Legislative update

By CMTA Staff

Capitol Update, Oct. 1, 2010 Share this on FacebookTweet thisEmail this to a friend

The outcome of bills passed in the 2009-2010 regular legislative session is officially over.  By the end of the Governor’s September 30 deadline to act on bills at his desk, he signed 726 bills and vetoed 298 for the year, many of these actions taking place within the last week.  The action is one of last major responsibilities in addition to the budget that the Governor will undertake as he wraps up his final term in office and works to firm up his legacy as California’s 38th governor. 

Following is the final status of CMTA’s important bills sent to the Governor in the last weeks of session:


CORPORATE COUNSEL
Staff Contact: Greg Hines

AB 1650 (Feuer) State and Local Public Contracts Eligibility – Investment in Iran

Prohibits those engaged in investment activities in the energy sector in Iran from bidding on or entering into a contract with a public entity for goods and services. The bill had several amendments taken towards the end of session to address some of the significant concerns of industry, specifically lowering the certification requirements, delaying the implementation of the bill to 90 days after the bill becomes effective and other provisions. 
Position: Oppose        Status: Signed, Chapter 573, Statutes of 2010

AB 1680 (Saldana) Civil Rights Act – Waiver of Rights
Burdens businesses with unnecessary litigation costs and slows down resolution of disputes by prohibiting enforcement of voluntary arbitration agreements if someone is being sued for a hate crime.
Position: Support        Status: Vetoed

SB 967 (Correa) Bid Preferences for Public Contracts
Requires a state agency that accepts bids or proposals for contracts for goods or services – including information technology ("IT") products and services – to provide a credit of 5% of the bid price or quotation to a business that directly provides the goods or services to the State, when 90% of the employees of the business performing work on the contract reside in California. 
Position: Oppose        Status: Vetoed


EDUCATION
Staff Contact: Cynthia León

AB 2446 (Furutani) Graduation Requirement
Starting in the 2011-12 school year, requires schools to add completion of a course in career technical education as an alternative to a course in visual/performance arts or foreign language to fulfill graduation requirements.
Position: Support        Status: Vetoed


ENERGY
Staff Contact: Dorothy Rothrock

AB 1405 (De Leon) AB 32 Community Benefits Fund
Directs 10 percent of revenues collected by CARB from a cap and trade program for use in a Community Benefits Trust Fund to achieve emission reductions in impacted communities and mitigate direct health impacts of climate change.  
Position: Oppose        Status: Vetoed

AB 2514 (Skinner) Energy Storage Systems
Would open CPUC proceeding to investigate energy storage and possibly set targets for procurement to reduce peak demand.
Position: Oppose        Status: Signed, Chapter 469, Statutes of 2010


ENVIRONMENTAL
Staff Contact: Mike Rogge

AB 737 (Chesbro) Solid Waste Diversion
Gives CalRecycle the authority to mandate businesses generating more than 4 cubic yards of solid waste and recyclables per week to commercially recycle. `Commercial` is defined as commercial, institutional and industrial facilities. The bill was amended recently eliminating the possibility that it might be used to infer that extended producer responsibility would be a means for the agency to achieve its goals. It creates another government program and also requires CalRecycle to make recommendations for reaching a 75% diversion rate by 2020.  This bill is redundant to the public workshops and draft regulation writing that has been conducted under the ARB’s AB 32 authority.  CMTA prefers the public process and modest goals outlined in the public workshop rather than giving CalRecycle broad authority.  This bill does not require the public sector to likewise comply.
Position: Oppose        Status: Vetoed


SB 1284 (Ducheny) Water Quality – Mandatory Minimum Penalties
Provides that certain violations involving the failure to file a discharge monitoring report are not subject to mandatory minimum penalties if certain requirements are met. It also limits the time schedule for compliance to 10 years.
Position: Support        Status: Signed, Chapter 645, Statutes of 2010

SB 1433 (Leno) Air Pollution Penalties – Inflation Adjustment

Requires the state board, on March 1, 2011, and annually thereafter, to adjust maximum civil and criminal penalties for inflation, and to publish the inflation-adjusted maximum penalties on its web site.
Position: Oppose        Status: Vetoed


LABOR & EMPLOYMENT
Staff Contact: Cynthia León

Economic Development

AB 2437 (Perez, Manny) California Manufacturing Competitiveness Act
Establishes the California Manufacturing Competitiveness Loan and Loan Guarantee Program for the purpose of attracting, retaining, and expanding large manufacturing facilities.
Position: Support        Status: Vetoed

Labor Issues

AB 569 (Emmerson) Meal Period Carve-Out for Transportation
Carves out a collective bargaining exemption for the transportation, construction, security guard and electrical industry from abiding to the current statute and instead allows them to negotiate meal and rest period provisions within their collective bargaining agreement. CMTA asserts that a comprehensive solution must be reached in order to provide ALL businesses, regardless of size, type or union status, with appropriate clarity and guidance for the compliance and enforcement of meal period laws.
Position: Oppose        Status: Signed, Chapter# TBD

AB 2340 (Monning) Bereavement Leave

Adds to the job protection class the right to inquire about, request, and take time off for bereavement leave. The bereavement leave may be completed within 13 months of the date of death of a child, parent, domestic partner or sibling.
Position: Oppose        Status: Vetoed


SB 657 (Steinberg) Anti-Human Trafficking Corporate Policy Mandate

Beginning January 1, 2011, requires retail sellers and manufacturers doing business in the state to disclose their efforts to eradicate slavery and human trafficking. The Attorney General may issue an injunction if he/she feels the disclosure is not sufficient or accurate.
Position: Oppose        Status: Signed, Chapter 556, Statutes of 2010

SB 1231 (Corbett) Public Contracts – Slave and Sweat Free Code of Conduct

Expands the scope of the code of conduct to include abusive forms of labor performed by all persons.  Requires contractors to exercise due diligence in ensuring that their subcontractors compile with the Slave and Sweat Free Code of Conduct. Requires the Department of Industrial Relations to establish a contractor responsibility program.
Position: Oppose        Status: Vetoed

Workers’ Compensation

AB 933 (Fong) Utilization Review
Requires that all physicians including psychologists performing utilization review in the Workers’ Compensation system be licensed by California state law.
Position: Oppose        Status: Vetoed

SB 145 (DeSaulnier) Apportionment Discrimination

Prohibits race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic characteristics from being considered a cause or other factor of disability. 
Position: Oppose        Status: Vetoed


REGULATORY REFORM

Staff Contact: Dorothy Rothrock

AB 1659 (Huber) Agency Repeals

Creates a Joint Sunset Review Committee to identify and eliminate waste, duplication, and inefficiency in government agencies.
Position: Support        Status: Signed, Chapter# TBD

AB 2130 (Huber) Professions and Vocations – Sunset Review
Makes specific boards and regulatory programs subject to review by a Joint Sunset Review Committee.
Position: Support        Status: Signed, Chapter# TBD

AB 2738 (Niello) Regulations – Statement of Reasons
Establishes a performance standards preference in the rulemaking process and requires justification for a technology-specific regulation.
Position: Support        Status: Signed, Chapter 398, Statutes of 2010


TAXATION
Staff Contact: Greg Hines

AB 2666 (Skinner) Tax Expenditure Reporting – Corporations
Requires the Franchise Tax Board to compile information on tax expenditures claimed and reported by publicly traded companies and requires the State Chief Information Officer to publish this information on the Reporting Transparency in Government Internet RGT website.
Position: Oppose        Status: Vetoed

SB 1272 (Wolk) Income & Corporation Taxes – Performance Metrics & Sunsets
Requires any bill introduced after January 1, 2011, that authorizes a personal income or corporation tax credit to contain: 1) specified goals, purposes, and objectives that the tax credit will achieve, 2) detailed performance indicators to measure whether the tax credit is meeting them, and 3) the credit sunsets after seven years.
Position: Oppose        Status: Vetoed

Capitol updates archive 989898989