CA Legislative Update

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Please find an update from the governor’s office on recently signed and vetoed bills. Allow me to draw your attention to the governor’s veto of AB 1066, which sought to provide that if an employer fails to provide employment records requested to resolve a claim for unemployment insurance (UI) benefits by the EDD within 10 days, the employee will be awarded the maximum UI benefit. 

We are pleased that the governor vetoed this bill. AB 1066, potentially eliminates the opportunity for an employer to present evidence of independent contractor status by imposing an arbitrary 10-day statutory deadline for a business to produce records, or face a "conclusive presumption" that the individual is entitled to benefits, i.e. an employee.  

Additionally, AB 1066 would have added enforcement by the Attorney General against any businesses which failed to make contributions in the past. But this enforcement itself was problematic. For example, if a worker incorrectly asserts that they were misclassified, and the employer is not quick enough in responding, the employer will now face the potential of the Attorney General pursuing them for allegedly missed contributions – all based on an understandable mistake by a worker seeking benefits. Given the likelihood of confusion around classification under AB 5, adding enforcement wasn’t appropriate. After the dust settles, and both legislation and initiatives have been resolved, then adding enforcement makes sense. But now, with businesses struggling to survive and ambiguity around classification still being resolved, we are pleased that the this bill was vetoed to avoid this additional enforcement. 

Also, we have added a few additional items below that we thought you might find of interest. 

CA Gov Orders Halt Of Gas-Powered Car Sales By 2035 
The California Air Resources Board will develop the regulations as well as develop regulations to mandate that all operations of medium- and heavy-duty vehicles be 100 percent zero emission by 2045 where feasible. The order also requires state agencies, in partnership with the private sector, to accelerate deployment of affordable fueling and charging options. Read the full executive order. 

"OFF THE CHART": CO2 From CA Fires Dwarf Fossil Fuel Emissions

This year’s fires in California have already burned through 3.4 million acres of land, and the fire season isn’t set to end for at least a couple of months. The fires generated more than 91 million metric tons of carbon dioxide, which is about 25% more than the state’s annual emissions from fossil fuels. Higher carbon emissions contribute to a multipart climate feedback, accelerating climate change which then sets the stage for more fires that will emit an increasing amount of carbon dioxide, experts say. Read more here. 

Prop 15

Local governments have been hit especially hard by the pandemic shutdown and resulting economic instability. PPIC’s Mark Baldassare talks with Oakland mayor Libby Schaaf and San Diego mayor Kevin Faulconer about how their cities are faring and what we can learn from the current crisis. Both mayors had a tense exchange with both sides of the Prop 15 campaign (go to min 53) and is available on PPIC’s YouTube page

Best, 

Damon R. Conklin, Director of Government Affairs, Sacramento Regional Builders Exchange 
5370 Elvas Avenue ǀ Sacramento, CA 95819 . Telephone: 916.442.8991 ǀ Cell: 916.290.3400. Email: dconklin@srbx.org ǀ www.srbx.org  


 

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