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CMTA legislative database
Legwatch 2007-08

Corp. counsel (35 bills)
Energy (27 bills)

Environmental qual. (47 bills)
Govt. Relations (0 bills)
Labor, employment (21 bills)

Infrastructure (2 bills)
Tax (65 bills)
Worker's comp. (17 bills)

2009-10 Legislative session bills are here



CORPORATE COUNSEL CMTA lobbyist: Matt Sutton, (916) 498.3318	Position	Status
Personal Information Security Breaches AB 1656 (Jones) Prohibits a person, business, or agency that sells goods or services to any resident of California and accepts as payment a credit card, debit card, or other payment device, from storing, retaining, sending, or failing to limit access to payment-related data, retaining a primary account number, or storing sensitive authentication data subsequent to an authorization. Bill text at www.leginfo.ca.gov	Watch	Vetoed by Gov.

Personal Information Security Breaches AB 1779 (Jones) Current law requires any state agency, or a person or business that conducts business in California (that owns or licenses computerized data that includes personal information) to disclose any breach of the security of that data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law allows for that disclosure by written notice, electronic notice, or by substitute notice-which, if utilized, also requires notification to major statewide media. This bill requires that if a substitute notice is issued then that notice must also be provided to the Office of Privacy Protection. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Class Action Certification Appeals AB 1905 (Adams) Adds to the list of actions that may be appealed under Section 904.1 of the Code of Civil Procedure a decision regarding class certification. This would allow both sides in a class action lawsuit the same right. Federal law (Federal Rule of Civil Procedure 23 (f) allows a defendant to request an appeal. Several states already allow interlocutory appeal of class certification. These states include: South Carolina, Ohio, Missouri, Texas, Kansas, Alabama, Georgia, and Colorado. Bill text at www.leginfo.ca.gov	Support	Failed passage

Court Records Appeals Attorneys Fees AB 2379 (Evans) Removes the direct appeals review for sealing private documents and replaces it with a review only by a discretionary writ. Allows the award of attorney's fees to any prevailing plaintiff. Bill text at www.leginfo.ca.gov	Neutral	Vetoed by Gov.

Social Security Numbers AB 2383 (Ruskin) Prohibits a retail business from soliciting, requiring, or using an individual's social security number for any purpose unless that number is necessary for that business's normal course of business and there is a specific use for that number for which no other number may be used. Bill text at www.leginfo.ca.gov	Watch	Failed passage

Drug Marketing Gifts AB 2821 (Feuer) Prohibits any pharmaceutical company or agent from offering or giving a gift, or combination of gifts that have a total value of more than $250 to a medical or health professional under most circumstances. The bill would, effective July 1, 2009, require each pharmaceutical company to annually file a report with, and pay a prescribed fee to, the State Department of Public Health that identifies all permitted gifts, financial support, payments, honoraria, or other compensation paid to medical or health professionals during the proceeding year. The department would be required to make the information contained in the reports available to the public. The bill would establish the Pharmaceutical Gift Disclosure Fund within the State Treasury, into which the fee would be deposited, the moneys of which would be available upon appropriation by the Legislature, to the department. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Employment Damages AB 2874 (Furutani) Deletes the $150,000 limitation on actual damages that may be assessed by the California Fair Employment and Housing Commission against a respondent who violates the California Civil Rights Act of 2005, as an unlawful practice. Bill text at www.leginfo.ca.gov	Watch	Vetoed by Gov.

Corporate Director's Duties AB 2944 (Leno) Specifies that, in considering the best interests of the corporation and shareholders, the director may also consider the interests of the corporation's employees, the impact on the community, and the environment. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Anti-Arbitration Elder Abuse AB 2947 (Eng) Prohibits a residential care facility for the elderly (RCFE) from requiring as a condition of admission or continued care that the elder or dependent adult, or his/her representative, waive certain legal rights. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Alcoholic Beverages Labeling Mandate AB 346 (Beall) Requires any container of beer or alcoholic beverage, other than sake, that is approved for labeling as a malt beverage under the Federal Alcohol Administration Act (FAAA), that derives 0.5% or more of its alcoholic content by volume from flavors or other ingredients containing distilled alcohol and that is sold within this state on or after July 1, 2009, must bear a distinctive, conspicuous, and prominently displayed label, or firmly affixed sticker. Bill text at www.leginfo.ca.gov	Watch	Signed by Gov.

Employer Liability Expansion AB 437 (Jones) Expands employers' liability exposure and hampers their ability to defend themselves in lawsuits by effectively removing any statute of limitations for lawsuits challenging any employer decision that affects pay or benefits. 2-Year Bill. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Class Action Attorney's Fees SB 1202 (Harman) Allows judges to withhold part of the plaintiff's attorney's fees in class action lawsuits until all class members have been contacted and have received their portion of the settlement funds. This bill attempts to address the significant percentage of class awards that go unclaimed by class members. The unclaimed money often ends up in a cy pres distribution to a non-profit organization that is "as near as possible" to a cause that would most closely approximate the interests of the plaintiffs. The current structure of this concept leaves plenty of room for abuse by stretching the connection. Bill text at www.leginfo.ca.gov	Support	Failed passage

Drug Pedigrees Compliance Date SB 1270 (Cedillo) Current law allows an extension for compliance from 2009 to 2011 for drug and device pedigrees (trace and tracking records). This bill authorizes the board to extend the compliance date to an unspecified date in certain circumstances. Sponsored by the pharmaceutical distribution chain coalition. Bill text at www.leginfo.ca.gov	Support	Failed passage

Drug Pedigree ID# SB 1307 (Ridley-Thomas) Requires drug pedigrees to include a unique identification number. Sponsored by the Board of Pharmacy. Bill text at www.leginfo.ca.gov	Watch	Signed by Gov.

Corporations Climate Change Disclosure SB 1550 (Florez) Establishes guidelines for companies to disclose climate change risks and opportunities in order to assist investors in making informed decisions. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Consumer Product Recall SB 1575 (Florez) Establishes the Consumer Product Recall Protection and Enforcement Act which would prohibit the manufacture, production, selling, offering for sale or distribution, or keeping for sale or distribution within the State of California, or the introduction into this state, any consumer product subject to a recall. The bill prohibits any person from importing, receiving, or delivering to any other person, or manufacturing, producing, selling, or offering or keeping for sale in the State, any consumer product subject to a recall. The bill act would make it unlawful to refuse to permit entry, inspection, or access to and copying of any record in order to enforce these provisions. Violations would be punishable as a misdemeanor and subject to civil penalty of $2,500 per violation. Bill text at www.leginfo.ca.gov	Watch	Failed passage

Disabled Persons: Equal Access Rights SB 1608 (Corbett) Bipartisan comprehensive reform measure designed to promote and increase compliance with state and federal civil rights laws providing for equal access for individuals with disabilities in public accommodations and to reduce unwarranted, unnecessary litigation that does not advance the goals of disability access. Bill text at www.leginfo.ca.gov	Support	Signed by Gov.

Identity Information Protection Act of 2007 SB 30 (Simitian) Would (1) establish interim privacy and security protections to apply to remotely readable IDs created, mandated, purchased, or issued by government entities, until subsequent legislation or regulations are enacted; (2) require the California Research Bureau to submit a report to the Legislature on security and privacy for government-issued, remotely readable IDs on or before June 30, 2008; and (3) specify that it is the intent of the Legislature that the interim measures contained in the Act be replaced with permanent legislation or regulations in the most timely and expeditious fashion possible following the issuance of the California Research Bureau's report. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Port Container Fees SB 974 (Lowenthal) Imposes a fee on container cargo imported and exported through the ports of Long Beach, Los Angeles, and Oakland in an amount not to exceed $30 per twenty-foot equivalent unit. This bill requires that 50 percent of fee revenues be used to develop infrastructure projects that reduce congestion and 50 percent of revenues to be used to mitigate the air quality impacts associated with the movement of freight in and out of the three ports. Bill allows Oakland an exemption of sorts to allow the utilization of the port's recently approved $12.5 per twenty-foot equivalent unit instead of the additional fee imposed by this bill. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

ENERGY CMTA lobbyist: Joe Lyons, (916) 498.3341	Position	Status
Nuclear Power Plants AB 1046 (Leno) Prohibits the CPUC from allowing an investor-owned utility from recovering specified costs incurred in seeking renewal of certification to operate a nuclear fission thermal power plant, unless the CEC has completed its assessment prior to the utility filing an application for license renewal with the Nuclear Regulatory Commission. 2-Year Bill. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Waste Heat and Carbon Emissions Reductions AB 1613 (Blakeslee) Previously provided numerous subsidies and preferential treatment to combined heat and power (CHP) distributed generation technologies. States legislative intent to obtain an unspecified number of megawatts (MW) of new electrical generation by the year 2015 utilizing waste heat through CHP systems. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Nuclear Power Plants AB 1776 (DeVore) Lifts the statewide ban on new nuclear power plant construction. Prohibits the CEC from certifying a site for a nuclear power plant in seismically active areas or within five miles of a designated coastal area of biological significance. Bill text at www.leginfo.ca.gov	Support	Failed passage

Renewable Electric Generation Facilities Feed-in Tariffs AB 1807 (Fuentes) Creates a feed-in tariff for large (1.5 to 20MW) renewable power generation. Currently, a competitive process is undertaken by the utilities to ensure ratepayers are paying no more than necessary for renewable power. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

GHG Credits AB 1851 (Nava) Previously required CARB to create a regulatory scheme for the sale of voluntary emission offsets. Amended as clone to SB 1762. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Thermal Powerplant Certification AB 1909 (Hayashi) Requires the CEC to gain the approval of the local government prior to licensing electric generation in certain circumstances. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Net Metering of Solar and Wind Generating Resources AB 1920 (Huffman) Previously required utilities to purchase surplus generation from an eligible customer-generator. CMTA supports policies that bring competitively priced power to the market, but opposed allowing the amount to be paid from the surplus generation to exceed the cost that would apply in the market for similar quality energy. These concerns were addressed by amendments. Bill text at www.leginfo.ca.gov	Watch	Failed passage

Climate Protection and Energy Efficiency Bond Act AB 2003 (Saldana) Subject to voter approval at the November 4, 2008 statewide general election, authorizes the issuance and sale of $2 billion in state general obligation bonds for specified purposes, including expanding the development and use of solar, wind, and geothermal energy, fuel cells, and other energy generating technologies that would assist the state in meeting the Global Warming Solutions Act of 2006 GHG emission targets. Bill text at www.leginfo.ca.gov	Watch	Failed passage

California Solar and Clean Energy Jobs Initiative AB 2224 (De La Torre) Creates a standardized curriculum for solar and other clean energy training programs to ensure California has enough workers to meet its clean energy goals. Ratepayer funds would be used to support curriculum development, training and other activities outlined in the bill. Bill text at www.leginfo.ca.gov	Oppose Unless Amended	Failed passage

GHG Energy Efficiency AB 2267 (Fuentes) Creates incentives and preferences in various state programs for California-based companies involved in renewable, clean energy. The programs include the Public Interest Energy Research program, the Self-generation Incentive Program, and others. Bill text at www.leginfo.ca.gov	Watch	Signed by Gov.

Electricity and Transmission Grid AB 2790 (Blakeslee) Spot bill to modernize the electricity and transmission grid in a manner that encourages customers to voluntarily reduce consumption, improves an IOU's ability to detect and prevent power outages, and maximizes use of existing infrastructure whenever economically and technically feasible. Bill text at www.leginfo.ca.gov	Watch	Failed passage

Clean Vehicle Incentive Program AB 493 (Ruskin) Requires CARB to create and implement a clean vehicle incentive program that provides rebates to, and surcharges from, purchasers of new motor vehicles based on the vehicles' greenhouse gas (GHG) emissions. 2-Year Bill. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Self Generation Incentive Program ëCarveout' for Residential Ratepayers SB 1012 (Kehoe) Extends until Jan. 1, 2012, the Self-Generation Incentive Program (SGIP) for non-solar distributed generation resources and requires the CPUC to ensure that beginning Jan. 1, 2008, no costs of the SGIP for distributed generation resources are recovered from residential customers. CMTA strongly supports extending SGIP eligibility for natural gas-fired combined heat and power (CHP) technologies. However, SB 1210, as amended Sept. 7, raises significant concerns. First, the bill engages in legislative ratemaking. The SGIP is funded through the Public Goods Charge (PGC), a nonbypassable charge applicable to all customers. The allocation of costs is the type of issue that the CPUC is best suited to examine through appropriate proceedings. The Legislature has neither the expertise nor the resources to undertake such an effort. Second, the bill's "carve-out" for residential customers customers who have benefited from the SGIP, and remain eligible for the program raises significant equity concerns given that none of the other PGC-funded social programs are funded in that manner. CMTA would remove its opposition to SB 1012 if the bill were amended to delete the provisions requiring that beginning Jan. 1, 2008, no costs of the SGIP are recovered from residential customers. Amendments taken, removing CMTA's opposition. Bill text at www.leginfo.ca.gov	Support	Failed passage

Low Carbon Fuel Standard SB 1240 (Kehoe) Previously required CARB to adopt a low carbon fuel standard (LCFS). Amended to regard real estate. Bill text at www.leginfo.ca.gov	Neutral	Failed passage

Energy Rates SB 1536 (Kehoe) Reforms AB 1X by increasing rates for residential customers while requiring future legislatures to make difficult rate and cost allocation choices. It takes authority from the CPUC to adjust residential rates. It interferes with an ongoing proceeding at the CPUC to determine fair cost allocation for public purpose charges among customer classes. It prevents direct access for most customers in the future. It prejudges how advanced metering should be used to improve system reliability and greenhouse gas emission reductions. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Renewable Electric Generation SB 1714 (Negrete McLeod) Requires utilities to offer "feed-in tariffs" for customer-controlled renewable generation under 4MW based on the market-price referent (MPR) adjusted for additional benefits (congestion relief, reduced GHG, etc), up to a total of 250 MW statewide. Other incentives available to the customer would also apply. Bill text at www.leginfo.ca.gov	Watch	Failed passage

Low-Carbon Fuel Standard SB 210 (Kehoe) Requires CARB to adopt and implement a low-carbon fuel standard that achieves at least a 10 percent reduction in GHG emissions. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Renewable Energy Resources SB 410 (Simitian) Changes expenditure criteria for subsidies provided to in-state renewable electricity generation facilities. Requires the CEC, in making awards for existing Renewable Research Development Demonstration programs technologies, to establish a specified production incentive and to make payments depending upon the availability of funding. The bill also clarifies existing law regarding the ability of publicly owned utilities to count the same technologies toward their renewable portfolio standard obligations as investor-owned utilities. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Renewable Portfolio Standard SB 411 (Simitian) Increases the utility renewable electricity portfolio requirement from 20 to 33 percent. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Siting of Liquefied Natural Gas Facilities SB 412 (Simitian) Requires the California Energy Commission (CEC) to conduct a liquefied natural gas (LNG) needs assessment study to assess alternatives to natural gas to meet energy demands and determine the number of LNG terminals, if any, needed to meet the state's projected natural gas demand. Prohibits the California Public Utilities Commission (CPUC) from authorizing an entity under its jurisdiction to enter into a contract with an entity to supply LNG to the state, and prohibits the governor and state and local officials from issuing a permit to construct or operate a LNG facility within the state or a pipeline from a LNG facility outside the state until the LNG Need Evaluation Report has been adopted. Establishes, on September 1, 2008, the Renewable Energy and Fossil Fuel Assessment Council. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Interruptible Service SB 428 (Dutton) Track this grassroots bill Requires the CPUC to offer optional interruptible or curtailable service to their customers. Bill text at www.leginfo.ca.gov	Support	Signed by Gov.

Alternative Fuels Performance Standard SB 494 (Kehoe) Requires CARB to adopt regulations to ensure that 25 percent of new passenger and light-duty trucks sold in California beginning in 2015 are clean alternative vehicles, and that 50 percent of new passenger and light-duty trucks sold in 2020 are clean alternative vehicles. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

ENVIRONMENTAL QUALITY CMTA lobbyist: Mike Rogge, (916) 498.3313	Position	Status
Hazardous Materials Administrative Penalties AB 1098 (Saldana) Allows agency staff to bypass their governing bodies when setting administrative penalties and creates new criminal penalties. Allowing agency staff to bypass governing bodies when setting penalties is unsound public policy. The current system creates "checks and balances" that prevent agencies from increasing the number of penalties for inappropriate reasons, such as increasing their source of funding. Apparently, this bill was meant as cleanup legislation by the CUPA's. CMTA helped negotiated acceptable language to this bill. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Phthalates in Children's Products AB 1108 (Ma) Track this grassroots bill Seeks to ban a wide range of consumer products which contain phthalates that are intended for use by children. The bill was amended dropping Bisphenol-A from the ban. Bill text at www.leginfo.ca.gov	Oppose	Signed by Gov.

Public Resources: Local Coast Programs Non-point Sources AB 1338 (Huffman) Expands the land use authority of the California Coastal Commission through the regulation of non-point sources of water pollution outside of the state's existing water quality law, the Porter-Cologne Water Quality Act. AB 1338 would add greater confusion for local governments, landowners and businesses in the coastal zone that are trying to address this issue by creating a duplicative and overlapping regulatory program and, in addition, give the Coastal Commission the final word over the regional water quality control board. In the last days of session, the bill was gut and amended. CMTA had no position on the new contents forwarded to the Governor. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Hazardous Waste Civil Penalty AB 1371 (Ruskin) Previously Imposed a civil penalty of up to $25,000 against a person who intentionally or negligently treats, or stores, or causes the treatment or storage of hazardous waste at an unauthorized site. Current law only applies to a person who intentionally or negligently disposes or causes the disposal of hazardous waste at an unauthorized site. CMTA didn't have a problem with a penalty for intentionally or negligently treating or storing a chemical at an unauthorized site. However, CMTA members objected to the potential liability that could be imposed if a company with whom they have contracted fails to handle their hazardous waste in an acceptable manner, even though they did due diligence in the selection of that contractor. The bill has been amended alleviating our concerns. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Electronic Waste Personal Computers AB 1535 (Huffman) Adds personal computers to the list of electronic devices covered under the Electronic Waste Recycling Act of 2003 (SB 20). It requires the retailer to collect a $6 per unit recycling fee from the consumer at the time of sale. 2-Year Bill. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Unsafe Recalled Products AB 1860 (Huffman) Prohibits the sale of and dictates the disposal of manufactured goods that fit the bill's broad definition of "unsafe product," including those recalled. In some cases, the bill applies to "repair, replacement, or refund" programs. Manufacturers would be required to certify disposal compliance. Also requires manufacturers to establish a notification system when recalling products. Stiff fines would be imposed on those who sell recalled products. Presumably, this language was removed to get the bill off of Suspense in Assembly Appropriations and then over to the Senate from the Assembly Floor. The bill was amended to address our concerns. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Green Chemistry - Toxic Substances AB 1879 (Feuer) Originally a spot bill giving the Department of Toxic Substance Control the authority to regulate the sale of products containing chemical(s) known to be hazardous. It was amended to tell DTSC what their program should entail and list specific "chemicals of concern" to be included. The bill was gutted and amended late last week to contain DTSC's Green Chemistry implementation language. Jointly tied with SB 509. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Building Standards AB 2112 (Saldana) Requires the CEC to adopt zero energy building design, construction, and water conservation standards for new residential constructions after January 1, 2020, and, as originally introduced, to new nonresidential constructions starting January 1, 2030. The technology is not currently available to accomplish this goal and the cost of new homes would skyrocket. The reference to non-residential construction was amended out of the bill, as well as a reference to zero net energy meaning no net purchases of gas. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Hazardous Waste Electronic Devices AB 218 (Saldana) Prohibits the sale of electronic devices containing specified heavy metals if they have been banned by the European Union. This bill starts where AB 48 from last year (which failed) left off. The bill has been amended back to alleviate the problem that it caused late last year when spare parts sales were included. California law should not be based on the actions of foreign nations. Implementation would have significant costs. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Children's Breathing Rights Act AB 233 (Jones) Significantly increases penalties for stationery source violations. Also opens prosecution to both civil and criminal penalties for the same violation. This bill is similar to SB 1205 (Escutia) on steroids, which died in the Assembly last year. AB 233 has now been amended into a bill which has nothing to do with stationary source penalties and instead deals with diesel mobile source idling penalties. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Mercury-Added Thermostats AB 2347 (Ruskin) Requires any manufacturer that sells thermostats in California after Jan. 1, 2009, and previously sold mercury-added thermostats prior to Jan. 1, 2006, to establish and maintain a collection and recycling program for out-of-service mercury thermostats by Jan. 1, 2010. An agreement has been reached with the two manufacturers still selling thermostats in this state. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

PVC Packaging Ban AB 2505 (Brownley) Bans the manufacturing, importing, sale or use of polyvinyl chloride (PVC) packaging beginning Jan. 1, 2010. The bill has exempted some PVC used in entire classes of products. For example, pharmaceuticals could be packaged in PVC, but nuts and bolts could not. The enforcement provision was taken out, but implementing of the ban would still be costly and the bill stipulates that anyone who violates the law would be liable for a penalty of up to $2,500 per day for each violation. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Air Toxic Hot Spots/Magnet Sites AB 2546 (De La Torre) Initially this bill would have required mobile sources at magnet sites (ports, airports, distribution center, railyards) to comply with air toxic hot spot reporting requirements. This bill was amended on May 23 limiting its application to railyards. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Oil Spill Prevention and Response AB 2547 (Leno) Makes costly and unnecessary changes to California's oil spill prevention and response law. It mandates 24-hour dedicated personnel and equipment at the port of SF, LA, Long Beach and San Diego and requires utilization of state of the art techniques offering the greatest degree of protection to contain spills. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Underground Storage Tanks - Hazardous Substances & Water Quality AB 422 (Hancock) Requires that all releases from underground storage tanks be treated as are all releases under the California Superfund Act. Amended to satisfy CMTA's concerns. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Hazardous Waste Electronic Devices AB 48 (Saldana) Track this grassroots bill Prohibits the sale of electronic devices containing specified heavy metals if they have been banned by the European Union. This bill starts off where AB 2202 died last year. The majority of the objectionable language from last year's bill (from our perspective) had been amended out, but further negotiations on the bill are necessary. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Electronic Waste Computers AB 546 (Brownley) Adds CPU towers to the list of electronic devices covered under the Electronic Waste Recycling Act of 2003 (SB 20). It previously required the retailer to collect a $10 per unit recycling fee from the consumer at the time of sale. It was then amended into a labeling bill that would have been virtually impossible to implement and of questionable value. The bill was amended again to require only that the retailer post signage of where electronic goods can be returned for recycling. Bill text at www.leginfo.ca.gov	Neutral	Vetoed by Gov.

Toxic Chemicals Use Reduction AB 558 (Feuer) This bill was gut and amended on June 10th. It now regards the testing and evaluation of potential hazardous traits for chemical substances. Unfortunately, it does not specify how or if risk assessment will be incorporated or how the information will be used. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Toxic Effects of Fire Retardants AB 706 (Leno) Bans two entire classes of flame retardant chemicals brominated and chlorinated in furniture and bedding applications, based on the false premise that all chemicals in a given class are essentially the same. This assumption ignores the fact that regulators routinely distinguish between individual chemicals within the same family based on scientific evidence demonstrating different physical, chemical and toxicological properties. The bill also mandates changes to California's current furniture flammability standards, the most stringent in the nation, that would significantly increase costs to consumers and could compromise the safety of furniture products. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Discharge Notice of Hazardous Substance, Sewage, or Other Waste AB 800 (Lieu) Requires a party responsible for a discharge to contact all of the designated agencies within 2 hours of having knowledge of a discharge, rather than the just the responding agency in current law. This bill puts a sewage spill in the same class as a hazardous substance release. In addition, it would also increase penalties significantly from a maximum of not more than $1,000 to $20,000 for failing to notify all of these agencies. The bill was significantly amended and is no longer a concern to CMTA. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

California Toxic Release Inventory Program AB 833 (Ruskin) Track this grassroots bill In December 2006, US EPA increased the reporting threshold for certain chemicals to reduce the workload on some small generators. This bill would require that the missing information be provided to the State. Bill text at www.leginfo.ca.gov	Oppose	Signed by Gov.

Commercial Green Building Standards AB 888 (Lieu) Requires Cal/EPA to develop green building standards for commercial buildings. It establishes the U.S. Green Building Council's LEED gold rating standard as a minimum for new construction and major renovation in CA. By exclusively endorsing the LEED rating system, it discriminates against other rigorous and comprehensive green building programs and rating systems such as Green Globes. While the Building Standards Commission would be authorized to review and comment on the standards, Cal/EPA would be the lead agency with the authority to adopt the final set of building standards. AB 888 would increase costs of commercial construction conservatively by 10% and it would discriminate against certain materials, such as wood, without looking at the life cycle of the products. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Food Containers Plastic Packaging Ban AB 904 (Feuer) As of July 1, 2012, eliminates public food service providers from using anything but paper and aluminum for distributing disposable food (unless recycling rates increase significantly in the interim). Amendments were offered by the California Restaurant Associations and the American Chemistry Council but they were not accepted. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Ambient Air Quality Standards SB 1028 (Padilla) Sponsored by the South Coast Air District, this bill imposes unnecessary mandates on ARB. It requires ARB to adopt and enforce every feasible rule and regulation authorized under Section 43013, which applies to all mobile sources including cars, trucks, construction and farm equipment, utility engines, locomotives and marine vessels. ARB would also be mandated to adopt any "cost effective" measure, and to require technology forcing regulations if the technology is "available". However, "cost effective" and "available" leave out many other considerations that are critical, such as whether the regulation is technologically feasible, proven, effective, safe, available, or if it works on the emission source that is the target of the regulation. Amended to satisfy CMTA's concerns. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Cleanup of Petroleum Underground Storage Tanks SB 1161 (Lowenthal) Extends the sunset date for the program from 2011 to 2016. Bill text at www.leginfo.ca.gov	Support	Signed by Gov.

Environmental Quality Short Form EIR SB 1210 (Dutton) Allows local government the opportunity to use a short form EIR for infill urban housing. The goal is increased infill housing and lower housing costs. Bill text at www.leginfo.ca.gov	Support	Failed passage

Solid Waste Diversion SB 1252 (Padilla) SB 1252 is being gutted and amended to accept language that was previously in SB 1020. It would mandate recycling for commercial and industrial sites and multi-family dwellings as well as increase diversion targets. CMTA opposes the language recently shown to us. We have proposed amendments, but at this late date it is questionable whether we can get satisfactory feedback from members to accept changes. This bill should not be rushed. The language should be clarified between sessions. This bill died in Assembly Rules but the language was later gutted and amended into AB 1390 (Huffman) along with 3 other stalled bills. AB 1390 also died in Rules. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Product Safety Perfluorochemicals SB 1313 (Corbett) Prohibits the manufacture, sale or distribution of any food contact substance by 2010 containing perfuorinated compounds in concentrations exceeding 10 parts per billion. While PFOS have not been produced in a number of years, there has been no direct link found between PFOA's and a human health risk. Manufacturers have already voluntarily agreed to phase-out manufacturing these chemicals by 2015. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Pet Food Labels SB 1773 (Corbett) Requires that all pet food manufacturers include on their label or website a telephone number to contact their customer service department and the country of origin of each of the ingredients in the product. It also includes some of the AFCO standards for pet food manufacturing. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Hazardous Materials Business Plan SB 329 (Dutton) Allows businesses to submit a Spill Prevention Control and Countermeasures Plan in lieu of a Business Plan. 2-Year Bill. Bill text at www.leginfo.ca.gov	Support	Failed passage

Regional Planning SB 375 (Steinberg) Makes numerous changes with respect to regional transportation and land use planning. Requires the regional transportation plan for specified regions to include a sustainable communities strategy designed to achieve certain goals for the reduction of GHG emissions from automobiles and light trucks. This bill could jeopardize of availability of transportation funds and contains numerous opportunities for litigation. Negotiations were ongoing throughout the legislative process. While amended, the bill still has serious flaws which may increase litigation and stymie development. Bill text at www.leginfo.ca.gov	Oppose	Signed by Gov.

Green Chemistry SB 509 (Simitian) As introduced, required manufacturers and distributors to list on a website by substance every consumer product that they produce down to .1%. The bill was amended to apply to only 4 specific consumer product groups. An agreement has been reached with the author concerning confidential business information, however, that agreement (which we could support) appears to be unraveling. The bill was gutted and amended to reflect DTSC/Administration Green Chemistry Toxics Information Clearinghouse. Tied jointly with AB 1879. Bill text at www.leginfo.ca.gov	Neutral	Signed by Gov.

Port Congestion/Environment Container Tax SB 974 (Lowenthal) Places a $60 per container tax on containers transported in or out of the Ports of Long Beach, Los Angeles and Oakland. This is a tax, not a fee, and would be in violation of international trade agreements and interstate commerce laws. Amendments offered to the author by the Administration were rebuked. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

LABOR AND EMPLOYMENT CMTA lobbyist: Willie Washington, (916) 498.3322	Position	Status
Hiring Practices AB 2076 (Fuentes) Discourages employers from enrolling in the federal E-Verify program and prohibits state agencies to mandate the use of E-Verify. Bill text at www.leginfo.ca.gov	Watch	Failed passage

Alternative Workweek Schedules Small Business Option AB 2127 (Benoit) Authorizes an employee whose employer has less than 25 employees to request a work schedule of up to 10 hours per day within a 40-hour workweek and authorizes an employer to implement this schedule without any obligation to pay overtime compensation for hours worked as part of the schedule. The employee would be required to request the specific schedule desired in writing and if the employer agrees to that schedule, the employer and the employee would be required to execute a written agreement memorializing that schedule. Either the employee or employer could terminate the agreement with a 7-day written notice. The employer would be required to maintain the agreement as a record for 3 years after the termination of the agreement. Bill text at www.leginfo.ca.gov	Support	Failed passage

Paid Sick Leave AB 2716 (Ma) Provides that an employee who works in California for 7 or more days in a calendar year is entitled to paid sick time, to be accrued at a rate of no less than one hour of paid sick time for every 30 hours worked. An employee would be entitled to use accrued sick time beginning on the 90th calendar day of employment. The bill would require employers to provide paid sick time, 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 time. Passed Assembly Labor Committee. Double-referred to Assembly Judiciary. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Employer Liability Expansion AB 437 (Jones) Expands employers' liability exposure and hampers their ability to defend themselves in lawsuits by effectively removing any statute of limitations for lawsuits challenging any employer decision that affects pay or benefits. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Lockouts AB 504 (Swanson) Track this grassroots bill Requires employers that are convicted of fraud, misrepresentation, or misconduct related to a lockout to make restitution to employees for lost wages and benefits. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Family and Medical Leave AB 537 (Swanson) Track this grassroots bill Amends the California Family Rights Act to expand the definition of family members with a serious medical condition to whom a covered employee may take unpaid leave to attend. Also increases the circumstances under which an employer is responsible for providing protected leave pursuant to the Act by eliminating the age and dependency elements from the definition of "child" and changes the definition of "parent." Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

Retaliation SB 1244 (Alquist) Prohibits an employer from discriminating against an employee or applicant for employment because a coworker or immediate family member has filed a claim with or instituted a proceeding before the Labor Commissioner. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Wages Discharged Employee SB 1283 (Harman) Permits an employer, if the employer's accounting unit responsible for the drawing of payroll checks is not regularly scheduled to be operational at the time the employee is discharged, to make wages available to the employee no later than 6 hours after the start of the unit's next regular workday, or if the accounting unit is located off the work site, to deliver the wages no later than 24 hours after the start of the unit's next regular workday. Bill text at www.leginfo.ca.gov	Recommended Support	Failed passage

Misclassification of Independent Contractors SB 1490 (Padilla) Spot bill to address intentional misclassification of employees as independent contractors. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Meal Periods SB 1539 (Calderon) CMTA Sponsored - The bill has been made into an intent bill to continue discussions. The intent language will state "It is the intent of the Legislature to enact legislation to address issues related to meal periods in employment." The business community continues to want to clarify the employer's duty to "provide the employee with" a meal period as giving the employee an opportunity to take the meal period. It would define the appropriate situations in which an employee and employer may enter into an on-duty meal period agreement. It would also allow 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. Bill text at www.leginfo.ca.gov	Support	Failed passage

Human Trafficking SB 1649 (Steinberg) Requires retail sellers and manufacturers doing business in the state to develop, maintain, and implement policies for compliance with federal and state law regarding the eradication of slavery and human trafficking. It would form a commission to investigate and review employer's policies. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Employee's Right to Bereavement SB 549 (Corbett) Track this grassroots bill Adds up to four days of unpaid bereavement leave to current laws that provide employees with the right to take time off from work without fear of being sanctioned by their employer. Bereavement leave may be taken for the death of a spouse, child, parent, sibling, grandparent, grandchild, or registered domestic partner. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

TAX CMTA lobbyist: Matt Sutton, (916) 498.3318	Position	Status
LLC Fee - Retroactivity and Limited Remedies AB 1546 (Calderon) Requires estimated payments for the LLC fee and imposes a penalty amounting to 50 percent of any underpayment plus interest. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Omnibus Federal Conformity AB 1561 (Calderon) Generally conforms California personal income tax, corporation tax, and administration of franchise and income tax laws to federal laws in the Internal Revenue Code (IRC) as of January 1, 2008. Removed amendment that would have sought to report a water's-edge taxpayer's portion of its "controlled foreign corporation" (CFC) income by conforming to the federal Subpart F rules for computing the amount of income that is included in a shareholder's income. Bill text at www.leginfo.ca.gov	Support	Failed passage

BOE - Interest Computation AB 1901 (Silva) Permits the BOE to compute interest for late payments on a daily, rather than monthly, basis in the interest of equity. Bill text at www.leginfo.ca.gov	Support	Failed passage

Elective Apportionment Formula AB 2114 (Villines) Requires the Department of Finance to conduct a study to determine the impact of a change in current law, addressing the apportionment of income in computing the corporate income taxes of trades or businesses, that would modify the sales factor in a manner best suited to retaining and attracting businesses to, and creating new jobs in, California. Bill text at www.leginfo.ca.gov	Support	Failed passage

Econ. Development Incentives Duplicative Reporting and Public Hearing SB 1103 (Cedillo) Prior to approving economic development incentives, a local agency must provide written public information with the name and address of the company that is the beneficiary of the subsidy. A local agency must also provide a description of the economic development incentive, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the activity. In order for an agency to grant any economic development assistance of $100,000 or more, the local agency would be required to hold a public hearing on the specific project. Duplicative disclosure requirements will result in delays for economic development projects. Taxpayer groups and other opponents of the bill are also uneasy about the potential for confidential/proprietary taxpayer information to be publicly disclosed. Bill text at www.leginfo.ca.gov	Watch	Failed passage

Income and Corporate Taxes Oil Production SB 1484 (Alquist) Eliminates existing credits and deductions currently allowed to taxpayers engaged in the business of oil production and establishes a credit equal to 50 percent of a taxpayers qualified costs related to clean energy technology. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Tobacco Tax Increase SB 24 (Torlakson) Raises the cigarette tax by 95 cents per cigarette. 2-Year Bill. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

WORKERS' COMPENSATION CMTA lobbyist: Willie Washington, (916) 498.3322	Position	Status
Medical Treatment Schedule AB 1073 (Nava) Existing law entitles each employee to no more than 24 chiropractic, 24 occupational therapy, and 24 physical therapy visits per industrial injury. This bill would prohibit the limit on the number of chiropractic, occupational therapy, and physical therapy visits from applying to visits for post surgical physical medicine and rehabilitative services. Bill text at www.leginfo.ca.gov	Oppose	Signed by Gov.

Supplemental Job Displacement Voucher AB 1636 (Mendoza) Track this grassroots bill Drastically changes current law regarding the provision of the supplemental job displacement voucher in SB 899 (the workers' comp. reform bill, Chapter 34, Statutes of 2004). The revised statute would require the employer to provide the voucher to the injured worker no later than 74 days after the termination of temporary disability regardless of whether that employee has been deemed permanent and stationary. The bill also requires the employer to provide the voucher based upon an estimated level of disability and carries no provision to allow the employer to be reimbursed if the voucher benefit was more than ultimately allowed. Bill text at www.leginfo.ca.gov	Oppose	Vetoed by Gov.

State Compensation Insurance Fund AB 1874 (Coto) Changes composition of the State Compensation Insurance Fund's board of directors to 9 members, 7 appointed by the Governor, 2 from organized labor (1 appointed by the Speaker of the Assembly, the other by the Senate Committee on Rules. Also provides that a majority of board members, other than the ex officio members, shall have been policyholders or the employees or members of a policyholder in the fund for one year immediately preceding the appointment, and must continue in this status during the period of membership. The lack of a majority of members who are policyholders or the employees or members of a policyholder in the fund does not prevent the board of directors of the fund from meeting and conducting business so long as a quorum is present. This bill contains other related provisions and is similar to Machado's SB 1145. Bill text at www.leginfo.ca.gov	Watch	Signed by Gov.

Workers' Compensation AB 2081 (Coto) Makes it the burden of the private corporation to establish that the employee was properly excluded. Also requires a corporation with excluded employees who are not substantial shareholders to file an annual report with the Department of Industrial Relations. Bill text at www.leginfo.ca.gov	Neutral	Vetoed by Gov.

Insurance Loss Ratios AB 2692 (Hernandez) Prohibits excessive rates and requires that the insurance company refund the employer the difference. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Supplemental Job Displacement Benefits AB 2987 (Benoit) Provides for the payment of supplemental job displacement benefits to any injured worker if the injury causes permanent partial disability and the injured employee does not return to work for the employer within 60 days of the disability becoming permanent and stationary. Bill text at www.leginfo.ca.gov	Support	Failed passage

Temporary Disability AB 338 (Coto) Track this grassroots bill Increases to 5 years the period of time during which an employee can receive aggregate temporary disability payments. Bill text at www.leginfo.ca.gov	Support	Signed by Gov.

Supplemental Job Displacement Benefits SB 1189 (Cedillo) Requires, for injuries occurring on or after January 1, 2009, if the employee has not returned to work within 60 days of a disability becoming permanent and stationary, the provision of such a voucher to an injured employee no later than 74 days after the date the disability has been determined to be permanent and stationary. The bill would require the employer, if the percentage of permanent disability has not been determined, to provide a voucher based on the reasonable estimate of the percentage of permanent disability and would require the employer, if the percentage of permanent disability is later determined to be higher than that estimate, to provide the additional voucher amount immediately upon determining the correct percentage of permanent disability. Also requires an employer, if the percentage of permanent disability is later determined to be lower than the estimate, to reissue the voucher in the correct amount, and to notify the employee that any unused portion of the original voucher in excess of the appropriate amount is no longer available. Additionally requires an employer to notify the employee, in a manner prescribed by the administrative director, of an employee's determination of permanent disability consistent with those provisions, and of any delay in determining the employee's correct percentage of permanent disability benefits. Bill text at www.leginfo.ca.gov	Oppose	Failed passage

Cancer Presumption for Contractor-Operated Fire Departments SB 1271 (Runner) Extends the cancer presumption to specific contractor-operated fire departments in the Senator Runner's district. This would be the first expansion of presumption outside of the public sector. Bill text at www.leginfo.ca.gov	Watch	Signed by Gov.

Audiologists as Qualified Medical Evaluators SB 557 (Wiggins) Permits audiologists licensed by the state to be appointed by the administrative director as qualified medical evaluators for evaluating medical-legal issues in workers' compensation claims. Bill text at www.leginfo.ca.gov	Watch	Vetoed by Gov.