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Legwatch 2009-10
| Corp. counsel (12 bills) Education (3 bills) Energy (27 bills) | Environmental qual. (20 bills) Labor, employment (13 bills) Safety & Health (1 bills) | Tax (31 bills) Worker's comp. (7 bills) |
2005-06 Legislative session bills are here
2003-04 Legislative session bills are here
| CORPORATE COUNSEL CMTA lobbyist: Greg Hines, (916) 498.3318 | Position | Status | |
| Civil Discovery Act AB 5 (Evans) Establishes procedures for a person to obtain discovery of electronically stored information in addition to documents, tangible things, and land or other property, in the possession of any other party to the action. This bill would permit discovery by means of copying, testing, or sampling, in addition to inspection of documents, tangible things, land or other property, or electronically stored information. Bill text at www.leginfo.ca.gov | Support | Senate Floor | |
| Greenhouse Gas Emissions – Consumer Product Labeling AB 19 (Ruskin) Enacts the Carbon Labeling Act of 2009 requiring the state board to develop and implement a program for the voluntary assessment, verification, and standardized labeling of the carbon footprint of consumer products sold in this state. Bill text at www.leginfo.ca.gov | Watch | Senate Committee on Rules | |
| Outdoor Advertising – Digital Displays AB 109 (Feuer) Prohibits an official highway chargeable message sign from being constructed as or converted, enhanced, improved, modified, modernized or altered into, a digital advertising display for commercial messages in addition to official traffic operations or public safety messages. (Failed Passage) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Governmental Organization | |
| Appeals – Class Action Certifications AB 298 (Tran) Existing law provides that an appeal is to the court of appeal, other than in a limited civil case, and specifies certain judgments and orders from which an appeal may be taken. This bill would add an order granting or denying class certification, as specified, to those judgments and orders from which an appeal may be taken. (Failed Passage) Bill text at www.leginfo.ca.gov | Support | Assembly Committee on Judiciary | |
| Intellectual Property Piracy AB 819 (Calderon) Establishes the Intellectual Property Piracy Prevention and Prosecution Program to fund grants for local law enforcement and district attorneys for purposes of preventing and prosecuting intellectual property piracy. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Rules | |
| Personal Information – Privacy SB 20 (Simitian) Requires any agency, person, or business that must issue a security breach notification pursuant to existing law to fulfill certain additional requirements. If the notification is to more than 500 California residents pursuant to existing law the bill also requires an electronic submittal of that security breach notification to the Attorney General. Bill text at www.leginfo.ca.gov | Watch | Assembly Committee on Judiciary | |
| Whistleblower Protection SB 220 (Yee) The California Whistleblower Protection Act authorizes a state employee or an applicant for state employment to file a complaint with the State Personnel Board alleging reprisal, retaliation, threats, coercion, or similar improper conduct prohibited under the act. This bill would in addition provide that the act applies to former employees, as specified, and prohibits retaliation in the form of decreasing the job responsibilities of an employee’s normal workload. Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Judiciary | |
| Attorney’s Fees SB 269 (Harman) Provides for the award of attorney’s fees pursuant to private attorney general actions only if a judgment is entered in favor of the successful party against one or more opposing parties in the action. (2-Year Bill) Bill text at www.leginfo.ca.gov | Support | Senate Committee on the Judiciary | |
| Pseudoephedrine Sales SB 484 (Wright) Seeks to address the illegal manufacture of methamphetamine by restricting access to a necessary ingredient for its manufacture – pseudoephedrine (PSE). Currently, retailers are required by law to restrict the quantity sold and to record information about purchasers of PSE in order to prevent illegal diversion to methamphetamine production. This bill would eliminate reasonable access to PSE in any over-the-counter sale and require a prescription to obtain it. Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| Tobacco Licenses SB 601 (Padilla) Prohibits the Board of Equalization from issuing a new cigarette and tobacco products license for a retail location within 600 feet of a school, unless public convenience or necessity would be served by the issuance. Also restricts the issuance of a new retail license to "traditional retail locations." Provisions of SB 601 have been amended into SB 603 (Padilla). Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Appropriations | |
| Retail Tobacco Sales Licenses SB 602 (Padilla) Repeals the current restrictions that limits the BOE enforcement actions against retail tobacco license holders, requires enforcement agencies to notify BOE of retailers' violations of underage sales laws, and strengthens penalties on retailers convicted of furnishing products to people under the age of 18. Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| Retail Tobacco Sales Licenses SB 603 (Padilla) Restricts new tobacco retail licenses for location in over-concentrated areas and within 600 feet of a public elementary or secondary school. Sets a renewal license fee at $100. Also requires the Department of Alcohol and Beverages and the Department of Public Health upon request of the BOE to provide them with information covering tobacco and control laws. Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| EDUCATION CMTA lobbyist: Dorothy Rothrock, (916) 498-3319 | Position | Status | |
| UC & CSU Acceptance of CTE Courses SB 147 (DeSaulnier) Requires the trustees of the California State University and strongly urges the regents of the University of California to recognize the completion of all high school career technical education courses that meet the model curriculum standards as satisfying the completion of a general elective course requirement for purposes of admission to that university. Bill text at www.leginfo.ca.gov | Support | Assembly Desk | |
| High School – Course of Study SB 381 (Wright) Prohibits a school district from adopting a graduation requirement for completion of additional coursework to meet or exceed the requirements and prerequisites for admission to the California public institutions of postsecondary education unless the district also adopts an alternative graduation requirement that requires the completion of an equal amount of coursework to attain entry-level employment skills in business or industry upon graduation from high school. Bill text at www.leginfo.ca.gov | Support | Assembly Committee on Education | |
| Energy Job Training SB 675 (Steinberg) Enacts the Clean Technology and Renewable Energy Job Training, Career Technical Education, and Dropout Prevention Act of 2010 and creates the same named Fund in the State Treasury. The bill provides that money in the fund would be available in the form of competitive grants to be administered by the State Allocation Board and awarded to qualifying entities for purposes of constructing new or reconfiguring old facilities to enhance educational opportunities for program participants, to provide them with the skills and knowledge necessary for careers directly related to clean technology, renewable energy, or energy efficiency that may also contribute to California’s goal in reducing greenhouse gas emissions. (2-Year Bill) Bill text at www.leginfo.ca.gov | Support if Amended | Senate Committee on Appropriations | |
| ENERGY CMTA lobbyist: Dorothy Rothrock, (916) 498-3319 | Position | Status | |
| Renewable Portfolio Standard AB 64 (Krekorian) Requires that utilities procure at least 33% of their total electricity needs from renewable energy resources by 2020. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| Biofuels AB 222 (Adams) Current law discourages development of waste conversion facilities in Calif. due to inaccurate definitions and discriminatory permitting rules. This will levels the playing field allowing good projects to go forward and encouraging new private investments. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Rules | |
| Climate Protection Trust Fund AB 231 (Huffman) Expands authority of CARB to impose fees on regulated industries for a “Climate Protection Trust Fund” for broad purposes beyond the costs of administering AB 32. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| Federal Energy Stimulus Allotment AB 262 (Bass) Requires any dollars received from the National Stimulus Package that are directed for energy activities be administered by the PUC, CEC and DWR, and that they adhere to existing state policies to promote energy efficiency, water conservation, the development and use of renewable energy resources, protect the environment, and provide green job training. Bill text at www.leginfo.ca.gov | Watch | Senate Committee on Rules | |
| Clean Energy Curriculum AB 380 (De La Torre) Uses ratepayer funds to develop curriculum, outreach, assistance, and potentially fund training for jobs in the clean energy industry. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Energy Rates AB 413 (Fuentes) Lifts the rate freeze on the first tiers of residential rates, allows gradual increase in rates, limits dynamic pricing for residential customers and requires equal cents per therm cost allocation for CARE subsidy costs. Bill text at www.leginfo.ca.gov | Oppose Unless Amended | Senate Committee on Rules | |
| Energy Efficiency AB 560 (Skinner) Requires all energy efficiency programs claiming to reduce GHG for compliance under AB 32 to meet AB 32 requirements. Bill text at www.leginfo.ca.gov | Watch | Senate Committee on Energy, Utlities & Communications | |
| AB 32 GHG – Regulation AB 1033 (Nielsen) Imposes economic impact analysis requirements on local and state agencies with regard to any regulation to reduce greenhouse gas emissions that would impose an aggregate cost of more than $1million. Also restricts regulations that are more stringent from being imposed before 8 years after a source has met an earlier requirement. (2-Year Bill) Bill text at www.leginfo.ca.gov | Watch | Assembly Committee on Natural Resources | |
| State Air Resources Board – Regulations AB 1085 (Mendoza) Requires CARB to provide methodologies, inputs, assumptions and other information used to develop a proposed regulation. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Rules | |
| Renewable Generation – Feed-in Tariffs AB 1106 (Fuentes) Requires feed-in tariffs be developed for renewable electric generation up to 20 MW for terms of 10, 15 or 20 years as an alternative to net metering. Bill text at www.leginfo.ca.gov | Watch | Senate Committee on Rules | |
| Cogeneration AB 1110 (Fuentes) Expands the definition of cogeneration to also include technologies that use thermal energy internally to increase overall electrical efficiency to not less than 40% high heat value. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Energy, Utlities & Communications | |
| Electric Utilities – Procurement AB 1348 (Blakeslee) Previously supported by CMTA, it improved the treatment of combined heat & power with regard to standby, departing load charges, and over the fence rules. Amended to require investor-owned electric utilities to submit fossil fuel procurement plans to the PUC. Bill text at www.leginfo.ca.gov | Watch | Senate Committee on Rules | |
| ARB Regulations AB 1395 (Torrico) Requires ARB to make public all changes to draft regulations proposed for adoption. Also requires the ARB to ensure that all public workshops for regulatory development and implementation be recorded made available for public review. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Environmental Quality | |
| AB32 Offsets AB 1404 (de Leon) Severely restricts the use of offsets for use in meeting emission reduction requirements in a cap and trade program under AB 32. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| AB 32 Community Benefits Fund AB 1405 (de Leon) Directs a percentage of revenues collected by CARB under their fee authority for use in a Community Benefits Trust Fund to achieve emission reductions in impacted communities and mitigate direct health impacts of climate change. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| AB 32 Economic Analysis & Delay ACR 14 (Niello) Asks CARB to perform an economic analysis on AB 32 before any regulatory action is taken on implementing AB 32 and asks the Governor to delay deadlines. (Failed Passage) Bill text at www.leginfo.ca.gov | Support | Assembly Committee on Natural Resources | |
| Renewable Energy SB 14 (Simitian) Increases RPS to 33% by 2020, eliminates the market price referent determination and the need to ensure funds are available to cover the above market costs of renewables, prohibits mandatory dynamic pricing for residential customers, requires recovery of CARE costs on equal cents per therm basis, authorizes the CPUC to raise residential rates for amounts under 130% of baseline by a graduated formula, requires legislative approval for expanding direct access. Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Utilities and Commerce | |
| Smart Grid Systems SB 17 (Padilla) Requires CPUC, CEC and Cal-ISO to determine the requirements for a smart grid deployment plan by July 2010. Each utility would submit a smart grid deployment plan by July 2011. Purposes of a smart grid include optimizing grid operations, integrating renewables, improving energy security, support demand response, improve customer price information and energy control, integrate advanced storage and peak-shaving technologies. Bill text at www.leginfo.ca.gov | Watch | Assembly Committee on Utilities and Commerce | |
| AB 32 Revenues SB 31 (Pavley) Directs CARB to deposit fees and other revenues collected under AB 32 into the Air Pollution Control Fund and be available for certain uses, such as renewable energy and energy efficiency programs that reduce greenhouse gas emissions, particularly those programs focusing on low-income consumers, investments in technologies to reduce greenhouse gas emissions, including research, development, and demonstration and deployment, especially technologies that provide pollution reduction co-benefits, and green jobs development and training that will reduce greenhouse gas emissions. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Senate Floor | |
| Renewable Electric Generation Facilities SB 32 (Negrete McLeod) Requires feed-in tariffs for generation up to 3MW under certain conditions. The rates, length of payment terms, and rate adjustments for energy value, time of delivery and renewable attributes are to be determined by the CPUC. Net-metering is not allowed. Bill text at www.leginfo.ca.gov | Watch | Assembly Desk | |
| Powerplants Coastal Resource Fee SB 42 (Corbett) Requires a powerplant that uses once-through cooling to pay a fee from January 1, 2011, to December 31, 2014. Also requires the state board collecting the fees to deposit them in the Marine Life Restoration Account, which the bill establishes. Also requires the conservancy to administer the account and would continuously appropriate the moneys in the account to the conservancy and the board to reimburse their costs of administering the fee and to the conservancy for certain projects and activities that address the impacts of once-through cooling processes. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Energy, Utlities & Communications | |
| GHG – Nitrogen Trifluoride and Other Anthropogenic Gases SB 104 (Oropeza) AB 32 included in its definition of greenhouse gases, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. This bill would also include nitrogen trifluoride, and any other anthropogenic gas one metric ton of which makes the same or greater contribution to global warming as one metric ton of carbon dioxide. Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Natural Resources | |
| Calif. Climate Change Institute SB 128 (Padilla) Creates the California Climate Change Institute to 1) identify and support, through a merit-based peer-reviewed competitive grant process, research and education to be undertaken at academic and research institutions and laboratories throughout the state, 2) oversee, coordinate, and manage a nonduplicative, targeted research and development program for the purposes of achieving the state's targets for reducing emissions of greenhouse gases and mitigating the effects of those emissions, 3) develop effective model education pathways, training, model curriculum, and professional development necessary for emerging green technologies and industries, and 4) ensure that its climate change research is conducted in a manner that is targeted and nonduplicative of other research programs. (2-Year Bill) Bill text at www.leginfo.ca.gov | Watch | Senate Committee on Appropriations | |
| AB 32 Implementation – Evaluation of Costs SB 295 (Dutton) Requires CARB to perform an economic analysis prior to developing regulations under AB 32 and links implementation of AB 32 to unemployment rates. (2-Year Bill) Bill text at www.leginfo.ca.gov | Support | Senate Committee on Environmental Quality | |
| Electricity – Self-Generation Incentive Program SB 412 (Kehoe) Extends until January 1, 2013, the self-generation incentive program for non-solar distributed generation resources and would limit the eligibility for incentives to resources that the commission determines will support the state’s goals under AB 32. Requires that CHP units meet certain efficiency and emissions requirements. Bill text at www.leginfo.ca.gov | Support | Assembly Desk | |
| Renewable Energy Resources – Feed-in Tariffs SB 523 (Pavley) Requires utilities to implement a standard-offer contract and feed-in tariff by July 1, 2010, for generation up to 2% of total retail sales, for varying contract lengths. Tariff-eligible generation would count toward meeting the utilities’ AB 32 requirements. (2-Year Bill) Bill text at www.leginfo.ca.gov | Watch | Senate Committee on Energy, Utlities & Communications | |
| Electricity Rates SB 695 (Wright) Urgency bill to lift the energy crisis’s imposed rate freeze on the first tiers of residential customer usage, provide for gradual increases in residential and CARE rates, impose limits on dynamic pricing and require equal cents per kWh allocation for CARE costs. Bill text at www.leginfo.ca.gov | Oppose Unless Amended | Assembly Desk | |
| ENVIRONMENTAL QUALITY CMTA lobbyist: Mike Rogge, (916) 498.3313 | Position | Status | |
| Water Conservation AB 49 (Feuer) Treats water conservation goals for commercial, industrial and institutional (CII) needs in an arbitrary manner, ignoring the efforts that have already been achieved and technology available. Water use efficiency is measured by the arbitrary measure of gallons per day per capita among residences in the supplier’s service area. It combines residential and CII water use into one target and fails to allow for compliance with any imposed water efficiency target by expanded use of recycled water unless that expanded use is offset by reductions in the amount of potable water delivered within the service area. CMTA is supporting other water bills, SB 261 (Dutton) and SB 460 (Wolk). Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Revenue & Taxation | |
| Solid Waste – Single-use Carryout Bags AB 68 (Brownley) Places a minimum fee of 25 cents on customers for one-time-use bags at point-of-sale. A Bag Pollution fund would be established via payment from stores to the State Board of Equalization. (AB 87 introduced by Assemblymember Davis does exactly the same thing.) (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Single-Use Carryout Bags AB 87 (Davis) Places a minimum fee of 25 cents on customers for one-time-use bags at point-of-sale. This bill has similar provisions to AB 68 (Brownley) above. (AB 87 is a 2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Electronic Waste AB 147 (Saldana) Prohibits the sale of electronic devices in California if the device is prohibited from being sold in the European Union due to the presence of specific heavy metals. Documentation of compliance must be filed by the manufacturer with DTSC, the IWMB and the State Board of Equalization. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| Solid Waste – Extended Producer Responsibility AB 283 (Chesbro ) Gives the IWMB broad authority to establish a product stewardship program. The goal would be to force companies to research alternatives in product design to promote recyclability, achieve increased recycling and minimize the impact of their product on the environment. There would be reporting requirements and an administrative fee assessed to reimburse the Department’s cost to implement and operate the program. The bill also authorizes civil penalties up to $50,000 for non-compliance. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Solid Waste Diversion AB 479 (Chesbro ) Requires the CIWMB to develop a comprehensive plan and adopt policies, programs and incentives to ensure 60% of all solid waste generated in the state is source-reduced, recycled or composted by 2015 and that the goal be increased to 75% by 2020. Senator Padilla has a similar bill, SB 25, which contains the same diversion requirements and deadlines. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| Polyvinyl Chloride Packaging AB 1329 (Brownley) Prohibits the distribution or sale of polyvinyl packaging containers. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| Product Management – Disposable Food Containers AB 1358 (Hill) Prohibits the dispensing of prepared food or beverage in a disposable expanded polystyrene container on January 1, 2012. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Floor | |
| Trade Secrets AB 1446 (Feuer) Introduced by the author with the intent of moving legislation if the Green Chemistry process implementation at DTSC did not proceed at a “satisfactory” pace. (2-Year Bill) Bill text at www.leginfo.ca.gov | Watch | Assembly Committee on Judiciary | |
| Hazardous Materials – Toxic Substances SB 22 (Simitian) Spot bill, authorizes OEHHA to recommend procedures for expediting the review and identification of hazardous traits, including pending and proposed actions by other states, the federal government and other nations to limit hazardous materials in products. CMTA suspects this bill will be Simitian’s vehicle to introduce a mandate for website and/or package disclosure of the full ingredients in products. Senator Simitian has decided not to pursue this bill. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Environmental Quality | |
| Solid Waste Diversion SB 25 (Padilla) Requires the CIWMB to develop a comprehensive plan and adopt policies, programs and incentives to ensure 60% of all solid waste generated in the state is source-reduced, recycled or composted by 2015 and that the goal be increased to 75% by 2020. Chesbro has a similar bill, AB 479, which contains the same diversion requirements and deadlines. Both of these bills will cost local government more money to implement and place more pressure on manufacturers for complete product stewardship. Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| Hazardous Waste Generator Fees SB 231 (Lowenthal) Changes the structure under which DTSC is funded for landfill management. The agency has had a $3 million shortfall per year. This bill replaces the current fee structure (which misses those sending material out-of-state and instead impose a tax at the time of generation, regardless of where the material ends up. The amount of the fee has not been specified yet, but the expectation is to tax at significantly higher rates those who generate more material. Bill text at www.leginfo.ca.gov | Watch | Assembly Committee on Environmental Safety and Toxic Materials | |
| Water Use SB 261 (Dutton) Establishes guidelines for local jurisdictions to use in achieving the Governor’s 20% water conservation goal. Bill text at www.leginfo.ca.gov | Support | Assembly Desk | |
| Water Discharge Fees SB 413 (Ducheny) Requires NPDES permit holders or those with Waste Discharge permits to pay for updating the water basin plans. The author says this will be a two year bill.(2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Appropriations | |
| Water Conservation SB 460 (Wolk) Takes a less prescriptive approach to achieving water conservation reductions leaving the decision making authority to local jurisdictions. It is likely that only one of the two Senate water conservation bills will move forward. The other bill is SB 261 (Dutton/Ducheny). (2-Year Bill) Bill text at www.leginfo.ca.gov | Support | Senate Committee on Appropriations | |
| CEQA Public Comment SB 476 (Correa) Clarifies that the closure point in bringing up a perceived violation of CEQA is the public hearing prior to the Notice of Decision (NOD) being filed, rather than when the NOD was issued. Bill text at www.leginfo.ca.gov | Support | Assembly Committee on Natural Resources | |
| Water Recycling SB 565 (Pavley) Requires the State Water Resources Control Board to develop a plan to ensure that at least 50% of wastewater that is annually discharged into the ocean, as of the year 2009, is recycled and put to beneficial use by the year 2030. It would also impose an unspecified fee on each person discharging 10,000,000 gallons of wastewater per day into the ocean, San Francisco Bay, or any other enclosed bay in the State. Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| South Coast Air District Emission Credits SB 696 (Wright) Spot bill to ensure that there are sufficient credits available to allow SCAQMD to issue permits for essential public services and power plants. This bill is a possible vehicle to resolve the moratorium on permit issuance in the South Coast Air District. The bill has been amended to require the Energy Commission to evaluate the need for an additional thermal power plant in South Coast Air District. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Energy, Utlities & Communications | |
| Fire Retardant Ban SB 772 (Leno) Exempts children’s products, other than mattresses, from California’s fire safety standard, thereby placing those products at greater risk of fire when they are exposed to an ignition source. This proposal is based on concern or fear of the potential health effects of the fire retardants on humans, even though there is no peer-reviewed empirical data supporting those fears. The evaluation of whether or not these products should be banned should be decided by scientists not politicians (for example, by DTSC under their Green Chemistry process). Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| Bisphenol A Ban SB 797 (Pavley) Enacts the Toxin-Free Toddlers and Babies Act prohibiting the manufacture, distribution or sale of any bottle, cup or beverage in a can or jar that contains BPA in a level above .1ppb. It also requires the manufacturer to use the least toxic alternative when replacing BPA in containers. Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| SAFETY & HEALTH CMTA lobbyist: Cynthia Leon, (916) 498.3322 | Position | Status | |
| Indoor Heat Regulations AB 838 (Swanson) Requires the Occupational Safety and Health Standards Board, by July 1, 2011, to adopt a standard for controlling the risk of occurrence of heat illness where employees work indoors. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| LABOR AND EMPLOYMENT CMTA lobbyist: Cynthia Leon, (916) 498.3322 | Position | Status | |
| Employment Contract AB 335 (Fuentes) Makes void and unenforceable any provision in an employment contract that requires an employee, as a condition of obtaining or continuing employment, to use a forum other than California, or to agree to a choice of law other than California law, to resolve any dispute with an employer regarding employment-related issues that arise in California. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Labor and Industrial Relations | |
| Employee Lactation Rest Time AB 514 (de Leon) Requires employers to provide a 20-minute paid rest period for lactation purposes during each 4-hour work period, immediately preceding or following the employee’s rest period. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Employment Discrimination AB 793 (Jones) This bill’s intent is to reject the interpretation given to federal law through the US Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co., which impacts the statute of limitation for wage discrimination. This bill specifies when the unlawful employment practice starts to accrue with respect to compensation, including discrimination claims and Labor Code violations. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on the Judiciary | |
| Employment Training Panel AB 816 (Hagman) CMTA-Sponsored. Existing law establishes the Employment Training Fund as a special fund in the State Treasury, and requires that specified contributions collected from employers, be deposited in, or transferred to, the fund to use for employment training and development. This bill would repeal a provision authorizing the Legislature to appropriate from the Employment Training Fund in the annual Budget Act monies to fund the local assistance portion of welfare-to-work activities under the CalWORKs program. (2-Year Bill) Bill text at www.leginfo.ca.gov | Support | Assembly Committee on Insurance | |
| Expansion of California’s Version of the WARN Act AB 842 (Swanson) Increases the layoff notice period from 60 to 90 days. Requires employers, when notice is given, to provide employees with information regarding benefits and services available to them once the notice of layoff is given. Also requires employers that give notice of a mass layoff, relocation, or termination to provide sufficient meeting space for the provision of rapid response activity and allow the providers and affected employees to meet for at least an hour. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Employment – Credit Report AB 943 (Mendoza) Prohibits an employer from refusing to hire or employ a person, refusing to select a person for a training program leading to employment, and other conditions because the person does not authorize the employer to obtain a credit report regarding the person. The bill would create a rebuttable presumption of an unlawful employment practice when an employer takes adverse employment action against a person within 60 days of the person denying authorization for the employer to obtain a credit report regarding the person. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| Paid Sick Leave AB 1000 (Ma) Entitles an employee who works in California for 7 or more days in a calendar year to paid sick days to be accrued at a rate of no less than one hour for every 30 hours worked. An employee could use accrued sick days beginning on the 90th calendar day of employment. The bill would require employers to provide paid sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee's family member, or for leave related to domestic violence or sexual assault. An employer would be prohibited from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting, notice and recordkeeping requirements. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Employment – Familial Status AB 1001 (Skinner) Includes "familial status" as an additional basis upon which the right to seek, obtain, and hold employment cannot be denied under the Fair Employment and Housing Act. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Unemployment Insurance ABX3 23 (Coto) Makes changes to California’s unemployment fund eligibility benefits in order to be eligible for federal dollars under the federal stimulus package (HR 1). It would require that new claims filed after January 1, 2009 to establish alternative base periods, when a benefit year cannot be established under the currently defined base periods. In addition it would secure 20 additional weeks of benefits for individuals already on unemployment benefits. Bill text at www.leginfo.ca.gov | Oppose | Signed by Gov. | |
| Alternative Workweek SB 187 (Benoit) Permits a nonexempt employee to request a flexible workweek schedule providing for workdays up to 10 hours per day within a 40 hour workweek and allows the employer to implement this schedule without any obligation to pay overtime compensation. Similar bill on the Assembly side: AB 141 (Tran). (2-Year Bill) Bill text at www.leginfo.ca.gov | Support | Senate Committee on Labor and Industrial Relations | |
| Increase Tax Wage Base for Unemployment Insurance SB 222 (Ducheny) Increases the tax wage base for unemployment insurance from $7,000 to $21,000, tripling every employer’s UI tax. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Labor and Industrial Relations | |
| Meal Periods SB 287 (Calderon) CMTA-Sponsored. Clarifies changes in the meal period provisions of the labor code. Specifically, the employer's duty to "provide the employee with" a meal period as “make available”. It also defines the appropriate situations in which an employee and employer may enter into an on-duty meal period agreement. It also allows meal period provisions of collective bargaining agreements to supersede the statute. This bill, sponsored by CMTA and others in an employers' coalition, is a comprehensive solution to "Meal Period" issues. SB 380 (Dutton) is a similar bill which defines monetary payout in a meal period violation as a “penalty” not a “wage”, reducing the statute of limitations. Other meal period bills include SB 665 (Cedillo) & AB 1235 (Hayashi), carve outs for security guards and AB 569 (Emmerson), a carve out for the transportation industry, both of which CMTA will oppose because they are not comprehensive. (2-Year Bill) Bill text at www.leginfo.ca.gov | Support | Senate Committee on Labor and Industrial Relations | |
| Anti-Human Trafficking Corporate Policy Mandate SB 657 (Steinberg) Beginning January 1, 2011, requires retail sellers and manufacturers doing business in the state to develop, maintain, and implement policies related to their compliance with federal and state law to eradicate slavery and human trafficking. Exempts retail sellers or manufacturers with less than $2,000,000 in annual sales. Also specifies legislative intent. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Appropriations | |
| TAX CMTA lobbyist: Greg Hines, (916) 498.3318 | Position | Status | |
| Tax on Cigarettes and Other Tobacco Products AB 89 (Torlakson) Imposes an additional excise tax on the distribution of cigarettes at the rate of $0.105 for each cigarette distributed, starting the first day of the first calendar quarter 90 days after the effective date of the bill (TBD). Also requires a dealer or wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in his or her possession or under his or her control on that date. The revenues collected from the additional tax would be deposited in the Tobacco Excise Tax Account. Similar to SB 600. Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Revenue and Taxation | |
| Sales & Use Taxes Exemption – Energy Efficient Products AB 150 (Smyth) Exempts energy efficient products, including layaway agreements, from sales & use tax on April 24 of each year beginning in 2010. Bill text at www.leginfo.ca.gov | Watch | Assembly Committee on Revenue and Taxation | |
| Sales & Use Taxes – Nexus AB 178 (Skinner) Includes in the definition of a “retailer engaging in business in this state” a retailer entering into an agreement with a resident of this state under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link or an Internet Web site or otherwise, to the retailer, if the cumulative gross receipts or sales price from sales by the retailer to customers in this state who are referred pursuant to these agreements is in excess of $10,000 during the preceding 4 calendar quarterly periods. Similar to ABx3 27 (Calderon). (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Revenue and Taxation | |
| Income and Corporate Tax Credits – Enterprise Zones AB 341 (Anderson) Spot bill to revise the enterprise zone credit system to allow a taxpayer authorized to claim those credits to apply the aggregate value of all enterprise zone-related income tax credits toward the taxpayer’s tax liability. Bill text at www.leginfo.ca.gov | Watch | Assembly Desk | |
| Sales & Use Taxes – Failure to Furnish Information AB 347 (Block) Authorizes the Board of Equalization to impose a 25% penalty if during an examination or audit, the person fails or refuses to furnish any information requested by the dates specified in writing and required by Sales and Use Tax Law. Bill text at www.leginfo.ca.gov | Oppose | Assembly Floor | |
| Sales and Use Tax Exemption Manufacturing Equipment for Photovoltaic Panels AB 546 (Knight) Exempts from sales and use taxes the gross receipts from the sale of, and the storage, use, or other consumption of, tangible personal property purchased for use primarily in the manufacturing of solar photovoltaic panels. Bill text at www.leginfo.ca.gov | Support if Amended | Assembly Committee on Revenue and Taxation | |
| California Higher Education Endowment Corporation – Oil & Gas Severance Tax AB 656 (Torrico) Imposes an oil and gas severance tax on and after January 1, 2010, on any producer for the privilege of severing oil or gas from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at a specified rate. The tax would be administered by the State Board of Equalization, and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill requires the board to deposit all tax revenues, penalties, and interest collected pursuant to these provisions, with exceptions, in the California Higher Education Fund. Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Higher Education | |
| BOE – Use Tax AB 711 (Calderon) Requires a qualified purchaser to register with the BOE and to report and pay by April 15, the use tax owed for the previous calendar year. This addresses the problem of use tax non-compliance. A qualified purchaser holds a business license, but not a seller’s permit and not a use tax direct payment permit, and is not otherwise required to be registered. This bill would not apply to the purchase of a vehicle, vessel, or aircraft. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Rules | |
| R&D Tax Credits AB 765 (Caballero) Formerly CMTA co-sponsored legislation to increase the California research and development tax credit from its present 15% to 20% phased-in over a four year period beginning in 2012. Amended May 18 turning bill into a new home buyer credit. (See AB 1565, Ruskin, for R&D bill.) Bill text at www.leginfo.ca.gov | Neutral | Senate Committee on Rules | |
| Sales Tax Exemption on Manufacturing Equip. AB 829 (Caballero) CMTA-Sponsored. Exempts state portion of the sales & use tax for purchases of machinery and equipment used in manufacturing and research and development processes. Bill text at www.leginfo.ca.gov | Support | Assembly Committee on Appropriations | |
| Sales Tax on Property Shipped Outside the State AB 847 (Calderon) Repeals the sales tax exemption on tangible personal property shipped outside of the state. The retail sale of tangible personal property in this state would be subject to tax, regardless of whether a contract of sale requires the property to be shipped, and it is shipped, to a point outside the state. Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Revenue and Taxation | |
| Property Tax Statement AB 852 (Fong) Authorizes the county assessor to refuse to accept any property tax statement that is not in the requested format and to require the filing of a property tax statement by means of the California Assessors’ Standard Data Record, in addition to the use of any other approved electronic media. Requires the State Board of Equalization to adopt equipment category codes and requires taxpayers filing a property tax statement to use the codes. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| County Transactions and Use Taxes – Economic Development AB 978 (Perez) Authorize county boards of supervisors to impose a transactions and use tax at a rate of 0.125% by the adoption of an ordinance. Revenues from the tax could be used only for funding economic development within the county, including the construction and acquisition of facilities within the county. Bill text at www.leginfo.ca.gov | Watch | Assembly Committee on Revenue and Taxation | |
| Surcharge on Alcoholic Beverages AB 1019 (Beall) Requires wholesalers located within the state who distribute alcoholic beverages to retailers for consumption in the state, to pay a $0.10 per drink surcharge and would require the State Board of Equalization to administer and collect this surcharge. The bill would establish the Alcohol-Related Services Fund, to be administered by the State Department of Health Care Services, into which moneys from the imposition of the surcharge would be deposited and would, upon appropriation by the Legislature, require those moneys to be used by the State Department of Health Care Services for specified programs, including programs to prevent the use and abuse of alcoholic beverages and other drugs. (Failed Passage) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Health | |
| Sales and Use Tax Exemption for Energy Efficient Products AB 1028 (Blumenfield) Exempts from sales and use taxes, starting January 1, 2010, through January 1, 2011, the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, qualified renewable energy systems. Bill text at www.leginfo.ca.gov | Support if Amended | Assembly Committee on Appropriations | |
| Manufacturers’ Investment Credit for Solar Energy Materials AB 1029 (Blumenfield) For tax years 2009, 2010 and 2011, allows a credit in an amount equal to an unspecified percent of the amount paid or incurred in connection with the manufacture of qualified solar energy materials. Bill text at www.leginfo.ca.gov | Watch | Assembly Committee on Revenue and Taxation | |
| Income Tax Credits – Enterprise Zones AB 1139 (Perez) A hiring credit is now given for qualified taxpayers who hire qualified employees, as defined, within enterprise zones, subject to specific criteria. Qualified employees includes an ex-offender, as defined. This bill further defines “ex-offender” to includes an individual who has been convicted, or who has been charged with a felony or a misdemeanor offense punishable by incarceration, even if placed on probation without a finding of guilt, with specified exclusions. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Jobs, Economic Development and Economy | |
| Corporation Tax – Water’s Edge/ Havens AB 1178 (Block) Current law allows corporations to elect whether income is determined on a water’s edge basis or on a worldwide unitary basis. In general, a water’s edge election is subject to tax on income only from sources within the United States but is required to take into account the income and apportionment factors of certain specified affiliated entities. This bill would expand the list of specified affiliated entities for taxable years beginning January 1, 2010, to include a corporation that is incorporated, headquartered, or located in a country that is a “tax haven” as defined. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Revenue and Taxation | |
| State Taxes – Vote Requirement AB 1299 (Coto) Spot bill to clarify the meaning of “state taxes” for purposes of the constitutional 2/3 vote requirement. Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| State Board of Equalization and Franchise Tax Board – Burden of Proof AB 1387 (Tran) Provides, for purposes of the taxes and fees administered by the State Board of Equalization, that the board shall have the burden of proof, by clear and convincing evidence, in sustaining its assertion of penalties for intent to evade or fraud in a civil proceeding. This bill also provides, with certain exceptions, that the State Board of Equalization and the Franchise Tax Board have the burden of proof in a court or administrative tax proceeding with respect to any factual issue relevant to ascertaining the tax liability of a taxpayer who has established that it is a cooperating taxpayer. Taxpayers are not to be subjected to unreasonable search or access to records in violation of the law. Bill text at www.leginfo.ca.gov | Support | Assembly Committee on Appropriations | |
| Research & Development Credit AB 1565 (Ruskin) CMTA Co-Sponsor. Formerly AB 765 (Caballero). Seeks to increase the California research and development tax credit from its present 15% to 20% phased-in over a four year period beginning in 2012. Also provides complete conformity to the alternative incremental credit provided under federal income tax laws. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Revenue & Taxation | |
| Income Tax Credit – Qualified Principal Residence SB 49 (Dutton) Allows a credit for the purchase during a specified period of a qualified principal residence in an amount equal to that portion of the purchase price that does not exceed $10,000. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Revenue & Taxation | |
| Personal Income Tax – Amt Rates SB 96 (Ducheny) This bill would, for taxable years beginning on or after January 1, 2009, in lieu of the maximum rate of 9.3%, impose rates of 9%, 9.5%, 10%, 10.5%, and 11% for taxpayers with taxable income over certain amounts, and impose an 8.5% maximum rate based upon the taxpayer’s alternative minimum taxable income. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Revenue & Taxation | |
| Small Business Regulations SB 356 (Wright) Changes the Administrative Procedures Act to compel Departments to consider alternatives to proposed regulations, the economic impact of regulations and provide greater consideration for the burden of regulation on small business in particular. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Appropriations | |
| Potentially Abusive Tax Avoidance Transactions SB 401 (Wolk) Existing law imposes various taxes and fees, and certain penalties in connection with tax avoidance and abusive tax shelters, including reportable transactions. This bill would remove the reference to reportable transactions, and instead provide for specified penalties to be imposed on potentially abusive tax avoidance transactions, as newly defined. Bill text at www.leginfo.ca.gov | Oppose | Assembly Desk | |
| Income and Corporation Tax Credits – R & D SB 444 (Ashburn) Increases the credit for increasing research expenses to 20% of the excess of the qualified research expenses. Also provides complete conformity to the alternative incremental credit provided under federal income tax laws. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Revenue & Taxation | |
| Income and Corporation Tax Credits – Manufacturer’s Investment SB 445 (Ashburn) For tax years beginning January 1, 2009, allows a credit against the taxes imposed in an amount equal to 6% of the amount paid by the taxpayer. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Revenue & Taxation | |
| Income and Corporation Tax Credits – Renewable Energy Projects SB 463 (Strickland) For tax years January 1, 2009, through January 1, 2017, allows a credit equal to 30% of the costs paid or incurred, not to exceed $3,000, for the purchase and installation of renewable energy resources or renewable energy resources conversion technology projects. Bill text at www.leginfo.ca.gov | Watch | Senate Committee on Revenue & Taxation | |
| Alcoholic Beverage Surcharge SB 558 (DeSaulnier) Requires the Department of Alcoholic Beverage Control to impose an additional nickel-a-drink tax on sales of alcoholic beverages. The tax will be computed based on a drink containing 12 ounces of beer, 1.5 ounces of distilled spirits or 5 ounces of wine. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Governmental Organization | |
| Cigarette and Tobacco Products Tax and Health Protection Fund SB 600 (Padilla) Imposes an additional tax on the distribution of cigarettes at the rate of 75 mills for each cigarette distributed and requires a dealer or wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in his or her possession or under his or her control on that date. Revenues collected as a result of this bill would be allocated to a newly created Health Protection Fund. Similar to AB 89. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Health | |
| Sales Tax Exemption on Manufacturing Equip. – Energy & Water Use SB 699 (Alquist) CMTA-Sponsored. Exempts state portion of the sales and use tax for purchases of machinery and equipment used in manufacturing and research and development processes. Bill text at www.leginfo.ca.gov | Support | Senate Committee on Revenue & Taxation | |
| WORKERS' COMPENSATION CMTA lobbyist: Cynthia Leon, (916) 498.3322 | Position | Status | |
| Hospital Employees – Presumption AB 664 (Skinner) Provides, with respect to hospital employees, that the term "injury" includes a blood-borne infectious disease, neck or back impairment, or methicillin-resistant Staphylococcus aureus that develops or manifests itself during the period of the person's employment with the hospital. These injuries will be presumed to be work related and treated under the worker’s compensation system. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Appropriations | |
| Utilization Review AB 933 (Fong) Requires that all physicians including psychologists performing utilization review in the Workers’ Compensation system be licensed by California state law. Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Labor and Industrial Relations | |
| Discrimination AB 1093 (Yamada) Provides that no workers' compensation claim shall be denied solely because the motivation behind what caused the employee's injury or death was related to an unchangeable personal characteristic of that employee. Similar to SB 145 (DeSaulnier). Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Rules | |
| Supplemental Job Displacement Benefits SB 3 (Cedillo) Starting January 1, 2010, provides a supplemental job displacement benefit in the form of a voucher for up to $6,000 to cover various reeducation and skill enhancement expenses. The voucher would expire 2 years after it was furnished to the employee or 5 years after the date of injury, whichever is later. The bill exempts employers who make an offer of reemployment or continued employment from providing vouchers. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Appropriations | |
| Discrimination – Apportionment SB 145 (DeSaulnier) Provides that no workers' compensation claim can be denied because the employee's injury or death was related to the employee's race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics. Also prohibits race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics from being considered a cause or other factor of disability when doing apportionment. Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Insurance | |
| Predesignation of Physician SB 186 (DeSaulnier) Deletes the Dec. 31, 2009, sunset pertaining to an employee’s predesignation of a personal physician. Bill text at www.leginfo.ca.gov | Oppose | Assembly Committee on Insurance | |
| Permanent Disability Increase SB 773 (Steinberg) States the intent of the Legislature to enact legislation that would adjust the amount of permanent partial disability benefits paid to workers so that the benefits are fair, adequate, and more favorably aligned when compared with permanent partial disability benefits paid to workers in other states. (2-Year Bill) Bill text at www.leginfo.ca.gov | Oppose | Senate Committee on Appropriations | |