Saturday, December 3, 2022

CalChamber Status Update Report on Major Legislation for Business

The following list summarizes top priority bills for the California Chamber of Commerce and their status as of July 1, when the Legislature began its summer recess.

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

The CalChamber will publish a second status report in September, showing the status of priority legislation when the Legislature begins its final recess on August 31.

September 30 is the last day for the Governor to sign or veto bills passed by the Legislature before September 1 and in the Governor’s possession on or after September 1.

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

Bills signed by the Governor will become law on January 1, 2023. Urgency, tax and budget-related measures go into effect immediately upon being signed. In those cases, the date the Governor signed the bill is noted.

Each fall, the CalChamber 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 legislative action on bills as of July 1, 2022. Dates listed are the date the bill was assigned to a committee, the latest date of committee action, the next hearing date or when the bill reached the Senate or Assembly floor, unless action is stated.

A print-friendly version is available here.

Agriculture, Food and Natural Resources

Livestock Ban. AB 2764 (Nazarian; D-Van Nuys) Bans new or expanded commercial animal feeding and processing operations for meat, poultry, eggs, and dairy. Will increase food prices for Californians and force food to be imported from out of state to meet consumer demand. Oppose/Job Killer.

Assembly Agriculture 3/17/22; Failed Deadline


Product Restrictions. AB 2146 (Bauer-Kahan; D-Orinda) Imposes restrictions on use of pesticide important for combatting citrus disease. Circumvents science-focused regulatory processes. Oppose.

Senate Appropriations Suspense File 6/20/22


Smoke Exposure Study. AB 2213 (Aguiar-Curry; D-Winters) Creates an advisory committee to study impacts of wildfire smoke on grapes and wine and investigate ways to prevent or minimize smoke damage. Support.

Assembly Appropriations Suspense File 5/18/22; Failed Deadline

Air Quality

Carbon Capture Projects. SB 905 (Skinner; D-Berkeley) Requires California Air Resources Board (CARB) to create the Geologic Carbon Sequestration Demonstration Initiative but caps the number of demonstration projects at 5 and limits the projects to a very narrow list of industries, thereby stifling the ability of carbon capture technology to become more prevalent and help to reduce additional greenhouse gases (GHGs). Oppose Unless Amended.

Assembly Appropriations 6/20/22


Sustainable Aviation Fuel Incentives. AB 1322 (R. Rivas; D-Hollister) Requires state agencies to develop a plan to incentivize the production of sustainable aviation fuel to no less than 1.5 billion gallons per year by 2030 and implement said plan by December 31, 2025. Support.

Senate Appropriations 6/8/22


Carbon Capture Sequestration Expansion. AB 2101 (Flora; R-Ripon) Adds whole orchard recycling projects to the list of eligible Carbon Capture Sequestration Registry projects that are eligible to seek funding from state agencies or private entities. Support.

Signed


Triples Fees for Stationary Sources. AB 1897 (Wicks; D-Oakland) Arbitrarily triples the fees through civil actions for individual stationary sources if those sources are a refinery. It singles out a specific industry and facility rather than looking at the issue from a comprehensive or statewide perspective. Oppose.

Senate Appropriations 6/28/22

Banking and Finance

Burdensome Foreclosure Requirements. SB 1323 (Archuleta; D-Pico Rivera) Increases difficulty in recovering collateral property when a borrower is in default. Increases risks associated with lending and creates an unnecessary new procedure for selling property with equity after default. Oppose.

Assembly Appropriations 6/28/22


Credit Availability. AB 2424 (B. Rubio; D-Baldwin Park) Prevents frivolous and false disputes made by credit repair services that delay credit availability. Updates the Credit Repair Services Act to provide transparency for costs of services rendered and expected results. Support.

Senate Appropriations 6/29/22

Budget

COVID 19 Economic Relief. AB 87 (Committee on Budget) Transfers $150 million into the California Emergency Relief Fund to fund remaining eligible wait-listed grant applicants from last year’s California Small Business COVID-19 Relief Grant Program. Additionally, conforms state tax law to federal tax law for entities that received grants from Restaurant Revitalization Fund and Shuttered Venue Operators Grant programs so these entities will avoid state tax obligations they don’t shoulder federally. Support.

Senate Budget and Fiscal Review 2/9/22


California Employer Economic Relief. SB 113 (Committee on Budget and Fiscal Review) Restores Net Operating Loss deduction and lifts cap placed on business incentive tax credits that were suspended in 2020’s state budget. Support.

Signed—Chapter 3
2/9/22

California Environmental Quality Act (CEQA)

Expands CEQA and Hurts Housing. AB 1001 (C. Garcia; D-Bell Gardens) Creates new highly subjective, non-quantifiable and litigation-bait standards in CEQA that will threaten California’s economic recovery and ability to construct much-needed housing. It also removes local government discretion regarding how to analyze and mitigate proposed project impacts, thereby making projects more expensive, harder to build and more likely to be thrown into courts by NIMBY opposition. Oppose/Job Killer.

Senate Environmental Quality 5/4/22; Failed Deadline


Warehouse and Logistics Project Ban. AB 2840 (Reyes; D-San Bernardino) Circumvents the California Environmental Quality Act, creates an unprecedented ban on warehouses and logistics use projects irrespective of whether there are any project impacts, usurps local authority over land use decisions, exacerbates supply chain problems, and forces union labor for proposed private projects that are not banned. Oppose/Job Killer.

Senate Governance and Finance 6/8/22; Failed Deadline


Makes CEQA Worse and Hurts Housing. SB 1404 (Stern; D-Canoga Park) Arbitrarily and statutorily defines what is considered a significant environmental impact when removing an oak tree, substantially changing how the California Environmental Quality Act (CEQA) has operated since its inception. In doing so, SB 1404 would have made the construction of housing even harder and jeopardized the state’s ability to mitigate wildfires. Oppose.

Senate Appropriations Suspense File 5/9/22; Failed Deadline


CEQA: Transportation Impacts. (SB 1410; Caballero; D-Salinas) Requires the Office of Planning and Research, by January 1, 2025, to conduct and submit study on the impacts and implementation of transportation impact guidelines required by existing law. Also requires the office, upon appropriation of funds by the Legislature, to establish a grant program to provide financial assistance to local jurisdictions for implementing those guidelines. Support.

Assembly Appropriations Suspense File 6/29/22

Climate Change

Increased Regulatory Burden. SB 260 (Wiener; D-San Francisco) Imposes a mandatory climate tracking, auditing, and cap on climate emissions that will fall heavily on all California businesses, impacting competitiveness and increasing costs. Oppose.

Assembly Appropriations 6/21/22


Duplicative Cap and Trade Reporting. AB 2793 (Muratsuchi; D-Torrance) Requires CARB to provide triennial updates on the state’s cap and trade program. This bill is duplicative and unnecessary as there are already frequent updates provided as well as CARB going through its existing Scoping Plan process right now. Additionally, this would bring uncertainty to the existing marketplace, which is operating efficiently and effectively. Oppose.

Assembly Floor 5/19/22; Failed Deadline


Limiting Cap and Trade. SB 1391 (Kamlager; D-Los Angeles) Dramatically undercuts the rather successful cap and trade program by making it nearly impossible for the program to be linked with other states or nations in terms of expanding the program and making it even more inclusive of other entities. Particularly as CARB is in the middle of the Scoping Plan process, this proposal is premature. Oppose.

Assembly Appropriations 6/20/22


Excessive Regulatory Authority to Non-Legislative Body. AB 1640 (Ward; D-San Diego) Without clarifying amendments, the bill could be read to confer broad regulatory authority to entities that are not subject to the oversight of any legislative body or elected official. Neutral.

Senate Appropriations 6/28/22


Increases the Cost of Construction. SB 1297 (Cortese; D-San Jose) By imposing requirements for new and untested materials in building construction, threatens to increase litigation and impose additional costs on buildings, including housing. Oppose Unless Amended.

Assembly Appropriations 6/20/22

Crime

Occupational License Eligibility. AB 1662 (Gipson; D-Carson) Allows prospective applicants for occupational licenses to seek an early determination as to whether a prior criminal conviction will prohibit them from being licensed. Enables prospective applicants to know their eligibility before spending time on training. Support.

Senate Appropriations 6/29/22

Education

Inland Rising Fund. AB 2046 (Medina; D-Riverside) Establishes Inland Rising Fund to support development, operation and maintenance of new research into medicine and climate change at the University of California Riverside, and the University of California Merced. Support.

Senate Appropriations 6/22/22


Grants for More Computer Science Teachers. AB 1853 (Berman; D-Palo Alto) Creates a grant program encouraging K-12 computer science certification for educators and coursework to improve California’s computer science education pipeline. Support.

Assembly Appropriations Suspense File 4/27/22; Failed Deadline


STEM Partnership Academies. AB 1923 (Mathis; R-Visalia) Reprioritizes existing science, technology, engineering and math (STEM) grant funding to prioritize education for pupils that are underrepresented in STEM, including rural populations, economically disadvantaged populations, as well as other populations. Support.

Signed


Career Technical Education. AB 2058 (O’Donnell; D-Long Beach) Re-works and improves funding structure for workforce development, including convening a stakeholder workgroup by January 2023, among other provisions. Support.

Senate Education 6/8/22; Failed Deadline


Golden State Apprenticeship Program. AB 2263 (Villapudua; D-Stockton) Provides financial aid for those entering apprenticeship and vocational training programs to help address California’s skills gap. Support.

Assembly Appropriations Suspense File 5/4/22; Failed Deadline


College and Career Access Pathways. AB 2617 (Holden; D-Pasadena) Appropriates $500 million to the Department of Education to provide competitive grants to establish opportunities for high school students to take classes at community colleges concurrently. Support.

Senate Appropriations Suspense File 6/27/22


Cybersecurity Regional Alliances and Multistakeholder Partnerships Pilot Program. AB 2695 (Berman; D-Palo Alto) Creates pilot program to improve cybersecurity education at multiple California State University (CSU) campuses, with data to be shared with the CSU Chancellor and Legislature annually. Support.

Assembly Appropriations Suspense File 5/18/22; Failed Deadline


Financial Literacy Education. AB 2051 (Cunningham; R-San Luis Obispo) Improves financial literacy education for California’s youth by providing educational materials and professional development to promote financial literacy education. Support.

Senate Appropriations 6/22/22


Financial Literacy Education. AB 2215 (B. Rubio; D-Baldwin Park) Improves financial literacy education for California’s youth by requiring the Department of Education to develop curriculum and instructional materials and share them on its website. Support.

Senate Education 6/1/22; Failed Deadline

Elections and Fair Political Practices

Political Contributions. AB 1819 (Lee; D-San Jose) Unconstitutional proposal bans corporations with 50% or more of foreign investment from contributing to campaigns or independent expenditures. Oppose.

Assembly Appropriations Suspense File 5/11/22

Energy

Undergrounding Mandate. SB 884 (McGuire; D-Healdsburg) The bill attempts to incentivize investor-owned utilities (IOU) to underground their poles and wires, but in reality it simply reduces the IOU’s ability to generate a rate of return for the massive investment that this would require. Additionally, it requires telecommunications companies to underground their equipment on any site that is collocated with the energy companies. This would slow the pace of undergrounding that is currently being proposed while dramatically increasing the cost of energy for consumers — residential, commercial and industrial. Oppose.

Assembly Appropriations 6/27/22


Transportation Electrification. AB 1814 (Grayson; D-Concord) Disproportionately benefits non-community choice aggregators in deploying infrastructure around transportation electrification. Oppose.

Assembly Utilities and Energy 2/18/22; Failed Deadline


Grid Regionalization. ACR 188 (Holden; D-Pasadena). Encourages the California Independent System Operator to report on the impacts of grid regionalization with other organizations in Colorado, Nevada and other regional states. Grid regionalization is an effective policy to help ensure that energy is delivered in an efficient and effective manner. Support.

Senate Floor 6/27/22

Environmental Regulation

Ban on Enhanced Oil Recovery. SB 1314 (Limón; D-Goleta) Prohibits enhanced oil recovery produced by a carbon dioxide capture project or a carbon dioxide capture and sequestration project into a Class II injection well, including the facilitation of enhanced oil recovery from another well. This prohibits an important tool to potentially reduce greenhouse gases. Oppose.

Assembly Appropriations 6/20/22


PFAS Ban in Cosmetics. AB 2771 (Friedman; D-Glendale) Holds companies liable for the presence of perfluoroalkyl and polyfluoroalkyl substances (PFAS) even if the company did not add the PFAS to their cosmetic product. Oppose Unless Amended.

Senate Health 6/29/22

Gaming/Alcohol

Cigarette Filter Ban. AB 1690 (L. Rivas; D-Arleta) Interferes with Food and Drug Administration regulations and puts California at a disadvantage by banning single-use filtered cigarettes in the state. Neutral.

Assembly Inactive File 5/16/22; Failed Deadline


Craft Distillers: Delivery. SB 620 (Allen; D-Santa Monica) Recent amendments unfairly exclude the use of common carriers who contract out for delivery services, which limits the ability to engage in direct-to-consumer shipping and is an unwarranted attempt to eliminate legal contracting in the common carrier industry. Oppose Unless Amended.

Assembly Governmental Organization 4/28/22; Failed Deadline

Hazardous Waste

Super Liens. AB 870 (Santiago; D-Los Angeles) Creates statutory super liens that empower the state to levy liens on contaminated properties that supersede all other liens, even ones recorded before, thereby disrupting banking and lending in California for all types of properties including residential. Oppose Unless Amended.

Assembly Judiciary 1/11/22; Dead

Health Care

Government-Run Health Care. AB 1400 (Kalra; D-San Jose) Penalizes employers, eliminates individual choice, and results in hundreds of billions of dollars in new taxes on all Californians and California businesses by creating a new single-payer government-run, multibillion-dollar health care system. Oppose/Job Killer.

Died on Assembly Floor 2/1/22.


Government-Run Health Care. ACA 11 (Kalra; D-San Jose) Penalizes employers, eliminates individual choice, and results in hundreds of billions of dollars in new taxes on all Californians and California businesses by creating a new single-payer government-run, multibillion-dollar health care system. Oppose/Job Killer.

Assembly Print 1/5/22


CARE ACT Services for the Mentally Ill. SB 1338 (Umberg; D-Santa Ana) Changes the state’s process for caring for those facing extreme mental illness or drug addiction. Creates a system with advocates for those who need care, but also provides wraparound services to ensure those most in need get the treatment that’s needed. Support.

Assembly Appropriations 6/28/22


Increases Health Care Premiums. AB 933 (Daly; D-Anaheim) Increases health care premiums by requiring an enrollee’s or insured’s prescription drug cost sharing be calculated at the point of sale (POS) based on a price that is reduced by an amount equal to 90% of all rebates received, or to be received, in connection with the dispensing or administration of the drug. Oppose.

Assembly Appropriations 1/11/22; Failed Deadline


Health Care Cost Driver. AB 1880 (Arambula; D-Fresno) Increases health care costs for employers by requiring prior authorization and step therapy denial appeals be reviewed by clinical peers in addition to expensive new reporting requirements for health plans and insurers. Oppose Unless Amended.

Senate Appropriations Suspense File 6/27/22


Health Care Cost Increase. AB 2024 (Friedman; D-Glendale) Increases health care costs by prohibiting cost sharing for screening mammography, medically necessary or supplemental breast examinations, or testing. Oppose.

Senate Appropriations 6/29/22


Health Care Cost Driver. AB 2029 (Wicks; D-Oakland) Increases health care costs by mandating plans and insurers provide coverage for fertility services to diagnose and treat infertility, including in vitro fertilization. Oppose.

Assembly Appropriations Suspense File 5/18/22; Failed Deadline


Prevents Health Entities from Executing Prudent Business Decisions. AB 2080 (Wood; D-Santa Rosa) Presumptively characterizes health plan, insurer, and health system market activity as anticompetitive and gives the Attorney General unnecessary and overbroad power to reject this activity. Oppose.

Senate Health 6/8/22; Failed Deadline


Locking Vial Mandate for Schedule II Drugs. AB 2265 (Arambula; D-Fresno) Increases prescription drug prices by requiring non-hospital pharmacies to dispense schedule II and IIN drugs in a lockable vial and seek reimbursement for the vials from drug manufacturers. Oppose Unless Amended.

Assembly Appropriations Suspense File 4/27/22; Failed Deadline


Increases Health Care Costs. SB 473 (Bates; R-Laguna Niguel) Increases health care costs by capping cost sharing for insulin prescriptions at $50 for 30-day supply and no more than $100 total per month, regardless of the amount or type of insulin ordered. Oppose.

Assembly Appropriations 6/14/22


Increases Health Care Premiums. SB 853 (Wiener; D-San Francisco) Increases health care premiums by mandating plans and insurers that include a pharmacy benefit to provide coverage for a drug or dose during the entire duration of a utilization review and during any appeal of that review. Oppose.

Assembly Appropriations 6/28/22


Increases Prescription Drug Costs. SB 939 (Pan; D-Sacramento) Increases prescription drug costs for consumers by allowing any drug to be dispensed by mail by any pharmacy. Oppose Unless Amended.

Assembly Health 5/27/22; Failed Deadline


Prescription Drug Cost Driver. SB 958 (Limón; D-Goleta) Increases prescription drug costs for employers by banning brown bagging and augmenting white bagging practices for injectable and infusible medications. Oppose.

Assembly Health 5/27/22; Failed Deadline


Expensive Diagnostic Imaging Mandate. SB 974 (Portantino; D-La Cañada Flintridge) Increases premiums for employers and employees by mandating plans and insurers provide coverage without imposing cost sharing for follow-up screening mammography and medically necessary diagnostic breast imaging. Oppose.

Assembly Appropriations 6/28/22


Health Care Cost Driver. SB 999 (Cortese; D-San Jose) Increases health care costs for employers by requiring plans and insurers to retain expensive health care providers to review step therapy and prior authorization appeals and denials. Oppose Unless Amended.

Assembly Appropriations 6/28/22


Health Care Mandate. SB 1337 (McGuire; D-Healdsburg) Increases premiums for California’s employers and employees by mandating plans and insurers provide coverage for coordinated specialty care services for the treatment of first episode psychosis. Oppose.

Senate Appropriations Suspense File 5/16/22; Failed Deadline


Increases Health Care Premiums. SB 1361 (Kamlager; D-Los Angeles) Increases health care premiums by requiring an enrollee’s or insured’s prescription drug cost sharing be calculated at the point of sale (POS) based on a price that is reduced by an amount equal to 90% of all rebates received, or to be received, in connection with the dispensing or administration of the drug. Oppose.

Senate Appropriations Suspense File 5/16/22; Failed Deadline


Health Care Cost Increase. AB 1859 (Levine; D-San Rafael) Before amendments, increased health care costs by requiring health plans and insurers to schedule outpatient appointments within an extremely short period of time. Amendments allowed plans more time to schedule follow-up appointments. Neutral.

Senate Appropriations 6/23/22

Housing and Land Use

Wildfire Housing Bill. SB 12 (McGuire; D-Healdsburg) Establishes legally treacherous land use hurdles that would provide NIMBY opponents with additional tools to block the development of housing in very high fire severity zones even though housing projects will be required to develop to the highest building code and fire resiliency standards in the world. Oppose.

Assembly Housing and Community Development 5/24/22; Failed Deadline


Ellis Act Restrictions. AB 854 (Lee; D-San Jose) Prohibits an owner of a residential rental property from being able to withdraw their rental units from the market or take any action to recover possession of accommodations unless all the owners of the accommodations have been owners of record for at least 5 continuous years. Further, prohibits an owner of rental units who files a notice of intent to withdraw the rental units from the market, and the owner subsequently acquires a new property containing accommodations within 10 years of that filing, from ever withdrawing the accommodations at the new property from the market. Oppose.

Died on Assembly Floor 2/1/22


Fire Hardening of New Homes. AB 2705 Quirk-Silva; D-Fullerton) Requires significantly greater wildfire protection for new home and community construction through the land use approval process within very high fire hazard severity zones. Based on three decades of experience, science, and an analysis of the State Fire Marshal’s Property Loss Data, the bill proposes to set more stringent requirements based on size of the project. Support.

Senate Appropriations 6/21/22


Blocks Consumer Credit Reports for Rentals. SB 1335 (Eggman; D-Stockton) Prohibits a rental property owner from requiring a consumer credit report as part of the application process for a rental housing accommodation in instances where there is a government rent subsidy. In doing so, the bill hurts rental property owners and their ability to determine a tenant’s ability to pay, as well as complicating the application process for tenant applicants as rental property owners look for other ways to verify a tenant. Oppose.

Assembly Housing and Community Development 6/2/22; Failed Deadline


Codifies Building Codes. AB 1710 (Lee; D-San Jose) Proposes to codify building standards pertaining to residential and outdoor LED fixtures thereby changing longstanding policies to address these types of issues relating to maintaining occupant safety at night with the Department of Housing and Community Development (HCD). Oppose.

Assembly Print 1/26/22; Failed Deadline


Rent Control. AB 2050 (Lee; D-San Jose) Upends the Ellis Act and creates a host of challenges for existing and new property owners — families and tenants alike — by forcing rental property owners to stay in business even when they no longer can afford to do so and interferes with new owner’s desire to live in their own purchased property. Oppose.

Assembly Inactive File 6/2/22


Prohibits Background Checks on Rental Units. AB 2203 (L. Rivas; D-Arleta) Prohibits a rental property owner from requiring a consumer credit report as part of the application process for a rental housing accommodation in instances where there is a government rent subsidy. Oppose.

Assembly Inactive File 5/26/22


Rental Registry in California. AB 2469 (Wicks; D-Oakland) Requires the state to develop and administer a rental registry online portal and for cities and counties to collect onerous information from rental property owners to post in the portal. Will do nothing to help solve our housing affordability crisis and cost state and taxpayers millions of dollars to administer an expensive new public website and program. Oppose.

Assembly Housing and Community Development 3/10/22; Failed Deadline

Labor and Employment

Increased Overtime Requirement. AB 2932 (Low; D-Campbell) Significantly increases labor costs by imposing an overtime pay requirement after 32 hours and other requirements that are impossible to comply with, exposing employers to litigation under the Private Attorneys General Act (PAGA). Oppose/Job Killer.

Assembly Labor and Employment 3/24/22; Failed Deadline


Publication of Pay Data. SB 1162 (Limón; D-Goleta) Encourages litigation against employers based on the publication of broad, unreliable data collected by the state. Undermines employers’ ability to hire, imposes burdensome administrative and record keeping requirements, and subjects employers to a private right of action and penalties under the Private Attorneys General Act (PAGA). Oppose/Job Killer.

Assembly Appropriations 6/22/22


Unfair Denial of State Opportunities. AB 2095 (Kalra; D-San Jose) Places new onerous administrative burdens on employers by requiring annual reporting of wage and hour data and employee benefits on an employer’s entire United States workforce that will unfairly criticize employers for lawful conduct by publishing that data on the Labor and Workforce Development Agency’s website and using such data to rank employers and deny them state opportunities, and will subject employers to frivolous litigation and settlement demands. Oppose/Job Killer.

Assembly Appropriations Suspense File 4/27/22; Failed Deadline


Expansion of Duty to Accommodate Employees and Litigation Under FEHA. AB 2182 (Wicks; D-Oakland) Imposes new burdens on employers to accommodate any employee with family responsibilities, which will essentially include a new, uncapped protected leave for employees to request time off and exposes employers to costly litigation under the Fair Employment and Housing Act (FEHA) by asserting that any adverse employment action was in relation to the employee’s family responsibilities, rather than a violation of employment policies. Oppose/Job Killer.

Assembly Appropriations Suspense File 5/11/22; Failed Deadline


State of Emergency. SB 1044 (Durazo; D-Los Angeles) Allows employees to leave work or refuse to show up to work if employee feels unsafe regardless of existing health and safety standards or whether employer has provided health and safety protections and subjects employers to costly PAGA lawsuits if they dispute the employee’s decision or need to have another employee take over any job duties. Oppose/Job Killer.

Assembly Appropriations 6/27/22


Forced Unionization Process for Agricultural Employees. AB 2183 (Stone; D-Scotts Valley) Limits an employee’s ability to independently and privately vote for unionization in the workplace, by essentially eliminating a secret ballot election and replacing it with the submission of representation cards signed by over 50% of the employees, which leaves employees susceptible to coercion and manipulation by labor organizations. Also, unfairly limits an employer’s ability to challenge the cards submitted by forcing employers to post an unreasonable bond, and then limits an employee’s ability to decertify a union, by forcing them to go through the ballot election process instead of submission of representation cards. Also includes an unnecessary presumption of retaliation that is effectively unlimited in scope because it would apply for the duration of an election campaign, which could last for a year or more. Oppose/Job Killer.

Senate Appropriations 6/28/22


Fast Food Industry: Franchises; Wage and Hour. AB 257 (Holden; D-Pasadena) Undermines the existence of the franchise model by holding franchisors responsible for all conduct by individual franchisees. Establishes Fast Food Sector Council that would have unprecedented authority to write its own labor and employment laws for fast food restaurant employees, circumventing the California Legislature and other regulatory agencies’ position in establishing such laws. Oppose.

Senate Appropriations 6/28/22


Exclusivity Options. AB 2926 (Kalra; D-San Jose) Retroactively prohibits use of exclusivity options in any industry, to the detriment of many workers, and undermines collective bargaining in the music and film industries. Oppose.

Assembly Arts, Entertainment, Sports, Tourism and Internet Media 3/31/22; Failed Deadline


Exclusivity Options. AB 983 (Kalra; D-San Jose) Changes the rules for recording agreements in our state, undermines the freedom to contract, and jeopardizes California’s music industry. Oppose.

Senate Judiciary 6/23/22; Failed Deadline


Exclusivity Options. AB 437 (Kalra; D-San Jose) Prohibits use of exclusivity clauses in acting contracts, which undermines collective bargaining in the film industry and will result in lower value contracts and job loss. Oppose.

Senate Appropriations 6/29/22


COVID-19 Vaccination Requirements. AB 1993 (Wicks; D-Oakland) Mandates employers to ensure all employees and independent contractors are vaccinated against COVID-19. Watch.

Assembly Labor and Employment 2/10/22; Failed Deadline


Call Centers. AB 1601 (Weber; D-San Diego) Improperly seeks to penalize California companies who move their call centers out of the country. Oppose.

Senate Appropriations 6/28/22


Background Checks. SB 1262 (Bradford; D-Gardena) Preserves access to work by removing roadblocks to timely completion of employment background checks. Support.

Assembly Appropriations 6/28/22


Flexible Workweek. AB 1761 (Voepel; R-Santee) Allows for an employee-selected flexible work schedule and relieves employers of the administrative cost and burden of adopting an alternative workweek schedule per division, which accommodates employees, helps retain employees, and allows the employer to invest these savings into growing its workforce. Support.

Assembly Labor and Employment 2/10/22; Failed Deadline


Disability Access: Funding. AB 2164 (Lee; D-San Jose) Benefits small businesses and consumers by providing funding to small businesses to ensure their properties are accessible. Support.

Senate Appropriations 6/28/22


Child Care. AB 1649 (Quirk-Silva; D-Fullerton) Increases access to child care by permanently extending a policy that ensures subsidized childcare providers are paid a guaranteed rate for their services. Support.

Assembly Appropriations Suspense File 4/6/22; Failed Deadline

Legal Reform and Protection

Disclosure of Trade Secrets, Increased Litigation, and Outlawing Settlement Practices. SB 1149 (Leyva; D-Chino) Rewrites longstanding use of protective orders in lawsuits, as well as outlawing non-disclosure agreements as part of settlements based on vague terminology. Will force companies to settle early so as to avoid public release of broad documents sought in discovery, as well as overwhelm California courts with unprecedented discovery fights as companies seek to protect their trade secrets. Oppose.

Assembly Floor 6/16/22


Revival of Long-Expired Civil Claims. AB 2777 (Wicks; D-Oakland) Allows plaintiffs to file civil claims related to sexual harassment or assault in 2023 no matter how old the claim. Will lead to businesses facing lawsuits without the ability to produce contrary evidence because such evidence has disappeared and memories have faded in the interceding years. Oppose.

Senate Appropriations Suspense File 6/27/22


Limiting Use of Liens by Creditors and Drastically Reducing Interest Rates on Liens. SB 1200 (Skinner; D-Berkeley) Rewrites existing law regarding judgment liens, including cutting interest on unpaid judgment liens from 10% to 3%, hurting both public and private entities who rely on liens to collect unpaid debts. Oppose.

Assembly Floor 6/30/22


Massive Reduction in Ability to Collect on Debts via Wage Garnishment. SB 1477 (Wieckowski; D-Fremont) Rewrites California’s already-protective wage garnishment formula, delaying ability of state to compel payments to businesses, victims of crimes, co-parents owed child care, and others owed money. Oppose.

Assembly Floor 6/15/22


Regulatory Oversight. AB 2893 (Daly; D-Anaheim) Improves the Standardized Regulatory Impact Analysis (SRIA) process by ensuring the covered agency incorporates feedback from the Department of Finance. Support.

Senate Appropriations 6/28/22


Certified Access Specialist Grant Program. AB 2829 (Low; D-Campbell) Assists small businesses in receiving disability access inspections, which help minimize Americans with Disabilities Act (ADA) lawsuits and related disability access liability. Support.

Assembly Appropriations Suspense File 5/11/22


Changes to Unfair Competition Law. AB 2766 (Maienschein; D-San Diego) Previously provided relatively unchecked new authority for city attorneys to enforce statute presently reserved for district attorneys and Attorney General. With amendments, limitations were placed on use of power by city attorneys. Neutral.

Senate Floor 6/21/22

Marijuana/Cannabis

Increases Cannabis Fees. SB 1097 (Pan; D-Sacramento) Requires cannabis producers to create duplicative and unnecessary labels and inserts on products that will also lead to higher fees for both producers and consumers. Oppose.

Assembly Appropriations 6/21/22

Privacy and Cybersecurity

Workplace Technology. AB 1651 (Kalra; D-San Jose) Imposes overbroad, unworkable mandates on employers of all sizes, including public entities and tribal communities, that would reduce worker privacy, chill the development of new technologies, and wipe out small businesses for even a good faith mistake due to its excessively punitive enforcement mechanisms. Oppose.

Assembly Privacy and Consumer Protection 4/21/22; Failed Deadline


New Private Right of Action for Biometric Information. SB 1189 (Wieckowski; D-Fremont) Creates legal liability for businesses large and small, potentially in the millions to tens of millions of dollars, while not providing any exceptions, such as for the use of biometric data for safety, security, or other reasonable purposes. Also imposes new, untenable restrictions on the use and disclosure of biometric information in a thinly veiled attempt to undermine the California Privacy Rights Act (CPRA) limited private right of action for data breaches. Oppose.

Senate Appropriations Suspense File 4/25/22; Failed Deadline


Student Test Taker Privacy Protection Act. SB 1172 (Pan; D-Sacramento) As amended, adds a new provision to the Business and Professions Code to prohibit a business providing proctoring services in an educational setting from collecting, retaining, using, or disclosing personal information except to the extent strictly necessary to provide those proctoring services and in other specified circumstances. Enforceable per existing law, Business and Professions Code Section 17200. Opposition removed after June 29, 2022 amendments. Neutral.

Assembly Appropriations 6/28/22


Age-Appropriate Design Code. AB 2273 (Wicks; D-Oakland) Creates overinclusive and difficult to interpret/implement standard for designing online services, products or features for young people by importing requirements used in United Kingdom without the guidance UK regulators make available to companies. Provides fewer opportunities to fix mistakes and a more aggressive approach to fines and penalties than the UK model. Uses subjective standard for the children to be protected rather than a well-established federal standard under the Children’s Online Privacy Protection Act (COPPA). Oppose Unless Amended.

Senate Appropriations 6/29/22


Social Media Platform Duty to Children Act. AB 2408 (Cunningham; R-San Luis Obispo) Prohibits a social media platform, as defined, from using a design, feature, or affordance that the platform knew, or by the exercise of reasonable care should have known, causes a child user, as defined, to become addicted to the platform. Authorizes the Attorney General or a district attorney, county counsel, or city attorney to bring an action to recover or obtain certain relief, including a civil penalty of up to $250,000 for a knowing and willful violation, and an award of litigation costs and attorneys’ fees. Provides specified “safe harbors” wherein a social media platform would not be subject to a civil penalty. Oppose.

Senate Appropriations 6/29/22


Unnecessarily Expands Scope of Data Broker Registry. SB 1059 (Becker; D-Menlo Park) Undermines purpose and efficacy of existing Data Broker Registry with overly broad expansion of the definition of “data broker” that makes it harder for consumers to identify third-party entities selling their information. Requires businesses registered on the Registry to disclose information about any data breach they have experienced without defining clearly what makes a breach worthy of disclosure. Creates potential for consumer confusion and frustration by requiring covered entities to provide information already readily available to consumers in the entities’ privacy policies. Transfers responsibility for the Registry to the new California Privacy Protection Agency, thus risking further delay in the rules businesses need to implement the California Privacy Rights Act. Oppose.

Senate Appropriations Suspense File 5/16/22; Failed Deadline


Mandatory Content Moderation Reporting and Auditing. AB 587 (Gabriel; D-San Fernando Valley) Requires all social media companies to make detailed disclosures on a quarterly basis detailing content moderation practices and procedures, including details that could threaten the security and efficacy of content moderation practices currently in place. Oppose Unless Amended.

Senate Appropriations 6/29/22


Restrictions on Smart Speakers. AB 1262 (Cunningham; R-San Luis Obispo) Creates an outright prohibition on the use of information from smart speakers for advertising. Creates an opt-in requirement for smart speakers and places limitations on how voice data can be used by smart speakers, all while requiring smart speakers to continue functioning. Oppose.

Senate Appropriations 1/12/22


New Authority without Safeguards. AB 2826 (Muratsuchi; D-Torrance) Grants sweeping new powers to the California Department of Technology, requiring companies to turn over data and information to loosely defined “qualified researchers” under terms dictated by the department without ensuring adequate protections of privacy for consumers or companies, including sensitive company information and intellectual property. Oppose.

Assembly Privacy and Consumer Protection 3/24/22; Failed Deadline


Cyberbullying. AB 2879 (Low; D-Campbell) Requires social media platforms, as defined and subject to specified exceptions, to disclose all “cyberbullying,” reporting procedures in the social media platform’s terms of service and requiring a social media platform to establish a mechanism within its internet-based service that allows an individual to report cyberbullying or any content that violates the existing terms of service. Delayed enactment of penalties. Starting September 1, 2023, intentional violations are subject to specified civil penalties or injunction, to be prosecuted in a court of competent jurisdiction by the Attorney General. Specifies that its provisions shall not be deemed to create a private right of action or limit any existing private right of action. Opposition removed after June 21, 2022 amendments. Neutral.

Senate Appropriations 6/29/22


In-Vehicle Cameras. SB 346 (Wieckowski; D-Fremont) Requires manufacturers of cars with in-vehicle cameras to make certain disclosures, prohibits the sale/lease of new cars without a specified and prominent disclosure. Prohibits any images or video recordings collected through the operation of an in-vehicle camera from being used for any advertising purpose or being sold to third parties and significantly limits the sharing of such recording with third parties. Raises concerns with the removal of consumer choice/control over the use of their data; creates overly restrictive prohibitions against sharing data; fails to differentiate between identifiable and non-identifiable images and recordings; and undermines and complicates compliance with the Consumer Privacy Rights Act by establishing industry- and technology-specific privacy standards. Oppose.

Assembly Appropriations 6/21/22


Platform Accountability and Transparency Act. SB 1018 (Pan; D-Sacramento) Requires social media platforms to disclose statistics regarding the extent to which, in the prior 12-month period, items of content that the platform determined violated its policies were recommended or amplified by its algorithms, not only after a violation of their terms of service was identified, but before. Specifies that this does not require companies to disclose granular details about content on their platform, as well as require the disclosure of sensitive company information and intellectual property. Subject to sole enforcement by the Attorney General, for civil penalties of up to $100,000. Oppose Unless Amended.

Assembly Appropriations 6/28/22

Procurement

Overbroad Burden on Procurement. AB 1979 (Kalra; D-San Jose) Requires any companies submitting bids for state procurement contracts involving a range of common goods, including wood, rubber, paper, and others, to adopt new internal policies regarding sourcing of materials for all contracts, not just state-related contracts, and provide potentially proprietary information regarding their supply chain to the state as part of the application process. Oppose.

Assembly Accountability and Administrative Review 2/18/22; Failed Deadline


Equity in State Procurement. AB 2019 (Petrie-Norris; D-Laguna Beach) Promotes equity and inclusion in the state’s public contracting process by ensuring consideration for disadvantaged business enterprises. Support.

Senate Appropriations 6/27/22

Recycling

Circular Economy and Recycling. SB 54 (Allen; D-Santa Monica) Creates the first Extended Producer Responsibility program in California for single-use packaging in order to create a circular economy that significantly increases recycling, reduces superfluous packaging, and mitigates any environmental impacts associated with improper disposal or recycling of single-use plastic packaging. No Position.

Signed—Chapter 54 6/30/22


Bans Packaging. AB 2206 (Friedman; D-Glendale) Bans critically important ecommerce packaging without adequate substitutes that will lead to more broken products, more greenhouse gas emissions and worse supply chain constraints. Oppose Unless Amended.

Senate Appropriations 6/28/22

Regulatory Reform

Regulatory Reform. AB 1996 (Cooley; D-Rancho Cordova) Requires regulatory agencies to identify outdated, duplicative, or unnecessary regulations and revise those regulations. Support.

Assembly Appropriations Suspense File 4/27/22; Failed Deadline

Taxation

Targeted Tax on Certain Home Sellers. AB 1771 (Ward; D-San Diego) Seeks to impose a tax — in addition to the capital gains tax — of 25% on the profits from a home resold within three years after it is purchased. The tax rate is reduced on a sliding scale for seven years thereafter. This will worsen housing unaffordability and constrain the already-limited housing supply. Oppose/Job Killer.

Assembly Revenue and Taxation 3/3/22


Wealth Tax. AB 2289 (Lee; D-San Jose) Seeks to impose a massive tax increase upon all forms of personal property or wealth despite California already having the highest income tax in the country. This tax increase will drive high-income earners and job creators out of the State as well as the revenue they contribute to the General Fund. Oppose/Job Killer.

Assembly Revenue and Taxation 3/3/22


Wealth Tax. ACA 8 (Lee; D-San Jose) Seeks to impose a massive tax increase upon all forms of personal property or wealth despite California already having the highest income tax in the country. This tax increase will drive high-income earners and job creators out of the State as well as the revenue they contribute to the General Fund. Oppose/Job Killer.

Assembly Revenue and Taxation 4/7/22


The Small Business Recovery Act. AB 820 (Cooley; D-Rancho Cordova) Proposes to incentivize California banks to provide loans to small businesses adversely impacted by the COVID-19 pandemic. Support.

Assembly Appropriations 1/10/22; Failed Deadline


Business Rent Relief. AB 1146 (Cervantes; D-Corona). Establishes the California Rent Forgiveness and Tax Relief Program for the purpose of providing grants to qualified counties to implement local rent forgiveness and tax relief programs. Support.

Assembly Appropriations 1/10/22; Failed Deadline


California New Markets Tax Credit Program. AB 1572 (Committee on Jobs, Economic Development and the Economy) Would be administered by the Governor’s Office of Business and Economic Development and offer a new economic development tool for supporting inclusive business growth within the state. Support.

Assembly Appropriations 1/10/22; Failed Deadline


Charging Station Tax Credit. AB 1873 (Boerner Horvath; D-Encinitas) Incentivizes the installation of, and provides greater access to, electric vehicle (EV) charging stations by offering a tax credit for up to 40% of the qualified costs for the installation of Level 2 EV charging stations, direct current fast chargers (DCFC), or both, in covered multifamily dwellings. Support.

Assembly Revenue and Taxation 2/18/22


COVID-19 Supplemental Paid Sick Leave Tax Credit. AB 1890 (Choi; R-Irvine) Creates a tax credit equal to the amount an employer pays in COVID-19 supplemental paid sick leave benefits to help offset the cost of COVID-19 paid sick leave mandated by the state. Support.

Assembly Revenue and Taxation 3/10/22; Failed Deadline


COVID Sick Leave Tax Credit. AB 1920 (M. Fong; D-Monterey Park) Offers California’s employers — both private and nonprofit — a tax credit to offset the state-mandated COVID-19 supplemental paid sick leave (SPSL) that was recently signed into law. Support.

Assembly Revenue and Taxation 3/24/22


Manufacturing Tax Credit Expansion. AB 1951 (Grayson; D-Concord) Expands investment and production in California by expanding the sales and use tax exemption for the purchase of manufacturing and research and development (R&D) equipment. Support.

Senate Appropriations 6/29/22


California New Employment Credit. AB 2035 (Villapudua; D-Stockton) Assists bars and restaurants financially recover by permitting a taxpayer that is primarily engaged in food services to claim the New Employment Tax Credit. Support.

Assembly Revenue and Taxation 2/24/22


Net Operating Loss Deduction Carryback. AB 2065 (B. Rubio; D-Baldwin Park) Fosters economic growth by authorizing a net operating loss carryback for businesses that completed a substantial sale of fixed assets or other property during taxable years beginning January 1, 2020, but before January 1, 2022. Support.

Assembly Revenue and Taxation 2/24/22; Failed Deadline


Intermodal Equipment Manufacturing Tax Credit. AB 2227 (O’Donnell; D-Long Beach) Helps ease port congestion by establishing a 6% tax credit on the amount paid for machinery and equipment used by companies that manufacture intermodal equipment and components in California, up to $5 million. Support.

Assembly Revenue and Taxation 2/24/22


California Export Tax Credits. AB 2270 (Villapudua; D-Stockton) Provides tax relief and incentives to California exporters by offering tax credits based on breakbulk tonnage and hired export equipment moved. Support.

Assembly Appropriations Suspense File 5/18/22


Decarbonizing Fuels Incentive. AB 2797 (Petrie-Norris; D-Laguna Beach) Incentivizes investments in the production of low carbon and carbon negative transportation fuels by offering incentive payments based on the carbon intensity of a transportation fuel, multiplied by the equivalent amount of diesel gallons or gasoline gallons of a qualified liquid or gaseous transportation fuel sold during the year. Support.

Assembly Appropriations Suspense File 5/11/22; Failed Deadline


Dependent Care Tax Credit. AB 2803 (Valladares; R-Santa Clarita) Provides California’s businesses with a tax credit for contributions they make on behalf of their employees for childcare services. Support.

Assembly Revenue and Taxation 3/31/22


Community Development Tax Credit Program. AB 2950 (Gray; D-Merced) Facilitates and assists with California’s economic recovery and propagates business development in struggling communities by establishing the Community Development Tax Credit Program. Support.

Assembly Appropriations Suspense File 5/18/22


Extension of Film Tax Credits. SB 485 (Portantino; D-La Cañada Flintridge) Extends California’s current tax credit for motion picture and television productions, continuing the success of this tax credit, which has brought more film and television production jobs to this state and has increased business to California companies that supply productions with goods and services. Support.

Assembly Appropriations 6/30/22


Special Tax Authority Expansion. SB 852 (Dodd; D-Napa) Allows a climate resiliency district, which is a kind of Enhanced Infrastructure Financing District (EIFD), to levy taxes due to a new and expanded special tax authority which exceeds current EIFD law. Oppose Unless Amended.

Assembly Appropriations 6/27/22


Space Flight Tax Credit. SB 862 (Umberg; D-Santa Ana) Extends the sunset on tax exemptions for property used in space flight. Also expands on the current property tax exemptions that were outlined in AB 777 (2014) and allows California’s aerospace industry to continue to play a vital role for our economy and workforce. Support.

Senate Appropriations Suspense File 5/16/22


Fossil Fuel Investment Surcharge. SB 1301 (Becker; D-Menlo Park) Before amendments, arbitrarily raised taxes on companies that invest in fossil fuel businesses based upon the financing amount. This added another layer of expenses onto the fossil fuel industry that would have significantly increased the costs of doing business, thereby increasing prices paid by consumers for goods and services in California. Opposition and job killer tag removed due to April 28, 2022 amendments creating a tax credit equal to 10% of the manufacturing costs associated with clean energy products, thus incentivizing investment in green energy and allowing private sector to work toward state goal of net zero emissions. CalChamber now supports the bill. Support/Former Job Killer.

Assembly Revenue and Taxation 6/2/22


Work Opportunity Tax Credit. SB 1349 (Caballero; D-Salinas) Establishes a Work Opportunity Tax Credit (WOTC) available to California employers for hiring individuals from targeted groups who have consistently faced significant barriers to employment. Support.

Assembly Appropriations 6/30/22


Litigation Incentive. SB 1377 (Newman; D-Fullerton) Encourages litigation by creating a tax deduction for payments of attorneys’ fees and court costs under 18 different federal and state consumer protection statutes. Oppose.

Assembly Appropriations 6/30/22

Telecommunications

Streamline Broadband Deployment. SB 717 (Dodd; D-Napa) Requires the state Department of Technology to create a report identifying obstacles to, opportunities for and investment in broadband access points. This will allow for a more rapid deployment of broadband infrastructure throughout the state. Support.

Assembly Appropriations 6/27/22


Consumer Warranties. SB 983 (Eggman; D-Stockton) Forces manufacturers of devices and equipment to treat any alleged repair attempt the same as the manufacturer or authorized retailer. Allows proprietary equipment and trade secrets to be shared with the public. Oppose.

Senate Appropriations Suspense File 5/2/22; Failed Deadline

Transportation and Infrastructure

Street Harassment Prevention and Education. AB 2549 (Bonta; D-Alameda) Helps provide a comprehensive education strategy with the goal of reducing street harassment — particularly of women. Street harassment leaves California’s residents and businesses feeling unsafe and a recent study disclosed that more than 70% of women have to endure this type of harassment. Support.

Assembly Appropriations Suspense File 5/11/22; Failed Deadline


Reducing Harassment of Women on Public Transit. SB 1161 (Min; D-Irvine) Requires the leading transportation agencies to gather data on the prevalence of harassment of women on their vehicles and in their stations. It also compels them to create data-driven plans to help limit this type of harassment that women endure each and every day in the future. Support.

Assembly Appropriations 6/28/22


Autonomous Vehicle Expansion. SB 1258 (Allen; D-Santa Monica) Helps incentivize the expansion of autonomous vehicles in California by allowing them to apply for grant funding from the Clean Transportation Program and expand the infrastructure necessary for these vehicles to meet the state’s mandate of being electric by 2030. Support.

Assembly Appropriations 6/28/22

Unemployment Insurance

Aid for Unemployment Insurance Tax Fund and Business Taxes. AB 2570 (Daly; D-Anaheim) Appropriates $7.25 billion to the state’s UI Fund to help reduce the fund’s insolvency, reducing future taxes on employers and state debts in coming years. Support.

Assembly Appropriations Suspense File 5/4/22


Work Sharing Plans. AB 1854 (Boerner Horvath; D-Encinitas) Extends availability of workshare programs to allow employers the option of taking advantage of program when attempting to reduce workforce while minimizing salary loss for employees. Support.

Signed


Self-Employed Individuals. SB 1138 (Allen; D-Santa Monica) Originally sought to provide unemployment insurance to self-employed individuals without any funding stream, effectively charging unrelated employers for self-employed individuals’ benefits. Opposition removed after amendments to provide for a study by Employment Development Department of the issues surrounding self-employed individuals. Neutral.

Assembly Appropriations 6/22/22

Water Supply and Quality

Groundwater. AB 2201 (Bennett; D-Ventura) Adds new regulatory layer to groundwater well permitting processes, even in sustainable basins. Increases costs and liability risks associated with well permitting. Oppose.

Senate Appropriations 6/29/22


New Water Quality Permit Requirement. AB 2106 (R. Rivas; D-Hollister) Imposes new permitting requirements on stormwater discharges from commercial and institutional facilities that may expose permittees to citizen lawsuits. Constrains State Water Board discretion in addressing stormwater that may have unintended consequences on regulated entities. Oppose.

Senate Appropriations 6/29/22


Water Quality Regulation. AB 2108 (R. Rivas; D-Hollister) Imposes unnecessary requirements on the composition of State and Regional Water Boards. Injects burdensome analyses and mitigation requirements for State and Regional Water Board decisions on water quality planning and permitting decisions. Oppose Unless Amended.

Senate Appropriations 6/28/22


Water Rights Permits. SB 1205 (Allen; D-Santa Monica) Requires development of standardized methods for determining water availability for those seeking water rights permits. Support If Amended.

Assembly Appropriations 6/28/22


Desalination Study. AB 2016 (Bauer-Kahan; D-Orinda) Requires the state to conduct a study into the feasibility of desalination as part of California’s water supply, including its ability to combat drought and develop jobs. Support.

Senate Appropriations 6/20/22


Reservoir Operations. AB 2078 (Flora; R-Ripon) Ensures continued study and improvements to predicting atmospheric rivers and forecast-informed reservoir operations to better capture water during storm events for storage and flood risk reduction. Support.

Assembly Appropriations Suspense File 4/27/22; Failed Deadline


Water Quality Certifications. AB 2605 (Villapudua; D-Stockton) Streamlines the process for new development to receive a required water quality certification by setting forth deadlines by which water boards must act on applications. Provides certainty by requiring water boards to identify any deficiencies in applications that are denied. Support.

Assembly Environmental Safety and Toxic Materials 3/10/22; Failed Deadline


Bay-Delta Water Plan Update. AB 2639 (Quirk; D-Hayward) Requires update and implementation of Bay-Delta water quality and flow plan by certain date. Prohibits issuance of new water rights or extensions of water rights that include new diversions within the Delta watershed until implementation is complete. Oppose Unless Amended.

Assembly Floor 5/19/22; Failed Deadline

Workers’ Compensation

Expands Costly Presumption of Injury. SB 213 (Cortese; D-San Jose) Significantly increases workers’ compensation costs for public and private hospitals by presuming certain diseases and injuries are caused by the workplace and establishes an extremely concerning precedent for expanding presumptions into the private sector. Oppose/Job Killer.

Assembly Insurance 5/5/22; Failed Deadline


Review of Claims. SB 1127 (Atkins; D-San Diego) Fundamentally alters longstanding rules and timeframes related to investigation of eligibility of workers’ compensation claims such that it substantially reduces the time an employer has to investigate a claim. Significantly increases mandatory penalties that will be leveraged to increase litigation costs. Oppose.

Assembly Appropriations 6/22/22


Presumption of Discrimination. SB 1458 (Limón; D-Goleta) Automatically increases benefits for all members of one gender based on a presumption that they are being discriminated against by the same amount based on misleading, or unrelated data, and likely violates both the federal and state constitutions. Oppose.

Senate Appropriations Suspense File 5/9/22; Failed Deadline


Independent Bill Review. AB 399 (Salas; D-Bakersfield) Recent amendments make problematic changes to the Independent Bill Review (IBR) system in workers’ compensation that will increase frictional costs and encourage abuse of IBR. Oppose.

Senate Labor, Public Employment and Retirement 5/4/22; Failed Deadline


Contractors. AB 2614 (Rodriguez; D-Pomona) Imposes significant cost on the workers’ compensation system by requiring employers to obtain duplicative policies that cover non-employees, regardless of whether those workers are already covered by a workers’ compensation policy. Neutral.

Senate Appropriations Suspense File 6/27/22

Workplace Safety

Workplace Marijuana Testing. AB 2188 (Quirk; D-Hayward) Requires saliva (or other non-metabolite) testing be used when conducting marijuana testing in pre-employment or workplace settings, along with prohibiting discrimination based on marijuana usage. Job killer status removed due to June 30, 2022 amendments which, among other provisions, protected pre-employment testing and handled federal/state conformity issues surrounding marijuana’s legality. Oppose/Former Job Killer.

Senate Appropriations 6/30/22


Cal/OSHA Regulatory Suggestions. AB 2243 (E. Garcia; D-Coachella) Suggests Cal/OSHA consider various updates to the Wildfire Smoke Regulation and Heat Illness Prevention in Outdoor Places of Employment regulations, but does not compel action. Previously included duplicative and ambiguous provisions, as well as compelling Cal/OSHA to approve the listed changes. Due to significant amendments limiting its scope and making such changes optional, opposition removed. Neutral.

Senate Appropriations 6/29/22


Extends COVID-19 Emergency Notice Precautions until December 2024. AB 2693 (Reyes; D-San Bernardino) Extends 2020’s emergency-level COVID-19 notice precautions for two years, despite massive changes to vaccination, hospital occupancy, and drug treatments since 2020. Oppose.

Senate Floor 6/28/22


Access to Non-Public Restrooms for Certain Health Conditions. AB 1632 (Weber; D-San Diego) Goes far beyond comparable laws in other states to allow individuals with certain health conditions to have access to non-public restrooms in virtually all businesses based on vague standards. Oppose.

Senate Appropriations 6/30/22

CalChamber
CalChamber
The California Chamber of Commerce is the largest, broad-based business advocate to government in California, working at the state and federal levels to influence government actions affecting all California business. As a not-for-profit, we leverage our front-line knowledge of laws and regulations to provide affordable and easy-to-use compliance products and services.

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