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Legwatch 2005-06
| Corp. counsel (43 bills) Energy (21 bills) | Environmental qual. (65 bills) Govt. Relations (3 bills) Labor, employment (35 bills) | Tax (60 bills) Worker's comp. (11 bills) |
| ENERGY CMTA lobbyist: Joe Lyons, (916) 498.3341 | Position | Status | Renewable Portfolio Standard | AB 1585 (Blakeslee) Requires the CEC to include in the Integrated Energy Policy Report to be adopted Nov. 1, 2007, a review of the feasibility of increasing the target for the amount of electricity to be procured from eligible renewable energy resources to 33% by the year 2020. Chapter 579, Statutes of 2005. Bill text at www.leginfo.ca.gov Watch | Signed by Gov. | | Imported Electricity Air Pollution Mitigation Fee | AB 2388 (Vargas ) Requires any entity that imports electricity into the state to pay up to a $0.001 per kilowatt hour air contaminant emission fee for that electricity. Would apply to energy coming from any power plant within 100 km of the border that first produced electricity after January 1, 2007 and was not constructed to meet all existing California air pollution regulations and standards, including, but not limited to, best available control technology (BACT) and any offsets that would be required under California law to mitigate any additional pollution. While the bill may be well-intentioned, there are serious concerns about its legality as well as its practicality. Such a fee, or tax, would likely conflict not only with the North American Free Trade Agreement (NAFTA) treaty, but also the commerce clause of the United States Constitution. It is unclear how the bill would be administered. While load serving entities, such as utilities and energy service providers, may enter into contracts for energy, often these contracts are not unit specific. Energy contracts generally include a mix of generation sources and the amount of energy from those different sources may vary over time of day, time of year, and the length of the contract. Because of the way the electricity system is structured in California, it is unclear how the state would impose such a fee, and upon whom. Bill text at www.leginfo.ca.gov Oppose | Failed passage | | Renewable Portfolio Standard | SB 107 (Simitian) Accelerates the RPS 20% requirement to 2010, instead of 2017. Requires each retail seller, as defined, increase its total procurement of eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales are procured from eligible renewable energy resources no later than December 31, 2010. "Retail seller" is defined as an IOU, community aggregator or ESP. Additionally, requires the CEC to establish a renewable energy credit trading program and to develop tracking, accounting, verification and enforcement mechanisms for the program. Passed Senate. Bill text at www.leginfo.ca.gov Watch | Signed by Gov. | | Hydrogen Fuel Performance Standards | SB 1505 (Lowenthal) Requires CARB, by July 1, 2007, to adopt performance standards for state-financed hydrogen stations so that 33.3% of hydrogen produced or dispensed at state funded fueling stations is made from renewable resources, and when the production of hydrogen dispensed for transportation purposes in the state exceeds 500,000 kilograms, to adopt performance standards for all hydrogen dispensed for transportation purposes. Requires CARB to adopt regulations ensuring that state funding for hydrogen fuel production as described in the California Hydrogen Highway Blueprint contributes to reduction of GHG emissions, criteria air pollutant emissions, and toxic air contaminants. This bill would hinder efforts to develop hydrogen as a transportation fuel in this state. Bill text at www.leginfo.ca.gov Oppose | Signed by Gov. | | Vehicular Air Pollution Biodiesel Blend Fuels | SB 1675 (Kehoe) Requires, commencing January 1, 2008, all diesel fuel sold or offered for sale in the state for use in internal combustion engines to contain at least 2% biodiesel fuel and, commencing January 1, 2010, all diesel fuel sold or offered for sale in the state for use in internal combustion engines to contain at least 5% biodiesel fuel. The bill permits the ARB to adopt regulations to grant exemptions if it finds that engine performance, engine emissions, or both, would be adversely affected by the standards, or if it finds that those standards are not economically feasible. The bill also permits the ARB to temporarily suspend those requirements if fuel supplies are shown to be inadequate. Bill text at www.leginfo.ca.gov Oppose | Failed passage | | LNG permitting | SB 426 (Simitian)  Track this grassroots billEstablishes a permitting process at the CEC to evaluate and rank every proposed liquefied natural gas (LNG) terminal and directs the Governor to disapprove an application for a license to construct and operate a LNG facility unless the proposed facility is evaluated and ranked, as specified, and the site is one of the two highest ranked sites pursuant to the act, and the Governor determines that among the available feasible technologies the technology chosen for a particular site minimizes adverse public health, safety, and environmental impacts. Requires that the evaluation be commenced by January 1, 2006. This bill would needlessly delay the permitting of LNG in California. Bill text at www.leginfo.ca.gov Oppose | Failed passage | ENVIRONMENTAL QUALITY | CMTA lobbyist: Mike Rogge, (916) 498.3313 Position | Status | Alternative Fuels | AB 1007 (Pavley) Amended to simply require the State Air Resources Board to develop a plan to increase the use of alternative fuels by 1/1/07. Chapter 371, Statutes of 2005. Bill text at www.leginfo.ca.gov Neutral | Signed by Gov. | | Rechargeable Battery Recycling Act | AB 1125 (Pavley) Requires retailers of rechargeable batteries (nickel cadmium, mercuric oxide, etc.) to accept and collect their return for reuse, recycling or proper disposal. Chapter 572, Statutes of 2005. Bill text at www.leginfo.ca.gov Oppose | Signed by Gov. | | Hazardous Waste Mercury Relays, Switches and Lead Jewelry | AB 1415 (Pavley) Prohibits the sale or distribution of mercury relays and switches, lead in jewelry and lead or cadmium in tableware unless under specified conditions. Amended to pertain only to Mercury relays and switches. Further amended to exclude specific products and applications. Chapter 578, Statutes of 2005. Bill text at www.leginfo.ca.gov Neutral | Signed by Gov. | | Green Building Guidelines | AB 2160 (Lieu) CMTA was in support until the bill was amended to require the Sustainable Building Task Force to define a life cycle cost assessment methodology to be used with respect to state building design and construction as well as private sector commercial development. Bill text at www.leginfo.ca.gov Neutral | Signed by Gov. | | Refineries Pressure Relief Valves | AB 2880 (Lieu) This bill was a gut and amend from a bill, which CMTA opposed, dealing with the California Integrated Waste Management Board and state buildings. The bill now requires the board, in consultation with the State Energy Resources Conservation and Development Commission and other relevant State agencies, to gather, analyze, and make available to the public, in part through a website, public resources about green buildings. It would require the board to establish an advisory committee and seek the advice of the committee in developing, maintaining and updating the website. Although this bill is no longer of concern to CMTA members, CMTA would rather see the Energy Commission guiding the development of these guidelines. Bill text at www.leginfo.ca.gov Watch | Failed passage | | Electronic Waste | AB 3001 (Pavley) Extends the ban on electronic appliances which can be sent to landfills to include personal computers and creates an additional recycling program mandating a $6, $8, or $10 recycling fee on the sale of each new or refurbished device depending on screen size. CMTA has members on both sides of this issue. Bill text at www.leginfo.ca.gov Neutral | Failed passage | | Air Pollution Marine Port Emissions | SB 1601 (Lowenthal) Requires the ports to demand implementation of "Best Available Control Technology" upon new leases or lease renewal, regardless of cost, jurisdiction or feasibility. The author did not bring the bill up for a vote on the floor of the Senate. Failed passage on Senate Floor. Bill text at www.leginfo.ca.gov Oppose | Failed passage | | Marine Terminal Air Emissions | SB 1829 (Lowenthal) Imposes a $250 fine/transaction on ports which do not load and unload trucks within 30 minutes, from the time the vehicle enters the gate until the time it exits. Fines could total in the neighborhood of 500 million dollars for the Ports of Long Beach and Los Angeles alone. Bill text at www.leginfo.ca.gov Oppose | Failed passage | | Rail Cars Hazardous Materials | SB 419 (Simitian) Imposes unworkable registration and compliance requirements for rail tank cars used to carry materials essential to California's economy without improving the security of these cars. The bill requires the creation of a costly "California only" standard for rail cars in the name of increasing security (yet the bill contains no provisions that would actually achieve better security). Uniform, national safety efforts are currently in place and are being further refined both by public and private sector stakeholders. If enacted, this bill would severely hamper the ability to deliver via rail tank cars a wide array of raw materials, fuels, gases, and other materials that are essential to countless industries, public agencies (such as drinking water disinfection facilities), farms, and rural consumers (who largely rely on propane to heat their homes). This bill will likely be pre-empted by federal statutes governing the manufacture, use, transportation and inspection of tank cars that carry hazardous materials. Amended to relieve CMTA concerns. Bill text at www.leginfo.ca.gov Neutral | Failed passage | | Air Quality Element in General Plans | SB 44 (Kehoe) Forces cities and counties to take on and pass on new and redundant air quality management responsibilities and obligations that bear little on the goal of improving the state's air quality. SB 44 would mandate that local governments either adopt an air quality element as part of their general plans or amend those plans to include air quality assessments in all existing elements of their general plans. Local governments currently have the option of adopting an air quality element as part of their general plans, something they pursue as needed. The imposition of this new and unneeded state requirement will not only produce a new drag on local general plans and the ability to act on them, but will additionally create new opportunities for litigation. With its new state mandate for local general plans, SB 44 invites unlimited opportunities for legal challenges through existing authority regarding the consistency of those plans, and through new rounds of environmental review by re-triggering the California Environmental Quality Act. There's been no action on this bill this year. There was no action on this bill until late August when it was gutted and amended to relate to vehicle dealer documents. Bill text at www.leginfo.ca.gov Neutral | Failed passage | | Netherlands Toxic Substance List | SB 490 (Lowenthal) Commissions OEHHA to work with the Netherlands to put together a reconciliation of their list of substances posing hazards to public health minus California's Prop 65 and submit a report to the legislature by 3/1/06. There's been no action on this bill this year, but it's still listed as active. It is not scheduled to be heard before the second house committee deadline of June 30, 2006. Amended to relieve CMTA concerns. Bill text at www.leginfo.ca.gov Neutral | Signed by Gov. | | Water Quality | SB 729 (Simitian) There were numerous problems with this bill. It did not qualify the Regional Boards proposed requirement to post claims on its website. In addition, the cost would be prohibitive. TMDL listing policy would be reopened and revised based on a very subjective set of criteria. The regional boards would be reconstructed virtually eliminating representation of local government or regulated parties. Numeric limits would be imposed on stormwater permit holders. A standard of strict liability for violators would be imposed regardless of whether water quality was threatened or if the violation could have been reasonably avoided. It appeared that many of CMTA's concerns were being taken into consideration by the author until it was amended again. The bill now eliminates consideration of economics, housing, water recycling and other factors by regional boards in issuing waste discharge requirements. This bill was again amended on 8/7/06 and CMTA's concerns were satisfied. Bill text at www.leginfo.ca.gov Neutral | Signed by Gov. | | Ports Container Fees | SB 760 (Lowenthal) Levies a $60 per container tax on all containers processed at the Ports of Los Angeles and Long Beach. Not only does this bill violate the U.S. Constitution and basic international law, it would put the state's largest ports at a competitive disadvantage. The fees required by SB 760 would likely force shippers to look for more cost-effective alternatives to California ports, damaging our state's economy and pollution as goods will likely enter California through other, more polluting means. Given the nearly $20 billion in bonds that will be presented for a vote in November, we must continue to encourage additional investment by the private sector, not discourage it. Rumor is that this bill will come off the Suspense File in Appropriations and move to the floor. In late Aug., the bill stalled in Assembly Appropriations. It was amended into SB 927 to reach the Assembly floor. Bill text at www.leginfo.ca.gov Oppose | Failed passage | | Vehicular Sources Intermodal Port Congestion | SB 762 (Lowenthal) Creates the Los Angeles-Long Beach Intermodal Joint Powers Authority and the Oakland Area Intermodal Joint Power Authority to manage congestion at these ports. This legislation ignores the PierPass program which began being phased in during June of last year. This bill creates additional government and would increase financial burdens. There's been no action on this bill this year. Bill text at www.leginfo.ca.gov Oppose | Failed passage | | Emissions at Ports of LA and Long Beach | SB 764 (Lowenthal) One of 15 bills this session relating to ports and goods movement. SB 764 is similar to AB 2042, vetoed by the Governor last year. This bill requires the Ports of LA and Long Beach to develop a baseline for air quality for their respective ports; discuss potential mitigation and control measures to reduce emissions from ports sources; develop a date for which the port will meet their 2001 baseline for each source listed, but must meet their baseline no later than January 1, 2008. This bill requires the ports to control emissions of sources over which they have no control, will restrict future growth at the ports by establishing an arbitrary baseline that can-not be met (the 2001 baseline required in the bill has already been exceeded -- the port is already behind, and conflicts with the Air Resources Board's regulatory efforts already ongoing to regulate emissions at the ports, and an MOU requested by the Governor to reduce emissions from federally regulated ships, trains and trucks. This bill has become active again and could threaten the use of funds appropriated in the budget for pot mitigation purposes. Bill text at www.leginfo.ca.gov Oppose | Failed passage | | Ports Container Fees | SB 927 (Lowenthal) In late Aug., SB 760 (Lowenthal) stalled in Assembly Appropriations. It was amended into SB 927 to reach the Assembly floor. SB 927 now levies a $60 per container tax on all containers processed at the Ports of Los Angeles and Long Beach. Not only does this bill violate the U.S. Constitution and basic international law, it would put the state's largest ports at a competitive disadvantage. The fees required by SB 760 would likely force shippers to look for more cost-effective alternatives to California ports, damaging our state's economy and pollution as goods will likely enter California through other, more polluting means. Given the nearly $20 billion in bonds that will be presented for a vote in November, we must continue to encourage additional investment by the private sector, not discourage it. Bill text at www.leginfo.ca.gov Oppose | Vetoed by Gov. | GOVERNMENT RELATIONS | CMTA lobbyist: Dorothy Rothrock, (916) 498.3319 Position | Status | California Commission on Industrial Innovation | AB 2860 (Lieu) Track this grassroots billRevives a 25-year old commission formed by then-Gov. Jerry Brown and made permanent by SB 888 (Al Alquist) that faced twin challenges of foreign competition and domestic industrial obsolescence. It was made up of representatives from the public sector, business, labor and academia. The new commission would have an updated mission beyond computers and information technology looking forward to biotech, nanotechnology and advanced "lean" manufacturing of all types, ensuring the capture by California of high-wage employment and new investments that will be made in cutting-edge, new technology manufacturing. CMTA-Sponsored. Bill text at www.leginfo.ca.gov Support | Failed passage | LABOR AND EMPLOYMENT | CMTA lobbyist: Willie Washington, (916) 498.3322 Position | Status | Unemployment Insurance Trade Disputes | AB 2209 (Pavley) Imposes a new penalty on employers if they are found to have committed any fraud, misrepresentation or misconduct during a lock-out. Employers will be subject to a penalty equal to the amount of any lost wages and benefits that the aggrieved employee would have been entitled to had they not been locked out. Bill text at www.leginfo.ca.gov Oppose | Vetoed by Gov. | | Minimum Wage Increase | SB 1162 (Cedillo) Track this grassroots billIncreases the state minimum wage to $7.25 per hour beginning on 7/1/2007, and then to $7.75 per hour beginning on 7/1/2008. Thereafter, the minimum wage would increase annually based on an undefined indexing method. In late August, the bill was gutted and amended to relate to drivers' licenses. Bill text at www.leginfo.ca.gov Neutral | Failed passage | TAX CMTA lobbyist: Matt Sutton, (916) 498.3318 | Position | Status | Methamphetamine Labs | SB 421 (Simitian) Imposes a "fee" on manufacturers of ephedrine and pseudoephedrine because there is a "nexus" between PSE and the manufacturer of methamphetamine. SB 421 would make legitimate manufacturers offset costs of illegal labs to the counties and state. This is an example of the "Sinclair Paint" issue. If it were a "tax" rather than a "fee", this bill would require a 2/3 vote rather than a simple majority to pass. 2-Year Bill. Bill text at www.leginfo.ca.gov Oppose | Failed passage | WORKERS' COMPENSATION | CMTA lobbyist: Willie Washington, (916) 498.3322 Position | Status | Workers' Compensation Treatment Limits | AB 1209 (Yee) Track this grassroots billDeletes provisions in current law that limit the number of physical therapy, occupational therapy and Chiropractic treatments that are allowed under a workers' compensation claim. Current law limits all of these modalities to 24 sessions. This bill would delete those provisions entirely. Bill text at www.leginfo.ca.gov Oppose | Failed passage | | Workers' Compensation Medical Provider Networks | AB 2585 (Pavley) Prohibits contracts between a payor and a health care provider to treat the payor's insureds, enrollees, or beneficiaries from also requiring the health care provider to treat injured workers under the workers' compensation system. Also allows health care providers currently under this type of contract to unilaterally void any such provision. Bill text at www.leginfo.ca.gov Oppose Unless Amended | Failed passage | | ||||||||||||||||||||||||