CMTA Maker/Breakers & Top Priority Bills

By CMTA Staff

Capitol Update, Aug. 21, 2019 Share this on FacebookTweet thisEmail this to a friend


California must maintain its global competitiveness. California manufacturers are responsible for over 86 percent of our state’s exports. The value of our production brings investment that builds strong communities, trains a skilled workforce, and makes jobs possible in every other sector. Manufacturers need strong partners and good policy to keep making California a place of opportunity. Protect California’s manufacturing industry with the following agenda.  

 

AB 5 (Gonzalez D)   Codifying the Dynamex Decision Description: Codifies the Dynamex decision with exemptions for certain industry types and business-to-business contractual relationships where individuals are performing work for a company pursuant to a contract with another company.  Negotiations between the author, labor and various industry representatives continue regarding the appropriateness of additional amendments and exclusions necessary to avoid unintended consequences of the decision’s application.
  Position:  Watch
  Contact:  Nicole Rice (NRice@cmta.net)
   
AB 23

(Burke D)   Workforce Training Coordination for Small Businesses

Description: Creates the Deputy of Business and Workforce Coordination in the Office of the Small Business Advocate to serve as facilitator, convener and single point of contact related to the state’s workforce development efforts who can translate and disseminate information to small manufacturers.  Such coordination can remove barriers that should increase access for small companies, resulting in effective partnerships that will benefit both manufacturers and Californians.

CMTA Letter, CMTA Coalition Letter, and Collateral
  Position:  CMTA-Sponsored
  Contact:  Nicole Rice (NRice@cmta.net)
   
AB 48

(O'Donnell D)   School Facilities Bond That Also Supports CTE Programs

Description: Places a bond measure on the 2020 and 2022 statewide ballots for the modernization and construction of PreK-12 and Community Colleges facilities, including new and improved structures and equipment purchases to support industrial trades programs that lead to manufacturing careers.  The previous two education facility bonds provided a cumulative total of $1 Billion for CTE facilities and materials.

CMTA Letter
  Position:  CMTA-Sponsored
  Contact:  Nicole Rice (NRice@cmta.net)
   
AB 51

  
(Gonzalez D)   Bans the Use of Pre-Dispute Employment Arbitration Agreements

Description: Prohibits and criminalizes the use of arbitration agreements as a condition of employment for all labor and employment claims under the Labor Code and Fair Employment and Housing Act.  If signed, manufacturers will be barred from using this effective resolution tool and forced to either settle or litigate even the most minor labor and employment disputes while the courts decide if such an action by the state is preempted under federal law.

Collateral
  Position:  Oppose
  Contact:  Nicole Rice (NRice@cmta.net)
   

AB 170

(Gonzalez D)   Joint Liability

Description: Extends shared legal responsibility and strict liability to manufacturers for acts of harassment committed between workers of a third-party contractor, even though the manufacturer has no knowledge that the actions took place.

Collateral
  Position:  Oppose CMTA
  Contact:  Nicole Rice (NRice@cmta.net)
   
AB 792     (Ting D)   Minimum Recycled Content and Labeling Requirement

Description: Requires producers of beverages sold in plastic beverage containers subject to the California Redemption Value to demonstrate each individual bottle, on average, sold in California is manufactured using at least 25% recycled content by 2021, 50% recycled content by 2025, and 75% recycled content by 2030.  Manufacturers unable to comply will be required to pay a penalty, which would increase based on compliance rates in comparison to the set rates, dates.
  Position:  Oppose Unless Amended
  Contact:   Dawn Koepke (DKoepke@mchughgr.com)
   
AB 824

(Wood D)   Ban on Pharmaceutical Patent Settlements

Description: Weakens California patentholder’s ability to protect their intellectual property rights from infringement, driving up the cost of medicine and delaying entries of both branded and generic drugs into the market, hurting consumers.

CMTA Letter
  Position:  Oppose
  Contact:  Jarrell Cook (JCook@cmta.net)
   
AB 1066   

(Gonzalez D)   Expansion of UI Benefit Eligibility

Description: Substantial expansion of unemployment insurance benefits to workers who have been on strike for more than four weeks.  This policy overreaches beyond the intended purpose of the benefit – to provide support to workers facing an unexpected and involuntary, permanently job loss – and potentially could result in a payroll tax increase for manufacturers if such extension negatively impacts the future health of the unemployment insurance fund.
  Position:  Oppose
  Contact:  Nicole Rice (NRice@cmta.net)
   
AB 1080/
SB 54


(Gonzalez D) / (Allen D)  Plastic Pollution Reduction Mandate – Companion Bills

Description: Mandates all single-use packaging and the top ten single use most littered plastic products be recyclable and/or compostable.  Would delegate broad authority to CalRecycle to establish requirements to meet rates/dates for recycling set out in the bills, without clear direction from, or subsequent review by, the Legislature or sufficient infrastructure to accommodate the recyclable packaging has a pathway to being recycled.

  Position:  Oppose
  Contact:  Dawn Koepke (DKoepke@mchughgr.com)
   
AB 1248

(Garcia, Eduardo D)   Incentive Program for Manufacturers Revitalizing Communities

Description: Expands the Capital Investment Incentive Program to allow local governments to offer manufacturers an incentive for investing $5M or more in a facility. 

CMTA Letter
  Position:  CMTA-Sponsored
  Contact:  Jarrell Cook (JCook@cmta.net)
CMTA Maker
   
AB 1583

(Eggman D)   The California Recycling Market Development Act
Description: Extends both CalRecycle's Recycling Market Development Zone Loan Program and the California Alternative Energy and Advanced Transportation Financing Authority’s Sales and Use Tax Exclusion Program until January 1, 2031, supporting manufacturers creating and using advanced technology and new production methods.
  Position:  Support
  Contact:  Dawn Koepke (DKoepke@mchughgr.com)
   
AB 1677            (Weber D)   Call Center Relocation Penalty

Description:  Penalizes California manufacturers when relocating a call centers out of state by imposing civil fines for lack of timely notice and making companies ineligible for any direct or indirect state grants, state-guaranteed loans, or tax benefits for five years.
  Position:  Oppose
  Contact:  Nicole Rice (NRice@cmta.net)
   
AB 1788               (Bloom D)   Pesticides – Use of Anticoagulants

Description: Bans the use of second-generation anticoagulant rodenticides (SGARs) statewide and prohibits the use of the first-generation (FGARs) on state-owned lands, subject to certain exemptions.

 

  Position:  Oppose

 

  Contact:  Dawn Koepke (DKoepke@mchughgr.com)

 

   
SB 1              (Atkins D)   California Environmental, Public Health, and Workers Defense Act of 2019

Description: Our opposition to the bill is with the Author’s intent to protect California’s air, water, biodiversity and citizens from any federal changes that undermine the state’s existing standards. Rather, the bill would have significant and entirely avoidable negative consequences by 1) substantially threatening water supply reliability and 2) removing basic due process for everyone by waiving Administrative Procedure Act safeguards.
  Position:  Oppose

 

  Contact:  Dawn Koepke (DKoepke@mchughgr.com)

 

   
SB 142                  (Wiener D)   Expansion of California’s Newly Enacted Lactation Accommodation Policy

Description: Our opposition to the bill is NOT with the Author’s intent to protect California’s air, water, biodiversity and citizens from any federal changes that undermine the state’s existing standards. Our criticism is focused solely on the significant and entirely avoidable negative consequences from language in the bill that 1) substantially threatens water supply reliability; 2) forces state agencies to review irrelevant federal laws, regulations and guidelines; 3) instigates costly litigation; 4) removes basic due process for everyone by waiving Administrative Procedure Act safeguards; and 5) automatically integrates federal baseline standards into California law without agency review.

 

  Position:  Oppose

 

  Contact:  Dawn Koepke (DKoepke@mchughgr.com)

 

   
SB 171                     (Jackson D)   Pay Data Reporting

Description: Requires employers with 100 employees or more to submit a pay data report to the Department of Fair Employment and Housing that captures the number of employees in each specified job category by race, gender, ethnicity and pay band, information that could be different from what manufacturers are required to provide under federal law.

 

  Position:  Oppose

 

  Contact:  Nicole Rice (NRice@cmta.net)

 

   
SB 218                        (Bradford D)   Employment Discrimination Enforcement by Local governments

Description
: Allows local governments to enact and enforce anti-discrimination ordinances and impose remedies and penalties for noncompliance, which could subject manufacturers to a patchwork of polices in addition to state oversight under the Fair Employment and Housing Act (FEHA). This measure further allows individuals to file claims at both the state and local level with initial filing at the state barring subsequent filing at the local level, but authorizing the addition of a state claim when one initially files with the locality.

 

  Position:  Oppose

 

  Contact:  Nicole Rice (NRice@cmta.net)

 

   
SB 749

(Durazo D)   Removing Trade Secrets Protections Through the Open Records Act

Description: Effectively removes existing trade secrets protection for requests made under the Open Records Act, transforming any proprietary information a state or local agency obtains retains pursuant to a contract or agreement with a manufacturer into a public record.

 

  Position:  Oppose

 

  Contact:  Jarrell Cook (JCook@cmta.net)

 

   
SB 778                              (Committee on Labor, Public Employment and Retirement)   Clarification of Sexual Harassment Training Requirements

Description: This “fix-it bill” clarifies that manufacturers who trained in 2018 do not have to train again in 2019 in order to be compliant under the new law established under SB 1343 (Chapter 956, Statutes of 2018).

 

  Contact:  Nicole Rice (NRice@cmta.net)

 

   

 

   
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