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CMTA Leg Watch 2002
Govt. Relations | Corp Counsel | Education | Energy | Environmental Qual.
Labor & Employment | Infrastructure|Tax


Updated October 11, 2002


CORPORATE COUNSEL   Back to top
 
Bill Description Position Status Staff  
AB 36 (Steinberg) Confidentiality of Writings Creates a presumption of public right of access to information shared during discovery in product liability, environmental discharge cases. Parties to a suit would lose their right to mutually agree to keep documents confidential within the confines of their suit. This bill would vastly inflate litigation and settlement costs. Oppose Senate Rules Matt Sutton  
AB 1699 (Steinberg) Arbitration Allows arbitration parties to obtain information, upon request, regarding the policy of an arbitration provider with respect to the issuance of written decisions regarding the arbitration award. The bill wholly exempts any arbitration involving a collective bargaining agreement. Pertains to arbitrators' decisions. Watch Senate Judiciary Matt Sutton  
AB 1775 (Nation/Oropeza) Privacy Governor-sponsored bill regarding usage/sharing of personally identifiable information relating to financial privacy. This bill was meant to be a more moderate approach than that used in SB 773. This bill appears stalled at this point, but another bill vehicle may arise. Watch Assembly Judiciary Matt Sutton  
AB 1831 (Runner) Personal Injury The Trial Court Delay Reduction Act provides for the establishmnent of delay reduction programs in specified courts and imposes various duties on the Judicial Council. This bill would require the Judicial Council to conduct a study on the impact of those programs in relation to the commencement of personal injury actions and the effect of expanding the statute of limitations for those actions from one year to 2 years, taking into consideration specified factors. The bill would further require the Judicial Council to report those findings to the Legislature by January 1, 2004. Extends the limitation period for filing suit from one to two years. Watch Assembly Judiciary Matt Sutton  
AB 1981 (Simitian) Discovery: Protective Orders Was intended to be a "compromise" bill on the issue of protective orders. Not a viable vehicle for this issue anymore. Watch Assembly Judiciary Matt Sutton  
AB 2297 (Simitian) Online Privacy Requirements Requires any person or entity conduting business on an internet web site that collects personal and identifying information to do the following: post and fully comply with a privacy policy that identifies what types of information are collected and, with whom the information may be shared. Additionally, ther person or entity must disclose whether or not a process exists for an individual to review and request changes to his or her personal and identifying information collected. Also requires notification of security breaches. State-by-State regulation of the internet is impractical, misguided and unnecessary. Oppose Vetoed by the Governor Matt Sutton  
AB 2939 (Pescetti) Attorneys: Legal Consumers' Protection Act Enacts the Legal Consumers' Protection Act, which would require a contingency fee attorney to make certain disclosures and reports to a potential or existing client regarding (1) chances of success in the case, (2) estimated and actual attorney hours, (3) estimated fees, and (4) other fee information. The act would also give the consumer the right to request an objective review of a contingency fee by a court or bar association committee, and to seek specified remedies against an attorney violating these provisions. Support Assembly Judiciary, Reconsideration Matt Sutton  
SB 11 (Escutia) Confidentiality of Writings Creates a presumption of public right of access to information shared during discovery in product liability, environmental discharge, unlawful energy price manipulation and bad faith insurance practices cases. Parties to a suit would lose their right to mutually agree to keep documents confidential within the confines of their suit. This bill would vastly inflate litigation and settlement costs. Oppose Assembly Floor, Inactive File Matt Sutton  
SB 169 (Bowen) Personal Information: Biometrics Technology At this time, loosely defines biometrics and contains declarations referencing constitutional privacy rights. Watch Assembly Judiciary Matt Sutton  
SB 238 (Kuehl) Public Interest Suits: Waiver of Bond Safeguarding Against Unfair Financial Loss Existing law requires a party seeking an injunction to post a bond to secure against financial loss to the enjoined defendant should ultimate resolution of their dispute favor the defendant. This bill would make the bond optional, according to the court's discretion in cases "involving the public interest" where the party seeking the injunction had no financial interest. This would leave innocent, non-liable defendants open to serious financial losses in class action and in environmental suits. Oppose Chapter 967, Statutes of 2002 Matt Sutton  
SB 682 (Perata) Firearms Liability Modifies the statute defining the "safe harbor" from specified strict liability litigation pertaining to firearms. Neutral Chapter 913, Statutes of 2002 Matt Sutton  
SB 688 (Burton/Wesson) Summary Judgement This bill would vastly increase the burden on defendants seeking summary judgements (early dismissals of nonmeritorious suits). (Previously SB 476) Oppose Chapter 448, Statutes of 2002 Matt Sutton  
SB 773 (Speier) Privacy: Financial Institutions Imposes conditions of notification, approval and investigation as to third parties' compliance on financial institutions prior to sharing consumer information among affilitated companies or with other entities. Watch Fialed Passage, Senate Floor, Concurrence Matt Sutton  
SB 789 (Kuehl) Denial of "Anti-SLAPP" Protections (SLAPP - Strategic Lawsuit Against Public Participation) The anti-SLAPP motion is a special motion to strike a cause of action arising from any act of the defendant in furtherance of that person's right of petition or free speech in connection with a public issue. This bill attempts to deny the ability of an entire class of defendants to protect themselves against a harassing lawsuit intended to attack those defendants' constitutional rights of freedom of speech and petition for the redress of grievances. (SB 789 was previously SB 1651.) Oppose Vetoed by the Governor Matt Sutton  
SB 1386 (Peace) Electronic Databases: Notice of Security Breach Requires any agency, person or business that maintains a computerized data system that contains personal information to disclose any breach of the security of the system immediately after discovery of the breach in the security of the data to any person whose personal information was, or may have been, accessed by an unauthorized person. Bill motivated by the recent security creach of state databases containing personal information on state employees. A work in progress. Watch Chapter 915, Statutes of 2002 Matt Sutton  
SB 1527 (Burton) Accounting: Scope of Services Limits scope of services by prohibiting publicly traded companies from using the same accountants for audit and other business advisory services. Not only does CMTA believe that a federal approach would be best, but also that the scope of the service limitations should be specific to services that provide a direct conflict of interest with audit activities. Oppose Assembly Business and Professions Matt Sutton  
SB 1538 (Burton) Arbitration: Employment Contracts Would prohibit pre-dispute mandatory arbitration agreements between employers and employees for claims of discrimination under the California Fair Employment and Housing Act (FEHA). Oppose Vetoed by the Governor Matt Sutton  
SB 1814 (Dunn) State Anti-Trust Law Changes Was significantly amended in Assembly Business and Professions Committee to remove language that would have amended the state antitrust law to specify that a combination of persons for the purposes of establishing antitrust liability may include "those who are related to one another by common ownership." Section 3 (the retroactive language) was also amended out of the bill. The remaining part of SB 1814 proposes incorporation of the anti-monopoly provisions of Section 2 of the federal Sherman Act into a new section of California's Cartwright Act. This proposed amendment, however, would mean far more serious consequences for California businesses. This is because California law permits so-called indirect purchaser lawsuits, including indirect purchaser class actions. Federal law does not allow for indirect purchaser lawsuits - only direct purchasers can sue under the Sherman Act's provisions for monopoly. Oppose Assembly Business and Professions - Reconsideration Matt Sutton  
SB 1872 (Bowen) Vendors Refund and Return Policies Requires Internet vendors to process refunds or account credits within 5 owrking days. Allows for penalties or small claims actions. Watch Chapter 326, Statutes of 2002 Matt Sutton  

EDUCATION    Back to top
 
Bill Description Position Status Staff  
AB 912 (Wesson) Math and Science Instruction Establishes the Math and Science Challenge Grant Program which would promote math and science teaching in low performing schools. Support Senate Education Matt Sutton  
AB 2160 (Goldberg) Public School Employees' Scope of Representation Recently amended to establish a process for negotiating education issues that is virtually identical to collective bargaining. In the newer version of the bill, teachers unions or school boards could demand that "academic partnerships" be established to negotiate education issues, including textbooks, curricula, professional development, standards and parent participation programs. Oppose Assembly Floor, Inactive File Matt Sutton  
AB 2212 (Alquist) Baldrige in Education Pilot Program Authorizes the Santa Cruz County Office of Education, to establish and administer the Pupil Data Portfolio Pilot Program to provide grants to 27 applicant schools to operate 3-year pilot programs to train educators in the development and use of individualized pupil data portfolios, based on Baldrige criteria and principles. Student data portfolios have been found to increase student understanding of standards and student performance on state and district achievement measures. Additionally, the portfolios assist teachers in tracking student progress. Support Vetoed by the Governor Matt Sutton  
SB 1453 (Alpert) Pupil Achievement Data System The measure proposes to create a student identifier that would be used to provide longitudinal student test data intended to assist the State in assessing the long-term value of California's educational investments and in providing a research basis for improving student performance. Support Governor's Desk Matt Sutton  

ENERGY    Back to top
 
Bill Description Position Status Staff  
AB 57 (Wright) Electrical Energy Contracts Establishes criteria by which investor-owned utilities (IOUs) could engage in long term contracting without California Public Utilities Commission (CPUC) post hoc reasonableness review. Requires each IOU to submit to the CPUC a procurement plan, and requires CPUC to review and adopt a plan, not later than 90 days prior to the date that the IOU intends to resume procurement, as specified in the procurement plan. Support Chapter 1002, Statutes of 2002 Dorothy Rothrock and Joe Lyons  
AB 58 (Keeley) Net Energy Meeting Allows net metering of IOU customers using solar systems of up to 1000 kilowatts and IOU customers using wind energy systems of up to 50 kw, and raises the total cap on net metered capacity from one-tenth of one percent to one-half of one percent of peak load in each IOU service area. Additionally, requires net metering and co-metering customers to pay public goods charges. Neutral Chapter 836, Statutes of 2002 Joe Lyons  
AB 80 (Havice) Community Aggregation, Direct Access and Exit Fees Authorizes the cities participating in the Magnolia Power Project (Anaheim, Burbank, Cerritos, Colton, Glendale, Pasadena, and San Marcos) to aggregate their electricity loads and provide direct access to their residents. Additionally, contains legislative intent language regarding the imposition to exit fees on customers to pay their "fair share" of Department of Water Resources power costs (both historical costs and forward contract obligations), including customers that invest in customer generation resources. The intent language in this bill is unnecessary and premature. The CPUC is currently engaged in a proceeding to determine the appropriate cost responsibility for direct access and departing load customers for DWR power procurement costs. Oppose Chapter 837, Statutes of 2002 Joe Lyons  
AB 117 (Migden) Community Aggregation and Exit Fees Permits cities and counties to aggregate their electrical load, and contains legislative intent language regarding the imposition of exit fees on customers not receiving service from an IOU, including customers that invest in customer generation resources. The intent language calls for all customers to pay their "fair share" of Department of Water Resources power costs (both historical costs and forward contract obligations). The intent language in this bill is unnecessary and premature. The CPUC is currently engaged in a proceeding to determine the appropriate cost responsibility for direct access and departing load customers for DWR power procurement costs. Oppose Chapter 838, Statutes of 2002 Joe Lyons  
AB 1234 (Pescetti) Public Utilities: Natural Gas Requires any gas corporation that has entered into a settlement before the PUC to put its historical gas gathering system to auction by 4/30/02. Allows retired functional gas pipelines to be purchased and used by other service providers, which will help to increase the State's natural gas capacity and supplies. Support Chapter 839, Statutes of 2002 Joe Lyons  
AB 1350 (Canciamilla) Natural Gas Storage Exempts the proposed expansion of the Wild Goose natural gas storage facility from SB 177 (Burton-Peace, Ch. 774, Stats. 1999) requirements . SB 177 requires the CPUC to conduct special hearings before granting a public utility the right to exercise eminent domain when the utility is competing with another utility for gas-related services, and to make specific findings as to the need for that project. Last year, the Legislature enacted SBX1 28 (Sher, Ch. 12, Stats. 2001), which exempted Lodi Gas Storage from the SB 177 requirements. Support Chapter 39, Statutes of 2002 Joe Lyons  
AB 1529 (Wyman) PUC: Expeditious Review and Action Requires the CPUC to act as expeditiously as possible, and in no event exceed the timelines provided for in the existing Permit Streamlining Act, when reviewing or acting upon an application for a certificate for public convenience and necessity authorizing the construction of any electric or gas plant, line or extension. Support Senate Energy, Utilities and Communications Joe Lyons  
AB 2062 (Pescetti) Energy: Agency Consolidation Establishes the California Department of Energy. Consolidates the following entities into the newly-created department: the California Power Authority; the Califoria Energy Commission (CEC); the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation; and the California Energy Resources Scheduling Division of the DWR. Watch Senate Energy, Utilities and Communications Joe Lyons  
AB 2177 (Hollingsworth) Public Utilities: Eminent Domain Requires that an electrical corporation that files a petition to condemn property by eminent domain be treated as a local agency for the purpose of making all records maintained by the public utility in connection with the condemnation open to public inspection under the California Public Records Act. Watch Assembly Utilities and Commerce Joe Lyons  
AB 2307 (Kehoe) Electrical Corporations: Distributed Energy Resources Extends the standby fee exemption for distributed generation from 2003 to 2006. Support Senate Energy, Utilities and Commerce Joe Lyons  
AB 2383 (Diaz/Wright) Little Hoover Commission: Comprehensive Study Requires the LIttle Hoover Commission to conduct a comprehensive study relating to energy and provide the Legislature with recommendations no later than January 1, 2004, on various energy related topics, including establishing a statewide energy policy, consolidating existing agencies, and ensuring price stability and service reliability. Watch Senate Energy, Utilities and Communications Joe Lyons  
AB 2490 (Canciamilla) CPUC Decisions and Reporting Amends statutory deadlines and requires the CPUC to submit a report to the Legislature whenever the CPUC or CPUC staff misses a statutory deadline with 10 days of the missed deadline. Support Senate Energy, Utilities and Communications, Reconsideration Joe Lyons  
AB 2523 (Canciamilla) Electrical Corporations: Rates Requires the CPUC, if it determines that electric rates should be reduced, to ensure that the rate reduction occurs in the same proportion as the class percentage increases approved by the CPUC (D.01-05-064). Support Senate Energy, Utilities and Communications Joe Lyons  
AB 2705 (Wyland) Tax Credits: Excess Energy Costs Requires San Diego Gas and Electric Company (SDG&E), on or before March 1, 2003, to identify each customer who was subjected to excess energy costs, calculate the total amount of these costs, and to communicate that information to those customers. Additionally, requires SDG&E to develop a plan to provide full excess energy costs reimbursement to all identified customers. Support if Amended Assembly Utilities and Commerce Joe Lyons  
AB 2718 (Oropeza) Oil Producers Allows distributed generation units up to one megawatts in size utilizing waste, flare, or stranded gas to qualify for AB 970 (Ducheny) financial incentives and net energy metering tariffs. This measure is sponsored by the California Independent Petroleum Association. Support Senate Energy, Utilities and Communications Joe Lyons  
AB 2754 (Nation) CPUC: Civil Fines and Penalties Contains legislative intent language relating to CPUC procedures concerning adjudication cases, and the need to establish uniformity and due process in those procedures and improve the fundamental fairness of CPUC decisions. Sponsor Assembly Utilities and Commerce Joe Lyons  
SB 532(Sher) California Renewables Portfolio Standard Program Continues the CEC's PIER and Renewable Energy Program for fine additional years and creates the Renewable Portfolio Standard (RPS) aimed at increasing the amount of renewable energy in the IOUs' procurement portfolio from 10-20% by the year 2010. Requires compliance with all measures and imposes penalties for failure to comply. Neutral Assembly Utilities and Commerce - Failed Passage Joe Lyons  
SB 1078 (Sher) Renewable Portfolio Standard with Prevailing Wage Requires IOUs and municipal utilities to increase the amount of renewable power in their procurement portfolio by one percent a year up to 20 percent by 2015. Requires CPUC to establish a benchmark price for renewable power. Power priced below the benchmark would be recovered in rates and power priced above would be recovered through the Public Goods Charge already collected. The RPS requirement would also apply to energy service providers, beginning in 2006, or the date on which a contract between an ESP and retail customer expires, if the latter occurs first. The bill also requires the CPUC to institute a rulemaking to determine the manner in which ESPs will participate in the RPS. Additionally, requires that employees engaged in the construction, operation and maintenance of renewable projects pursuant to this bill be paid the prevailing wage. The prevailing wage requirement will hamper the development of renewable power in California, and even more significant for large customers: drive up the cost of renewable power, decrease the amount of renewable power purchased pursuant to the bill and increase pressure for future PGC increases. Oppose Chapter 516, Statutes of 2002 Joe Lyons  
SB 1143 (Bowen) Energy Requires the CEC to prepare an energy diversity plan to achieve goals that at least 15% of the energy generated in California shall derive from renewable sources, increased to 20% by December 31, 2010. Oppose Assembly Floor, Inactive File Joe Lyons  
SB 1269 (Peace) Power Plant Certification Requires a power plant project owner to begin construction within one year of certification by the CEC. Authorizes the CEC to revoke the certification or impose penalties if a project owner fails to meet construction milestones without showing good cause, and authorizes the CEC to extend the commencement of construction for an additional 12 months if the project owner reimburses the CEC for its costs of licensing the project. Additionally, authorizes the CEC to transfer the certification to the California Power Authority, in which case the Power Authority would be required to reimburse the original certificate owner for its costs associated with permitting the project. Neutral Chapter 567, Statutes of 2002 Joe Lyons  
SB 1389 (Bowen/Sher) Energy Planning and Forecasting Requires the CEC to prepare an integrated energy policy report on or before November 1, 2003, and to conduct assessments and forecasts at least every two years. The CEC would be additionally required to conduct workshops and hearing for purposes of the report. Watch Chapter 568, Statutes of 2002 Joe Lyons  
SB 1519 (Bowen) Renewable Direct Access Allows utility customers to purchase renewable power, subject to exit fees to cover Department of Water Resources power costs. Additionally, subjects all energy service providers, and not just those serving residential and small commercial customers, to the CPUC's registration procedures. Oppose Assembly Utilities and Commerce Joe Lyons  
SB 1524 (Sher) Renewable Portfolio Standard Authorizes the continuation of the CEC-administered Renewable Energy Program and Public Interest Energy Research (PIER) Program for five additional years. Oppose Unless Amended Assembly Utilities and Commerce Joe Lyons  
SB 1753 (Bowen) ISO Duties Requires the California Independent System Operator to manage the transmission grid and related energy markets in a manner that makes the most efficient use of available energy resources, assures the least overall economic cost to the state's consumers, is consistent with state policies intended to protect the public's health and the environment, and assures the maximum availability of electric generation resources necessary to meet the needs of the state's electricity consumer. Oppose Chapter 847, Statutes of 2002 Joe Lyons  
SB 1876 (Bowen) Electric Restructuring Provisions Eliminates various provisions of AB 1890, the landmark electric restructuring law, including numerous provisions relating to investor-owned utility cost recovery. Watch Assembly Utilities and Commerce Joe Lyons  
SB 1885 (Bowen) IOUs' Obligation to Serve Requires an IOU, as part of its obligation to serve, to obtain adequate supplies of electricity to meet the needs of its customers. Watch Assembly Utilities and Commerce Joe Lyons  
SB 1976 (Torlakson) Real-Time Pricing Requires the California Energy Commission, by November 1 of this year, to report to the Legislature and Governor regarding the feasibility of implementing real-time pricing tariffs for electricity. Support Chapter 850, Statutes of 2002 Joe Lyons  
SB 2000 (Dunn) Electric Power and Natural Gas: Unlawful Actions Prohibits any person engaged in the business of generating, selling, distributing, transferring, marketing or trading electricity or natural gas from engaging in specified unlawful acts or practices, and provides that a person found in violation of these provisions would be required to disgorge the profits from the unlawful conduct and would be liable for, among other things, three times the amount of the disgorgement and attorney fees. The bill contains prohibitions on energy sales that are not only vague, but would potentially make otherwise rational marketplace behavior unlawful, and will likely lead to unintended consequences, including the unfair restraint of trade. This measure will discourage private investment in generation in California - investment that is necessary in order to meet the state's energy needs and avoid future energy crises. Oppose Senate Floor, Inactive File Joe Lyons  
SBX2 86 (Peace/Burton) Power Plant Facility and Site Certification Authorizes CEC to administratively impose a penalty of up to $75,000 or revoke certification, or both, if a project owner fails to commence construction of a generating facility within 12 months after the project has been certified by CEC Oppose unless Amended Died in Assembly Energy Costs and Availability Joe Lyons  

ENVIRONMENTAL QUALITY    Back to top
 
Bill Description Position Status Staff  
AB 498 (Chan) Persistent, Bioaccumulative Toxins As amended, required the Department of General Services to develop a procurement policy that balances consideration of environmental attributes with product performance, safety, durability, availability, energy efficiency and the needs of the purchaser. Neutral as Amended Chapter 575, Statutes of 2002 Jeff Sickenger  
AB 1173 (Keeley) Indoor Air Quality Directs CARB to review available research on indoor air contaminants and potential exposure-related health effects and report findings to the Legislature by January, 2004. Late amendments require inclusion of summary information on indoor air quality investigations conducted by the state Department of Health Services (DHS), (e.g., biological and radiological sources), and external scientific peer review. This measure is a substantially scaled back study bill version of AB 2332, an indoor air quality control measure, which failed passage on the Assembly Floor. Neutral as Amended Chapter 987, Statutes of 2002 Jeff Sickenger  
AB 1493 (Pavley) Regulation of Mobile Source Greenhouse Emissions Requires the California Air Resources Board to achieve the maximum feasible reduction of greenhouse gas emissions from passenger vehicles and light trucks. Amendments place some limitations on CARB authority and extend the compliance deadline, but the bill remains a regional command and control approach to a poorly understood, global issue. Previously AB 1058. Oppose Chapter 200, Statutes of 2002 Jeff Sickenger  
AB 2071 (Jackson) Cost Recovery for Public Water Systems As amended, gives public water systems - including private, for-profit entities - guaranteed rights of cost recovery related to cleanup of contaminated drinking water supplies. One-way guarantee of attorneys fees and court costs would be used as leverage against responsible parties to force out of court settlements. Oppose Assembly Floor, Inactive File Jeff Sickenger  
AB 2141 (Firebaugh) Public Participation in Site Cleanup Imposes a superfund-scale public participation process on cleanup actions at hazardous waste and hazardous material release sites. The Department of Toxic Substances Control (DTSC) opposes the bill because it limits their discretion to tailor public participation requirements on a site-specific basis and would impose close to $2 million in new costs on the agency. Oppose Assembly Floor, Inactive File Jeff Sickenger  
AB 2214 (Keeley) Low Level Radioactive Waste Requires DHS to adopt new standards for storage facility design, effectively prohibiting shallow land burial, and prohibits use of the state (DHS)-licensed Ward Valley disposal site. Watch Chapter 513, Statutes of 2002 Jeff Sickenger  
AB 2237 (Chu) Toxicx in Packaging Prevention Act Establishes maximum concentrations for lead, cadmium, mercury and hexavalent chromium ("chrome 6") in packaging as of 1/04. Essentially a federal conformity measure. Watch Assembly Appropriations Jeff Sickenger  
AB 2290 (Kehoe) California Environmental Quality Act Expansion Limits lead agency discretion to use expedited environmental review procedures for any project that could impact a wetland or "special aquatic site". Result would be additional cost, project delays and ultimately more CEQA litigation. Oppose Assembly Floor, Failed Passage Jeff Sickenger  
AB 2312 (Chu) Environmental Justice Small Grant Program Requires Cal-EPA to disperse grant monies to community-based organizations working on local environmental problems. Amendments prohibit inappropriate uses of state grant money, including litigation of any kind, and challenging state administrative actions, such as project permits. Neutral as Amended Chapter 994, Statutes of 2002 Jeff Sickenger  
AB 2351 (Canciamilla) Mandatory Minimum Penalty Law Cleanup Creates new exemptions for startup of biological wastewater treatment systems and single operational upsets that result in multiple permit violations. Also allows regional boards to direct up to 50% of penalty monies to water quality improvement projects. This bill is a very modest attempt at mitigating the adverse impacts of California's mandatory minimum penalty law on wastewater treatment facilities. Support Chapter 995, Statutes of 2002 Jeff Sickenger  
AB 2479 (Jackson) Chemical Security Creates duplicative hazardous materials management authority under DTSC and requires hazardous waste generators handling "substances of concern" to evaluate and report on inherently safer systems. Also establishes a new and duplicative Terrorism Response Force, made up only of state agencies, and requires public disclosure of sensitive information concerning locations and volumes of hazardous materials storage. Oppose Assembly Appropriations Jeff Sickenger  
AB 2486 (Keeley) Environmental Prosecution Expands existing hazardous materials training program to include implementation and enforcement of environmental laws. Also, continues the Cal-EPA "Environmental Prosecutor Project", established in 1998, by allowing the state to contract with a "private, non-profit organization comprised of local prosecutors" to assist rural DA's in prosecuting violations of environmental laws. Neutral as Amended Chapter 1000, Statutes of 2002 Jeff Sickenger  
AB 2637 (Cardoza) Smog Check 2 Mandates Smog Check 2 in the San Francisco Bay Area. Driven by concerns about transport of Bay Area mobile source emissions contributing to ozone pollution in the San Joaquin Valley. Amendments delay implementation to facilitate a review of an U.C. Riverside study indicating that the tradeoff for negligible benefits in the Valley could be worse ozone pollution in Contra Costa County. Watch Chapter 1001, Statutes of 2002 Jeff Sickenger  
AB 2682 (Chu) and SB 1994(Soto) California Clean Communities and Petroleum Pollution Cleanup Act of 2002 Imposes a 30 cent-per-barrel tax on crude oil to fund diesel retrofit/replacement programs and a cleanup account for petroleum contaminated ground and surface waters. Bills would raise $191 million for largely duplicative purposes at the expense of gasoline consumers. Oppose AB 2682: Assembly Appropriations SB 1994: Senate Appropriations - Reconsideration Jeff Sickenger  
AB 2938 (Simitian) Water Quality Increases the existing waste discharge (NPDES) fee cap from $10,000 to $35,000 to relieve pressure on the General Fund from the state water board's core regulatory programs. Also expands fee base to include municipal wastewater co-permitees (cities and counties) and confined animal feeding operations. Watch Senate Floor, Inactive File Jeff Sickenger  
SB 469 (Alpert) Total Maximum Daily Loads Requires the State Water Board to issue guidance for regional boards on listing and delisting waterbodies pursuant to federal Clean Water Act requirements. Also requires the State Board to issue guidance on TMDL development and implementation. Support Chapter 20, Statutes of 2002 Jeff Sickenger  
SB 1393 (Kuehl) California Environmental Quality Act Formerly a Romero measure banning the sale of chromated copper arsenate (CCA) treated wood by 2004. Amended in the last few days of session to carry language from Senator Kuehl's SB 1622 dealing with CEQA-certified regulatory programs. CMTA did not have a position on SB 1622. Watch Chapter 1121, Statutes of 2002 Jeff Sickenger  
SB 1444 (Kuehl) Radioactive Contaminated Property Limits local land use discretion and DHS discretion on cleanup standards. Establishes a 10-6 cancer risk threshold for cleanup of radioactive contaminated properties and prohibits consideration of land use restrictions in risk assessments. Oppose Assembly Floor, Failed Passage Jeff Sickenger  
SB 1523 (Sher) CRT Recycling Establishes an advance disposal fee for cathode ray tubes (used in TVs and computer monitors) to finance collection and recycling infrastructure. Amendments cap fee at $10/unit and require out-of-state manufacturers selling into California to collect the fee, despite logistical barriers. Ultimately, in-state manufacturers would have to absorb another cost not borne by their out-of-state competitors. Oppose Vetoed by the Governor Jeff Sickenger  
SB 1526 (Romero) Zero Waste Establishes a "zero waste" goal for IWMB programs and a tax on all hazardous waste destined for out of state disposal to fund electronic waste management programs. Oppose Senate Floor, Inactive File Jeff Sickenger  
SB 1542 (Escutia) Environmental Justice Amendments require consideration of environmental justice issues related to new landfill location in the siting element of General Plans. Watch Chapter 1003, Statutes of 2002 Jeff Sickenger  
SB 1572 (Sher) Prop. 65 Prop. 65 reform spot bill. Watch Chapter 323, Statutes of 2002 Jeff Sickenger  
SB 1619 (Romero/Sher) Electronic E-Waste Recycling and Labeling Amendments address expenditure of moneys from the SB 1523 CRT recycling fund. Toxics labeling provisions removed in Assembly Appropriations. Bill still establishes arbitrary landfill diversion "goals" that set the stage for mandates if the target rates and dates are not achieved. Oppose Vetoed by the Governor Jeff Sickenger  
SB 1623 (Romero) Low Level Radioactive Waste Disposal "Radiation Safety Act of 2002", effectively prohibits disposal of low level radioactive waste, with the exception of T-NORM, in California. Requires new testing and screening criteria for municipal landfills. Watch Senate Appropriations Jeff Sickenger  
SB 1696 (Knight) Corporate Environmental Fee Amendments narrow the universe of businesses subject to the fee to exclude parttime and seasonal operations. Bill would elminate more than $10 million in annual revenue to DTSC, creating new pressure for increased fees on hazardous waste generators. Oppose unless Amended Senate Environmental Quality, Failed Passage Jeff Sickenger  
SB 1828(Burton) Sacred Sites Amends the California Environmental Quality Act to allow Native American Tribes or the Native American Heritage Commission to veto projects based on alleged adverse impacts to "sacred sites". Bill extends tribal authority to private and public property virtually anywhere in the state. Amendments only allow a lead agency to override a finding of significant impact where the project offers public health and safety benefits. Substantial evidence standard for sacred sites leaves lead agencies with no recourse to challenge a tribe's sacred site determination. Oppose Vetoed by the Governor Jeff Sickenger  
SB 1994 (Soto) and AB 2682 (Chu) California Clean Communities and Petroleum Pollution Cleanup Act of 2002Imposes a 30 cent-per-barrel tax on crude oil to fund diesel retrofit/replacement programs and a cleanup account for petroleum contaminated ground and surface waters. Bills would raise $191 million for largely duplicative purposes at the expense of gasoline consumers. Oppose SB 1994: Senate Appropriations - Reconsideration AB 2682: Assembly Appropriations Jeff Sickenger  
SB 2050 (Sher) Waste Discharge Waivers As a precondition of grating a waste discharge waiver, requires the regional water board to find that the waiver is consistent with the regional water quality control plan and will not cause a violation of applicable water quality objectives. Amendments allow regional board to divert up to 50% of waste discharge pernalty monies to water quality improvement projects. Watch Assembly Appropriations Jeff Sickenger  
SB 2053 (Sher) Air Toxics California Clean Air Act spot bill. Watch Chapter 572, Statutes of 2002 Jeff Sickenger  

LABOR AND EMPLOYMENT    Back to top
 
Bill Description Position Status Staff  
AB 749 (Calderon) Workers' Compensation Administration and Benefits Workers' compensation benefits bill that will cost employers approximately $3.5 billion through 2006 with few substantive reforms. Oppose Signed into Law. Chapter 6, Statutes of 2002 Willie Washington  
AB 1309 (Goldberg) Employment Reports on Gender and Ethnicity This bill would require employers bidding or otherwise soliciting, or that have been awarded, a contract of $50,000 or more with a state or local public agency to file prescribed reports breaking down the composition of their workforce by gender and ethnicity and disclosing recruitment plans and sources. . Oppose Vetoed by the Governor Willie Washington  
AB 1599 (Negrete McLeod) Age Discrimination in Employment This bill would make it an unlawful employment practice, subject to certain exceptions, for an employer on the basis of a person's age to refuse to hire or employ the person, to refuse to select the person for a training program leading to employment, to bar or discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in the terms, conditions, or privileges of employment. Oppose Chapter 525, Statutes of 2002 Willie Washington  
AB 1649 (Goldberg) Discrimination This bill would expand the prohibition on sexual discrimination and harassment by including gender in the definition of sex and would require employers to post EEO reports, recruitment, hiring and breakdown of wages paid by classification. Oppose Senate Floor, Inactive File Willie Washington  
AB 1808 (Richman) Workers' Compensation: Physicians Requires every physician who treats and evalutes injured workers, on or after January 1, 2005, to be certified by the Industrial Medical Council as a Qualified Workers' Compensation Physician (QWCP). Support Failed Passage, Assembly Insurance Willie Washington  
AB 1809 (Richman) Workers' Compensation: Medical Services: Fee Schedule Requires all medical services provided to a worker from the date of injury to be subject to the official medical fee schedule, regardless of the date of injury is accepted as, or determined to be, compensable. Support Failed Passage, Assembly Insurance Willie Washington  
AB 1985 (Calderon) Workers' Compensation Insurance: State Rate Supervision Revises the definition of property and casualty insurer to include, among other things, workers' compensation insurance and provide the Insurance Commissioner with greater authority over insurers premium rates. Oppose Chapter 873, Statutes of 2002 Willie Washington  
AB 2007 (Calderon) California Insurance Guarantee Association Deletes the provisions establishing the premium charged to member insurers at a limit of 1% after September 12, 2002 thereby establishing the premium limit at 2% permanently that insurers could surcharge on employers premiums. Oppose Chapter 431, Statutes of 2002 Willie Washington  
AB 2611 (Richman) Workers' Compensation: Administration and Benefits Provides one method of qualification of a medical doctor or doctor of osteopathy would be for that person to declare under penalty of perjury that he or she has written a specified number of ratable comprehensive medical-legal evaluation reports, and has served as an agreed medical evaluator on 25 or more occasions during each calendar year, as specified. Support Failed Passage, Assembly Insurance Willie Washington  
AB 2752 (Alquist) Be a Manager, Go to Jail Expands the definition of retaliation in the workplace and puts more individuals -- such as managers and supervisors -- at risk of being personally liable for workplace retaliation claims, significantly higher fines and new criminal penalties. Oppose Vetoed by the Governor Willie Washington  
AB 2837 (Koretz) Safety in Employment Requires DOSH provide bilingual person to provide information and services to non-English speaking persons, and interpreters at specified hearings, interviews and inspections related to occupational safety and health. Oppose Chapter 885, Statutes of 2002 Willie Washington  
AB 2845 (Goldberg) Safety in Employment Requires revision of ergonomic standards to reduce repetitive motion injuries in the workplace. Oppose Vetoed by the Governor Willie Washington  
AB 2868 (Wright) Consumer Reporting Clarifies when notification of background investigations would have to be provided to employees and applicants for employment. Support Chapter 1029, Statutes of 2002 Willie Washington  
AB 2957 (Koretz) Employment: Mass Layoffs, Relocations and Terminations Precludes employers from ordering mass layoff, relocation or termination, as defined, of an industrial or commercial facility employing a prescribed nubmer of people, without first giving 60 days notice to affected employees and specified government agencies. Oppose Chapter 780, Statutes of 2002 Willie Washington  
AB 2987 (Labor & Employment Committee) Violations: Fine Increases Substantially increases the Labor Code misdemeanor violations where the fine is unspecified from $2,000 to $5,000 and more than doubles the amount of numerous fines and penalties. Oppose Vetoed by the Governor Willie Washington  
AB 2989 (Labor & Employment Committee) Wages: Severance Pay Grants severance pay entitlement to the employees of an employer who reloctes or terminates a qualifying industrial or commercial facility, uner specified conditions, or who lays off employees of such a facility. Oppose Vetoed by the Governor Willie Washington  
AB 2990 (Labor & Employment Committee) Employment: Retaliation Creates a rebuttable presumption affecting the burden of proof that the provisions of existing law were violated if a person discharges, demotes, suspends or reduces the hours or work or pay of an employee within 90 days after the employee has exercised his or her rights under the Labor code. Oppose Vetoed by the Governor Willie Washington  
SB 599 (Chesbro) Health Plan Coverage for Substance-Use Disorders Requires employer health care service plants to provide coverage for substance-use disorders on same basis as any other medical care. In addition to increasing health care cost, this bill may undermine workplace safety. Oppose Assembly Floor, Inactive File Willie Washington  
SB 604 (Vasconcellos) Health Care Service Plans and Disability Insurers Requires plans to provide an annual physical examination to each enrollee without a copayment or deductible, negating a key cost containment provision. Oppose Assembly Health Willie Washington  
SB 783 (Escutia) Whistleblower: Expands Coverage & Penalties Expands existing whistleblowers protection to employees who report or disclose a violation of a state or federal rule or refuse to participate in an activity that would result in a violation of a state or federal statute subject to a $100,000 penalty. SB 783 was previously SB 1452. Oppose Vetoed by the Governor Willie Washington  
SB 1128 (Kuehl) Unemployment Insurance: Employee Status This bill would provide that determination of who is an employee (to receive unemployment compensation benefits) will be governed by a specific ruling by the Calif. Supreme Court, and that a determination that a person is an employee should only be made if required by that ruling and if the goals of the Unemployment Insurance Code would be met by imposing the risk of unemployment directly on that person. Oppose Assembly Insurance Willie Washington  
SB 1245 (Alarcon) Unemployment Insurance: Extended Benefits Revises provisions with respect to the calculation of rates of insured unemployment during prolonged periods of cyclical and technological unemployment. Oppose Senate Floor, Inactive File Willie Washington  
SB 1471 (Romero) Sick Leave If an employer maintains an absence control policy that counts sick leave used to attend to an illness or a child, parent, spouse, or domestic partner as a basis for discipline, discharge, demotion, or suspension, the policy would be a per se violation of the law, entitling an employee working under the policy to appropriate relief. Oppose Chapter 1107, Statutes of 2002 Willie Washington  
SB 1661 (Kuehl) Disability Compensation: Family Temporary Disability Insurance Provides disability compensation for any individual who is unable to work due to the employee's own sickness or injury, the sickness or injury of a family member, or the birth, adoption or foster care placement of a new child. Oppose Chapter 901, Statutes of 2002 Willie Washington  
SB 1829 (Polanco) Workers' Compensation: Vocational Rehabilitation: Settlement Plan Agreements Allows employers to enter into a settlement plan agreement with a one-time payment for injuries occurring on or after January 1, 2003 for the amount not to exceed $10,000. Oppose Senate Labor and Industrial Relations Willie Washington  
SBX3 2 (Alarcon) Unemployment Insurance: Benefits Compensation This bill would allow existing and new claims filed on or after September 11, 2001, and prior to January 1, 2003 to receive the higher benefit amount retroactively. Oppose Chapter 4, 2001-2002 3rd Extraordinary Session Willie Washington  

INFRASTRUCTURE    Back to top
 
Bill Description Position Status Staff  
AB 1284 (Lowenthal) Housing Provides revenue incentives to local governments of jurisdictions within specified job centers for approving and building workforce housing. Support Senate Appropriations Dorothy Rothrock  
AB 2958 (Wright/John Campbell) Telecommunications Maintains California's current telecommunications regulatory structure, the New Regulatory Framework (NRF) for the next four years. Sponsor Senate Energy, Utilities and Communications Joe Lyons  
SB 910 (Dunn) Housing Imposes sanctions on local jurisdictions which chronically fail to plan their housing needs. Support Assembly Housing and Community Development Dorothy Rothrock  

TAXATION    Back to top
 
Bill Description Position Status Staff  
AB 81 (Migden) Property Tax Assessment: Power Plants Changes the property tax assessment jurisdiction for power plants from local counties to the state. Oppose Signed into Law. Chapter 57, Statutes of 2002 Matt Sutton  
AB 131 (Corbett) Selective Pension Conformity for Public Employees Selectively conforms to the provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 only for the benefit of public employees. Provides conformity to the retirement provisions for public employees only. Neutral Signed into Law. Chapter 30, Statutes of 2002 Matt Sutton  
AB 278 (Assembly Jobs & Econ Dev Committee bill) Income/Bank and Corporation Taxes: MIC CMTA-sponsored measure to provide economic stimulus. Exempts equipment purchased for use in manufacturing, research and development, and broadband deployment from 5 cents of sales/use tax (the state's portion of the tax). Sponsor Senate Revenue and Taxation Matt Sutton  
AB 934 (Hertzberg) Property Tax Appeals: Trial De Novo Changes the judicial standard of review of property tax assessments to review all admissible evidence: trial de novo. Support Senate Rules Matt Sutton  
AB 1121 (Cardoza) Corporate Expatriation This bill was amended on August 5th. It prohibits the state from contracting with companies that enter a corporate expartiation transaction. This "Investment and Shareholder Protection Act of 2002" is intended to punish California companies that domicile themselves offshore in order to avoid corporate taxes. Senate Judiciary Matt Sutton  
AB 1122 (Corbett) Conformity Under existing Personal Income Tax Law and the Bank and Corporation Tax Law, a taxpayer, generally, has the option to treat specified transactions differently than the manner in which the transaction was elected to be treated for federal income tax purposes. This bill would provide, with specified exceptions, that any election made for federal income taxes would apply for state income tax purposes. Support Chapter 35, Statutes of 2002 Matt Sutton  
AB 1744 (Corbett) Conformity to Federal Law Conforms to changes in federal tax code re: contributions to pension and education plans (support). Conforms to federal laws eliminating certain deductions. Requires taxpayers to conform California elections to those taken for federal purposes (oppose). Mixed (part support; part oppose) Assembly Appropriations Matt Sutton  
AB 1834 (Wyland) Income & Bank & Corporation Taxes: Net Operating Losses Partially conforms California NOL law to federal by increasing carryforward to 75%. Sponsor Assembly Appropriations Matt Sutton  
AB 1846 (Correa/ Florez) Enterprise Zones Extends the life of enterprise zones by five years. Support Senate Revenue and Taxation - Failed Passage Matt Sutton  
AB 2304 (Wyman) Aircraft Manufacturing Tax Credits Creates a wage credit for taxpayers located in California that are under an initial contract or subcontract with a private commercial or general aviation company (among others) to research, develop, manufacture, test, distribute or refurbish property for use in aircraft Support Assembly Revenue and Taxation Matt Sutton  
AB 2560(Vargas) Single Sales Factor Requires businesses doing business within and outside of California to apportion business income to California by use of the single sales factor (SSF). Neutral Assembly Appropriations Matt Sutton  
AB 2744 (Thomson/Chan) Alcohol Tax Newly amended bill to increase the surtax imposed on beer, wine, sparkling cider, and distilled spirits. The bill also imposes a NEW tax on sparkling wines. The intention of this bill is to fund general health care programs. The bill would take effect immediately and will require a 2/3 vote of both houses of the legislature. Oppose Assembly Health Matt Sutton  
AB 2942 (Koretz) Employer Audits: Labor Violations Requires the Labor Commissioner to develop standards for labor violations which would trigger an audit of employers by the FTB. If an employer is alleged to have violated wage/hour standards - and meets certain criteria - an audit could be triggered. Oppose Senate Labor and Industrial Relations Matt Sutton  
ABX2 2 (Corbett) Electrical Power Generation Windfall Profits Tax Imposes a gross receipt tax on generators of electric power for amounts exceeding $60 per kilowatt based upon a three tier structure. Applies to co-generation as well as those primarily in the business of selling electricity. Oppose Assembly Floor, Died Matt Sutton and Joe Lyons  
ABX2 29 (Koretz) Income/Bank and Corporation Taxes: Power Generation Creates a new credit based on investment in power generation equipment. Support Died in Assembly Appropriations Matt Sutton and Joe Lyons  
SB 657 (Scott) Conformity to Federal Law Conforms to changes in federal tax code re: contributions to pension and education plans. Support Chapter 34, Statutes of 2002 Matt Sutton  
SB 1256 (Brulte) Income and Bank and Corporation Taxes Conforms California tax law to new federal limits on individual retirement contributions. Support Senate Revenue and Taxation Matt Sutton  
SB 1400 (Romero) Taxation: Judicial Relief Eliminates the prepayment condition now imposed on taxpayers seeking judicial access to resolve tax disputes with the FTB. Sponsor Senate Revenue and Taxation Matt Sutton  
SB 1417 (Romero) Alcohol Tax This bill was introduced, but never taken before a policy committee for review. The bill was a legislative intent bill only, to enact legislation to establish a nexus between the consumption of alcoholic beverages, determine the imposition of a fee on the retail sale of alcoholic beverages to mitigate adverse health effects resulting from those sales, and determine the relationship between the fee imposed on the retail sale of alcoholic beverages to the social and economic burdens generated by the retail sale of alcoholic beverages. On Tuesday, May 21st, Senator Romero held a press conference at the state capitol to unveil her "plans to save CA's Trauma Centers and Emergency Rooms" through legislation that "will charge companies that distribute alcohol in California a 5-cent fee per alcoholic beverage distributed in CA." While SB 1417 is not a viable vehicle, we do expect this proposal to surface in another bill vehicle. Oppose Senate Rules Matt Sutton  
SB 1520 (Ortiz) Soda This bill would have imposed a tax on soda pop drinks and syrup sold in this state to fund obesity prevention programs. It has been amended to prohibit sales of carbonated beverages starting in elementary schools on January 1, 2004; middle and junior high schools in 2005; and high schools in 2007. Neutral Senate Education, Failed Passage Dorothy Rothrock and Matt Sutton  
SB 1662 (Peace) Split Roll Property Tax/Revenue Stream Restructuring The bill states legislative intent to require that nonresidential property must be reassessed whenever 50 percent or more of its ownership changes, reduce capital gains tax, and broaden sales tax base and reduce rates. Senator Peace introduced this intent bill because of his belief that the current revenue stream for the state is too volatile and must be restructured. Oppose Split Roll Intent Assembly Desk Dorothy Rothrock and Matt Sutton  
SB 1890 (Ortiz) Tobacco Use Reduction and Compensation Act of 2002 This bill would increase the excise tax on tobacco products $.65 per pack to fund programs for smoking prevention, education and research, medical and preventative health services for low-income and uninsured individuals, and the expansion of medical insurance coverage for the uninsured. Oppose Senate Revenue and Taxation Dorothy Rothrock  
SBX2 1 (Soto/Scott) Electrical Power Generation Windfall Profits Tax Requires the processor of electricity sales (such as the ISO) to withhold from its payment to the electricity seller, the amount of the purchase price that exceeds an amount set by the PUC. That excess is to be paid to the FTB. The excess is to be used to fund an income tax credit for personal income taxpayers. Oppose Assembly Floor, Died. Matt Sutton and Joe Lyons  

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