Saturday, November 26, 2022

Governor Completes Action on Priority Business Bills

Last Friday, Governor Gavin Newsom completed action on bills sent to him by the Legislature, including priority bills for the California Chamber of Commerce.

Just two job killers reached the Governor for action, and he signed both — SB 1137 (Lena Gonzalez; D-Long Beach), dealing with setback requirements for oil and gas extraction sites; and AB 2183 (Stone; D-Scotts Valley), establishing a card check process for unionizing agricultural employees.

The Governor also vetoed many CalChamber-opposed bills. In some cases, his veto messages echoed concerns expressed by the CalChamber. In addition, many CalChamber-supported bills were signed into law.

Following are some highlights of the Governor’s actions on priority business bills. For a full list and to see what happened to legislation where amendments removed CalChamber opposition, see the Final Status Report listing inside this edition.

Opposed Bills Vetoed

AB 2106 (R. Rivas; D-Hollister) would have established new water quality permit requirements on stormwater discharges from commercial and institutional facilities that may have exposed permittees to citizen lawsuits. The bill’s constraints on State Water Board discretion in addressing stormwater may have had unintended consequences on regulated entities.

The Governor’s veto message pointed out, as the CalChamber did, that the water board has existing authority to set priorities, make findings and determine the necessity of new stormwater regulations. Citing the bill’s potential to result in significant new costs or ongoing General Fund support, the Governor said changes to stormwater management are best addressed in the budget process. In a theme repeated in other veto messages, the Governor noted that the state is facing lower-than-expected revenues over the first few months of the fiscal year and called for remaining disciplined when it comes to spending.

AB 2784 (Ting; D-San Francisco) would have set out unreasonable timelines and percentages for thermoform plastic containers to achieve recycled plastic goals while also requiring producers to pay arbitrary and excessive fees. In opposing AB 2784, the CalChamber and a coalition of business and industry groups pointed out AB 2784’s overlap with the circular economy and recycling compromise bill signed earlier in the year, SB 54 (Allen; D-Santa Monica).

In his veto message, the Governor also expressed concern that AB 2784 would have imposed confusing requirements in conflict with some of SB 54’s key provisions, unfairly resulting in duplicative fees and penalties for the same material. Like the coalition, the Governor pointed out that SB 54 was designed to create a comprehensive regulatory framework for all recycled materials instead of piecemeal approaches for individual products.

“We should allow CalRecycle to begin its work to implement the reforms required by SB 54 before contemplating any new recycling requirements for individual materials,” the Governor said.

AB 1262 (Cunningham; R-San Luis Obispo) would have established significant prohibitions on the use of information from smart speakers, including sharing, selling or using that information for advertising. It also would have created an opt-in requirement for smart speakers and placed limitations on how voice data could be used by manufacturers, all while requiring smart speakers to continue functioning.

Like the CalChamber and coalition opposing AB 1262, the Governor’s veto message noted that the opt-in provisions of AB 1262 could create confusion for consumers who would be required to take an extra step to use their own devices and services as intended. The Governor also echoed opponents’ concern that the bill’s language could inhibit development of improved voice recognition technologies and assistive devices.

SB 346 (Wieckowski; D-Fremont), by placing restrictions on in-vehicle cameras, would have significantly hindered the ability of automakers and other technology providers to provide safety technology to consumers.

The Governor’s veto message noted that SB 346 contains broad language that could unintentionally prohibit a vehicle manufacturer from updating or improving critical technology.

He cited the importance of “balanced policies that protect consumers and their privacy without inadvertently impeding our ability to innovate and improve new technologies — especially when a technology has the potential to save lives.”

Cumulative Job Killer Vetoes

• 2022: 19 Job Killer bills identified, 2 sent to Governor Gavin Newsom, 2 signed;

• 2021: 25 Job Killer bills identified, 2 sent to Governor Newsom, 1 signed, 1 vetoed;

• 2020: 19 Job Killer bills identified, 2 sent to Governor Newsom, 1 signed, 1 vetoed;

• 2019: 31 Job Killer bills identified, 2 sent to Governor Newsom, 1 signed, 1 vetoed;

• 2018: 29 Job Killer bills identified, 1 sent to Governor Edmund G. Brown Jr., 1 vetoed;

• 2017: 27 Job Killer bills identified, 3 sent to Governor Brown, 2 signed, 1 vetoed;

• 2016: 24 Job Killer bills identified, 5 sent to Governor Brown, 4 signed, 1 vetoed;

• 2015: 19 Job Killer bills identified, 3 sent to Governor Brown, 1 signed, 2 vetoed;

• 2014: 27 Job Killer bills identified, 2 sent to Governor Brown, 2 signed;

• 2013: 38 Job Killer bills identified, 1 sent to Governor Brown, 1 signed;

• 2012: 32 Job Killer bills identified, 6 sent to Governor Brown, 4 signed, 2 vetoed;

• 2011: 30 Job Killer bills identified, 5 sent to Governor Brown, 1 signed, 4 vetoed;

• 2010: 43 Job Killer bills identified, 12 sent to Governor Arnold Schwarzenegger, 2 signed, 10 vetoed;

• 2009: 33 Job Killer bills identified, 6 sent to Governor Schwarzenegger, 6 vetoed;

• 2008: 39 Job Killer bills identified, 10 sent to Governor Schwarzenegger, 1 signed, 9 vetoed;

• 2007: 30 Job Killer bills identified, 12 sent to Governor Schwarzenegger, 12 vetoed;

• 2006: 40 Job Killer bills identified, 11 sent to Governor Schwarzenegger, 2 signed, 9 vetoed;

• 2005: 45 Job Killer bills identified, 8 sent to Governor Schwarzenegger, 1 signed, 7 vetoed;

• 2004: 23 Job Killer bills identified, 10 sent to Governor Schwarzenegger, 10 vetoed;

• 2003: 53 Job Killer bills identified, 13 sent to Governor Gray Davis, 11 signed, 2 vetoed;

• 2002: 35 Job Killer bills identified, 17 sent to Governor Davis, 12 signed, 5 vetoed;

• 2001: 12 Job Killer bills identified, 5 sent to Governor Davis, 3 signed, 2 vetoed;

• 2000: No Job Killers identified. Of 4 bad bills identified at end of session, Governor Davis signs 2 and vetoes 2;

• 1999: 30 Job Killer bills identified, 9 sent to Governor Davis, 6 signed, 3 vetoed;

• 1998: 64 Job Killer bills identified, 11 sent to Governor Pete Wilson, 11 vetoed;

• 1997: 57 Job Killer bills identified, 9 sent to Governor Wilson, 9 vetoed.

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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