The Legislature wrapped up its work for the year Saturday at the State Capitol by sending hundreds of bills to the Governor for consideration. The Governor has until September 30 to act upon this last flurry of bills.
Governor Newsom called a special session of the Legislature regarding gas prices. However, the Senate President said he would not call his members back to Sacramento this fall.
Here’s an update on CAPA’s bills of interest:
Opioid Blockers/First Aid Kits: AB 1976 would require the Cal/OSHA Standards Board, before December 1, 2027, to draft a rulemaking proposal to revise a regulation on first aid materials to require all first aid kits in a workplace to include nasal spray naloxone hydrochloride. The bill would require the standards board to adopt revised standards for the standards described above on or before December 1, 2028. CAPA will monitor this rulemaking process if this bill is signed into law. STATUS: Sent to Governor’s desk
Opioid Blockers in Amusement Parks & Large Venues: AB 1996 would require each stadium, concert venue, and amusement park to ensure that the naloxone hydrochloride or other opioid antagonist is easily accessible and its location is known by emergency responders on the premises or otherwise widely known. This bill changes the Health and Safety Code section for SB 234 from last year, which defined “amusement park” as a gated facility requiring ticketed entry with more than one million visitors annually. STATUS: Signed by the Governor on August 24, law takes effect January 1, 2025.
Delay for Corporate Greenhouse Gas Reporting: SB 219 would give the state a 6 month delay in developing regulations for corporate climate reporting. STATUS: Sent to Governor’s desk.
Subscription Autorenewals: AB 2863 requires that a consumer be able to cancel an automatically renewed subscription in the same manner that the consumer used to subscribe to the continuous service in the first place. STATUS: Sent to Governor’s desk
Paid Sick Leave/Victims of Crime: AB 2499 entitles an employee of an employer with 25 or more employees who is a victim or who has a family member who is a victim of a crime to job protected leave to attend to their or their family member’s needs and ensure their safety. The bill permits both an employee victim and an employee who has a family member who is a victim to use sick leave for time off to obtain victim services. The total leave taken may be capped at 12 weeks. STATUS: Sent to Governor’s desk.
Cashback for Gift Cards: Current state law makes any gift certificate with a cash value of less than $10 redeemable in cash for its cash value. SB 1272 would have made any gift certificate with a cash value of less than or equal to $25 (adjusted annually for inflation) redeemable in cash for its cash value. STATUS: Dead – bill language was deleted and replaced with language on an unrelated topic.
Automated Decision Making for Hiring: AB 2930 would have regulated the use of “automated decision systems” (ADS) in order to prevent “algorithmic discrimination.” This includes requirements on developers and deployers that make and use these tools to make consequential decisions” to perform impact assessments on ADSs. This bill establishes the right
of individuals to know when an ADS is being used, the right to opt out of its use, and an explanation of how it is used. STATUS: Dead – not taken up for a vote, held in Legislature.
Ticket Seller Legislation: All bills that were aimed at controlling prices of music and sporting events failed passage. CAPA had work to include language in these bills to clarify that this legislation did not apply to permanent venues like amusement parks with on-going regular operations. STATUS: Dead
Political Communications in the Workplace: SB 399 will dramatically restrict employer communications in the workplace. Proponents say it is necessary to prohibit employers from forcing workers to sit through political rallies – but that has been illegal in California Labor Code since the 1930’s. Another argument supporters have made is that this bill would also prohibit employer intimidation for labor organizing. However, the National Labor Relations Act already guarantees collective bargaining rights. This is template legislation that Labor is pushing in many states. In fact, Colorado’s governor vetoed similar legislation in May saying it puts employers in the “impossible position” of determining what political speech is. CAPA Position: Oppose, STATUS: Sent to Governor’s Desk
Damages for Labor Code Violations: Under legislation passed last year, cities with elected city attorneys (such as Los Angeles, San Diego, San Jose, and San Francisco) can enforce labor code. AB 2738 would require courts to award legal fees (which include costs like expert witness) to winning plaintiffs. Current law gives a judge the discretion to award legal fees to the plaintiff. This sets a dangerous precedent and may financially incentivize private firms that contract with cities to file meritless claims to shakedown employers. CAPA Position: Oppose, STATUS: Sent to Governor’s Desk
