention. SB 1428 (E. Hernandez; D-West Covina) Stymies businesses’ ability to interact with consumers, address service and account issues, and explain procedures by mandating that businesses have a technology-specific online cancellation process. Oppose. Held in Assembly Privacy and Consumer Protection 6/9/16; Failed Deadline

Increases Security of Business Data. AB 2720 (Chau; D-Monterey Park) Increases security of sensitive business data maintained by the state, by creating a security program modeled after private industry that offers monetary rewards to individuals who identify vulnerabilities in the state’s computer network. Support. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Increases Government Efficiency. AB 2296 (Low; D-Campbell) Creates more efficient interactions between agencies and businesses by allowing California public agencies to accept digital signatures. Support. Signed—Chapter 144

Increases Litigation on Transportation Network Companies. AB 2777 (Nazarian; D-Sherman Oaks) Creates additional liability for transportation network companies by setting an unnecessary legal standard for companies that fail to “opt in” to the duplicative background check program. Oppose. Failed Passage in Assembly 6/2/16

Stymies Autonomous Vehicle Innovation. AB 1592 (Bonilla; D-Concord) Before amendments, dissuaded businesses from participating in an autonomous vehicle pilot project, by inappropriately prohibiting legitimate uses of data collected from the project and creating litigation exposure. Opposition removed due to 8/19/16 amendments. Neutral. To Governor

Drone Accident Reporting. AB 1662 (Chau; D-Monterey Park) Requires drone operators to report accidents resulting in injuries to persons or property. Oppose. To Governor

Overly Broad Restrictions. AB 1671 (Gomez; D-Los Angeles) Before amendments, created unnecessary and unconstitutional restrictions on the media and broadcast industry by criminalizing the production and distribution of certain content. Opposition removed due to 8/30/16 amendments. No Position. To Governor

Criminalizes Ransomware. SB 1137 (Hertzberg; D-Van Nuys) Creates a new crime for placing a contaminant into a computer system that restricts access to information and demanding a ransom to remove the restriction. Support. To Governor

Recycling

Burdensome Reporting Requirement. AB 2530 (Gordon; D-Menlo Park) Burdens beverage manufacturers by requiring specific reporting requirements indicating the percentage of postconsumer recycled content beverage containers. Oppose. To Governor

Provides Businesses Certainty. SB 423 (Bates; R-Laguna Niguel) Provides certainty and reduces unnecessary costs for businesses by requiring the Department of Toxic Substances Control to provide consensus recommendations for the management of surplus household consumer products in order to reduce the number of products unnecessarily treated as hazardous waste. Support. To Governor

Regulatory Reform

Regulatory Reform. AB 870 (Cooley; D-Rancho Cordova) Promotes greater accountability, improved efficiency and modernization of regulations by requiring agencies to review and update their regulations. Support. Senate Rules 8/15/16

Major Regulations. AB 1868 (Wagner; R-Irvine) Strengthens the accountability and transparency of the state’s regulatory process, which paves the way to effective and least burdensome regulations. Support. Failed Passage in Assembly Appropriations 5/11/16

Retirement Systems

State-Run Retirement Program for Private Sector Employees. SB 1234 (de León; D-Los Angeles) Before amendments, potentially created liabilities, costs and administrative burdens for employers by creating a mandated state-run retirement savings program for private sector employees without sufficiently addressing liability and costs. Opposition removed due to 8/15/16 amendments. No Position. To Governor

Retirement Fund Divestiture. AB 2283 (Calderon; D-Whittier) Unfairly targets one type of business and potentially jeopardizes retirement funds by requiring the California Public Employees’ Retirement System and the State Teachers’ Retirement System boards to divest from securitized home rental properties based on principles unrelated to fiduciary responsibility to the retirees, rather than making investment decisions based on sound economic principles. Oppose. Failed Passage in Assembly Public Employees, Retirement and Social Security 4/20/16; Reconsideration Granted

Surface Mining and Reclamation Act

Modernizes Operation of Surface Mines. AB 1142 (Gray; D-Merced) Strengthens the Surface Mining and Reclamation Act to promote better communication between government agencies and operators, ensure that mines are inspected by qualified professionals, and clarify due dates for various compliance requirements. Support. Signed 4/18/16—Chapter 7

Modernizes Operation of Surface Mines. SB 209 (Pavley; D-Agoura Hills) Strengthens the Surface Mining and Reclamation Act by, among other things, permitting the use of corporate financial tests to serve as a financial assurance mechanism under the Surface Mining and Reclamation Act. Support. Signed 4/18/16—Chapter 8

Taxation

Split Roll. SCA 5 (Hancock; D-Berkeley) Undermines the protections of Proposition 13 by unfairly targeting commercial property owners and increasing their property taxes by assessing their property based upon current fair market value instead of acquired value. Such costs will ultimately be passed on to consumers and tenants through higher prices and will result in job loss as businesses struggle to absorb such a dramatic tax increase. Oppose/2015 Job Killer. Senate Governance and Finance 4/12/16

Lowers Vote Requirement for Tax Increases. ACA 8 (Bloom; D-Santa Monica) Adds complexity and uncertainty to the current tax structure and pressure to increase taxes on commercial, industrial and residential property owners by giving local governments new authority to enact special taxes for storm and wastewater infrastructure, including parcel taxes, by lowering the vote threshold from two-thirds to 55%. Oppose/Job Killer. Assembly Local Government 6/23/16

Expansion of Tax Authority to Local Entities. ABX2 10 (Bloom; D-Santa Monica) Reduces sales of one particular industry and therefore the anticipated revenue those local entities will receive by authorizing cities and counties to impose another targeted tax on such products. Oppose. Vetoed

Targeted Tax. AB 2782 (Bloom; D-Santa Monica) Threatens jobs in beverage, retail and restaurant industries by arbitrarily and unfairly targeting certain beverages for a new tax in order to fund health programs. Oppose/Job Killer. Assembly Health 3/31/16

Reduces Risk of Double Taxation. AB 2771 (Irwin; D-Thousand Oaks) Decreases the risk of a taxpayer being double taxed, by simplifying apportionment rules for income earned in another state. Support. Held in Assembly Appropriations Suspense File 5/27/16

Extension to File and Pay Taxes to Board of Equalization. AB 1559 (Dodd; D-Napa) Seeks to reduce the burden on a taxpayer who has been a victim of a disaster by providing the Board of Equalization with authority to grant a three-month extension for such a taxpayer to file a return or remit a tax payment. Support. To Governor

Reduces Risk of Double Taxation. SB 1449 (Nguyen; R-Garden Grove) Decreases the risk of a taxpayer being double taxed, by simplifying apportionment rules for income earned in another state. Support. Held in Senate Appropriations Suspense File 5/27/16

Incentivizes Contributions to College Savings Programs. AB 2726 (McCarty; D-Sacramento) Promotes educational opportunities and workforce development by creating a tax incentive for contributions to college savings accounts. Support. Held in Assembly Appropriations Suspense File 5/27/16

Tax Administration. AB 2201 (Brough; R-Dana Point) Proposes to maintain fairness with regard to the computation of interest on a late electronic payment to the Board of Equalization by reinstating the authority of the BOE to compute interest on a daily basis instead of a monthly basis if listed circumstances are satisfied. Support. To Governor

Parcel Tax Notice. AB 2476 (Daly; D-Anaheim) Ensures that a property owner has sufficient time to potentially challenge the parcel tax if necessary by providing notice and information of a local agency or legislative body’s vote to place a parcel tax on the ballot to a property owner, who does not reside within the jurisdiction of the agency or legislative body. Support. To Governor

Liability for the Collection of Local Taxes. SB 1422 (Glazer; D-Contra Costa) Avoids unnecessary and costly litigation against those entities that hold such a franchise by clarifying existing law that a holder of a state franchise for the provision of a video service that is required to collect a mandated tax cannot be held liable for collecting that tax. Support. Signed—Chapter 156

Tax Assessment of Certified Aircraft. SB 1329 (Hertzberg; D-Van Nuys) Before amendments, maintained current assessment method for certified aircraft and allowed a trial de novo review of assessments that are appealed to provide the court with a complete record of evidence. Support position removed due to 5/31/16 amendments. No Position. Assembly Inactive File 8/23/16

Tax Conformity. AB 1775 (Obernolte; R-Big Bear Lake) Eases burden of taxpayers by conforming state filing dates for tax returns with federal dates. Support. To Governor

Change of Ownership. SB 259 (Bates; R-Laguna Niguel) Provides clarity regarding change of ownership of commercial property for purposes of reassessment in accordance with Proposition 13. Support. Held in Senate Appropriations 1/21/16; Dead

Telecommunications

Transition to Modern Telecommunications. AB 2395 (Low; D-Campbell) Establishes a pathway to transition old phone lines to more modern Internet Protocol networks that are environmentally clean while ensuring that no one is left without phone service by maintaining existing service until another carrier can be found. Support. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Internet Regulation. AB 1758 (M. Stone; D-Scotts Valley) Threatens innovation by inappropriately inserting the California Public Utilities Commission into regulating the Internet and conflicts with existing California and federal policies that make clear the CPUC has no jurisdiction over Internet access, services or rate setting. Oppose. Assembly Utilities and Commerce 3/28/16

Expedites Permits. AB 2788 (Gatto; D-Glendale) Expedites infrastructure expansion for reliability and next generation wireless communications by deeming the use of small cell antennas a permitted use in all local zoning districts. Support. Held in Senate Energy, Utilities and Communications 6/15/16; Failed Deadline

Tourism

California Travel and Tourism Month. ACR 166 (Chu; D-San Jose) Proclaims every May as California Travel and Tourism Month to celebrate the industry and its significant contribution to the California economy. Support. Resolution Chapter 58 6/16/16

Transportation and Infrastructure

Stifles Ridesharing. SB 1035 (Hueso; D-San Diego) Imposes burdensome and unnecessary rate-setting regulations on transportation network companies under the California Public Utilities Commission, thereby stifling innovation and economic growth. Oppose. Failed Passage in Senate Transportation and Housing 4/19/16

Increases Transportation Network Company Use of Electric Vehicles. AB 2763 (Gatto; D-Glendale) Incentivizes transportation network company use of electric vehicles by allowing drivers to use leased or rented electric vehicles when providing rides. Support. To Governor

Discriminates Against Specific Technology. AB 1785 (Quirk; D-Hayward) Creates additional distracted driving laws that unnecessarily target specific technological devices rather than penalizing behavior, thereby discriminating against certain products and industries. Oppose. To Governor

Increased Vehicle Costs. AB 1108 (Burke; D-Inglewood) Creates unnecessary and burdensome mandates on vehicle sales, which would increase employer costs for fleet vehicle purchases. Oppose. Senate Rules 8/17/16

Water Supply and Quality

Erodes Housing Affordability. SB 1318 (Wolk; D-Davis) Inappropriately leverages necessary affordable housing in order to solve infrastructure issues with the consequence that the housing won’t be built by imposing requirements on water or wastewater districts to serve certain communities first. Oppose/Job Killer. Held in Assembly Local Government 6/9/16; Failed Deadline

Conveyance. AB 1713 (Eggman; D-Stockton) Delays construction of much-needed water conveyance, putting business and citizens in danger of severe water shortages by requiring a statewide initiative vote before proceeding with any Delta conveyance systems. Oppose. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

New Permits. SB 1317 (Wolk; D-Davis) Eliminates local decision making on groundwater sustainability by prohibiting farms from sinking any new wells in certain water basins. Oppose. Assembly Local Government 6/20/16

Disclosure. AB 1520 (M. Stone; D-Scotts Valley) Removes protections that safeguard production capacity and other sensitive production data from disclosure to competitors by requiring commercial, industrial and institutional water users to publicly disclose usage, supposedly to enforce compliance with water conservation goals. Oppose. Failed Passage in Senate 8/19/16

Mandated Recycling. SB 163 (Hertzberg; D-Van Nuys) Before amendments, significantly increased the cost for wastewater treatment per month to business and residents by forcing sanitation agencies with ocean discharge to recycle half their discharge by 2026 and all their discharge by 2036. Opposition removed when gutted and amended to a different subject on 8/18/16. No Position. Assembly Environmental Safety and Toxic Materials 8/18/16

Delays New Housing. SB 1263 (Wieckowski; D-Fremont) Before amendments, delayed new housing by imposing ambiguous standards for permitting new water districts and also allowed the State Water Board to deny the permit even if all conditions are met. Opposition removed due to 6/29/16 amendments. Neutral. To Governor

Water Savings. AB 2525 (Holden; D-Pasadena) Helps conserve water through economic incentives to promote efficient use of water in landscapes and water grass replacements. Support. Held in Assembly Appropriations Suspense File 5/27/16; Failed Deadline

Delta Conveyance. AB 2583 (Frazier; D-Oakley) Delays construction of needed Delta conveyance by changing the rules for operation, funding, management and construction, undoing years of state and federal collaboration. Oppose. Failed Passage in Assembly Water, Parks and Wildlife 4/19/16

Water Efficiency. SB 1233 (McGuire; D-Healdsburg) Reduces water usage by providing a funding mechanism for property owners to purchase water-efficient appliances and drought-tolerant landscaping. Support. Held in Assembly Appropriations Suspense File 8/11/16

Goals. AB 1925 (Chang; R-Diamond Bar) Creates an incentive to continue to pursue desalination projects as a viable means to create additional water. Support. Assembly Appropriations 4/19/16; Failed Deadline

Irrigation. AB 1704 (Dodd; D-Napa) Expedites the registration process for wineries’ small irrigation ponds by consolidating two registration processes into one. Support. Held in Senate Appropriations Suspense File 8/11/16

Stifles New Housing. AB 2616 (Burke; D-Inglewood) Before amendments, authorized the Coastal Commission to impose conflicting housing requirements from local governments in the coastal zone, resulting in barriers to new housing and limitations to the rental market. Opposition removed due to 5/31/16 amendments. Neutral. To Governor

Workers’ Compensation

Increases Workers’ Compensation Costs. SB 1160 (Mendoza; D-Artesia) Before amendments, increased workers’ compensation costs on employers by significantly raising reporting penalties, removing statutory treatment caps, adding unnecessary utilization review requirements and undercutting the use of evidence-based medicine. Opposition removed due to 8/18/16 amendments. No Position. To Governor

Increased Workers’ Compensation Costs. AB 2230 (Chu; D-San Jose) Before amendments, unnecessarily barred employers from choosing interpreter vendors, thereby eliminating the ability to negotiate lower rates and increasing system costs. Opposition removed due to 5/5/16 amendments. No Position. To Governor

Increased Workers’ Compensation Costs. AB 1643 (Gonzalez; D-San Diego) Significantly expands scope of workers’ compensation system and increases costs by forcing employers to provide disability benefits for nonindustrial injuries. Oppose. To Governor

Increased Workers’ Compensation Medical Costs. AB 2407 (Chávez; R-Oceanside) Undercuts and delays evidence-based medical treatments by mandating unnecessary and redundant consultations, assessments, and treatment plans. Oppose. Assembly Rules 5/24/16; Failed Deadline

Simplifies Workers’ Compensation Policy Negotiations. AB 1922 (Daly; D-Anaheim) Reduces unnecessary delays and disruptions in negotiations between large, sophisticated insurance purchasers and insurers by limiting the number of documents related to the workers’ compensation policies that must be filed with the Department of Insurance for employers who meet certain thresholds. Support. To Governor

Discourages Workers’ Compensation Fraud. AB 1244 (Gray; D-Merced) Decreases medical provider fraud in the workers’ compensation system by barring physicians who have been convicted of fraud or abuse in the Medicare, Medicaid or Medi-Cal programs from treating injured workers. Support. To Governor

Significant Increase in Workers’ Compensation Costs. SB 563 (Pan; D-Sacramento) Before amendments, exposed injured workers to potentially inappropriate treatment, undercut the recent workers’ compensation reforms and significantly increased workers’ compensation costs by eliminating the Utilization Review and Independent Medical Review process for many treatment requests. Job killer tag and opposition removed due to 1/4/16 amendments. Neutral/Former 2015 Job Killer. Assembly Inactive File 8/31/16

Job Creator Bill Increasing Housing Supply to Governor
Employers Should Have Reasonable Suspicion for Drug Testing Workers
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