Senate Standing Committee on Judiciary
- Thomas Umberg
Legislator
All right. Senate Committee on Judiciary will come to order. Good morning. We're holding this Committee hearing in room 2100 of the O Street Building. I ask that all Members of the Committee present themselves in room 2100 so we can establish a quorum and begin our hearing at the outset.
- Thomas Umberg
Legislator
For those of you who are present here in the Committee room as well as those who are watching from other locations, today is perhaps the busiest day this year in the Capitol. There are multiple committees that are going on simultaneously. We will be here for a little while.
- Thomas Umberg
Legislator
So when you see Committee Members who are absent, it is because they are in other committees, including me here momentarily. But let's do this. I'm going to do a bit of housekeeping, and then I'm going to turn the gavel over to Senator Niello. There are 57 bills on our agenda today. That's down from 68.
- Thomas Umberg
Legislator
Two bills have been pulled. They are File item number 23, SB634, by Senator Perez and file item number 26, SB4 25, by Senator Rubio.
- Thomas Umberg
Legislator
We're going to hear bills today until 11:45, and we have to break for lunch and we'll resume at 1:30 and we'll come back to room 2100 to hear the rest of the items on our agenda. Once we have a quorum, we will turn to the consent calendar immediately.
- Thomas Umberg
Legislator
We have nine bills on consent today, and they are as follows. File number 1, SB793 by Senator Archuleta. File number 4, SB339 by Senator. File item number 6, SB650 by Senator Cabaldom. File item number 10, SB750 by Senator Cortese with amendments. File item number 21, SB355 by Senator Perez. Filem number 27. SB738 by Senator Rubio with amendments.
- Thomas Umberg
Legislator
Filem number 39. SB861 by the Senate Business, Professions and Economic Development Committee. Filem number 44. Sb517 by our very own Senator Niello with amendments. Filem number 50. Sb236 by Senator Weber Pearson. All right. So we're going to proceed in file order today unless we do not have an author.
- Thomas Umberg
Legislator
And then we will go to the author, whoever is present here in the Committee hearing room. I see we do have some authors here present. The ground rules are as follows, just as they have been for the last several years, that on each Bill there's two primary witnesses in support. If you have.
- Thomas Umberg
Legislator
You don't have to have two primary witnesses in support, but if you do have primary witnesses in support. Each of them will be afforded two minutes to testify. And then after the support witnesses testify, the primary support witnesses testify. Then others may come to the microphone and give us their name, their position and their affiliation.
- Thomas Umberg
Legislator
Their name, their position, their affiliation. After that we'll turn to the opposition. The opposition will have the same opportunity as the proponents. With two witnesses in opposition, each afforded two minutes and then the so called MeToo testimony where individuals may come to the microphone and give us their name and their affiliation and their position on the Bill.
- Thomas Umberg
Legislator
If you wish to provide further information, you should go to the Senate website, Senate Judiciary website, and there you'll see instructions how to submit information to the portal. And with that I'm going to turn it over to Senator Niello and I'll be back, I hope shortly.
- Roger Niello
Legislator
So I know that Senator Grayson is here, but I believe Senator Becker is on the file before so. Senator Becker, come on down. Senator Becker, before you begin, do you agree to accept the Committee's amendments? Yes, I do. You may proceed.
- Josh Becker
Legislator
Well, thank you. I know you have a long agenda in front of you. This is a big bill. I'll take some time. I know we'll have some. Some discussion even with the Members that are here.
- Josh Becker
Legislator
And again, I do want to begin by thanking the committee chair and staff for the time spent carefully considering this measure, which will help make the grid more reliable, allow us to reach our decarbonization goals as effectively and fast as possible, and reduce air pollution in California.
- Josh Becker
Legislator
I can spend a lot of time on the benefits, but since you have 60 bills, I- I won't go into depth unless there's questions on the benefits.
- Josh Becker
Legislator
Oh, 57. Okay, good, good. You get out early. So I'll focus on some of the questions and- and then happy to- to.
- Josh Becker
Legislator
I'm sure we'll have some discussion. Currently, California participates in a voluntary electricity market called the WEIM, the Western Energy Imbalance Market. In this market, participants buy and sell power near the time it's consumed is about a 15 minute head market to balance our grid.
- Josh Becker
Legislator
The WEIM has generated over $6.6 billion in savings the last 10 years, with 2.2 billion directly benefiting California. This bill bills on the success of the WEIM by allowing California to participate in a market governed by a regional organization if and only if it meets extensive guardrails.
- Josh Becker
Legislator
As probably clear from the broad coalition in support of this bill, making this move is consequential for achieving clean energy goals. At the same time as addressing rising energy costs. Some of the opponents have raised reasonable concerns and I believe the committee and I appreciate those and we'll continue discussion.
- Josh Becker
Legislator
I believe the committee amendments not only address these concerns but further strengthen the protections in this bill. I want to be clear at one point. Even before the bill would not let us decide to join this market before 2027, really mid 2027. The amendments now make it so we cannot join this before January 2028.
- Josh Becker
Legislator
So we have a full three years of watching the new administration, seeing what it does and if it attempts to do regarding California's energy markets before CAISO in consultation, coming to share its finding and receiving feedback from the assembly and Senate Energy Committees makes a final decision.
- Josh Becker
Legislator
Let me go over some of the core amendments. They require the regional organization's governing documents and the tariff approved by the FERC include obligations to respect the authority of each state and manage energy markets consistent with existing California protection. Second, clarify that the regional organization cannot establish capacity markets. Why is that important?
- Josh Becker
Legislator
Because that strategy under capacity markets is what is outlined by Project 2025 as the mechanism to force states to buy coal. So we cannot establish capacity markets under this bill or establish any mandatory reserve or resource adequacy requirements.
- Josh Becker
Legislator
Third, the commitments are clear that the tariff filed with FERC cannot assess any cost of fossil fuel generation resources to California participants, e.g. can't force California to pay for coal generated in Wyoming.
- Josh Becker
Legislator
Fourth, in addition to allowing a state or participant to withdraw unilaterally and without further approval from the RO's energy markets, which was already in the bill, the tariff must allow for petitions to withdraw without penalties or unreasonable costs.
- Josh Becker
Legislator
Fifth, requires that CAISO provide testimony, receive feedback from the senate and assembly energy committees prior to adopting the resolution again, which only happened before 2028. To join a regional organization. Six, require a CAISO conducts a jobs study and include that study in its findings and the resolution it adopts.
- Josh Becker
Legislator
Seventh, and this is important, requires the CC direct electrical corporations leave the market if one of three things happen if any market rules are detrimental to California consumers or its public policies. Third- Second, if the RPS is held invalid by reviewing court on claims of impermissible discrimination.
- Josh Becker
Legislator
Third, if Trump uses any emergency powers or future president to require California to subsidize fossil fuels so we now have it in the bill if any of those things happen automatically required withdrawal.
- Josh Becker
Legislator
We also add language that strengthens protections and we appreciate our work with with turn Juliet Reform Network on this that strengthens the protections of renewable portfolio standard by ensuring they've secured firm transmission into California. One of my witnesses today was one of the architects of California's RPS, Renewable Portfolio Standard.
- Josh Becker
Legislator
Can speak more specifically on how this bill protects it. Quickly, some of the other amendments clarify because I'm sure you've never had a chance to read all of them, clarify, the California Public Advocates Office is one of the consumer advocate organizations that the regional organization makes funding available for.
- Josh Becker
Legislator
Second, clarifies that the regional organization's open process is at least as stringent as California law. And third, require that every two years CISO provide the CEC and the senate and assembly energy committees updates on the compliance with the provisions in this bill. All very substantial amendments. I appreciate the committee.
- Josh Becker
Legislator
However, there are also concerns I frankly believe are falsely evoking public fear that- that this exposes California to federal meddling. If FERC wants to interfere with our markets today or our climate policies via our energy markets, they can do that today.
- Josh Becker
Legislator
Just to be extremely clear, in reality, even republican controlled public utility commissioners are- are not answering Trump's call for clean coal. Just this week, Arizona's Corporation Commission ignored calls to reopen Arizona's Chola Coal fired power plant on the grounds that bringing the coal plant back would be too expensive to ratepayers.
- Josh Becker
Legislator
One of the themes and the impetuses for this bill, besides the urgency of other states now looking to the markets plus from this from the Southern Power Pool, one of the other guiding themes is that the best way to reduce the use of fossil fuels across the west is to force them to compete with zero marginal cost renewables, which will happen under this bill.
- Josh Becker
Legislator
And again, not only do today's amendments extend the timeline for implementation to 2028 so they can't even join, don't have to join in January 2020, but can't even join before 2028. So we have plenty of time to assess the risks and benefits together of joining the regional organization even though again FERC already regulates our energy markets.
- Josh Becker
Legislator
Every two years CAISO will provide the CC and Senate Assembly Committee updates on compliance and provisions. As I mentioned, as I said last week, there's still many conversations to be had. As you can see, we've made a lot of progress, even just in the past week.
- Josh Becker
Legislator
I look forward to continue to work with all stakeholders on this bill. I have today with me two witnesses, Mark Joseph representing the Coalition of Utility Employees and State Association of Electrical Workers, and Caitlin Rodner Sutter from the Environmental Defense Fund.
- Marc Joseph
Person
Thank you Mr. Vice Chair and Member, My name is Mark Joseph, represent the Coalition of California Utility Employees and the State Association of Electrical Workers, both co sponsors of the bill, along with the Environmental Defense Fund and the Natural Resources Defense Council.
- Marc Joseph
Person
Three times before regionalization was brought up before this legislature and three times before it lost, we opposed it. We opposed it vigorously.
- Roger Niello
Legislator
could you lift the microphone up a little bit and speak a little closer to it? I think we'd hear you better.
- Marc Joseph
Person
The legislature said to us, go figure it out. There are too many benefits to leave on the table. And so we did, and we did so successfully. The proposal would reduce cost for ratepayers, it would improve reliability during times of stress on the grid, and it would reduce emissions.
- Marc Joseph
Person
The joint support letter that you have demonstrates the widespread support for this. Everyone from Cal Chamber. I'm a little nervous being in the same bill with Cal Chamber, the IBEW and other unions, environmental groups, large customers, industrial customers, CCAs, renewable developers, distributed energy resource companies and more. I want to thank the committee for the amendments.
- Marc Joseph
Person
They make the bill stronger. As Senator Becker outlined, there's still some discussion required. You know, this bill is perhaps seven pages long. The pathways proposal itself was like 107 pages long.
- Marc Joseph
Person
And so there are a lot of details we have to be sure we go through to sync up the bill with the proposal and be sure we get all the details right. The analysis correctly points out that the Trump Administration is a threat to our energy markets. That threat exists today.
- Marc Joseph
Person
We are already at risk today, with or without this bill. Our existing energy markets are under FERC jurisdiction. It's not like today we're immune from FERC jurisdiction. And if we pass this bill, suddenly we come into FERC jurisdiction. We're there today. This bill does not give FERC any more jurisdiction over our policies than it has today.
- Marc Joseph
Person
In any case, as Senator Becker said, the decision to participate won't come before 2028. So we have plenty of time to evaluate whether this remains a good idea. If it's not, we just don't do it. Respectfully ask for your aye vote.
- Roger Niello
Legislator
Thank you. And true collaboration would create joy when one is supported by one's other erstwhile adversaries. You may proceed.
- Caitlin Sutter
Person
Thank you very much, Vice Chair and Members of the committee. I'm Caitlin Rodner Sutter, California Director at Environmental Defense Fund, echoing my colleagues comments. This is really wonderful to have enviros and labor and some of the utilities and chamber all together on- on one bill. We're pleased to co sponsor SB 540 alongside our labor partners.
- Caitlin Sutter
Person
California has huge clean electricity potential, but we often have excess supply with nowhere to send it. Our solar generation is curtailed, meaning that we are wasting clean electricity that we have already built and paid for.
- Caitlin Sutter
Person
But planning imports and exports further in advance, which this bill would allow us to do with a better connected market, enables this cleaner power to displace the old dirty coal plants. Furthermore, the benefit of solar and wind is that they have no fuel cost.
- Caitlin Sutter
Person
As the senator talked about, resources bidding into the market at zero fuel cost will always beat higher cost resources like coal or even natural gas. No federal executive order or press release changes the market fundamentals that price coal out of the market every time.
- Caitlin Sutter
Person
This market is also going to take a few years to establish and we should not let the latest headline influence the next decade of cleaner, more affordable and more reliable electricity. SB 540 also helps California's electricity supply to become more reliable at times when our grid is under severe strain.
- Caitlin Sutter
Person
Having the widest possible source of power gives us more options to prevent blackouts. We need a grid that is larger than one extreme weather event.
- Caitlin Sutter
Person
Additionally, this bill explicitly preserves California's authority to set our own climate transmission, resource adequacy and procurement requirements and maintains the senate's overall responsibility of oversight, including the role confirming leadership for all California energy regulators. SB 540 helps to unlock more and cheaper clean electricity resources for California. I really appreciate the author's leadership.
- Caitlin Sutter
Person
I am proud of this incredibly diverse coalition of supporters that you've heard about and I'm happy to answer your questions. Thank you.
- Roger Niello
Legislator
Thank you very much. Do we have others in the room to support? State your name, organization and position on the bill.
- Chris Micheli
Person
Mr. Chairman, Chris Micheli on behalf of Silicon Valley Clean Energy in support of the bill. Thank you.
- R.L. Miller
Person
R.L. Miller on behalf of Climate Hawks Vote, strong support. Thank you.
- Chance Jones
Person
Chance Money Jones from the Independent Energy Producers, a strong proponent of this bill and the RPS. Thank you.
- Jamie Miner
Person
Jamie Miner on behalf of the California Efficiency and Demand Management Council, CEDMC, MCE and Pioneer Energy. Pleased to support. Thank you.
- Jason Eichert
Person
Good morning. Jason Eichert on behalf of the California Community Choice Association also in support.
- Larissa Marcado
Person
Good morning. Larissa Marcado on behalf of Clean Power Alliance, Amazon Web Services, Data Center Coalition and RIVIAN all in support. Thank you.
- Melissa Kosio
Person
Good morning. Melissa Kosio with Pacific Gas and Electric, in strong support. Thank you.
- Kathleen Staks
Person
Kathleen Staks with Western Freedom, strong support. Thank you so much.
- Delaney Hunter
Person
Delaney Hunter on behalf of EDP Renewables and the Solar Energy Industries Association, in support.
- Daniel Barad
Person
Daniel Barad on behalf of Union of Concerned Scientists. In support.
- Jaelson Dantas
Person
Jaelson Dantas, Full Moon Strategies on behalf of the San Diego Community Power in support.
- Martin Vindiola
Person
Martin Vindiola, on behalf of the California State Association of Electrical Workers and the Coalition of California Utility Employees, co sponsors in support. Thank you.
- Katherine Charles
Person
Katherine Charles on behalf of the Bay Area Council, in support.
- Andrew Antwih
Person
Andrew Antwih with Shaw, Yoder, Antwih, Schmelzer and Lang, here today on behalf of Advanced Energy United, in support.
- Jena Price
Person
Jenna Price for American Clean Power and Central Coast Community Energy, in support.
- Derek Dolfie
Person
Good morning. Derek Dolfie, on behalf of the California Municipal Utilities Association, we support the bill in print and look forward to of reviewing the amendments and working with the author to address any concerns. Thank you.
- Matthew Klopfenstein
Person
Morning. Matt Klopfenstein, on behalf of SMUD, echoing the comments of CMUA. Thank you.
- Elizabeth Esquivel
Person
Elizabeth Esquivel of the California Manufacturers and Technology Association, in support.
- Roger Niello
Legislator
Audience members in support, we'll turn our attention to the opposition primary witnesses, two minutes each.
- Bernadette Del Chiaro
Person
Mr. Chair, Members of the Committee, my name is Bernadette Del Chiaro, Senior Vice President, Environmental Working Group. It's never easy to oppose a bill, especially one brought by friends, but it is a very good thing
- Bernadette Del Chiaro
Person
we live in a place where we can have a healthy debate, where edicts aren't handed down from on high, and where the voice of the public interest remains at the table. Thank you for the opportunity to be here.
- Bernadette Del Chiaro
Person
While EWG appreciates the intention of the authors and the sponsors to solve myriad problems associated with our centralized electric grid, namely rising rates and reliance on dirty energy, we respectively remain in opposition to SB 540. Bigger isn't always better. Open electricity markets without proper controls never result in the grand promises the promoters espouse.
- Bernadette Del Chiaro
Person
Indeed, the last time California embarked on such an adventure, powered in part by the promise of greener horizons, it went very badly. Hasty policymaking involving large energy companies who stand to make a lot of money off of California ratepayers is generally a bad idea.
- Bernadette Del Chiaro
Person
Why not follow the precedent of SB 350 and bring this decision back to the legislature when all of the information has been brought to light? Legislative oversight hearings are good, but they actually are for show unless you give yourself the power to pull it back. Again, we appreciate the officer's intentions.
- Bernadette Del Chiaro
Person
I'll share the rest of my time with former CPUC Commissioner, Loretta Lynch. Thank you.
- Loretta Lynch
Person
Chairman and Members. My name is Loretta Lynch and I am speaking in opposition to SB 540 on behalf of a coalition of community based environmental groups. As the committee analysis explains, there are dangers in moving forward with this bill and these dangers are even greater now. Under this bill, California would open the state up to federal challenges.
- Loretta Lynch
Person
This the two major legal concerns that arise from this bill, according to the committee analysis, are based on the federal preemption doctrine and the dormant commerce clause. And the committee analysis concludes that there is a growing volume of case law that supports the reality of these risks.
- Loretta Lynch
Person
I would also note that pacificorp has just decided to keep six coal plants open that they were going to close. So it's a very fraught and unclear time.
- Loretta Lynch
Person
And while the proposed amendments attempt to close the legal deficiencies that make California vulnerable and I applaud the author for considering proposed amendments, they do not go far enough to protect California.
- Loretta Lynch
Person
And most importantly, they change the law now, today and provide too much of California's current legal authority, giving it over to the FERC and to the new RO.
- Loretta Lynch
Person
Specifically, SB 540 needs to maintain Section 345.5 B's requirement that electricity markets are run consistent with, instead of, in lieu of California law because California, not FERC must keep the right to both interpret and enforce our laws.
- Loretta Lynch
Person
Putting that California language into the new RO tariffs only gives away California's authority to enforce and even interpret those laws to FERC. And that interpretation and enforcement can come after we've already joined the market and we will have no ability because it will just be a tariff requirement that FERC gets to interpret, not California gets to enforce.
- Loretta Lynch
Person
And that leads me to SB 540 must require the CAISO to keep all Section 205 filing rights if it runs the regional markets. SB 540 allows the CAISO to become the one that runs the regional markets, but only according to the new rules as set by the new regional market operator and as approved by FERC.
- Loretta Lynch
Person
That means that CAISO will do all the work running the markets, but will cede the authority, the crucial legal right to under Section 205 of the Federal Power Act to be able to propose fixes if there are problems. And in fact that's- And in fact CAISO used that in 20- after the 2020 blackouts to fix the markets.
- Roger Niello
Legislator
You've utilized your time and the time that the previous person left for you. So if you could-
- Loretta Lynch
Person
Thank you. I would just note that the withdrawal provisions, while well intentioned, are unenforceable because under federal law, FERC must approve withdrawals and a future FERC could override a current FERCs withdrawal authority.
- Roger Niello
Legislator
Thank you. Now others in the audience in support. State your name, organization and position.
- Gene Nelson
Person
Excuse me, opposition. I'm sorry, I was supposed to have some time here, but apparently I'm not. But I'll just say two words. My name is Dr. Gene Nelson and the two words are federal preemption. That's what this bill is all about. Please oppose.
- Kim Stone
Person
Good morning. Kim Stone, Stone Advocacy on behalf of Consumer Watchdog and the Center for Biological Diversity, in respectful opposition.
- Shane Lavigne
Person
Good morning. Shane Levine, on behalf of the Northern California Power Agency. Regrettably, we are moving from a support to an opposed and less amended position, based on the amendments. Thank you.
- Cynthia Shallet
Person
Hello, I'm Cynthia Shallet and I strongly oppose this bill. I represent Sacramento Indivisible and 60 groups of Sacramento Indivisible Green Team and the Climate Justice Group and also for a total of 133 organizations including the Center for Biological Diversity, the Food and Water Watch and 350 Bay Area Action and many more. Vehemently opposed. Thank you.
- Ignacio Hernandez
Person
Good morning, Mr. Chair and Members. Ignacio Hernandez, on behalf of the Utility Reform Network or TURN, we have an opposed unless amended position. I want to thank the author for his ongoing conversations with TURN. Thank the committee for the amendments.
- Ignacio Hernandez
Person
We look forward to reviewing the amendments when they're in print to assess to the extent that they address our concerns. Thank you.
- Roger Niello
Legislator
Thank you. Others in the audience opposed? Seeing no one come forward. We'll bring it back to the- oh.
- Unidentified Speaker
Person
Cruz, on behalf of the California State Council of Laborers, I want to thank the author and his willingness to work with us on our issues associated with job creation and the impacts of jobs in California. We want to remove our opposition and move to a neutral position on this bill. Thank you.
- Roger Niello
Legislator
Thank you. Now we'll bring it back to the subcommitee for questions or comments. Senator Laird and then Senator Stern.
- John Laird
Legislator
Thank you. I'm disappointed there aren't more committee members here because this is probably the biggest bill that we have on our agenda today. And I think the- one of the issues is though is I think half of this committee voted on the bill in the previous committee. So I know they have heard it and they have discussed it.
- John Laird
Legislator
Let me just tease out a couple of the issues that I know that you addressed and are of concern to- to some of the witnesses. And one is- is- is that the Brattle report is drawn on in this regularly. But the Brattle report was done before the first hundred days of the Trump Administration.
- John Laird
Legislator
How do you reflect on what has happened since then and what is in that report that really is the basis for a lot of pieces of this effort?
- Josh Becker
Legislator
Well, we actually the- the Brattle group really underestimates in fact the- the carbon reduction piece of it because the baseline there was compared to one in which California is already participating in a small extended day ahead market which we're not yet and still trading with many other western balancing authorities as- as we do right now under the- the WEIM.
- Josh Becker
Legislator
However, that scenario is- is unrealistic because if others in the west join markets plus then they're not going to trade with us either in that- in that current 15 minute Western Energy Imbalance Market.
- Josh Becker
Legislator
So- So- So, we actually think that was sort of underestimated in terms of, you know, other things that the Brattle group would touch on specific to the efforts of the new administration. I have to go back through. If there's things specifically that you're concerned about from the Brattle study, let me know.
- John Laird
Legislator
That's the issue. And then six coal plants were mentioned and coal has been a big concern that somehow through this process we-we would lose our control over renewables and have to accept coal energy and that somehow this process is incenting coal plants. Could you speak to that?
- Josh Becker
Legislator
Yeah, absolutely. I- I would add a couple things and then maybe my joint author would- would add something there as well. I hear the concern and certainly I- I'm not going to do anything and I think this coalition will do anything that's going to increase coal into California.
- Josh Becker
Legislator
So the difference is now than 20 years ago with the energy regulation is most of our energy comes from long term contracts. So about 75% of our energy is coming from long term contracts now. And those long term contracts under a parota bill prohibit coal.
- Josh Becker
Legislator
And then if coal is bidding into the market, it has to bid in at the cap and trade price. So that makes coal non economic for California.
- Josh Becker
Legislator
Now if the Trump Administration or any federal administration, shall we say decides to do anything to subsidize coal or for subsidize coal, you know, we've certainly heard those concerns and that's why these amendments specifically put pieces in the bill that call for automatic withdrawal, unquestionable withdrawal if, if those things happen.
- Josh Becker
Legislator
You know, as I mentioned, if we're forced to, you know, subsidize coal anyway, also, this bill again clarifies that the regional organization with the amendments we cannot establish capacity markets, which is what's the process outlined in Project 2025, the main one, as a mechanism for states to buy coal. So that's what I would say.
- Josh Becker
Legislator
I'll- I'll just say the last part then, because I thought he might mention, because he's very passionate about this, that we believe the best way to reduce fossil fuel use across the west is force fossil fuels to compete against zero marginal cost renewables. As one of my witnesses shared.
- John Laird
Legislator
And then you teed up my other question, which is there's big concerns that we lock ourselves into this and that there's no ability to pull back at different times in the process. If in fact California's interests and California's renewable energy interests are disadvantaged.
- John Laird
Legislator
Could you speak to that in the sense that the bottom line is, is that true or is that false? I mean, do you with the amendments have a chance to pull back at any given time in this bill if there's an attack on California authority or there's a problem with renewables?
- Josh Becker
Legislator
Yeah, we feel it's very clear. Again, happy to continue discussions. We appreciate. We've taken amendments from term, we've taken amendments that Ms. Lynch has- has proposed and others. We feel it's very clear these are, number one, these are voluntary markets. FERC cannot force any participant to join a market or leave a market.
- Josh Becker
Legislator
Second, the protections in the bill are- are clear. The tariff filed with FERC has to include a procedure for universal unilateral withdrawal from the markets by any state or participant with reasonable prior notice without any penalties or final approvals.
- Josh Becker
Legislator
And then we also, one of the things which, you know, again, and we're not saying it's perfect yet, but I think the commendable piece of this is that this effort been tried for many years because, as was mentioned, because of all the benefits but, you know, was found lacking and people were told to go in a room and they did that for a year and a half and came up with this proposal, which is different.
- Josh Becker
Legislator
And one of the parts that's different is that CAISO must maintain the technical capabilities to revert to running a market for California participants. So there's not going to be, there wouldn't be a, a big lag if we decide to leave the Puc.
- Josh Becker
Legislator
Can direct electoral corporations leave the market at any time if the market rules result in any violation of this bill or otherwise have any negative impacts.
- Josh Becker
Legislator
And of course, all electrical corporations within CAISO's balancing authority, as we said, must leave if according to the amendments, for any reason, the RPS or the IRP, Integrated Resource Planning, process is deemed invalid by the court on grounds of impermissible discrimination, or the federal government somehow uses federal market powers to force this market to subsidize coal.
- Josh Becker
Legislator
So we put in a lot of protections there that we feel very strongly about.
- John Laird
Legislator
And then if everyone that is on this committee that was on the Energy Commission happened- Energy Committee happens to vote for the bill, it's getting out.
- John Laird
Legislator
So the question is, if this bill moves forward, are there still issues you're working on and still issues you feel you need to address to address some of the concerns that were raised?
- Josh Becker
Legislator
Yeah, I'd say first of all, it's a very broad coalition and therefore, you know, we try to. It takes a long time to sort of vet things by the coalition. We already heard some concern from one of the former, you know, proponents of it today. So it's a lot to sort of balance. But I'd say yes.
- Josh Becker
Legislator
I mean, we addressed, for example, the turn letter, which was very substantive. I think we address a lot of the things here today. But we're, there are other pieces we're still in conversations with- with them in the coalition and with other opponents. So, yeah, happy to continue discussions.
- Josh Becker
Legislator
We said we've seen a lot, this is a lot to digest, I think these amendments, but we will absolutely continue the discussions.
- John Laird
Legislator
Okay. I think that's very important given the concerns and given bringing people along. Thank you for answering.
- Josh Becker
Legislator
Thank you. And I do think these amendments strengthen the bill and we'll continue those discussions. Yeah, for sure.
- Henry Stern
Legislator
Thank you, Mr. Chair. And thank you to the joint author for soldiering forward here with such good faith and diligence despite the specious and deeply inappropriate character attacks that are being leveled by the opposition here.
- Henry Stern
Legislator
I- I'm very disappointed to hear the tone of sort of the politic tone being used today and then the heated rhetoric being used publicly against, not just you, this legislation and this effort. To
- Henry Stern
Legislator
speak out of both sides of your mouth and act polite in a room and then accuse people of having corrupt intent is really doesn't warrant much more of a response than that.
- Henry Stern
Legislator
I worked at the Public Utilities Commission at a time when we were- when we were having coal power coming into California in the wake of President Lynch's presidency. We were importing much more coal power than we are today. We had to clean up some of that mess when I was working at the PUC.
- Henry Stern
Legislator
And we did so by establishing essentially a carbon adder on imported power into this state under then AB 32 to ensure that any spot market power coming into this state couldn't simply sneak by, but that in fact we would have at our border a mechanism for assessing unspecified powers, sort of baseline carbon intensity, and that those who wanted to specify their sources of power could do so and establish say lower carbon intensity.
- Henry Stern
Legislator
So if you're a solar project in Arizona and you don't think you have the baseline carbon intensity for the broader WEC, you wouldn't be subject to that adder.
- Henry Stern
Legislator
But if you weren't specifying that power, and let's say a coal generating facility wanted to participate in a- in a day ahead market and put that power on the market that already under existing law, separate from this legislation, those protections exist. Nothing is being said to criticize those existing protections.
- Henry Stern
Legislator
And I don't hear the opponents talking about the potential preemption or infirmities under existing law, while they do. In fact there are vulnerabilities there. I don't think this bill expands any existing vulnerabilities. In fact, I think it makes it more explicit and tighter.
- Henry Stern
Legislator
If you look at subsection 13 of the new amendments offered by committee and that you've worked on so diligently, senator, this ensures that, quote, that- that nothing in this tariff will cause California electrical corporations, participating transmission owners or load serving entities to be assessed.
- Henry Stern
Legislator
Any cost of fossil fuel generation resources that are not dispatched to serve California end use loads or any cost to subsidize fossil fuel generation resources could not be made any more explicit.
- Henry Stern
Legislator
And so this continued sort of intimation that this is a backdoor on our clean energy policies is belied by the plain language in the legislation as well as the current state of law in our state.
- Henry Stern
Legislator
That said, you know, we can't control what other states do and we couldn't reach into other western states and say we're going to change what your resource mix is. So if another state, say wanted to double down on coal for whatever reason, they are free to do so. We can't control those outcomes.
- Henry Stern
Legislator
They will end up paying more for that power though. They'll be resurrecting what is a uneconomical market right now to their ratepayers detriment.
- Henry Stern
Legislator
And the way I see this legislation working is if we actually build a market that- that is robust and we don't sort of whittle away at it so much through all these sort of exit hatches and remove, you know, these sort of legislative interventions and other things to sort of cast uncertainty on our confidence entering this.
- Henry Stern
Legislator
If we enter this market robustly and actually embrace it, the California ratepayers are going to be the beneficiaries and California climate policies are ultimately going to benefit, especially if other states in the west decide to go embrace the uneconomical power because we'll take on the cheap solar and wind that for political reasons people, you know, in other places might not want to finance or might not want to bring on the rate base and they can take the super expensive old coal plants.
- Henry Stern
Legislator
I think this sets up a dynamic, especially if we invest in a robust process here and not one that sort of hedges or has one foot out the door, but we embrace it fully, that not only will our rate payers benefit, but that we will be a beachhead for renewables throughout the west, a place that you could actually sell power to at zero marginal cost.
- Henry Stern
Legislator
And hopefully those economics will start to show the path beyond politics, that others will start to see the error in sort of putting some special mark on a particular fuel source just because, you know, the President tells you it's the right thing to do when your own people have to pay for it.
- Henry Stern
Legislator
But again, we don't have that in our control. What we do have in our control is this legislation before us here today and the- and the construct of this market. And I think you've done an excellent job in working with Judiciary Committee on these amendments.
- Henry Stern
Legislator
I think it gets close to that line of having a strategy to exit the market should conditions require it without actually undercutting it. I don't think it's wise at this point to add some other sort of stage gate that has to go through a secondary layer of legislative approval before we actually move forward.
- Henry Stern
Legislator
We went through this when we built the cap and trade market in this state. We- We put what, you know, some call the fire alarm or, you know, an exit hatch. There was a-
- Henry Stern
Legislator
There's a provision still in AB 32 to this day that says, you know, if things go really bad in the economy, you can always cancel the cap and trade market. It is now the strongest carbon market in- in all the Americas. And we're, you know, we're the last market standing.
- Henry Stern
Legislator
If we had inserted some other stage gate to say the Air Board couldn't approve their scoping plan until the legislature said, okay, we would have cast serious uncertainty and billions of dollars of investment would not have come into that state.
- Henry Stern
Legislator
If we- If we put a similar provision in this legislation, we are going to hurt the renewables market in the western United States, full stop. So I appreciate your good faith and overly accommodating, I would say, approach to what we're hearing from the opposition. I don't think it actually merits that much attention.
- Henry Stern
Legislator
But um- But I do think the Judiciary Committee along with your office have struck the right balance here today. Working with some of the stakeholders especially TURN, I think there's some good faith work in there that's going on. So you know, when we do a full committee, I would love to move the legislation and that's all I've got.
- Thomas Umberg
Legislator
Alrighty, thank you very much. Any other questions? Seeing no further questions, at the appropriate time, I understand Senator Stern is going to make a motion. Thank you. Senator Becker, I know how passionate you are on this issue, how hard you've worked on this issue. You and I have had and your, your team have had conversations.
- Thomas Umberg
Legislator
This still has a little bit of a way to go, but I appreciate all that you're doing in this space. And with that, would you like to close?
- Josh Becker
Legislator
Sure. Thank you. Again, appreciation to your team. The hard work on this bill as long as the 56 others today. I just, you know, I'll quote just a little bit from a letter I think was one of the probably the best thing read on this bill from Climate Action California, 350 Humboldt, 350
- Josh Becker
Legislator
Sacramento, Climate Rally Project, Climate Hawks Vote said the opportunity in front of us today is to build a west wide energy market that will benefit California for decades to come. The feared- fears about actions of the Trump Administration impacting the new RO that won't even start till 2028 at the earliest are short sighted and missing the point.
- Josh Becker
Legislator
We take this opportunity to collaborate with our neighbors today or we lose it for the foreseeable future. 10 years of success with the WEIM have showed us how to lead the way. I respectfully ask for an aye vote at the appropriate time. Thank you.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Alright, thank you, Senator Becker. Next up we have Senator Blakespear. Senator Blakespear here? Yes, yes, she is. Senator Blakespear. File item number 3, SB 403. After Senator Blakespear, if Senator Cabaldon is here, he'll be next.
- Catherine Blakespear
Legislator
Okay, thank you. Chair. Hello, colleagues. I am pleased to author SB403, which is sponsored by Compassion and Choice's Action Network. This Bill removes the January 12031 sunset for the End of Life Option act, which is California's medical aid in dying law.
- Catherine Blakespear
Legislator
The Legislature passed the End of Life option act in 2015 to give mentally capable terminally ill Californians the right to request aid in dying drugs from their Doctor so that they can have an end of life experience that is aligned with their beliefs and values.
- Catherine Blakespear
Legislator
To qualify, a person must be an adult, a resident of California, and be diagnosed with a terminal disease defined as an incurable and irreversible disease that will, within reasonable medical judgment, result in death within six months. The person must have the mental capacity to make medical decisions and be able to self administer or or inject the medication.
- Catherine Blakespear
Legislator
There are many safeguards in place in this law. These include requiring a Doctor to determine the person has the capacity to make informed medical decisions and is not making the request under undue influence of another. Also, the person must be informed of alternative options such as palliative care and that they can change their mind at any time.
- Catherine Blakespear
Legislator
Furthermore, the diagnosis and prognosis must be confirmed by a second medical provider. Additionally, the person must make two oral requests directly to their Doctor at least 48 hours apart and submit a written request witnessed by two adults. In 2013 or sorry. In 20231281 people received an aid and dying prescription and 835 took the medication and died.
- Catherine Blakespear
Legislator
Nearly 93% were age 60 or older and 93.8% were receiving hospice and or palliative care at the time of death.
- Catherine Blakespear
Legislator
Since the law went into effect In June of 2016, a total of 4,287 people have died following ingestion of aid and dying medication under the End of Life Option act and people died with the same medical conditions that everybody dies with. 63% with cancer, 12% cardiovascular disease, 8.8% neurologic disease.
- Catherine Blakespear
Legislator
Nine years of data shows that the law is working as intended and that medical aid in dying is being safely practiced in California. There have been no reported problems or abuses. Further, I've accepted amendments that require the Department of Public Health to meet with stakeholders and determine what already collected information should be added to its annual report.
- Catherine Blakespear
Legislator
There's a large amount of information available every year on the state's website.
- Catherine Blakespear
Legislator
No other medical aid and dying law in the country has a sunset date and the reason to remove the sunset is the looming sunset can cause undue stress and fear in people who are diagnosed with a disease that will in several years be the cause of their death.
- Catherine Blakespear
Legislator
SB 403 removes the sunset, making the End of Life Option act permanent. Patients, advocates, medical providers and faith leaders who rely on the law will no longer need to worry about access to medical aid and dying being removed. With me today, I am honored to have Dan Diaz.
- Catherine Blakespear
Legislator
He's the husband of Brittany Maynard, a young woman who was forced to move from her home in California to Oregon to access the medical aid and dying drug before it was legal here. Brittany's story inspired millions and helped us pass the End of Life Option act here in California.
- Catherine Blakespear
Legislator
Dan continues to share her story across the country to help people understand the importance of these laws. I also have today Jaspreet Chowdhury, who is the Legislative Council for Compassion and Choices, where she monitors the impact of the California End of Life Option act as well as similar laws across the country.
- Catherine Blakespear
Legislator
And we have available for technical assistance Dr. Katherine Forrest, a clinical associate Professor of community and family medicine and public health specialists. And in 2021, her husband, will Forrest, benefited from the End of Life Option Act. So with that, I'd like to ask my two witnesses to come forward.
- Garrett Eckerling
Person
Thank you very much. Unfortunately, the table's occupied, so please come forward to the microphone.
- Jaspreet Chaudhry
Person
Hello, my name is Jaspreet Chaudhry and I'm the senior legislative counsel at Compassion and Choices and the Compassion and Choices Action Network. We strongly support SB403, which removes the sunset provision in the California End of Life Option Act.
- Jaspreet Chaudhry
Person
Since the California End of Life Option act went into effect in 2016, data collected by the California Department of Public Health shows that the law works as intended for those who can access it. This aligns with nearly 30 years of national data on the effectiveness and safety of medical aid and dying laws.
- Jaspreet Chaudhry
Person
As you know, the law includes numerous safeguards, including a multi step request process, confirmation of eligibility, and the opportunity for the patient to rescind their request if they change their mind. Since the End of Life Option act went into effect in 2016, more than 4,000 people have utilized medical aid and dying in California.
- Jaspreet Chaudhry
Person
Yet California is the only state in the nation with a medical aid and dying law that includes a sunset clause. If not removed, the provision will repeal the End of Life option act on January 12031 leaving patients, providers and families in fear and uncertain about the future of end of life care in our state.
- Jaspreet Chaudhry
Person
For all of these reasons, it is essential that the sunset provision is Removed and the California End of Life Option act becomes permanent. When the law was authorized, the data reports were created to answer two key questions while protecting patient and provider confidentiality. Who is utilizing the law? And is it working as intended?
- Jaspreet Chaudhry
Person
Both of those questions have been answered with the annual reports. We thank the California Department of Public Health for their commitment to transparency, timely and accurate reporting. I respectfully ask that you vote the Bill out of Committee. Thank you.
- Dan Diaz
Person
Good morning. My name is Dan Diaz, and I am Brittany Menard's husband. Brittany died on November 12014. She was only 29 years old. Brittany experienced a gentle death only because of the. Of medical aid dying. So, yes, my wife utilized the very program that we are discussing here today.
- Dan Diaz
Person
Without this option, the brain tumor would have tortured her to death. I have seen this program firsthand with all the rigid safeguards and protections that are in place. I am testifying in support of SB403.
- Dan Diaz
Person
Brittany's case received significant media attention because at the time, we had to leave our home here in California and moved to Oregon so she could access their law. When Brittany died, there were only four states with this option.
- Dan Diaz
Person
I made a promise to Brittany to help pass legislation in more states so that no one else would ever have to leave their home like we did. There are now 11 states with this option. Just two months after Brittany died, we introduced California's End of Life Option Act. That was in January of 2015.
- Dan Diaz
Person
Governor Jerry Brown signed our Bill into law in October of that year. So here we are 10 years later with the current legislation, SB 403, which simply makes the End of Life Option act permanent in California by removing the sunset provision.
- Dan Diaz
Person
The people of California deserve better than the odyssey that Brittany had to go through of leaving the state just to ensure a gentle death. Making this law permanent ensures that option. Please support SB 403. It does not result in more people dying. It simply results in fewer people suffering. Thank you.
- Garrett Eckerling
Person
Thank you, sir. And thank you for your testimony. Sorry for your loss. All right, others in support of SB403, please approach the microphone. Give us your name, your affiliation and your position.
- Katherine Sandquist Forrest
Person
I'm Dr. Katherine Sandquist Forrest. I'm in strong favor of this, and I'm available for any technical conversations as both a prescribing and a consulting physician in the State of California.
- Roxanne Gould
Person
Good morning. Roxanne Gould representing the American Nurses Association in support.
- Sarah Pender
Person
Hello, I'm Dr. Sara Pender, Hospice Bereavement Coordinator, Medical Hospital Loss and Death Program Department Chair for degree program in gerontology and I urge the support of the removal of this sunset.
- Garrett Eckerling
Person
Dr. Garrett Eckerling, family physician in support. Thank you.
- Bonnie McKeegan
Person
Bonnie McKeegan, Grass Valley. My mother used medical aid and dieting in 2018. I'm in strong support. Thank you.
- Deborah Whitman
Person
I'm Deborah Whitman, a resident of Rockland, California, and I'm in support.
- Patricia Portillo
Person
Patricia Portillo from Long Beach, California, strongly support. My brother suffered horribly before his death. Patricia Portillo De Long Beach, California En apoyo esta medida mi hermano sufiosumue GR.
- Leslie Chinchilla
Person
Leslie Chinchilla from Pico Rivera, California. The law is working as intended and I'm in strong support for this bill.
- Chris Kahn
Person
Thank you. Chris Kahn, representing the ALS Network in support. Thank you.
- Angela Hill
Person
Angela Hill, on behalf of the California Medical Association. Want to thank the author. We are neutral due to her work. Thank you.
- Garrett Eckerling
Person
Thank you. All right, anyone else in support of SB403, please approach the microphone. Seeing no one else, approach the microphone. Let's turn to the opposition. If you're opposed to SB403, please approach microphone. Two primary witnesses in opposition. Go ahead. The floor is yours.
- Dan Oakenfuss
Person
Good morning, Senators. My name is Dan Oakenfuss and I'm the public policy manager for the California Foundation for Independent Living centers. We represent 26 independent living centers serving thousands of people with disabilities all over the state, and we respectfully speak today in opposition to SB403.
- Dan Oakenfuss
Person
We're dedicated to protecting the dignity, autonomy and safety of people with disabilities across our state, and many individuals with disabilities continue to experience significant systemic barriers in accessing health care, particularly low income, rural, immigrant and minority communities.
- Dan Oakenfuss
Person
The End of Life Option act passed in 2015 included the Sunset position provision that we are debating today a vital safeguard ensuring transparency and accountability and opportunity for future legislative review based on real world data. Why we oppose Removing the Sunset since legalization policy discussions have prioritized expansion over careful evaluation of the law's impact.
- Dan Oakenfuss
Person
Key data about usage, patient demographics and safeguards is missing, incomplete or unpublished, and without a full evaluation. Removing the sunset would eliminate one of the Legislature's only oversight tools. Oversight is critical to preventing discrimination, coercion and systemic bias against people with disabilities. And without robust safeguards, people with disabilities risk being disproportionately pressured into life ending decisions.
- Dan Oakenfuss
Person
Living with disabilities deserve strong protections and full transparency, not fewer safeguards. And our request, the Committee, is a full public evaluation of the End of Life Options act impacts before considering permit removal of oversight. Thank you.
- Orlando Fuentes
Person
Good morning, Honorable Chair Umberg, Vice Chair Niello and Members of the Senate Judiciary Committee. My name is Orlando Fuentes and I am a resident of Sacramento and a proud Member of LULAC Council 2862.
- Orlando Fuentes
Person
I'm here today on behalf of the California League of United Latin American Citizens and in partnership with the La Luz Project to respectfully voice our opposition to SB403. California LULAC, one of the oldest and most respected Latino civil rights organizations in the country, is—whoops, whoops, I blacked out.
- Orlando Fuentes
Person
Is a co-founder of the La Luz Project and a broad, diverse coalition of disability rights advocates, health care providers, senior advocates, and community leaders. Our mission is simple but vital: to shine a light—La Luz—on California's end-of-life option and ensure transparency, accountability, and protection for all Californians, especially the most vulnerable.
- Orlando Fuentes
Person
We are deeply vested in this work because California was the first highly diverse state to legalize physician-assisted suicide, with Latinos comprising the largest diverse population impacted by this law. Unfortunately, disparities persist.
- Orlando Fuentes
Person
Too many low-income, rural, and immigrant Latino Californians continue to face significant barriers to health care access, particularly within Medi-Cal, and experience structural biases that cannot be ignored. Since legalization in 2015, discussions have centered primarily on expanding access rather than ensuring the law's safety, oversight, and proper implementation.
- Orlando Fuentes
Person
The sunset provision, originally included in the End-of-Life Option Act, was critical—a critical safeguard. A promise to allow meaningful evaluation is essential. While some data is collected by the California Department of Public Health, important information remains missing, incomplete, or unreported.
- Orlando Fuentes
Person
We respectfully request that the Legislature prioritize a full and public review of all relevant data before removing critical oversight mechanisms like the sunset provision.
- Karen Stephen
Person
My name is Karen Stephen. I am a hospice nurse. I have been a hospice nurse for 18 years. I have personally attended about six or seven.
- Karen Stephen
Person
I am for. I'm sorry, I got lost in the building and this is the only opportunity I have. You're in support? I am in support because I have had patients that told me that they were losing their faith in God and because of this medication.
- Unidentified Speaker
Person
Miss. On behalf of the alliance of Catholic. Healthcare and opposition, thank you.
- David Bolog
Person
David Bollog. The potential for the slippery slope is too real I'm in opposition. Thank you.
- Thomas Umberg
Legislator
Thank you. Anyone else who's opposed to SB403, please approach the microphone. Seeing no one else approaching the microphone, let's now turn to Committee for questions, questions by Committee Members. Senator Niello, then Senator Stern.
- Roger Niello
Legislator
No question: this is not a political issue, it's not a partisan issue; it is a profoundly personal, philosophic issue.
- Roger Niello
Legislator
And in reviewing the material, I've always had concerns about this. Reviewing the material, I see Governor Brown's letter when he signed it—compelling—but I, I find it... I heard the comments about why to remove the sunset, but the sunset is almost six years out, and with such a serious issue, I have a hard time removing the sunset at this point.
- Roger Niello
Legislator
I could consider it closer to the sunset but it's almost six years out.
- Henry Stern
Legislator
Thank you, Senator Stern. Yeah, thank you to the authority. A very difficult issue—yeah—looking at going through these things personally and having been part of end-of-life care for two people in my home, both my in-laws, and helping them through both Parkinson's and dementia, along with other related issues.
- Henry Stern
Legislator
Parkinson's for a 30-year period of time, where I'm sure my mother-in-law probably thought about these possibilities—especially going through Covid by yourself, frozen and isolated.
- Henry Stern
Legislator
I still can't quite get my head around the suffering that entailed, and yet she didn't pursue this. We were there with her at her bedside, with our newborn, as she passed. I personally found that transformative, and the palliative care that we were able to administer through the nursing home, I thought, was deeply compassionate.
- Henry Stern
Legislator
That said, you know, the choices that my family makes—or that I make—on either a religious or a moral basis, I don't want to insert my judgment over somebody else's and the kinds of decisions I would hope to make. I don't assume any moral righteousness in that over another persons.
- Henry Stern
Legislator
My question for you—and maybe you can address it now or in your close—is a little more on the statistical side and maybe less on the moral side.
- Henry Stern
Legislator
I guess, to LULAC's point, the analysis notes that the uptake in 2023, according to CDPH—and I think it was 1,281 prescriptions and 884 individuals from ingestion—a slight decrease from 2022 but far higher than 2021 and prior.
- Henry Stern
Legislator
My only sort of lurking concern here—and you know, especially as we have a little time before sunset—the pressure on the system, the cost, and increasingly, the silver wave, right? The increasingly aging population and the costs of medical care and hospice care, especially for those who may be terminal, is huge.
- Henry Stern
Legislator
I do worry, in places, maybe that we're less compassionate or less focused—where the medical care maybe wasn't of the highest grade—that there would have been pressure on somebody like my mother-in-law to pursue this option to, say, relieve the nursing home, or the hospital, or doctors who, you know, might, you know, might sort of be pursuing this for, you know, just different reasons.
- Henry Stern
Legislator
Whether there's a way to sort of identify or wrestle with that issue—or sort of preventative measures, maybe, in this—to, to keep an eye on that sort of inherent pressure that the system might find it, you know, more cost-effective to be promoting end-of-life options as opposed to palliative and hospice care, and sort of denying people that opportunity to go through this mystery in a different way.
- Catherine Blakespear
Legislator
Can I respond to that, please? Is that chair through the chair?
- Catherine Blakespear
Legislator
No, I'd like to just directly address this if you can. So, before I was in public office, I worked as an estate planning attorney, and I had a lot of conversations with people as part of drafting their wills, trusts, and advanced health care directives about the legal options that they have.
- Catherine Blakespear
Legislator
And the reality of our—both our culture and our legal framework—is that it's designed to keep you alive. So, when somebody wants to—if they are incapacitated and they want—they're not able to make their own decision, they appoint an agent to make a decision for them. That's not possible in medical aid in dying.
- Catherine Blakespear
Legislator
That's one of the core pieces of this—is that you have to have capacity. So, if you have, for example, Alzheimer's or dementia, you could not use medical aid in dying or any other neurodegenerative disease.
- Catherine Blakespear
Legislator
But I feel like what happens in conversations is an immediate concern about people being pressured to die—which I have seen no evidence of. And, in reality, there are a lot of people who are being kept alive by our medical establishment, and by our expectations, and by family members. And so, the momentum is to keep people alive.
- Catherine Blakespear
Legislator
And that's why we have a health care directive that allows you to say under what conditions you would like your agent to be able to determine that you shouldn't be kept alive—if you have no more function or you'll be in a persistent vegetative state and would never recover—and this kind of thing. So, you know.
- Catherine Blakespear
Legislator
So, in your personal experience, you did not experience pressure, and your family member was allowed to have the exit of her choosing—which was profoundly important for you and for her. And I think that this medical aid in dying is designed in that exact same way.
- Catherine Blakespear
Legislator
It's designed to allow for people to have the exit of their choosing and to be surrounded, as Brittany was, by her family—and not have to go through, really, the tortuous experience of losing all dignity and capacity and going into a state where someone doesn't want to go when they know that death is imminent.
- Catherine Blakespear
Legislator
I mean, you have to be. More than 90% of the people who use this are on hospice, so they are already within six months of death, and they have to have a terminal illness. So that's to that point.
- Catherine Blakespear
Legislator
Then, the other point you made is that the reason for the uptick is because the law changed right around that time—with a Bill from Susan Eggman—that decreased the time between when you had to ask for it twice.
- Catherine Blakespear
Legislator
So now it's 48 hours, and before, it was substantially longer—which meant there are all sorts of things that happen in the circumstances of why we need to wait multiple days between two requests for the medication. So, it moved to 48 hours.
- Catherine Blakespear
Legislator
I mean, people who request the medication—some have it as a comfort where they know if they get to that stage, they could take it. Some people die; they decide not to take it. Some people die before they can take it. They're just not—you know—it just doesn't work out that way.
- Catherine Blakespear
Legislator
So, because people, of course, don't know the exact minute they're going to die. So, in total, the number of people is actually relatively small, and the amount of data is relatively high.
- Catherine Blakespear
Legislator
So sometimes, I mean, if you look at the Department of Public Health and you see the different statistics that are collected, you know, there'll be something like, "What kind of insurance does somebody have?" And it'll say Medicare—or is it Medi-Cal, or is it private insurance, or no insurance?
- Catherine Blakespear
Legislator
And then there'll be a very small percentage that says "Did not answer that question"—like less than 1% or something. But that doesn't mean that there's a data problem because someone didn't answer the question of what type of insurance they have.
- Catherine Blakespear
Legislator
So, I think what we see is that we've been collecting data for nine years, and that I don't see a reason to jam ourselves—in the sense that we wait until we're right at the finish line and then say, "Okay, let's extend the sunset"—especially because people have serious anxiety about this now.
- Catherine Blakespear
Legislator
And I recognize that from the work that I did and also from the fact that I had a town hall, and it was called Charting Your Own Exit about medical aid in dying, and more than 700 people RSVP'd for it. We had to move it partially online because the community college couldn't accommodate that number of people.
- Catherine Blakespear
Legislator
There's a tremendous interest in this because of the silver tsunami and because of the number of people who have experienced their own family members or their loved ones, and they want to be—they think about it. Well, what's going to happen with me?
- Catherine Blakespear
Legislator
And so, I think there's really a desire to know that if someone has a terminal illness, they'll be able to access this drug when it comes—if that happens to be several years from now. So, thank—thank you, Chair.
- Akilah Weber Pierson
Legislator
Thank you, Chair. Want to thank the Senator for bringing this forward and having this conversation. You know, I saw this or heard this bill in Health, and I support.
- Akilah Weber Pierson
Legislator
But one of the things that really came out during that Committee hearing—and I think a little bit here—has to do with the potential for disproportionate use of this option and how it can have a negative impact; disproportionate, negative impact on certain communities: ethnic, social, economic.
- Akilah Weber Pierson
Legislator
You know, to Senator Stern's point—would there be a possibility of encouraging someone to do this in certain areas? It may have a certain type of insurance, you know, instead of some of the other options.
- Akilah Weber Pierson
Legislator
I do have a question as to why now, since the sunset isn't until 2031. And, you know, with the data, I think people are asking for more data and how it impacts certain communities and certain ethnic groups. And, you know, I hear that—I hear you stating that in the data set.
- Akilah Weber Pierson
Legislator
There's a lot of questions that are being looked at, but the reality is that the number is small—the N is small. That's what we talk about when we talk about scientific data because, to your own statement, there has not been a huge number of patients or people who have actually taken this.
- Akilah Weber Pierson
Legislator
So you can look at 100 different data points, but if you still have a small sample size, then what you're seeing is not truly statistically significant because you haven't reached that threshold yet. I am also a little concerned when I hear about the uptick recently, because it was a decrease in the time frame.
- Akilah Weber Pierson
Legislator
Because then I wonder—well, when people had more time to think—did they change their mind? I don't know that information. But to say zero—when we shorten it—there are more people that ended up doing it. It makes me wonder: if people have more time, do they reconsider or just choose not to do it?
- Akilah Weber Pierson
Legislator
But, you know, these are all things that I'm thinking about. I will support it to help it get out of Committee today—not committing to vote for it on the floor if it gets to the floor.
- Akilah Weber Pierson
Legislator
But again, the one question that I want you to kind of dig deep into is: hearing that people are looking for more data and more time, why are we doing this in 2025—eliminating a sunset that is supposed to go into effect in 2031?
- Catherine Blakespear
Legislator
Yes. Thank you. So, you know, it's January of 2031. So sometimes it does take bills multiple times to get through the Legislature. People have terminal illnesses for many years, and their long declines—with good, good medical care—can go on for a while. So, there is true anxiety right now about this Bill sunsetting.
- Catherine Blakespear
Legislator
And so, recognizing that this is the law in this state and has been for nine years, there are no—The data shows that there have been no problems and no abuses. And the data that is being collected—I understand your point that when there's very little data, it doesn't show as much.
- Catherine Blakespear
Legislator
It can end up not really saying anything. But, you know, it's a total of 4,000 people who have died following ingestion of the Medical Aid in Dying Act. So 4,000 people is data to know who is using it, and that's how we know that 93% were over age 60—93% were receiving hospice or palliative care.
- Catherine Blakespear
Legislator
You know, those types of statistics. So, I'm pursuing the Bill now because we have enough data to determine that it's working. This is not an expansion of the law.
- Catherine Blakespear
Legislator
This is recognizing that this gives people at the end of life the medical autonomy—the determination to say, I don't want to have to choose to withhold food and water to stop the suffering I'm in.
- Catherine Blakespear
Legislator
And those are the other alternatives that people have—to say, you know, I'm going to figure out how to chart my own exit in whatever way I can. And that is a very common thing—to withhold food and water as well. But that takes 10 days to die.
- Catherine Blakespear
Legislator
So allowing people who have capacity, have a condition that they will die of, to be able to access medication that they have to take. You know, this is not physician-assisted suicide. The physician is not doing anything—they're not injecting anything. There's nothing that involves the physician. People can take it alone.
- Catherine Blakespear
Legislator
They can take it with their family members—they can have a party, they can have a ceremony—they can do it on their terms. And that, ultimately, is the benefit of this. And so I do see this as a need now, and I think we have enough data to say that the sunset—we don't need the sunset.
- Catherine Blakespear
Legislator
Also, those of us in the Legislature experience sunset—proposed sunset removals on different types of bills. And the reality is that the Legislature can always reinsert itself in any question.
- Catherine Blakespear
Legislator
Its sunsets are put on there initially to say, well, let's make sure that we can look at the data. And we have the data now that we have been looking at, and it is all positive. But, you know, the Department of Public Health is still involved in this.
- Catherine Blakespear
Legislator
It's not as if we are taking ourselves or the Department of Public Health out of anything—we're just saying to people that you will be able to access this medication in many years.
- Catherine Blakespear
Legislator
If you happen to be at that stage—which is essentially on hospice—in six years, you'll be able to access it then, and it won't be gone from your options.
- Akilah Weber Pierson
Legislator
Yeah, I appreciate the answer. I think, you know, for people who are currently eligible for hospice, this medication is available to them now, next year, all the way to 2031. I guess the argument of anxiety and what may happen in 2031, 2032, 2033 doesn't really move me because there are so many things that happen—right? —in 2031.
- Akilah Weber Pierson
Legislator
We may have different medications—we may do things differently. Right. So, we do have, you know, for the next however many years, the ability to provide this for individuals while still understanding that if we get the data, we can always switch things around and.
- Akilah Weber Pierson
Legislator
But like I said, I will be supporting it today to help get it out of the Committee—but I do reserve my vote for the floor. Thank you.
- Thomas Umberg
Legislator
Thank you. Other questions. Seeing no further questions, at the appropriate time, I expect there'll be a motion. Senator Blakespear, would you like to close?
- Catherine Blakespear
Legislator
Yes, I think I'll just close with what Dan Diaz closed with, which is that this will not lead to more people dying—it will lead to fewer people suffering. And that's—that is really the core of this. And with that, I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you very much. All right, next we have Senator Cabaldon. Then I see Senator Corteze is here. So, assuming no one else appears after Senator Cabaldon, it will be Senator Corteze. Just a few housekeeping matters—in particular, for authors: if you do not have opposition, just bear that in mind when you're presenting.
- Thomas Umberg
Legislator
We've done two bills so far, and I've done the math. With the remaining bills—subtracting those on consent and assuming we don't break today—we're due to adjourn at 8:30 p.m. tomorrow. So, and for Committee Members, we want to have each bill fully explored. We'd ask that you ask questions and focus on the questions.
- Christopher Cabaldon
Legislator
Thank you, Mr. Chair, I'm here, and members, I'm here to present SB 351, which is an update to California's corporate bar in the practice of medicine to allow the Attorney General to enforce violations by private equity and hedge funds involved in medical and dental practices. I do want to make two things clear.
- Christopher Cabaldon
Legislator
First is that the bill is not about vilifying private equity, that private equity has a role to play in health care and has been. And second, that this is not a repeat, an entire repeat of the legislation from last year that the Governor vetoed. This is responsive to the governor's veto.
- Christopher Cabaldon
Legislator
That does not include the provision that required the Attorney General to review and approve every private equity transaction that's not in this bill. But what we've seen is a massive increase in private equity activity in health care.
- Christopher Cabaldon
Legislator
The number of private equity and hedge fund investments in health care surged to, it's the fastest growing segment of health care acquisitions in the country and in California. Nationwide we've seen a 20 fold increase in private equity activity in health care.
- Christopher Cabaldon
Legislator
And that kind of growth demands modern enforcement tools, not to restrict the investment, but to ensure that it doesn't compromise clinical integrity, patient outcomes, or drive up the cost to patients, to providers, and to government. So SB 351 strengthens enforcement of existing California guidance from the California Medical Board.
- Christopher Cabaldon
Legislator
The bill mirrors the guidance that the medical board has issued and protects providers in that way. The key question that has been raised about the bill by the opposition is why private equity is different in this case. And I just want to focus on that for just a quick moment. First is this is where the action is.
- Christopher Cabaldon
Legislator
As I noted, it's the only segment where we're seeing this kind of growth 20 times over the last 15 years. But second, in private equity, the transactions are very quick. Not so in most of health care.
- Christopher Cabaldon
Legislator
Private equity transactions in health, in health care more generally, research, pharmaceuticals, and what have you, tend to be a quick transaction that then translates to a long term strategic holder of that of that enterprise. Not so with medical and dental practices.
- Christopher Cabaldon
Legislator
The average hold period for medical and dental practices is now under three years, and it's been declining every year. These are very rapid fire transactions, and so our traditional mechanisms of accountability can't respond quickly enough.
- Christopher Cabaldon
Legislator
Also, when nonprofit organizations acquire or expand in their healthcare space, they are subject to the full transparency of our nonprofit laws and reviews. Same thing for publicly held companies. That's not the case for private equity.
- Christopher Cabaldon
Legislator
And reports from both physicians and study after study after study show substantial impacts on costs for consumers, but also for payers, including government, in private equity transactions. Specifically, the leveraged buyout model on private equity.
- Christopher Cabaldon
Legislator
And the most common practice, which is to acquire or through physician and dental service organizations, capture as much of the market as possible as quickly as possible, and use that market power then to drive up costs in the rest of the chain, presents specific and unique consequences for our health care system.
- Christopher Cabaldon
Legislator
So there is also substantial evidence of higher physician turnover and dissatisfaction, shorter appointments, more expensive procedures, more high cost billing, and a higher cost to patients and to plans. And so for that reason, thebBill is a targeted approach to try to address that issue. And with that, I'd like to introduce our witnesses Mr. Chair by name.
- Thomas Umberg
Legislator
Thank you. First witness, please. Please approach the microphone.
- Sheirin Ghoddoucy
Person
Good morning, Chair and members of the committee. My name is Sheirin Ghoddoucy and I am the Senior Legal Counsel and Director of Legal Advocacy for the California Medical Association. CMA is co sponsoring SB 351 to protect the integrity of the patient physician relationship and ensure that medical decisions are made free from private equity and hedge fund interference.
- Sheirin Ghoddoucy
Person
Over the years, CMA has followed the growth of private equity groups and hedge funds in health care and its impact on physicians ability to practice medicine and exercise their clinical judgment.
- Sheirin Ghoddoucy
Person
While private equity investment can serve as an important source of capital for practices seeking to expand services or maintain autonomy in an increasingly consolidated health care market, the reality of these arrangements often falls far short of expectations after the deal has closed.
- Sheirin Ghoddoucy
Person
Physicians with private equity investments have shared in confidence that their ability to make medical decisions are compromised and overridden by economic need for return on investments. In response to this, SB 351 strengthens California's corporate practice of medicine laws by empowering the Attorney General to act when commercial investors overstep and interfere with clinical care.
- Sheirin Ghoddoucy
Person
California already prohibits non physicians from practicing medicine or controlling clinical decisions, but private equity acquisitions increasingly blur these lines. SB 351 helps preserve California's strong protection against corporate practices of medicine and helps ensure accountability in a rapidly consolidating healthcare landscape. Thank you for your time and I respectfully urge your aye vote.
- Thomas Umberg
Legislator
Next witness, please. After the next witness, we'll go to Me Too testimony. Thank you.
- Letitia Edwards
Person
Good morning, Chair Umberg and members. My name is Dr. Letitia Edwards and I'm a pediatric dentist in Los Angeles, California and the Chair of the California Dental Association Governmental Affairs Council.
- Letitia Edwards
Person
As a clinician and on behalf of my dentist colleagues across the state, I'm here in support of SB 351 and to share my experience about what happens when decision boundaries are crossed by private equity in clinical practice. Patients put their trust in their doctors to do what's right for their care.
- Letitia Edwards
Person
Dentists are held to professional and ethical standards to ensure patient care remains in the hands of qualified practitioners and that that trust is protected. With SB 351, we're asking that California law explicitly regulate the increasing involvement of private equity and hedge funds to keep those investors out of the clinical lanes.
- Letitia Edwards
Person
This bill is especially timely and necessary for dentistry as dental office acquisitions outpaced mergers and acquisitions of all other medical specialties in 2024. I currently practice in three different offices, two of which are corporate practices and one of which is private equity backed.
- Letitia Edwards
Person
So I have experienced some of the pressures private equity firms can put on dentists to maximize profits. As a dentist only two and a half years into my career, many of my early career colleagues share the similar ways they feel trapped by the production goals set for them by private equity firms.
- Letitia Edwards
Person
Newer graduates have an average of nearly half $1.0 million in educational debts and are attracted to the availability of positions in corporate practices. Graduates who are offered these jobs don't always know that a practice is private equity backed and it can feel challenging to push back on production expectations which don't align with the standard of care which we learned in dental school.
- Letitia Edwards
Person
Whether it's patient quotas which limit the amount of time which we're able to spend with our patients, or encouragement to over treatment plan unnecessary X rays, cleanings, or restorative work, PE has the ability to influence and apply pressure to a dentist which ultimately can compromise clinical decision making and professional integrity. The specific parameters in SB351 help to ensure.
- Thomas Umberg
Legislator
Thank you. If you could go ahead and wrap it up. Thank you. You urge an aye vote.
- Thomas Umberg
Legislator
All right. Anyone else wishing to express support, please approach the microphone. Give us your name, your affiliation, your position.
- Timothy Madden
Person
Thank you, Chair and members. Tim Madden representing the California Chapter of the American College of Emergency Physicians, in support.
- Kim Stone
Person
Kim Stone, Stone Advocacy on behalf of the California Orthopedic Association, in support.
- Lawrence Gayden
Person
Lawrence Gaydon with the California Dental Association, a proud co sponsor.
- Ryan Spencer
Person
Ryan Spencer on behalf of the American College of OBGYN's District 9 and the California Podiatric Medical Association, both in support,
- Monea Jennings
Person
Monea Jennings on behalf of the California Association for Orthodontists in support, thank you.
- Jennifer Tannehill
Person
Jennifer Tannehill with Aaron Read and Associates on behalf of the California Dental Hygienists Association in support.
- Angela Hill
Person
Angela Hill with the California Medical Association, a proud co sponsor. Thank you.
- Tiffany Brokaw
Person
Tiffany Brokaw on behalf of California Attorney General, Rob Bonta, in support, thanks.
- Thomas Umberg
Legislator
Thank you. Anyone else in support, please approach the microphone. Seeing no one else approaching, let's turn to the opposition. If you're opposed to SB 351, please approach the microphone.
- John Steinbrun
Person
Chair Umberg, members of the committee, my name is John Steinbrun. I'm the CEO of Children's Choice Dental Care and we're respectfully opposed to SB 351 unless amended. Children's Choice was found in Sacramento and we've delivered dental care to children since 2008.
- John Steinbrun
Person
We've expanded to 28 locations in California and annually we see over 380,000 pediatric visits, 86% of which are our children on Medi-Cal dental. We've been able to expand because we've been able to access private equity funding.
- John Steinbrun
Person
The purpose of corporate practice of medicine laws is to ensure that medical decisions are made solely based on patient care and not influenced by corporate interests or the pursuit of profit. We are not opposed to prohibiting the corporate practice of medicine or dentistry.
- John Steinbrun
Person
We are, however, opposed to any measure that focuses on ownership structure rather than healthcare outcomes. Existing law already prohibits the corporate practice of medicine and dentistry and applies to all, not just to private equity firms and hedge funds.
- John Steinbrun
Person
So why does SB 351 seek to protect patients who are cared for by a private equity backed dental practice differently than patients who are cared for by other practices? Applying SB 351 only to private equity and hedge funds may be politically expedient, but it's not in the best interest of patients, nor is it sound public policy.
- John Steinbrun
Person
Finally, SB 351 sends a strong message that private equity investment is not welcome in California, thereby threatening our ability to raise capital from private equity so that we can build more dental clinics in underserved areas and take care of more kids.
- John Steinbrun
Person
I ask this committee to direct the author to work with us to amend the bill so that it applies to all, regardless of ownership structure. Thank you.
- Tim Herman
Person
My name is Dr. Tim Herman, a practicing dentist for 36 years and a member of the ADA, the CDA, and the Sacramento District Dental Society with seven locations in the Sacramento region. I'm here representing the Association of Dental Support Organizations, the ADSO.
- Tim Herman
Person
Our association has 15 member companies in California, supporting thousands of dentists and hygienists and serving patients in every corner of our state. The ADSO wants to work with lawmakers and the CDA to ensure that future legislation advances our shared priorities, advancing both oral health and the ability for dental professionals to practice their profession.
- Tim Herman
Person
To achieve this, we ask this body pursue amendments to SB 351 to improve the clarity of language, specificity of definitions, and alignment with existing standards.
- Tim Herman
Person
The core of our request is to protect the practitioners and the patients, especially those in underserved communities, by protecting their access to care and preventing cost increases, while ensuring that dental and medical decisions rest solely with licensed professionals.
- Tim Herman
Person
Dental support organizations play a critical role in ensuring that dentists can focus on providing quality care to their patients by managing the burden and complexities of running a business. These challenges include procurement, legal compliance, accounting, and facility management.
- Tim Herman
Person
By supporting these back office services, DSOs clear the way for dental professionals to do what they are trained to do, provide quality dental care.
- Tim Herman
Person
Our goal is to work with you to create clear and enforceable protections for dental providers, accountability for bad actors in our profession, including those in private equity, and most of all, regulatory clarity for ethical, transparent support organizations.
- Tim Herman
Person
Making these amendments promotes fairness, reduces uncertainty, and spares those who are serving their committee from unneeded litigation or misdirected enforcement measures. And it supports the preservation of a healthy, sustainable dental care ecosystem serving Californians at a time when confusion and cost increases are front of mind for families and business owners across California.
- Tim Herman
Person
DSOs serve to simplify the process and create greater access and affordability. We look forward to collaborating with you to preserve this ability. One quick example of how DSO supported our practice, in 2020, when the pandemic started, we were able to get the PPEs we needed to stay open.
- Thomas Umberg
Legislator
All right, thank you, doctor. All right. Others in opposition to SB 351, please approach the microphone. Seeing no one approaching the microphone, let's now turn to the committee. Oh, go ahead.
- Thomas Umberg
Legislator
Thank you. All right, let's bring it back to committee. Senator Laird.
- John Laird
Legislator
Thank you, Mr. Chair. I salute the author for bringing this bill back and trying to address the governor's veto. I would refer everybody to my floor speech last year on this, but I think the crux of it is I spent time three years ago saving a hospital, did a bill, 19 days. We raised $60 million.
- John Laird
Legislator
We did what it takes because a hedge fund bought it, was not competent in management, and was announcing it was going to close it and lay off 600 employees and have no emergency care for one of the most disadvantaged valleys along the Central Coast.
- John Laird
Legislator
And whether any of that was right or wrong would have been worth a conversation. And that's really what this bill does. It says you can have a conversation before you go into a situation like that. I think that's very important, especially about capacity, because it could have saved us a lot of grief.
- John Laird
Legislator
I recognize, and we recognize last year that some private equity firms that when medical or dental practices, the physicians or dentists age out, that in many ways it's private equity firms that are the only market for buying those practices. I appreciate that, but I think that that also is worth the conversation. So at the appropriate point, I will move the bill.
- Roger Niello
Legislator
Seems like all of the opposition is opposed unless amended. I think. So. What are the status of the discussions you might be having with them?
- Christopher Cabaldon
Legislator
Well, we just recently received the Dental Service Organization Association amendment. So we are in review. We're committed to try to work all of those issues out because as I said at the beginning, we're not. This is not a bill to try to ban private equity.
- Christopher Cabaldon
Legislator
And there are plenty of practices in both medical and dental in my own district that depend on private equity for exactly the back office support that allows providers to focus on patient care. So we're open to continuing to work that through.
- Christopher Cabaldon
Legislator
We did just receive them, but we're committed to try to make sure the bill works for those situations while continue to protect clinical practitioners and the quality of care.
- Akilah Weber Pierson
Legislator
Really want to thank the senator for bringing this bill forward. It is really unfortunate that medicine or healthcare has turned into a business instead of focusing on doing what's right for the patients, whether it's in the medical realm or in the dental realm.
- Akilah Weber Pierson
Legislator
And so, you know, as many of the outside hands that have no knowledge nor training in health care, out of health care. That's always a good thing. I do hope that you continue to have conversations, although with the opposition.
- Akilah Weber Pierson
Legislator
You know, some of these private equity firms are on the up and up and needed to keep access in certain areas, rural areas, underserved areas, some of their private practices open and afloat. So really appreciate you bringing this bill forward. We'll definitely be supporting it and hope that you continue to talk with opposition.
- Thomas Umberg
Legislator
Alrighty, thank you very much. Thank you, Senator Cabaldon. I share some of the concerns of the opposition because we don't want non medical providers, non physicians basically prescribing treatment or prohibiting treatment. And we do want investment. And therein lies the tension.
- Thomas Umberg
Legislator
And I know you will continue to try to work things out here as best as can be done. With that, would you like to close?
- Christopher Cabaldon
Legislator
I would. When I first was approached about this issue in the bill, I noticed and when we introduced it then Google Alerts started telling me every time somebody had an article or a website change about it.
- Christopher Cabaldon
Legislator
And so I saw dozens and dozens and dozens of reports, newsletter updates from the law firms that represent private equity firms that are in the health care space. Every single one of them said the same thing. The bill mirrors the existing guidance from the medical board. Makes no changes. It won't. It shouldn't change the investment climate at all.
- Christopher Cabaldon
Legislator
But you should keep an eye on it and be ready to comply, just as you already should be with the medical board guidance. So our language doesn't go any further in that domain. It does allow it.
- Christopher Cabaldon
Legislator
I think it's fair to say private equity is, doesn't work based on polling or vibes. Just looking at the numbers. And legal firm reports verify that there will continue to be strong investments.
- Christopher Cabaldon
Legislator
And as we make the amendments to make sure that we are as narrow as possible in this application, that we want to make sure that we are creating the right investment climate to attract the capital that we and many providers and patients need in order to give access to quality care.
- Thomas Umberg
Legislator
Thank you very much. I understand Senator Laird is going to make the motion, and I expect we'll have a vote. All right, thank you. Did you have another bill? No, you did not. Okay, good.
- Thomas Umberg
Legislator
All right, next. Senator Cervantes is not here, but Senator Cortese is here.
- Thomas Umberg
Legislator
And Senator Cortese, I understand that you are going to be presenting item number nine, SB 550, but also are you presenting on behalf of our colleague who couldn't be here, Senator Reyes?
- Thomas Umberg
Legislator
All right, so you'll be presenting file item number nine, SB 550, as well as file item number 25, SB 847. All right, the floor is yours.
- Dave Cortese
Legislator
Should I start with SB 847 Reyes? I'll do that. Thank you, Mr. Chair, and thank you, Members. Appreciate the opportunity to be here to present first in this case for Senator Reyes on SB 847.
- Dave Cortese
Legislator
It's directed at stopping uninsured employers from evading the responsibility to reimburse the Uninsured Employers Benefits Trust Fund to recoup that money from the trust fund to pay on an employer's behalf. The most effective method of collection employed against uninsured employers is through recording a certificate of lien.
- Dave Cortese
Legislator
While this has proven to be a successful method by which the trust fund recoups those amounts, some of the worst offending employers have exploited a current loophole of transferring property to a relative or friend after a worker injury to avoid repaying the fund.
- Dave Cortese
Legislator
What SB 847 does is resolve this issue by allowing a prima facie determination to be made when this loophole is exploited that the property is held in a resulting trust in favor of the illegally uninsured employer. So the certificate of lien would continue to attach to the property.
- Dave Cortese
Legislator
This will allow reimbursement from the employer for all sums paid by the trust fund on the injured workers claim by collecting the amounts the trust fund has expended when the employer closes a sale or refinances through an escrow.
- Dave Cortese
Legislator
The bill protects the financial stability of the Uninsured Employers Benefits Trust Fund while also providing long term timely relief for injured workers. Here to testify in support, we have Mr. Alberto Torrico on behalf of the California Applicant Attorneys Association, I believe. Is he here?
- Thomas Umberg
Legislator
I understand there's no opposition to this bill, is that correct?
- Thomas Umberg
Legislator
So Mr. Torrico will assume that he testified quite eloquently in support. We'll stipulate to that. All right, other witnesses in support of SB 847 by Senator Reyes, please approach the microphone. Seeing no one approach the microphone. Let's turn to the opposition.
- Thomas Umberg
Legislator
If you're opposed to SB 847, please approach the microphone. Seeing no one approaching, bring it back to committee. Questions by committee members. Seeing no questions by committee members. Senator Cortese, would you like to close on behalf of Senator Reyes?
- Dave Cortese
Legislator
On behalf of Senator Reyes, I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alrighty, thank you very much. Appropriate time I expect to be a motion and a vote. So let's turn to your bill now SB 550, file item number nine.
- Dave Cortese
Legislator
Thank you again, Mr. Chair, Members. I'm here to present SB 550, a bill that addresses a long standing gap in California's legal education system by creating a pathway to establish a public law school in San Jose.
- Dave Cortese
Legislator
The bill simply authorizes a potential merger or integration of a nonprofit state accredited law school into San Jose State University as a fully recognized academic unit. San Jose is the third largest city in California, as most of us know, and the largest city in the Bay Area without a public law school.
- Dave Cortese
Legislator
Santa Clara County is home to nearly 2 million residents, yet the region lacks an affordable, accessible option for legal education. In Santa Clara County, over 65% of the population identifies as Asian or Latino. Both groups remain serious, severely underrepresented among licensed attorneys statewide, as do many others amongst our diverse population, particularly in Santa Clara County.
- Dave Cortese
Legislator
The average debt for law graduates of private schools now exceeds $130,000. A 2024 study conducted by the American Bar Association found that 67% of all young lawyers, including those without loans, reported feeling stressed about their finances. The cost barrier drives talent away from public service careers and prevents first generation and underrepresented students from entering the legal profession.
- Dave Cortese
Legislator
A 2024 study from Equal Justice Works found that 79% of recent law school graduates cite low salary as a reason they would not pursue public interest law, which we believe is at least in part connected to the debt issue. In 2023, only 9.7% of law graduates secured public interest jobs. This amounts to only 3095 positions.
- Dave Cortese
Legislator
92% of low income American civil legal needs went unmet in 2022. 92%. And an estimated 150 million legal problems go unresolved annually in the United States. Excuse me. So what does any of that have to do with SB 550?
- Dave Cortese
Legislator
SB 550 helps close those gaps by enabling the development of an affordable public law school to serve the heart of Silicon Valley and diversify California's legal pipeline. And let me be at least modest enough about the bill to say it's not going to close all those gaps in California.
- Dave Cortese
Legislator
We're talking about a bill that has an impact or in effect strictly in San Jose and Santa Clara County through San Jose State University. SB 550 reflects substantial stakeholder engagement.
- Dave Cortese
Legislator
I want to note for this Committee that I've agreed to take the amendments laid out in the Committee analysis requiring five years of accreditation for any emerging law school to ensure academic stability, clarifying that CSU is not precluded from pursuing ABA accreditation for the law school in the future, and confirming that the CSU Board of Trustees must approve any potential incorporation.
- Dave Cortese
Legislator
I'll also note that the bill does not impose a timeline for implementation or a mandate to act, giving CSU full flexibility and control. The potential incorporation is entirely contingent on mutual agreement between CSU, San Jose State itself and the eligible law school.
- Dave Cortese
Legislator
With us today we have Cynthia Chagolla, Chief Program Officer of the Law Foundation of Silicon Valley, as well as Magnus Herrlin, President of the San Jose State University Pre-Law Society. And at the appropriate time and when able, I would respectfully ask for your aye vote.
- Cynthia Chagolla
Person
Good morning, Chair and Members of the Committee. We are pleased to express our support for SB 550. The Law Foundation of Silicon Valley provides free legal services to low and moderate households in Santa Clara County. Our services vary from housing to family law, public benefits, and some immigration matters.
- Cynthia Chagolla
Person
The vast majority of our clients are children, young people and persons with disabilities. The reason for our support that I want to emphasize here is the opportunity to address the justice gap. I also recognize it's not going to solve all the issues, but it will move us closer to expanding services to those who need them most.
- Cynthia Chagolla
Person
Increasing affordable options for law school will strengthen our recruitment poplar pipeline to legal aid organizations.
- Cynthia Chagolla
Person
And a very real example is in a few weeks we were scheduled to have law student interns start at our organization and we've received withdrawals because those individuals are realizing how far the commute would actually be from some of the upper Bay Area cities.
- Cynthia Chagolla
Person
While we recognize that an affordable option will again-- without an affordable option, positions at our organization go vacant and unfilled for a long period of time, which really impacts our availability, our position to provide services to the broader community that needs it most.
- Cynthia Chagolla
Person
Again, we think that adding this affordable option will address the justice gap and enhance services to low and moderate income individuals. So we ask for for your support and respectfully request a yay vote. Thank you.
- Thomas Umberg
Legislator
Thank you very much. I'm going to have to depart to another Committee, but before I do, I'm going to support the bill. I wish you luck. I engaged in this effort with the University of California, Irvine. It only took us 15 years to make it come to fruition. Started with your father, actually, in 1991.
- Thomas Umberg
Legislator
One of the challenges in California in terms of providing an affordable law school education is that all our five UC law schools are full-time programs. And there are some very elite law schools that actually have part-time programs as well. And in this journey I'd ask that you consider that or those who are applying consider that.
- Thomas Umberg
Legislator
And with that, I'm going to turn over to my even more capable Vice Chair, Senator Niello.
- Dave Cortese
Legislator
Thank you, Mr. Chair. Thank you for all your help with this and that of the Committee. Very much appreciated.
- Magnus Herrlin
Person
Good afternoon Committee Members. My name is Magnus Herrlin and I am a proud senior at San Jose State University. I am here today in strong support of SB 550. In high school I struggled academically, but coming to SJSU changed everything for me. During my freshman year, I decided that I wanted to pursue law.
- Magnus Herrlin
Person
I worked hard every day towards this goal and this fall I will be attending a University of California law school. I share this because I am not the exception at SJSU. I'm the norm. My story is the SJSU story, a story shared by thousands of students and alumni who reflect the diversity of California.
- Magnus Herrlin
Person
Nearly half of all SJSU students are first generation college students. And more than 70% identify as students of color. This is why SB 550 is so important. Unfortunately, the legal profession does not reflect the diversity of our state.
- Magnus Herrlin
Person
According to the bar, people of color make up nearly 60% of our state's population, but only 35% of the state bar. A law school at SJSU would help address this inequity by providing an affordable, accessible legal education. However, SB 550 does something else.
- Magnus Herrlin
Person
It sends a powerful message to students like me and students who will come after me. It tells them that they can be an attorney and that they belong in this profession. Just as I found my place at San Jose State University, I know this law school will inspire others who will come after me.
- Magnus Herrlin
Person
Justice is not the deviation from the CSU or SJSU mission. It is a destination. Thank you. And I humbly ask for your support on this bill.
- Roger Niello
Legislator
Thank you. Now for me-too testimony, are there others here in support? State your name, your organization and your position on the bill.
- Jason Amezcua
Person
Jason Amezcua, Dean of Lincoln Law School of San Jose, and I am in support.
- Sophia Diaz
Person
Good afternoon. Sophia Diaz, President of the San Jose State Mock Trial Program, in support.
- Maria Vera
Person
Good afternoon. Maria Vera, Vice President of the San Jose State Mock Trial Program, in support.
- Audrey Way
Person
Audrey Way, member of San Jose State's Mock Trial Program, in support.
- Nikita Panov
Person
Nikita Panov, proud member of the SJSU Pre-Law Society, in support.
- Roger Niello
Legislator
Others in support? Seeing none come forward. Do we have primary witnesses in opposition?
- Jessica Duong
Person
Good morning, Mr. Chair, Members. Jessica Duong with the University of California here in respectful opposition to SB 550. We appreciate the author's intent in providing a public law school option in his district. However, the Master Plan on Higher Education maintains that UC has the exclusive authority to offer doctoral degrees for public higher education segments.
- Jessica Duong
Person
We do understand that since the Master Plan was adopted in 1960, the education and labor force needs have changed significantly in this state. That's why in 2023, UC came to an agreement with CSU to allow CSU to offer joint doctoral degrees.
- Jessica Duong
Person
This law, AB 656, includes a review process that would ensure non-duplication of existing UC degree programs. Additionally, the legislature is considering multiple bills on higher education coordinating bodies. These coordinating bodies would revisit the Master Plan and would consider the changing workforce needs of the state instead of piecemeal approaches.
- Jessica Duong
Person
It may be best to discuss changes to the Master Plan within this body. For these reasons, we must respectfully oppose SB 550. Thank you.
- Alex Graves
Person
Morning, Chair and Members. Alex Graves of the Association of Independent California Colleges and Universities, or AICCU. Also here in respectful opposition. Among our 87 accredited member institutions, we have over a dozen that offer approved or accredited law schools.
- Alex Graves
Person
You know, this legislation continues a trend in recent years to legislate degree authority expansion for this segments and whether it's been nursing at community colleges, teacher preparation at community colleges, or public health at the CSU, oftentimes, like this bill, we see the discussion is framed in the context of workforce needs and or regional needs.
- Alex Graves
Person
We think that degree authority expansion is but one way to tackle those challenges. And like my counterpart from the UC, we do believe that a better approach to tackling those issues would be through one of the various proposals currently circulating around education and workforce coordination and meeting those needs that way. Thank you.
- Thomas Umberg
Legislator
Thank you. All right, Anyone else opposed to SB 550, please approach, provide your name, your affiliation, your position. Seeing no one approaching. Let's bring it back. Senator Laird.
- John Laird
Legislator
Thank you very much. I chair the Education Budget Subcommitee and these issues are many times within our purview in two comments. One is that the three most underfunded University of California campuses are those that don't have a medical school or a law school.
- John Laird
Legislator
And I know that we are working to get a medical school at UC Santa Cruz over time. I don't want anything to jeopardize that. But the CSU and UC systems are proposed by the governor for an 8% reduction right now.
- John Laird
Legislator
And while we are working really hard to reverse that reduction, there's going to be a lot of difficulty just holding their own in the short term. And I appreciate the author taking an amendment that this requires the approval of the CSU Board of Trustees because then they can weigh that.
- John Laird
Legislator
They can decide if they're facing an 8% cut, whether this is something that they should be considering in that whole mix. So I'm going to vote to move the bill along, but there are those concerns that are out there.
- Akilah Weber Pierson
Legislator
Thank you, Chair. I want to thank the author for bringing this bill forward. Completely understand your intent of the bill. I do have significant concerns with this piecemealing that we have done and this bill would do in terms of not looking at everything from a higher perspective of where things need to be.
- Akilah Weber Pierson
Legislator
I know the California Master Plan for Higher Education is older and potentially outdated, but there are conversations and things moving along to look at things and to revamp them and bring them up to speed.
- Akilah Weber Pierson
Legislator
You know, understanding in the past that there have been changes in teaching and health degrees, specifically around nursing, and those are generally because we have a significant shortage of teachers and public health providers. I'm not completely sure what the shortages of lawyer is in California. Completely understand the issue with diversity.
- Akilah Weber Pierson
Legislator
I have nothing against attorneys. My father was an attorney. I was with a bunch of attorneys this weekend as they were inducting him into Cable's Law of Fame-- or Hall of Fame, excuse me.
- Akilah Weber Pierson
Legislator
But I do have significant concerns with this piecemeal approach and really I'm looking forward to doing a more holistic overview of what we need to do here at the state in terms of our higher education. Thank you.
- Thomas Umberg
Legislator
Thank you. Other questions? Seeing no further questions. Senator Cortese, would you like to close?
- Dave Cortese
Legislator
Mr. Chair, I promise I'll just spend a couple of minutes, but I want to try to address some of the concerns. When the Master Plan for Higher Education was created in 1960, which has been cited over and over again by the opposition, including in the first paragraph of their opposition letter, 1960, I was four years old.
- Dave Cortese
Legislator
Santa Clara County was called the Valley of Heart's Delight. We are not trying to change the rest of California here. We're saying that this community, which is now 2 million people, which has the highest GDP of any county in the nation, has no public law school. The Valley of Heart's Delight was about prunes and apricots and canneries.
- Dave Cortese
Legislator
And if the Master Plan for Higher Education is still going to be used and the workforce preparation in that master plan was to be taken just as seriously as this objection then we would be preparing people to work in canneries to harvest prunes, perhaps to be managers of those operations, that's how obsolete this master plan is and what a red herring it is in terms of this issue.
- Dave Cortese
Legislator
The poster child for the state accredited school that is in San Jose, the dean was here testifying as a me-too, is Teresa Guerrero-Daley, the late Teresa Guerrero-Daley, who was the first independent police auditor in San Jose.
- Dave Cortese
Legislator
A woman of color who went to the state accredited school in San Jose, as did I, worked for four years while she raised her children as a single parent on general assistance, became the first independent police auditor in San Jose and then became a city judge before she passed away. There are numerous, numerous stories like that.
- Dave Cortese
Legislator
More, of course, than we have time to go into. None of that is being addressed by the UC system or the private system of law schools in the Bay Area. And that's where the problem lies. The state master plan for higher education calls for accessibility and affordability.
- Dave Cortese
Legislator
The only way that's going to happen in our area is if there's an opportunity for the CSU campus, San Jose State University, which backs up to the only state accredited school in the Valley, literally backs up to it a block away to give them an opportunity to see if they can integrate that same affordability, that same history of providing working adults and underserved folks an opportunity to go to law school, pass the bar, which of course they have to do to maintain their accreditation at a certain level.
- Dave Cortese
Legislator
And that's what we're trying to do here. We're trying to have that conversation. And we don't think that justice should wait. We don't think that justice should wait. It'll take long enough to try to do an integration like this. As the chair alluded to earlier, it's hard work.
- Dave Cortese
Legislator
So thank you, Mr. Chair, for tolerating on a very busy docket that you have today. I close and I respectfully ask for your aye vote when the time comes. Thank you.
- Thomas Umberg
Legislator
Thank you, Senator Cortese. I anticipate a motion and a vote later on. Next is Senator Grayson. Senator Grayson, there's no opposition to your bill. I'm going to turn it over to Senator Niello and I'll be back shortly. Thank you.
- Timothy Grayson
Legislator
Thank you so much, Mr. Chair, Vice Chair and Members. I'd like to start out by stating, well, first of all thanking the chair and Committee staff for their time and work on this bill. I will be accepting the amendments.
- Timothy Grayson
Legislator
At its core, SB 291 is a simple bill to ensure that licensed contractors who have employees carry workers compensation insurance policies by 2028 as required by current law. It would establish new steep penalties for licensees who do not comply with workers compensation insurance requirements if it is subsequently determined that they do have employees.
- Timothy Grayson
Legislator
SB 291 would also direct the contractor state license board to develop an audit and other system or another system to determine which of their licensees truly do not have employees.
- Timothy Grayson
Legislator
So the bill would uphold consumer protections by establishing significant penalties for any licensee who does not follow existing law and will also make sure that we have the necessary data to create a pathway in the future to ensure that licensees without employees do not have to carry unnecessary workers compensation insurance policies.
- Timothy Grayson
Legislator
What it will ultimately do is help our state to maintain the licensee population needed to meet consumer construction needs while meeting our commitments to California workers. I do have a witness through the chair who will self identify.
- Rebecca May
Person
Good morning Chair and Committee Members. Rebecca May on behalf of the Contractor State License Board, the sponsor of SB 291. I want to thank Senator Grayson for authoring this bill. As the Senator noted, all licensees will be required to carry workers compensation insurance whether they have employees or not, starting January 1, 2028.
- Rebecca May
Person
Right now, the law allows some licensees to self certify that they do not have employees and are exempted from workers comp requirements. Approximately half of licensees claim this exemption. Through the board's consumer complaint handling, it's apparent that many contractors falsely claim the exemption despite having employees.
- Rebecca May
Person
This creates a hardship for workers that may be injured on a construction site and an unfair business advantage over those licensees who secure workers comp for their employees. This prompted the board to sponsor legislation SB 216 of 2021 require workers comp for all.
- Rebecca May
Person
Since that bill's passage, the Legislature and CSLB have heard from individual licensees who work by themselves with no employees and do not benefit from having a workers compensation policy.
- Rebecca May
Person
The board aims to strike a delicate balance between licensees who follow the rules by having workers comp to protect the individuals that they hire and contractors who legitimately work by themselves with no employees. Thank you again, Senator Grayson, for working with us on a lasting and workable solution to this issue.
- Rebecca May
Person
While the board has not yet had an opportunity to review the recent amendments taken in Business Professions and Economic Development Committee, CSLB staff will continue to work with all stakeholders as this bill moves forward. Thank you.
- Roger Niello
Legislator
Is there another primary witness? Are there others here in support? State your name, organization and position.
- Matthew Easley
Person
Thank you. Matt Easley representing the Associated General Contractors of California here in support. And we thank the author for their recent amendments and working on this bill. Thank you.
- Roger Niello
Legislator
Thank you. Others in support? Is there a primary witness or primary witnesses in opposition? Seeing no one come forward. Any others in opposition? Seeing no one come forward. Bring it back to the dais. Any comments or questions from Committee Members? Senator Grayson, you may close.
- Roger Niello
Legislator
Very good. And now, do we have an author in the room? It appears we do not. There's me and there's also Senator Weber Pierson as I'm chairing. Oh, okay. I'm not sure if mine are or not, but I will go ahead and present and--
- Roger Niello
Legislator
Good morning Substitute Chair and Member. I am presenting SB399 regarding interdistrict transfers. Inter district transfers permits have long have been a long standing tool that families and students have utilized if they need to seek a change from their current education situation. Interdistrict I do have my witness here. Thank you.
- Roger Niello
Legislator
Interdistrict transfers allow a student to transfer from one district to another district if both districts consent to the transfer and the student meets any locally determined conditions. For instance, districts receiving these transfer students may require students to meet certain attendance and or academic standards.
- Roger Niello
Legislator
The Legislature has worked on numerous bills over the years to streamline the process to be sure it is transparent and fair. While there is statute to define the circumstances a student can transfer under as well as statute for the process schools must follow for posting of procedures and timelines.
- Roger Niello
Legislator
There is very little transparency at the state level as to how often it's happening and the reasons for which students are seeking to leave a district. This leaves educators, parents, students, policymakers alike lacking the why of the transfer, which is very important. School districts already gather much of this information, but it's not reported at a statewide level.
- Roger Niello
Legislator
Without this type of performance and utilization information, it's difficult to understand the full extent that inter district transfers are being utilized. This Bill actually builds upon AB1984 of then Assembly Member Weber Pierson, which unanimously passed last year.
- Roger Niello
Legislator
That Bill requires local education agencies to provide the California Department of Education with data on pupil transfers due to disciplinary reasons and the Department of Education to collect and publish that data on their website. SB399 requires a school district to maintain a record of all requests for interdistrict transfer and records of the disposition of those requests.
- Roger Niello
Legislator
It also requires it will it also will require a school district on or before the end of June of each year to submit the information described above for the current school year to the state superintendent of Schools.
- Roger Niello
Legislator
The bill would require the superintendent then on or before August 1st of each year to post information submitted for the current school year on the department's website. Here to testify in support today is Lance Christensen of the California Policy Center.
- Lance Christensen
Person
Welcome to the Committee. Thank you Chair and Members. We are well reflected analysis. We just believe more transparency is better for the system for the students, the parents, the schools and others who are engaged in a public education and look forward to supporting this. Paul, thank you very much.
- John Laird
Legislator
Thank you. Are there any other witnesses in support? Anyone that wants to do a Me too in support? Anyone who is here to testify in opposition to this bill, Senate Bill 399. Last call, seeing no one. We'll bring it back to the members. I know I've supported this in education. Any comments? We have no questions or comments.
- John Laird
Legislator
Would you like to close? I respectfully request an aye vote at the proper time. Great. Thank you very much.
- Roger Niello
Legislator
Senator Weber Pierson, you have two bills, one is on consent and then two bills to present. Correct? Would you like to start with 503 or 679?
- Akilah Weber Pierson
Legislator
I will start with 503, thank you. So good morning Vice Chair and Member. Today I will be presenting SB503 which would require patient care decision support tools to be tested for biased impacts when deployed in healthcare facilities. AI tools do not operate in a vacuum.
- Akilah Weber Pierson
Legislator
They are created, trained and deployed by people and each step of the development and deployment can be embedded with and reflect existing societal biases. In healthcare specifically, decision support tools can be developed to assist with diagnosis, treatment planning and resource allocation.
- Akilah Weber Pierson
Legislator
However, if these tools are trained on incomplete, non-representative or biased data, they risk reinforcing or even worse or worsening existing disparities. Without both proactive efforts and ongoing monitoring of their output, biased results can under can go undetected and uncorrected, leading to real harm in patient care.
- Akilah Weber Pierson
Legislator
I do see the promise that AI holds in healthcare improving clinical accuracy, streamlining workflow, detecting conditions earlier and advancing personalized care. But one of its greatest challenges is the risk of perpetuating bias and inequity when deployment without careful oversight. And we know that the consequences of these biases are severe in health care.
- Akilah Weber Pierson
Legislator
They translate to shorter life expectancy, higher rates of infant and maternal mortality, psychological distress and chronic life threatening diseases, particularly among minority and marginalized groups. Several research and healthcare institutions have already begun the important work of identifying, correcting and continuing monitoring of bias in their models.
- Akilah Weber Pierson
Legislator
For example, UCSF has tested the AI model used in their scheduling system and found bias as the system was automatically double booking Medi-Cal patients on the presumption that they would not show up for their appointments. This ultimately impacted black, brown and lower income patients.
- Akilah Weber Pierson
Legislator
Even major large language model or LLM for short companies have recognized the importance of acknowledging that bias can exist within and be perpetuated by their models. A study in 2019 looked at one of the largest and most typical examples of commercial risk based AI models used in health care on roughly 200 million Americans each year.
- Akilah Weber Pierson
Legislator
Researchers studied that algorithm used to identify patients for the Health Facilities Care Management Program. The study demonstrated that black patients were more less likely to be given a lower risk score and therefore less likely to get the care and services they needed based on the algorithm's risk assessment.
- Akilah Weber Pierson
Legislator
The researchers then went back and considered overall measures of health such as chronic conditions such as diabetes, high blood pressure medications in their calculations, and their risk assessment for the patients varied greatly from the studied algorithm.
- Akilah Weber Pierson
Legislator
After the initial results, the researchers took a deeper dive and it was discovered that the studied algorithm's risk assessment was based on how much money was spent on patients health care.
- Akilah Weber Pierson
Legislator
Therefore, the algorithm inappropriately concluded that black patients needed less medical intervention simply because there is less money spent on their care rather than taking into account their actual health conditions and diagnosis. In addition to this study, others have shown similar harmful medical practices, outdated race based medicine and disproven racist rhetoric.
- Akilah Weber Pierson
Legislator
In all of these examples and more, they highlight the urgent need for proactive screening and continued monitoring to ensure that these tools are safe, accurate and equitable, especially when used in sensitive health care settings or with vulnerable patients.
- Akilah Weber Pierson
Legislator
SB503 will specifically require developers in healthcare facilities to identify AI technology that considers protected characteristics when supporting clinical decision making and make efforts to reduce or mitigate potential biased outputs and ensure that these tools are tested for biased impacts. We cannot just hope that these tools operate as intended once in the user's hands.
- Akilah Weber Pierson
Legislator
The moment that these tools are introduced into real world environments influencing real patient care decisions, that is when oversight matters most. Without proper safeguards, what was designed to improve care can actually potentially cause harm. SB503 will bring together those behind and those utilizing this technology for common goal of protecting patients from avoidable harm.
- Akilah Weber Pierson
Legislator
Proactive collaboration will help us identify and reduce bias promoting safety without hindering innovation. This bill is also a CLBC priority Bill in our Road to Repair legislative package and I respectfully ask for an aye vote on SB503. Thank you.
- Roger Niello
Legislator
And I believe you said your witnesses are not here. No. Are there any others in the room in support of this legislation?
- Roger Niello
Legislator
And any others? Seeing none come forward. Is there anybody? Is there a primary witness in opposition? Seeing no one come forward. Are there any other witnesses in the room in opposition? Seeing none come forward. Bring it back to our committee. Senator Laird, do you have any questions or comments? Time to speak. Me too. You may close.
- Akilah Weber Pierson
Legislator
Appreciate the committee hearing this bill and at the appropriate time respectfully ask for an aye vote.
- Akilah Weber Pierson
Legislator
California continues to lack consistent statewide data on how physicians, especially medical residents are treated when it comes to credentialing, discipline or dismissal from hospitals, we've heard repeated concerns, particularly from communities of color, about residents and physicians being pushed out under questionable circumstances with little transparency and no ability to track broader patterns of our physician workforce.
- Akilah Weber Pierson
Legislator
When these decisions happen behind closed doors and without accountability, it becomes impossible to tell whether a physician was treated fairly or if bias played a role.
- Akilah Weber Pierson
Legislator
In 2017, prompted by the concerns from the Charles Drew Medical Society and the Los Angeles Society of Golden State Medical Association, the California Research Bureau released a study commissioned by the medical board which found significant racial disparities in how physicians are investigated and disciplined.
- Akilah Weber Pierson
Legislator
The results of the study showed that Latino and black physicians were more likely to receive complaints, be investigated, and face disciplinary actions, despite them both making up a smaller share of the physician workforce. These findings, while observational, are not anecdotal. They reflect systemic trends.
- Akilah Weber Pierson
Legislator
The Accreditation Council for Graduate Medical Education has raised similar concerns at the national level. They found that black residents, who make up just about 5% of all residents, are disproportionately dismissed from their training programs. These concerns reflect the challenge California is already experiencing with significant physician shortage.
- Akilah Weber Pierson
Legislator
By 2030, the state is expected to fall short of about 4,100 primary care doctors, with the most acute gaps affecting rural areas and communities of color. Many of these physicians are being lost to these questionable practices are the very ones who serve these vulnerable populations.
- Akilah Weber Pierson
Legislator
By addressing these disparities and supporting the retention of physicians from underrepresented groups, we can help foster a health care system that is both culturally competent and reflective of the diverse population it serves, ultimately improving patient care by ensuring all communities needs are met effectively.
- Akilah Weber Pierson
Legislator
SB 679 would address this by creating a simple, transparent statewide reporting system that collects non identifiable demographic data on hospitals credentialing decisions, including data on how many physicians and residents had their hospital privileges granted, revoked or limited, and how these decisions break down by race and gender. The goal is not to punish hospitals or micromanage care.
- Akilah Weber Pierson
Legislator
It is to identify patterns that may suggest bias or inequity so that we can protect civil rights and ensure fair treatment of all physicians in our state. This is also a priority bill for the Legislative California Black Caucus. And respectfully ask for an aye vote on SB679.
- Roger Niello
Legislator
Thank you very much. And do you have any witnesses for this bill? They're on a plane. I guess we can't hear from them then. Is there anybody in the room in support of this bill? Seeing none come forward. Are there any primary witnesses in opposition to the bill, seeing no one come forward.
- Roger Niello
Legislator
Is there anyone else in the room in opposition to the bill, seeing no one move forward. We can bring it back to the committee, which is just me. You may close.
- Akilah Weber Pierson
Legislator
Want to thank you. Thank the committee for their thoughtful analysis on this bill and at the appropriate time, request an aye vote on this bill.
- Roger Niello
Legislator
Thank you very much. And we will be taking a break now and we will reconvene at 1:30. At 1:30. So we will see you all back here then.
- Roger Niello
Legislator
Senator Umberg, [German]. That means, that means you may proceed. You will start with Item 56, SB 35.
- Thomas Umberg
Legislator
We've got witnesses on 35. So 43 strengthens oversight of California substance abuse disorder treatment system by implementing requirements for referral agencies, mandating financial disclosures, and enhancing enforcement against unethical practices. What happens is referral agencies often use misleading online listings and fake license claims to lure patients into unregulated sober living homes.
- Thomas Umberg
Legislator
Certified outpatient programs use online platforms to entice patients to enter programs while diverting insurance payments to pay for housing. What this does, this SB 43, addresses the regulatory gap by establishing a regulatory framework for overseeing referral agencies that direct individuals to licensed or certified addiction treatment programs with enforcement oversight assigned to the Department of Justice.
- Thomas Umberg
Legislator
With me today on SB 43 is Sequoyah Thiessen is--there she is--Sequoyah Thiessen, and also Sherry Daley with the California Consortium of Addiction Programs and Professionals. So, you all would come forward to the microphone?
- Sherry Daley
Person
Good afternoon, Honorable Chair and members. Sherry Daley with the California Consortium of Addiction Programs and Professionals, representing over 20,000 addiction counselors, more than 100 treatment programs, 350 recovery residences, and thousands of people in recovery throughout the state, here to support SB 43 to end the horrendous practice of body brokering in the addiction treatment industry.
- Sherry Daley
Person
CCAPP has sponsored multiple bills to penalize unscrupulous addiction treatment centers for participating in kickback schemes that defraud vulnerable people seeking addiction treatment. Unfortunately, there are bad actors still preying upon people seeking treatment for their loved ones in our industry.
- Sherry Daley
Person
Although our past legislation covers entities regulated by the Department of Health Care Services, these online actors lurk in the unregulated spaces provided via Internet platforms. So-called addiction online registries spring up with little investment of time or financial resources with one goal in mind: to ensnare people with good insurance benefits and sell them to the highest bidder, regardless of the patient's needs, the license status of a provider, or the means by which these victims are transported across state lines.
- Sherry Daley
Person
SB 43 simply requires that group advertising and referral agencies in our industry meet the same requirements that chiropractors and dentists do. Requiring them to be transparent with their financial practices will eliminate all illegitimate registries because without kickbacks, they cannot sustain their enterprises. SB 43 protects an extremely vulnerable population in the midst of crisis while also protecting communities from the pipelines created by patient brokers who bring people to our state who have questionable medical necessity and are discharged to the streets to become homeless hundreds of miles from where they came. I urge your aye vote.
- Sequoyah Thiessen
Person
My name is Sequoyah Thiessen. I'm currently residing in LA. I'm a student, and I do historical justice work and research. I started using drugs when I was like 15 and having come from an already traumatic background that led me into addiction, I can confidently say that patient brokering was the worst thing I ever went through.
- Sequoyah Thiessen
Person
I don't like the word 'client.' When people suffering from addiction go to rehab, they are at their most vulnerable. Sorry. It's called body brokering because control over our bodies, agency, and freedom become the margin for profit. I was held hostage, not allowed to leave, as well as my belongings.
- Sequoyah Thiessen
Person
During my time in treatment, I witnessed immeasurable exploitation of myself and others. I constantly felt like a pawn and I was forced to watch treatment owners rack up immense wealth while simultaneously destroying people's lives and sometimes ending them.
- Sequoyah Thiessen
Person
Once you are caught into patient brokering scheme, you are likely to endure violence, sexual harassment, emotional manipulation, cult-like environments, and grotesque living conditions. Your sobriety will be commodified over and over again. Your health will be seen as a threat to their profit. I was put into stressful situations deliberately to push me to my limits.
- Sequoyah Thiessen
Person
These facilities supported and often funded my sickness, codependency, and regression for their own gain. Addicts endure immense stigma in society. We're overlooked, not taken seriously, and even blamed for the things that happened to us.
- Sequoyah Thiessen
Person
Most of all, my future as a human being was completely disregarded, reduced repeatedly by forced relapses and constant displacement for their profit. Against all odds, I am a member of my community that's very active. I have a 4.0 in school. I do really well now, but I really believe that people suffering from addiction yearn for purpose, and please help us find it by protecting us at our most vulnerable and making sure that we get adequate treatment. Thank you.
- Roger Niello
Legislator
Thank you for that testimony and congratulations to you for recovering from that horrible experience you went through.
- Roger Niello
Legislator
And do we have other members here in favor for #MeToo testimony? State your name, organization, and position.
- Mark Burgett
Person
Mark Burgett. I'm representing Shatterproof, a nationwide nonprofit who works on this. We're a co-sponsor of the bill along with CCAPP, and I just do want to mention briefly, this is a very elegant solution to a really horrible problem. The same language has been used for dentists, marriage and family counselors, chiropractors. Very successful--
- Jared Moss
Person
Good afternoon. Jared Moss, on behalf of the California Police Chiefs Association, in support.
- Roger Niello
Legislator
Any other people in support for #MeToo testimony? I see one coming up.
- Kimrey Kotchick
Person
Thank you, Chairman, today. I didn't expect to come up, but ideal--I work and own--
- Roger Niello
Legislator
State your name, your organization, and that you're in support.
- Kimrey Kotchick
Person
My name is Kimrey Kotchick. I work with Squatter Squad and we--the young lady that got stuck in that--we help the property owner and them, so I'm in favor strongly of this.
- Roger Niello
Legislator
All right. Anybody else wanting to give #MeToo testimony? Seeing nobody approach, is--are there primary witnesses in opposition? Seeing no one approach, are there other people who wish to express opposition to the proposal? Seeing no one come up, we'll bring it back to members. Does it--do any--are there any questions or comments? Seeing none. Senator Umberg, you may close.
- Thomas Umberg
Legislator
Thank you, Senator. Substance abuse disorder is a health issue. It is treatable. Contrary to some conventional wisdom, it is treatable, and this helps, especially in the area of body brokering with concerning sober living homes and treatment facilities. I urge an aye vote.
- Roger Niello
Legislator
And when we are able to establish a quorum, we'll vote on that. Do you want to continue?
- Thomas Umberg
Legislator
Well, I would love to continue, but consistent with the committee's practice, I see there's another author here who's ahead of me on the files.
- Roger Niello
Legislator
That would be Senator Cervantes, presenting two bills to us, and I think she's prepared. Not quite. You may proceed.
- Sabrina Cervantes
Legislator
Thank you, Mr. Chair and Committee Members, for the opportunity to present Senate Bill 307 today, a critical measure to protect the educational future of undocumented students in California.
- Sabrina Cervantes
Legislator
This bill mandates that the California State University system adopt clear proactive protections for undocumented students who are subject to federal immigration action and respectfully urges the University of California Regents to do the same if a student is detained, deported or otherwise prevented from fulfilling their academic responsibilities due to Federal Immigration Order.
- Sabrina Cervantes
Legislator
SB307 ensures that a designated Dream or Resource Liaison and staff at CSU and UC campuses provide comprehensive support, including assistance with financial aid, academic advising and access to all available student resources.
- Sabrina Cervantes
Legislator
It also establishes that the student's eligibility for int state tuition is preserved regardless of their immigration status, as long as they meet the requirements already set forth in state law. It also establishes a uniform statewide policy to address the academic consequences of immigration enforcement.
- Sabrina Cervantes
Legislator
This policy must include protections for student grades, re enrollment rights, academic state if they are forced to withdraw due to immigration action. It also has a defined re entry window which is guaranteed allowing students to return and resume their education at the same academic status upon written notice of their intent to return.
- Sabrina Cervantes
Legislator
California is home to over 410,000 undocumented college students, the largest such population in the nation. These students are hardworking, ambitious and deeply invested in their futures. Yet they live under the constant shadow of deportation, many without the protections of DACA. Over 70,000 Californians were excluded from DACA due to Trump era policies and court rulings.
- Sabrina Cervantes
Legislator
Another 100,000 are ineligible for other reasons. These students face not only legal uncertainty, but also emotional and educational instability. These young people are our future engineers, educators, doctors and entrepreneurs. Our public institutions have a responsibility to provide them with with stability and support.
- Sabrina Cervantes
Legislator
Not just a designated office or liaison, but real enforceable policies that protect their academic continuity in times of crisis. With me to testify are our sponsors of the bill. California Faculty Association, we have Dr. Michelle Ramos, Felicia. We also have Eric Baredes, Legislative Director.
- Thomas Umberg
Legislator
Thank you very much. I appreciate you being here. I understand there's no opposition in this bill. Is that your understanding? Thank you. Go ahead.
- Eric Paredes
Person
Great. Good afternoon, Chair, Members of the Committee, Eric Paredes with CFA just want to applaud the author for bringing this important bill forward. And you know, we look forward to continuing to work with the author and other Members of the Legislature to really just enhance protections for our students.
- Eric Paredes
Person
And if I may ask for permission, I would love to yield the remaining time to Dr. Michelle Ramos Felicia. Sure. Thank you.
- Michelle Felicia
Person
Buenas tardes, Chair and Members of the Senate Judiciary Committee, Dr. Michelle Ramos Felicia, Professor at Cal State San Marcos and Vice President elect for my union, the California Faculty Association, a proud sponsor of this bill. I am here to speak in support of SB307.
- Michelle Felicia
Person
All of us are being impacted one way or another by the insidious and nefarious attacks on our immigrant communities, specifically our undocumented siblings. I am particularly concerned about the students coming to us at the CSU for an education. Yet our institutions are not willing to provide the necessary protections and accommodations undocumented and mixed status students need.
- Michelle Felicia
Person
In this unpredictable and frightening times when your whole life and that of our loved ones can be turned upside down in a split second, snatched from our communities and sent without due process to a prison in a foreign country. Those are the times we live right now.
- Michelle Felicia
Person
So I am here to share with you several testimonials that illustrate the need for SB307 for the students who fear having to commute and cross checkpoints in order to come to our campuses.
- Michelle Felicia
Person
And I speak to also the experience of my students at Cal State San Marcos, for the student who was deported in the final days of their degree. For the students who are afraid to take public transportation and go to campus for fear of ice and got rights from faculty and students.
- Michelle Felicia
Person
For the students who were pushed out of school because they could not attend class and they were too afraid to leave their house because of the ice raids happening in our communities. These are the college students we educate, counsel, advise, and coach on our campuses. These are the students whose livelihoods are on the line.
- Michelle Felicia
Person
Students who, if detained or deported, will benefit from the accommodations proposed in SB307, like re-enrolling at their respective campuses where they previously enrolled so they can retain their previous academic status when they're withdrawn for not attendance due to actions undertaken by immigration authorities.
- Michelle Felicia
Person
I urge you to support SB307 for the students, for our loved ones, for our communities. Gracias.
- Thomas Umberg
Legislator
Thank you very much. Thank you, Doctor. All others in support of SB307, please approach the microphone.
- Valerie Johnson
Person
Good afternoon, Chair and Members, Valerie Johnson with the California Undocumented Higher Education Coalition in support.
- Adam Keigwin
Person
Mr. Chair and Senators, Adam Keglin, on behalf of the California Charter Schools Association and Alliance College Ready Public Schools in support. Thank you very much.
- Thomas Umberg
Legislator
If you're opposed to SB307, see no one else. Approach the microphone. If you're opposed to SB307, please approach the microphone. Going once, going twice. All right, seeing no one approaching the microphone. Let's bring it back. Committee questions by Committee Members. Okay, Senator Wiener, at the appropriate time, we'll move the bill. And Senator Cervantes. Thank you. Let's see.
- Sabrina Cervantes
Legislator
Thank you, Mr. Chair. Yes. SB307 is about preparedness. It's about justice. It's about ensuring that no student is forced to abandon their educational journey simply because of shifting immigration policies at the federal level. Respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you very much. Next. File number eight SB313. Just a heads up to Committee Members that may be in their offices. If we get. We're almost to a quorum, so if you come down so we can establish a quorum, that would be fantastic. Thank you.
- Sabrina Cervantes
Legislator
Thank you, Mr. Chair, for the opportunity to present Senate Bill 313. I want to thank your committee staff for their support and work on this bill. Senators in the Senate Health Committee, I have amended--I amended SB 313 to require that a child's parent's place of birth be included on the confidential section of the child's certificate of live birth instead of the primary section.
- Sabrina Cervantes
Legislator
This bill is, this bill is a vital step toward protecting the privacy and security of California families. It makes a straightforward but important change while moving the birthplace of a child's parent from the publicly accessible portion of a birth certificate to the confidential section, accessible only by authorized individuals. This is more than an administrative fix.
- Sabrina Cervantes
Legislator
It's a matter of personal privacy and data security, especially in a time when sensitive information is too often weaponized. Current law requires each live birth to be registered with the local registrar of births and deaths for the district in which they were born, birth occurred, and prescribes specific information to be listed on a certificate of live birth, including full name, sex of a child, birthplace, and date of birth of each parent.
- Sabrina Cervantes
Legislator
This bill does not interfere with data collection or public health reporting, simply ensures that information such as a parent's birthplace is treated like any other sensitive personal data, kept confidential, but still available to authorized public health officials and researchers as needed.
- Sabrina Cervantes
Legislator
The California Department of Public Health already maintains a confidential section of each birth certificate for public health purposes. This bill moves the birthplace information of the parents to that protected section, aligning with the best practices for data privacy. The birth certificate is one of the first and most important legal documents a person receives.
- Sabrina Cervantes
Legislator
It is used to obtain a passport, enroll in school, apply for a job, get a real ID. Birth certificates are issued by individual states which are required by law to report annually vital statistic data for federal government within each state. The management of birth certificates can further decentralize with data collection and certificate issuance occurring at the county or municipal level.
- Sabrina Cervantes
Legislator
This bill is about balance and preserving the integrity of public health data while fiercely protecting personal privacy. It upholds our values and reflects our responsibility to defend every California's right to dignity and security.
- Sabrina Cervantes
Legislator
We believe it is tailored, narrowly tailored approach to balance transparency and privacy, and just to further note, on the--looking at my analysis here--there is a list on page three of the analysis what the existing law is, what constitutes as confidential portions of the certificate of live birth, just so the committee members do have that before them, and respectfully ask for your aye vote on this bill.
- Thomas Umberg
Legislator
Thank you very much. Witnesses in support? Are there witnesses in support? Seeing no one approaching the microphone. Okay, go ahead.
- Paul Kimball
Person
Hello. I'm Paul Kimball, member of California Alliance for Adoptee Rights, and we are in favor of your bill.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in support of SB 313, please approach the microphone.
- Lori Schultz
Person
Good afternoon. I'm Lori Whistler Schultz. I am a member of the California Alliance for Adoptee Rights, and I respectfully ask that you issue an aye vote in favor of this.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in support? If you're opposed to SB 313, please approach the microphone. Seeing no one approaching--one, two, three, going, gone. All right, let's bring it back to committee. Questions by committee members? Okay. Senator Wiener moves the bill as soon as we get a quorum. Would you like to close?
- Thomas Umberg
Legislator
All righty. Thank you very much. So we are now looking for both committee members as well as authors, and I see Senator Durazo has raised her hand to be able to present her bill, and since she raised her hand first, that would be SB 784, Item 42. Senator Durazo, are you prepared? All right. And I understand you're also presenting for Senator Reyes. Is that correct? All right.
- Thomas Umberg
Legislator
We need one more member, one more special person to appear here who's a member of the California State Senate Judiciary Committee, and we will have a quorum. All right. Senator Durazo, whenever you're ready.
- María Elena Durazo
Legislator
Great. Good afternoon, Mr. Chair and members. I want to start by accepting the committee amendments and thanking your staff.
- María Elena Durazo
Legislator
Yes. Yes. Yes, this is SB 784. I want to start by accepting the committee amendments and thanking your staff who did really great, diligent work. SB 784 is about protecting Californians from being tricked into debt for home improvements that were never finished, never worked, or were never clearly explained in the first place.
- María Elena Durazo
Legislator
This industry targets seniors, non-English speakers, poor people, and those who are less familiar with digital platforms. I've heard directly from constituents in my district who are now drowning in debt, facing damaged credit, or ending up in the emergency room from the stress.
- María Elena Durazo
Legislator
These deals often start with a smile at the front door or in the aisles of a home improvement store and escalate quickly. A contractor pitches a no-cost quote unquote "upgrade" or rebate pact improvement, like solar panels. The homeowner is handed a tablet and told to sign quickly. They think they're signing up for a quote or public program.
- María Elena Durazo
Legislator
Behind the scenes, that contractor is acting as a loan agent for the lender, using the lender's device, software, and preset loan terms. The lender and contractor have their own financial relationship, often through hidden dealer fees. The contractor is usually paid up front by the lender, often before the project is completed or even operational.
- María Elena Durazo
Legislator
Homeowners often don't realize they've signed a loan or that it may come with a lien on their property. A short time later, they're getting billed for a system that doesn't work. The contractor is gone, the lender denies responsibility, and the homeowner is left with mounting debt and no way out.
- María Elena Durazo
Legislator
Unfortunately, current state and federal protections aren't enough to hold these actors accountable. If they were, we wouldn't see a growing enforcement burden on the California Contractors State Licensing Board, the Consumer Financial Protection Bureau issuing a warning about predatory solar financing practices, and the Center for Responsible Lending comparing the tactics used in this market to those used in the subprime mortgage crisis.
- María Elena Durazo
Legislator
We've even seen state attorneys general in multiple states take these actors to court, including some that operate in this state. But California shouldn't have to wait for a lawsuit to get justice. We can act now.
- María Elena Durazo
Legislator
These are the straightforward protections that our bill provides: requires a confirmation call between the lender and the borrower before a loan is finalized without a salesperson present, a consumer should be protected from paying for a home improvement project until it's confirmed to be complete and operational, ensures consumers can access their loan and project documents, gives consumers a right to hold lenders accountable for financial misrepresentations, which, by the way, can be cured during the confirmation call, adds transparency around hidden dealer fees, extends the cancellation period so consumers have time to reconsider.
- María Elena Durazo
Legislator
This bill ensures Californians aren't left paying for home improvements that were never completed, never worked, or were misrepresented from the start, and it levels the playing field for honest contractors and lenders who are trying to do right by consumers. I'm pleased to be joined by two witnesses who are here.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. First witness, then second witness. Go ahead. The floor is yours.
- Veronica Miller
Person
Thank you. Good afternoon, chair and committee members. My name is Veronica Soto Miller, and I'm a staff attorney at HERA, Housing and Economic Rights Advocates. HERA is a nonprofit legal services organization that serves low to moderate-income consumers in California.
- Veronica Miller
Person
We are sponsoring this bill along with the Consumer Federation of California because we assist homeowners across California who who have been severely harmed by these predatory practices. One example is Mrs. Wilson. Mrs. Wilson is an elderly, disabled homeowner in the Central Valley. She survives solely on Social Security benefits. In 2022, a salesperson showed up at her home.
- Veronica Miller
Person
He told her that she could obtain a loan for solar panels, that the government would pay for the loan in full through an incentive program, and that this would reduce her electricity bill, which at that time was $5,000, past due. He did not disclose the total loan amount, the interest rate, or the monthly payment due.
- Veronica Miller
Person
He then instructed Mrs. Wilson to sign the loan documents on his tablet. Having impaired vision, she requested a hard copy. The salesperson told her that this was not possible and repeatedly assured her that the documents reflected the terms they discussed. She signed the contract in reliance of his misrepresentations.
- Veronica Miller
Person
Mrs. Wilson received a solar loan billing statement before the panels were activated. Surprised, she contacted the lender to request more information. She then received a hard copy of the loan documents for the first time.
- Veronica Miller
Person
She was shocked to learn that the salesperson had signed her up for a nearly $85,000 loan to be paid in over 25 years and that the government program did not exist. She contacted the lender, asked to cancel the loan, and offered to return the solar panels. The lender denied responsibility, pointed the finger at the contractor, and continued to bill her. She then complained to the contractor who pointed the finger--
- Veronica Miller
Person
Absolutely. Back to the lender. To date, the loan has not been canceled and it was referred to a debt collection agency. Thank you.
- Natasha Blazer
Person
Good afternoon, chair and committee members, and thank you, Senator Durazo. My name is Natasha Blazer, I'm also a staff attorney at HERA, and Mrs. Wilson's story unfortunately reflects a situation that many of our clients are finding themselves in right now. It is not rare.
- Natasha Blazer
Person
It is a fact pattern we see over and over and over again: a senior that was already struggling financially, a door-to-door sale using false promises and electronic document and signature fraud, a loan being paid out directly to a contractor without the improvement actually working, and that consumer being billed by a lender they've never heard of or spoken to, and importantly, continuing to be billed even after the lender knows that the homeowner was scammed and that the solar panels don't work.
- Natasha Blazer
Person
This is what we are seeing on a daily basis, a homeowner that--the most vulnerable party in this transaction being left with no remedy, and that is the imbalance that SB 784 is trying to address. So the bill does not constrain the relationship between the contractor and the lender. Instead, it focuses on making sure that the consumer understands what's happening and that they're only paying for what they actually receive.
- Natasha Blazer
Person
So it ensures that the lender has contact with the consumer and confirms the terms before the loan is executed, requires disclosure of hidden fees, extends the existing right to cancel period, and importantly, provides that repayment obligations don't start until the thing financed is actually operational because that is the moment that the consumer gets the benefit of their bargain.
- Natasha Blazer
Person
The bill also confirms that consumers can hold lenders liable for key misrepresentations made in the sale of the loan when they're not cured, and ensures that consumers can have access to their account information and documents. To end, I just want to reiterate what the Senator, you know, said about the communities who are hardest hit.
- Natasha Blazer
Person
Our, you know, our impacted clients are usually extremely low-income and disproportionately seniors, homeowners of color, folks with limited English proficiency, and they're really financially--already financially-insecure households.
- Natasha Blazer
Person
Yes. That are already being left in worse position. So we're asking for your support today. Thank you.
- Thomas Umberg
Legislator
Thank you very much. If you're in support of SB 784, please approach. Give us your name, your affiliation, your position.
- Robert Herrell
Person
Good afternoon, Mr. Chairman and members. Robert Herrell, Executive Director of the Consumer Federation California, proud co-sponsor. Would like to thank your committee council for their work on this.
- Valerie Small Navarro
Person
Good afternoon, chair and members. Valerie Small Navarro, representing the California Low-Income Consumer Coalition and the National Consumer Law Center, in strong support.
- Brian Augusta
Person
Good afternoon, chair and members. Brian Augusta, on behalf of the National Housing Law Project and Public Counsel, in support.
- Bernice Creager
Person
Good afternoon. Bernice Creager with the California Association of Realtors. We thank the author for bringing this to our attention recently and we're in support.
- Kelly Chen
Person
Hello. Kelly Chen with the California Association of Realtors, and we are in support, AAR, Acadia Association.
- Thomas Umberg
Legislator
Thank you. Others in support, please approach. Seeing no one else approaching, let's turn to the opposition. If you're opposed to SB 784, please approach the microphone.
- Kimberly Stone
Person
Good afternoon, chair and members. Kim Stone of Stone Advocacy in a very respectful oppose unless amended position on behalf of the California Solar and Storage Association. Much of the bill we don't oppose and support a lot of the consumer protections. Some of the disclosure, the extended time to change your mind, we have no issues with.
- Kimberly Stone
Person
However we want it to be workable, and there's a couple provisions that require us to take the oppose unless amended provisions. Briefly, those are regarding the timing of the loan repayment. Lenders need a certain time in order to be able to appropriately price the interest of the loan, and we have suggested repaying it either at the time of interconnection or 90 days after installation.
- Kimberly Stone
Person
Also, the timing of the confirmation call; if the call happens prior to agreeing to purchase, that's not really a confirmation. That's more of a sales call. The lenders don't want to be in the position of making sales. They would prefer to do the confirmation call afterwards. It's really more of confirmation, and then the liability issues. Holding the lender responsible for the actions of the contractor who they don't have, like, a supervisory relationship over can be unfair. We hope that the author and the sponsors will continue to work with us as they have been and hope that we will be able to resolve these issues going forward. Thank you.
- Julia Pyper
Person
Hi. My name is Julia Pyper. I'm Vice President of Public Affairs at GoodLeap, a financial technology company based in Roseville; have about 700 employees here in California. We've helped over 1.1 million customers get some kind of sustainable home upgrade since 2017, and we are deeply troubled by this fraud. It's not good for the customers.
- Julia Pyper
Person
It's not good for us. We don't want a customer having a loan they don't want to have. So we support many of the provisions in this bill and really, really appreciate the author, the sponsors, the chair, committee staff; a lot of times gone into this and really grateful for all that effort.
- Julia Pyper
Person
We are here in respectful oppose unless amended to work out some of those final lingering details we've discussed today. There's a lot that's novel in this bill. A lot of it sort of overlaps with federal law and the Truth in Lending Act, so sort of clarifications of terms. We are seeking things of that nature.
- Julia Pyper
Person
We are members of CALSA as well as IHACI and HARDI, some of the contractor groups. To sort of paint the picture, a lot of the products we offer are deployed quickly, like heat pumps or roofs, plumbing systems, for instance, as well as solar and storage.
- Julia Pyper
Person
Some of the customers who choose us, they want that in a quick timeframe. For instance, one of our customers is wheelchair-bound and it was a holiday weekend and their water heater stopped working. They had the opportunity to get that up and running again in a matter of hours or another customer who had their air conditioner break in a heat wave and so was able to buy a new system and actually borrow portable units in the meantime and get an affordable loan for that, for that home upgrade. So we do provide a service. We go down to 600 FICO.
- Julia Pyper
Person
We have a lot of protections that honestly, frankly, in good conversation with the sponsors, we've already enhanced some provisions and look forward to doing more. Again, our request is to continue the dialogue on some of these specific sections around that loan repayment and the dealer fee section, which is quite novel. Thank you very much.
- Thomas Umberg
Legislator
Thank you very much. All right, anyone else opposed to SB 784, please approach the microphone. Give us your name, your affiliation, and your position.
- Delaney Hunter
Person
Chairman, members, Delaney Hunter, on behalf of the Solar Energy Industries Association. We remain opposed.
- Thomas Umberg
Legislator
Thank you. Anyone else opposed? Seeing no one else approach the microphone, let's bring back to committee. Questions by committee members? Senator Wiener.
- Scott Wiener
Legislator
Yeah. Thank you, and we spoke briefly about this, Senator. I think this is a really important bill and it's a good bill and I appreciate you doing it and I think--and I assume you'll be in continuing dialogue with the solar folks.
- Scott Wiener
Legislator
I mean, there are obviously, as in any industry, there are going to be some bad actors who, you know, do problematic things, but there's a lot of, obviously, very good actors in the solar industry who play an important role, and so I assume you'll be continuing that dialogue?
- Thomas Umberg
Legislator
All right, other questions? Seeing no other questions, Senator Durazo, I am informed that you are nearly there. It sounds like there's some housekeeping matters or some definitions need to be resolved and I appreciate your staff and you working diligently on this to resolve those issues. And if you'd like to close, be my guest.
- María Elena Durazo
Legislator
I respectfully ask for your aye vote. Thank you, Mr. Chair and members.
- Thomas Umberg
Legislator
All right. Thank you. So I understand you also have a bill to present by Senator Reyes and I see Senator Limón here. Senator Limón is going to be up right after--assuming no intervening authors appear--right after Senator Durazo finishes the Senator Reyes's bill. Yes.
- María Elena Durazo
Legislator
Thank you, Mr. Chair. I'm here to present SB294, the Workplace Know Your Rights Act on behalf of Senator Reyes. And a big shout out to Senator Reyes. I would like to first note on behalf of the author, she would like to thank the Committee staff and the chair for their work on the amendments for this bill.
- María Elena Durazo
Legislator
Senator Reyes will be accepting the Committee's amendment, which we believe also address the concerns raised by opposition. SB294 will serve as a safeguard and empowerment for workers in California by educating them on their labor and civil rights under state and federal law.
- María Elena Durazo
Legislator
The Bill will protect families by ensuring a worker's emergency contact is notified should they be arrested or detained by state or federal law enforcement. Since President Trump's inauguration, the Federal Government has enacted a wave of Executive orders that aims to weaken civil and labor protections.
- María Elena Durazo
Legislator
This upending of existing protections creates uncertainty both for the workers and their employers in the workplace as they are unsure which laws apply in which context. Employers are unsure about what laws to follow and workers feel that they must remain silent, which makes them further susceptible to violations.
- María Elena Durazo
Legislator
SB294 will ask the Labor Commissioner's office to create a template for employers to annually inform their employees about their rights to ensure equal and just treatment under the law. Now more than ever, it is imperative that we protect workers rights and create certainty for employers so that everyone knows their rights under state and federal law.
- María Elena Durazo
Legislator
This Bill is being supported by the California Labor Federation, SEIU California, Central American Resource Center, and is a Latino caucus priority. Here to testify in support is Elmer Lizardi with the California Federation of Labor and Kim Rosenberger with SEIU California.
- Elmer Lizardi
Person
Thank you. Good afternoon Chair Umberg and Members. Elmer Lizardi here, on behalf of the California Federation of Labor Unions. We're proud to co sponsor SB294, which will educate workers and employers alike on labor and civil rights under state and federal law to promote adequate, just and equal enforcement.
- Elmer Lizardi
Person
California workers, unions and advocates have fought tirelessly to ensure the strongest worker protections in the country. However, as mentioned, the Federal Administration has enacted a wave of executive orders that weakened civil and labor protections, making it difficult for workers to understand their rights.
- Elmer Lizardi
Person
In addition, the Federal Administration has started mass layoffs of federal workers and the gutting of federal agencies tasked with enforcing federal labor and civil rights laws, such as the Department of Labor, the Equal Employment Opportunities Commission, the National Labor Relations Board, and most recently the National Institute of Occupational Safety and Health.
- Elmer Lizardi
Person
Apart from dealing with these significant impacts, our state agencies chronic understaffing makes health and safety law enforcement incredibly difficult. Given these enforcement challenges at both the state and federal level, a workers understanding of labor law is critical so they can speak up for themselves or report when there are violations in their workplace.
- Elmer Lizardi
Person
One of the best ways to prevent violations is to empower workers to protect themselves whenever possible. Not only does this help reduce the burden on understaffed agencies, but it helps protect workers from preventing these violations altogether.
- Elmer Lizardi
Person
As mentioned, the administration's policies are also targeting the most vulnerable workers, and confusion over state and federal laws often scares workers into remaining silent. Ultimately, when workers are not aware of their fundamental labor and constitutional rights, it is much more likely that those rights will be violated.
- Elmer Lizardi
Person
SB294 will be a powerful educational tool to help workers understand the rights, secure them in the workplace, and feel empowered to enforce them if necessary. Thank you so much and we respectfully ask for an aye vote.
- Thomas Umberg
Legislator
Thank you. Next witness. If you're in support of SB294, please line up. Okay. Ms. Rosenberger.
- Kimberly Rosenberger
Person
Thank you. Kimberly Rosenberger with SEIU. I'm not gonna belabor the point. It's a long day, but knowledge is power. You all work really, really hard to put some of the strongest labor protections in place. And if our workers don't know about them, it doesn't go that far.
- Kimberly Rosenberger
Person
Especially as we're seeing federal protection protections be rolled back and our workers be attacked. This is particularly important for our vulnerable populations where they already have mass confusion and are losing their regular due process rides. So this just at least insulates them a little bit more.
- Kimberly Rosenberger
Person
It does the extra layer of effort that you all are doing here to make sure that the workers know about it, and it makes sure that California can stand by Its values. And for those reasons, that's why we're proud co sponsors and I urge your aye vote. Thank you.
- Thomas Umberg
Legislator
Thank you very much. If you're in support of SB 294, please approach. Give us your name, affiliation, position.
- Marty Lopez
Person
Good afternoon Chair and Members Marty Lopez with the California Nurses Association in support.
- Tristan Brown
Person
Thank you. Thank you, Mr. Chair and Members. Tristan Brown of CFT Union of Educators and Classified Professionals here in support. Thank you.
- Kristin Heidelbach
Person
Good afternoon. Kristin Heidelbach, here on behalf of UFCW Western States Council in support.
- Cassie Mancini
Person
Good afternoon. Cassie Mancini, here with the California School Employees Association in support.
- Mariko Yoshihara
Person
Thank you. Mariko Yoshihara, on behalf of the California Employment Lawyers Association, in support.
- Christopher Sanchez
Person
Thank you. Christopher Sanchez on behalf of Cardes and the Central American Resource center, proud to be a co sponsor. Thank you.
- Jessica Stender
Person
Jessica Stender on behalf of Equal Rights Advocates, in support.
- Chloe Hermosillo
Person
Chloe Hermosillo with the California Immigrant Policy Center in support.
- Thomas Umberg
Legislator
Thank you. All right, seeing no one else approach the microphone, let's turn to the opposition. If you're opposed to SB294, please approach.
- Ashley Hoffman
Person
Good afternoon. Ashley Hoffman with the California Chamber of Commerce. I just really want to thank the author's office and the Committee for all our conversations on the Bill and the significant amendments that addressed a lot of our concerns. Our members are reviewing. Thank you.
- Thomas Umberg
Legislator
Thank you. Anyone else opposed SB294, please hustle to the microphone. There you go.
- Chris Micheli
Person
Mr. Chair. Chris Micheli, on behalf of the Civil Justice Association of California, in the same position as Cal Chamber. Thank you. All right, thank you very much.
- Marlon Lara
Person
Marlon Lara, on behalf of the California Restaurant Association, echo the comment to the Cal Chamber. Thank you. Thank you.
- Kalyn Dean
Person
Good afternoon. Kalyn Dean with the California Hospital Association in respectful opposition.
- Melissa Koshlaychuk
Person
Melissa Koshlaychuk, on behalf of Western Growers, also align our comments with Cal Chamber. Thank you.
- Ryan Allain
Person
Thank you. Ryan Allain, on behalf of the California Retailers Association, as well, align our comments to the chamber. Thank you. Thank you.
- Yarelie Magallon
Person
Yarelie Magallon with Political Solutions on behalf of the Western Car Wash Association, in opposition. Thank you.
- Thomas Umberg
Legislator
Thank you. Anyone else opposed? Please approach microphone. Seeing no one else, approach microphone. Let's bring back Committee questions by Committee Members, other questions by Committee Members seeing no questions. Senator Wiener is going to move three bills. Senator Durazo, would you like to close on behalf of Senator Reyes?
- María Elena Durazo
Legislator
Respectfully ask for your aye vote. Thank you, Mr. Chair and Members.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Senator Limon, you can relax. No one's shown up in front of you, so we'll call upon you. Thank you. Yes, you should. Thank you. Appreciate it.
- Thomas Umberg
Legislator
So Senator Limon has taken advantage of our one time offer to allow whatever author shows up to be able to present immediately. So if there's another author who's interested after Senator Limon, we would welcome them arriving in room 2100.
- Monique Limón
Legislator
Yes. I'm going to start with SB 354. Thank you, Chair and Members. I want to start by accepting the Committee amendments. California has been a leader in consumer privacy.
- Monique Limón
Legislator
California voters enacted a constitutional right to privacy over 50 years ago and reaffirmed this commitment with the enactment of the California Consumer Privacy act and most recently in 2020 with the California Privacy Rights Act.
- Monique Limón
Legislator
Protecting consumer privacy is only becoming more important in a digital world where information is often collected, stored and shared without the knowledge or consent of consumers. Our current privacy laws regulating insurance date back to the 1980s and did not contemplate all the ways that consumer data could be collected and shared.
- Monique Limón
Legislator
This Bill will create a modern structure for protecting consumer privacy across the insurance industry. Specifically, the Bill gives consumers the right to opt in to the sharing of personal information that is used for purposes unrelated to insurance. It gives consumers the right to correct inaccurate information held by insurance providers.
- Monique Limón
Legislator
It gives consumers also have the ability to know what categories of information are collected from where it comes from and with whom it is shared. Consumers will also be able to access the reasons for adverse underwriting decisions. And finally, consumers will be able to delete inaccurate and or unnecessary information that insurance companies may hold.
- Monique Limón
Legislator
We have heard concerns from stakeholders on this Bill. We've also had helpful conversations and are committed to continuing the conversations with the opposition on this Bill. Today we have here Josephine Figueroa, Deputy Commissioner and Legislative Director of the Department of Insurance, and Damon Diedrich, Privacy Officers for the California Department of Insurance.
- Josephine Figueroa
Person
Good afternoon, Chair Umberg and Members of the Committee. My name is Josephine Figueroa. I'm Deputy Commissioner and Legislative Director for the Department of Insurance under the leadership of Insurance Commissioner Ricardo Lara. As a proud sponsor, Insurance Commissioner Lara would like to thank Senator Limon for authoring this important privacy consumer protection measure.
- Josephine Figueroa
Person
SB 354 is a landmark Bill that is both necessary and timely to protect consumers in California's insurance industry. More than 20 years have passed since our state's insurance privacy laws were updated. Since that time, our laws have been outpaced by the scale, scope, speed and manner in which consumer personal information is processed in the insurance market.
- Josephine Figueroa
Person
We are mindful that certain amount of personal information is required by licensees to underwrite risk, combat fraud and process an insurance transaction, all of which are permitted under this Bill.
- Josephine Figueroa
Person
SB 354 underscores how consumers can exercise their consent via an opt in standard when it comes to services that are not central to insurance transactions, such as marketing and research.
- Josephine Figueroa
Person
We know that we have concerns here and we are having, as the Senator mentioned, conversations with those interested parties, and the Department is committed to continuing with those conversations. Ultimately, California needs to continue to lead on privacy issues. There is no benefit to delaying privacy protections for insurance consumers.
- Josephine Figueroa
Person
For the past five years, Insurance Commissioner Lara has been working with the National Association of Insurance Commissioners to update a model insurance privacy law.
- Josephine Figueroa
Person
However, those efforts have been stalled, and there is no guarantee that the model adopted by the national coordinating body will provide equivalent privacy protections to the California Consumer Privacy act, also known as Prop 24. Especially since California has the strongest consumer protection laws in the nation. Apologies.
- Josephine Figueroa
Person
As a result of Prop 24, if our insurance law do not provide as good or better protections. Privacy protections, the California Privacy Protection Agency's board can pursue rulemaking on insurance privacy regulations. It is important for CDI to retain its jurisdiction as California insurance regulator as this is also an element that the insurance industry has expressed.
- Josephine Figueroa
Person
Thank you very much. On behalf of Insurance Commissioner Ricardo Lara, I ask for your aye vote. Thank you very much.
- Thomas Umberg
Legislator
Okay, I'm sorry to interrupt, but we have a quorum. So Committee Assistant Porter, could you help us establish a quorum?
- Committee Secretary
Person
Niello. Here. Alan. Alan. Here. Araguin. Ashby. Caballero. Durazo. Durazo. Here. Laird. Laird. Here. Stern. Valaderas. Wahab. Weber. Pearson. Weber. Pearson. Here. Wiener. Wiener. Here. We have a quorum.
- Thomas Umberg
Legislator
Thank you. I feel accomplished. Thank you very much. All right, I'm sorry. Go ahead.
- Robert Herrell
Person
Good afternoon, Mr. Chairman and Members. Congratulations again on your.
- Robert Herrell
Person
I'm your lucky charm for quorum. Yes. Robert Harrell with the Consumer Federation of California. Okay, I'll put it on my calendar. Robert Harell with the Consumer Federation of California. We don't have an official position on the Bill. We appreciate very much the author's office and the Department walking through us the provisions.
- Robert Herrell
Person
I would just warn you, beware of workability issues that wind up gutting consumer protections, which is a preview of what you're about to hear. Thank you.
- Valerie Small Navarro
Person
Good afternoon, Members. Valerie Small Navarro representing the Privacy Rights Clearinghouse and Oakland Privacy in support.
- Thomas Umberg
Legislator
Thank you very much. Anyone else support? Please approach the microphone. SB334. 354. I'm sorry, 354.
- Kimberly Rosenberger
Person
Throw a number out there. I support this woman, Kimberly Rosenberger with SEIU and strong support.
- Thomas Umberg
Legislator
Thank you very much. Others, others in support, please approach the microphone. Seeing no one else. Opposition. If you're opposed to SB 354, please approach the microphone.
- Thomas Umberg
Legislator
And I am aware of the late breaking concerns of the California Land Title Association and other insurance industry representatives and I understand that Senator Limone, you are currently in conversation with them to at least address some of their concerns, correct? All right, thank you very much.
- Matthew Powers
Person
Great. Thank you very much, Mr. Chair and Members Matt Powers, on behalf of the Association of California Life and Health Insurance Companies, or aclc, respectfully opposed unless amended as we noted in Senate Insurance Committee we have great respect for Senator Lamon, Commissioner Lara, CDI and their staff and what they're trying to accomplish with this measure.
- Matthew Powers
Person
However, we have serious concerns with the Bill as it's serious as it's currently drafted. As the Committee analysis points out, the insurance industry has been subject to rigorous privacy standards for decades.
- Matthew Powers
Person
Long before the Internet transformed personal data into a commodity and well before most other industries in California adopted similar practices, insurance consumers have had the right to correct, amend or delete information. For years, we've been providing privacy notices and informing consumers of adverse underwriting decisions far earlier than most sectors. Importantly, we do not sell personal data.
- Matthew Powers
Person
We use personal information to underwrite policies and ensure Californians receive the most appropriate, appropriate coverage.
- Matthew Powers
Person
But personal data is not our product and that's why we're very concerned with the Bill as drafted and do not understand why SB354 proposes stricter privacy standards for insurers and more friction for our customers than for companies that directly profit from consumer data.
- Matthew Powers
Person
That said, we sincerely appreciate the productive conversations we've had with the author's office and the Department of Insurance, and we remain committed to engaging in line with Prop 103. The Department should serve as the primary regulator for all aspects of our business, including AI and data privacy.
- Matthew Powers
Person
So our coalition letter outlines 12 specific areas where we believe amendments are needed. Chief among them, we urge alignment with CCPA for opt out consent provisions, data processing obligations and third party disclosure standards. To be clear on these three core issues, we are simply asking that insurers be treated the same as any other business operating in California.
- Matthew Powers
Person
Finally, I want to underscore that there is no statutory urgency requiring this Bill to move this year and we feel that we have time to get this policy right. The NAIC is actively modernizing a national insurance privacy model that Ms. Figueroa alluded to.
- Matthew Powers
Person
And California has historically relied on NAIC models to shape our insurance statutes, including the IIPPA. So while the NAIC process has taken. Sorry about that. Well, I just respectfully ask for your consideration of these remarks in future amendments. Go forward. Thank you.
- Allison Adey
Person
Good afternoon, Mr. Chair and Members of the Committee. Allison Adey, on behalf of the Personal Insurance Federation of California, I want to align our comments with our colleague from Acklick as particularly our appreciation for the openness of the author and the Department for working with us on our concerns.
- Allison Adey
Person
I will be brief in my comments, but we want to urge caution as we go forward. We agree with the need for a Bill of this nature. However, many of you who are in the room during the CCPA negotiations understand the consequences of something of this magnitude being rushed.
- Allison Adey
Person
There were years of cleanup legislation to try and get that right, resulting in a Proposition. We would like to work with the author and with the Department to make sure that when this gets done, it is done correctly and we are able to go through at each point and make sure that it is tailored. Thank you.
- Dennis Loper
Person
Dennis Loper for the American Council of Life Insurance. Of insurers. Excuse me. We align our comments with the two primary speakers and remain opposed.
- Laura Curtis
Person
Good afternoon, chair and members. Laura Curtis with the American Property Casualty Insurance Association. We are also in respectful opposed unless amended position. Thank you.
- Dan Cha
Person
Dan Cha, on behalf of the Civil Justice Association of California. In opposition. Thank you.
- Rob Wilson
Person
Rob Wilson of the California Credit Union League here, opposed unless amended. Thank you.
- Vanessa Lugo
Person
Vanessa Lugo with the California Bankers Association. Opposed unless amended. Thank you.
- Anthony Helton
Person
Good afternoon, Mr. Chair and members. Anthony Helton with the California Land Title Association. Opposed unless amended, for the reasons that you so gracefully touched on in your comments and look forward to working further with the author and sponsor. Thank you so much.
- Ashley Hoffman
Person
Good afternoon. Ashley Hoffman on behalf of the California Chamber of Commerce. Opposed unless amended.
- Meghan Loper
Person
Megan Loper, on behalf of the California Hospital Association. We are opposed unless amended. But really appreciate the conversations with the author and the Department and look forward to continued work.
- Thomas Umberg
Legislator
Thank you very much. Okay. Anyone else opposed to SB354? Seeing no one else approached the microphone, let's bring it back to Committee for questions by Committee Members. Questions by Committee Members. Seeing Senator Wiener gets to move the Bill. So the Bill has been moved by Senator Wiener. Would you like to close?
- Monique Limón
Legislator
Members, we continue to have conversations with all stakeholders on this particular Bill. And so we are committed to Work through the process with that. I respectfully ask for an aye vote.
- Thomas Umberg
Legislator
Thank you very much. All right, there's been a motion. The assistant Porter, please call the roll.
- Committee Secretary
Person
This is file item 16, SB 354. The motion is do pass as amended to Senate Appropriations. Umberg.
- Committee Secretary
Person
Niello. No. Allen. Allen. Aye. Araguin. Ashby. Caballero. Caballero. Aye. Durazo. Durazo. Aye. Laird. Stern. Stern. Aye. Valaderas. Wahab. Weber. Pearson. Weber. Pearson. Aye. Wiener. Wiener. Aye.
- Monique Limón
Legislator
Thank you. Next Bill is SB642. Thank you, Chair and the Committee staff for the time spent on this bill. I will be accepting the Committee amendments outlined in the analysis. This year marks the 10th anniversary of the passage of the California Fair Pay Act, a historic bipartisan measure to address gaps in the Equal Pay Act.
- Monique Limón
Legislator
Over the last decade, we have seen the gender pay gap continue to persist for women, with women of color experiencing the largest gaps. SB642 makes reforms to the California Equal Pay Act to ensure workers can effectively enforce their rights by harmonizing the statute of limitations with other wage statutes and allowing workers to recover for all lost pay.
- Monique Limón
Legislator
The bill strengthens the California Pay Act by revising outdated gender binary language and clarifying the definition of wages. SB642 also revises the definition of pay scale to mean a good faith estimate of the expected wage range. SB642 strengthens the need for pay equity and pay transparency laws in California.
- Monique Limón
Legislator
We have here Beth Mora with the California Employment Lawyers Association and Jessica Stender with Equal Rights Advocate to testify in support of the bill.
- Jessica Stender
Person
Good afternoon, Mr. Chair and Members. My name is Jessica Stender and I am speaking on behalf of Equal Rights Advocates, a proud co-sponsor. While California has made very important progress in strengthening pay equity protections, the wage gap persists and it harms women of all races, but particularly women of color, their families and the broader economy.
- Jessica Stender
Person
Women in California are paid on average just $0.79 that's paid to every man. This translates into over $350,000 less in wages over the course of her career. This career long disparity adds up even more for women of color. Black women will lose more than $1.5 million over the course of a career.
- Jessica Stender
Person
And Latinas, on average, more than $2 million. This law will. This bill will strengthen the law in several important ways. You'll hear about some of them from our other witness. I just want to highlight that it addresses a major driver of the pay gap, which is a lack of pay transparency.
- Jessica Stender
Person
Our Legislature addressed this issue in prior legislation, as you heard, and this bill will ensure that that law has its intended effect by ensuring that employers include good faith estimates of what they expect to pay in a pay range.
- Jessica Stender
Person
The bill also ensures the law reflects the realities of our current and modern workforce by changing the opposite sex to another sex and making the language consistent with parallel race provisions in the Equal Pay Act. The bill finally clarifies the definition of sex to ensure that it is aligned and the same as the definition under the FEHA.
- Jessica Stender
Person
Finally, the bill also addresses an issue we see come up a lot where women will be paid the same base salary or base wage but get less in stock or other types of equity non salary compensation. So this bill will address that by ensuring all forms of compensation are included.
- Jessica Stender
Person
The bill makes common sense reforms to our Equal Pay Act to ensure adequate protections for workers and we respectfully urge your aye vote thank you.
- Beth Mora
Person
Good Afternoon Chair Members. Thank you for having me. My name is Beth Mora with the California Employment Lawyers Association. I have represented employees for 25 years. Part of my practice, I represent employees who have been subjected to discriminatory pay practices. I am here in strong support of SB642.
- Beth Mora
Person
SB642 is designed to help remedy the persistent gender and race based wage gap by removing barriers that employees face in obtaining equal pay, in part by giving them additional time needed to pursue their claims. This is an important change because it often takes employees a long time to learn that they are being paid unfairly.
- Beth Mora
Person
In my practice I have encountered many women and people of color who do not know for many years or only suspect that they were earning less than their male co workers. As a lawyer I can only pursue claims if they have evidence of the pay disparities and that evidence takes time to come by.
- Beth Mora
Person
This has been in my practice, examples of when my manager client engaged in hiring efforts for a new project, she learned that non management of males with less education and less experience they were being paid more, notably more than her for nearly seven years.
- Beth Mora
Person
When my client applied for maternity leave, she learned that her base salary was far less than her male peers for the length of her six year employment. And when aiding management with reorganization, my client learned that salaries of her male Caucasian peers had been significantly higher than hers for five plus years. Years.
- Beth Mora
Person
Once employees have this evidence, they are often too late to recover all that they have lost. This is true for my clients in these situations and numerous other situations. SB642 addresses this problem in two ways. First, it lengthens the statute of limitations to be more consistent with existing deadlines to bring other discrimination and wage claims.
- Beth Mora
Person
Second, it makes clear that continuing violations doctrine applies to Equal Pay Act and claims as it does to other discrimination claims. This allows an employee to seek to recover all the wages they could prove that they lost as a result of the particularly discriminatory pay practice, rather than just two or three years.
- Beth Mora
Person
SB642 helps ensure that an employee does not lose the right to be paid fairly and equitably just because the reality is that it takes time for them to learn they've been paid unfairly.
- Thomas Umberg
Legislator
All right, There we go. All right. If you're in support of SB642, please approach microphone.
- Mariko Yoshihara
Person
Mariko Yoshihara on behalf of Tech Equity Action, in support, thank you.
- Sabina Tucker
Person
Sabina Tucker on behalf of the Consumer Attorneys and Funders in support.
- Kimberly Rosenberger
Person
Kimberly Rosenberger, consistent with what I said earlier, we're in strong support. Thank you.
- Kristin Heidelbach
Person
Kristin Heidelbach here on behalf of UFCW Western States Council in support.
- Maria Flores
Person
Maria Flores here on behalf of Hispanics Organized for Political Equality in support.
- Katherine Squire
Person
Katherine Squire on behalf of the California Commission on the Status of Women and Girls, proud co-sponsor.
- Samuel Jain
Person
Samuel Jain on behalf of Disability Rights California in support. Thank you.
- Jessica Stender
Person
Jessica Stender again on behalf of California Women Lawyers and National Council of Jewish Women California in support.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in support? Please approach microphone. Seeing no one else approaching. If you're opposed to SB642, please line up. Welcome back.
- Ashley Hoffman
Person
Thank you. Good afternoon. Ashley Hoffman, on behalf of the Cal Chamber, I just want to start by saying thank you to the author's office and sponsors and Committee. We've had a lot of conversations on this bill, including just out in the hallway talking for a while on potential amendments.
- Ashley Hoffman
Person
So I want to thank again the Committee for the Amendments they're taking today.
- Ashley Hoffman
Person
Really our largest outstanding concern is relating to the continuing violations provision of the bill and balancing the situation that was described where a worker may not know what they are being paid as compared to their peers, but also balancing that with general statute of limitations concerns that we have about, you know, after it's been so many years that you have lost evidence and folks who may have made certain decisions are no longer at the company.
- Ashley Hoffman
Person
So, again, I'm very optimistic that we can get there on those issues. Thank you.
- Chris Micheli
Person
Mr. Chair, Chris Mckayley, on behalf of the Civil Justice Association of, California, and we share those similar concerns on the statute of limitations and look forward to working that out. Thank you.
- Thomas Umberg
Legislator
Thank you. Others opposed? Please approach. Seeing no one else approaching. Let's bring it back for questions by Committee Members. Questions by Committee Members? Seeing none. Thank you. Senator Limon, I know you've worked very hard on this. There's still an issue concerning what a continuing violation is. I know you're going to work on that.
- Thomas Umberg
Legislator
Yes, I'm going to support it today, but. And I assume you're going to get worked out. But if not, I Reserve the right not to support it on the floor. So with that, would you like to close?
- Monique Limón
Legislator
I will continue to work with the opposition on this and respectfully ask for an aye vote.
- Thomas Umberg
Legislator
Thank you very much. All right. Committee assistant. Oh, we need a motion, Senator. Senator Caballero moves the bill. All right, you've closed. Committee Assistant Porter, please call the roll.
- Thomas Umberg
Legislator
Five to one. We're going to put that on call. All right, thank you very much, Senator Limon. We have no other authors here other than those who are on the committee. My staff wants me to go because there are witnesses here, so. All right, so I'm going to exercise the privilege of the chair and go.
- Thomas Umberg
Legislator
Thank you. It is file item. What is it? File and 56. Thank you. SB35. File 56. You may recall this Bill from last year. This deals with facilities that provide support to those with substance abuse disorder. One of the challenges is with sober living homes, which are unlicensed in the State of California.
- Thomas Umberg
Legislator
And when there's a complaint, DHCS has a responsibility to investigate that complaint. Unfortunately, capacity does not exist such at dhcs that investigations, inspections or even a visit can occur in a timely fashion. There was an audit that found that DHCS has not consistently investigated allegations of unlicensed facilities.
- Thomas Umberg
Legislator
Sober living homes are unlicensed and they may not provide certain services, for example treatment. However, some do, some even advertise that they provide those services. And what we're doing in this Bill is in accordance with the recommendations of the State Auditor's report. We're initiating, we're creating a timeline to initiate investigations of unlicensed facility allegations within 10 days.
- Thomas Umberg
Legislator
That's DHCS needs to complete the investigations within 60 days and issue violation notices within 10 days of completing the investigation and conduct mandatory follow up site visits. As I mentioned, capacity is limited.
- Thomas Umberg
Legislator
And so what this Bill does is this Bill provides for the county, county behavioral health services if within the purview of DHCs, that they may also make a site visit and an inspection.
- Thomas Umberg
Legislator
With me here to testify is Carolyn Grinder of the California League of Cities and Christine Hand, Southern California resident, to discuss her experience in living in a sober living home. Thank you, Mr. Chair.
- Christine Hand
Person
Hi, my name is Christine Hand. Two years ago I was transported from Oklahoma to California by 55 silver. I realize now there are over 50 LLCs under the 55 silver umbrella that are not properly licensed and owned under various names to avoid sitting state regulations.
- Christine Hand
Person
Without being offered detox, taken directly to Silver Living and immediately given a job myself as a house manager. I was then given a large amount of pills to dispense to clients such as buprenorphine, Gabapentin and Xanax. Without any training or any proper storage.
- Christine Hand
Person
Medications were only allowed to be prescribed by 55 silver's one and only Doctor and only from their pharmacy. We roughly paid $2 an hour for these jobs. From that position, we could see things were not morally or ethically sound.
- Christine Hand
Person
Clients were dumped in the streets, forcibly removed from these facilities for a variety of reasons such as angering house managers, not logging in a group, or a simple clerical issue with their insurance. At this time, clients are then given 30 minute notice to vacate. No resources, no assistance.
- Christine Hand
Person
More often than not, these evictions were physically enforced by what they call the Goon Squad. PHP, IOP and Sober living settings are one and the same. In one case, a client overdosed on fentanyl during his participation of treatment on Zoom from his sober living bedroom.
- Christine Hand
Person
Another client was denied medications prescribed from an emergency room visit resulting in death from an untreated infection. His body was not found for almost a full 24 hours. Each family was lied to about the manner of death. We have collected evidence that consists of witness statements, photos, videos and documents which pertain and prove civil and criminal violations.
- Christine Hand
Person
This last year, we've opened cases and filed complaints with DHCs, insurance fraud Department, Civil Rights Division, Labor Board and many other entities with little to no response. We have forwarded all this information to Senator Zumberg's office and authorized him to share this with this Committee. We have sent emails to every official office we could find.
- Christine Hand
Person
As a consequence of this whistleblower action, 55 Silver met us with retaliation. Within the span of an afternoon, we lost our residence, our job and our security. We were confronted with that Goon Squad that attempted to employ the same force and fear tactics that we were aware of on so many other occasions.
- Christine Hand
Person
These situations continue to happen because local authorities have no jurisdiction to step in. No regulations that enforce that can be enforced in a timely manner. Just here today to support SB35. The current process is broken on all fronts and they very much need your help. And we thank you for your time.
- Caroline Grinder
Person
Good afternoon, Committee Members. My name is Caroline Grinder. I'm here on behalf of the League of California Cities, which is proud to sponsor SB35. We know that Residential Recovery Housing provides a range of benefits to some of California's most vulnerable residents and that it's critical that their needs are prioritized over profits.
- Caroline Grinder
Person
That's why compliance with state licensing laws administered through the Department of Health Care Services is essential to safeguarding residents well being and maintaining quality care. Under current law, any drug or alcohol treatment facility that provides treatment or detox services must obtain a valid license. The Department is also currently responsible for receiving and investigating complaints against unlicensed facilities.
- Caroline Grinder
Person
However, a recent state audit revealed that the Department has not consistently investigated or followed up on allegations of unlicensed facilities illegally providing or advertising treatment services. This failure has allowed unlicensed operators to continue to provide illegal services in residential neighborhoods without oversight or accountability.
- Caroline Grinder
Person
SB35 would implement the Auditor's recommendations by requiring the Department to meet certain timelines to investigate allegations of unlicensed activity. It also requires the Department to do follow up visits to ensure that activity is stopped and also investigate other facilities run by those actors to ensure that those facilities are also in compliance.
- Caroline Grinder
Person
If the Department fails to meet this timeline, we can also partner with counties to do site visits and enforce licensure law on the department's behalf. This will hold the Department accountable and enable swift action to address violations, ensure compliance and protect public health and safety as a number of these facilities continues to rise.
- Caroline Grinder
Person
With billions of dollars in the pipeline for behavioral health housing, now is the time for our Legislature to consider how to better provide oversight and accountability and ensure that these facilities are complying with state licensure law. This Bill is not about limiting access to these critical treatment services.
- Caroline Grinder
Person
We have time and time again supported behavioral health housing investments. The bill's intent is to enhance oversight and enforcement of existing state laws so that these facilities can partner with local governments to ensure that they are providing and improving treatment outcomes for those receiving care in the broader community. So for those reasons, we're proud to sponsor SB35.
- Caroline Grinder
Person
We urge your aye vote and happy to answer any questions. Thank you so much.
- Roger Niello
Legislator
Thank you. Others in support, approach the microphone. Name, organization and position.
- Ethan Nagler
Person
Ethan Nagler on behalf of the cities of Carlsbad and Thousand Oaks and strong support.
- Paul Yoder
Person
Paul Yoder on behalf of the California State Association of Psychiatrists. In support.
- Kerry West
Person
Kerry West on behalf of the City of Mission Viejo and Whittier in support.
- Roger Niello
Legislator
Thank you. And do we have any primary witnesses in opposition? Do we have any other witnesses in opposition? Seeing no one approach the microphone. Bring it back to the Committee. Questions or comments? Okay. Seeing none. Senator Umberg. There are amendments on the Bill from a previous Committee hearing after.
- Thomas Umberg
Legislator
Thank you Mr.Chair. After careful consideration, I have decided to accept those amendments and thank Mr. Daugherty for his fine work on this as well. And with that, I urge and aye vote.
- Roger Niello
Legislator
Okay, that is an excellent conclusion. Do we have a motion? Moved by Senator Durazzo? Please call the roll.
- Committee Secretary
Person
This is file item 56, SB35. The motion is do pass as amended to Senate Appropriations. Umberg. Aye. Umberg, I. Niello.
- Committee Secretary
Person
Niello. I. Allen. Allen. I. Autoguin. Ashby. Caballero. Caballero. I. Durazo. Durazo. I. Laird. Stern. Valaderas. Wahab. Weber. Pearson. Weber. Pearson. I. Wiener. Six to zero.
- Thomas Umberg
Legislator
I'm sorry. 6-0. Put that on call. Alrighty. Thank you very much. And I see Senator Gonzalez waiting. File number 12, SB48. Senator Perez is also here. Go ahead.
- Lena Gonzalez
Legislator
All right, thank you. Good afternoon now, Mr. Chair and Members, I'm here to present SB48. It implements critical protections to ensure students, parents, staff and teachers feel safe and welcome at our schools. As we know, don't need to talk about it over and over again, but unfortunately, it's happening now.
- Lena Gonzalez
Legislator
The current federal administration's escalating attacks on our immigrant communities are causing real fear. I think there's been some discussion that this has been misinformation, but we're actually seeing it, unfortunately unfold. Just about a week and a half ago in my own district, in my own Senate district, I literally presented this Bill in education a week and a half ago.
- Lena Gonzalez
Legislator
And then a few days later, in South Los Angeles, two, four students, excuse me, were being looked after and sought after by federal agents under the guise of a wellness check. And so that was really concerning. And this is all the reason why I put forward SB48.
- Lena Gonzalez
Legislator
We knew this was going to happen, but it's actually occurring now across the nation, but most certainly in California. And so it'll prohibit schools officials from granting immigration authorities permission to access a campus without a valid judicial warrant and will protect students personal information and educational records because there is no explicit prohibition in statute.
- Lena Gonzalez
Legislator
Now, testifying in support, I have Tristan Brown, who is here today with the legislat- he's the Legislative Director for CFT. And the Superintendent of Public Instruction could not be here today, he was going to testify. But Mr. Brown, please.
- Tristan Brown
Person
Thank you, Mr. Chair and Members, Tristan Brown with CFT. I'd like to think of two main pillars about this policy proposal. One of hormones and one of homework. And by that, I mean the stress, the hormonal stress that students might endure.
- Tristan Brown
Person
The cortisol that runs through your blood is something that we've studied and known well for a myriad of causes and conditions that gravely interfere with a student's ability to learn new material. When you're in fight or flight mode, you're unable to know what A squared plus B squared equals C squared.
- Tristan Brown
Person
It doesn't compute because your survival doesn't depend on that. Now, we hope that the engineers of the future are well versed with the Pythagorean theorem, but if they're worried about getting thrown into a van at the end of their school day, it's not happening.
- Tristan Brown
Person
So we really appreciate the merits of this Bill to provide, once again, the notion that campuses are one of the safest places for students to be. And at Russell Elementary, which the author was alluding to earlier, we had our own members who work there and have family members go there. Federal agents were present at that campus.
- Tristan Brown
Person
This is actually happening in our State of California. And we did see a dramatic drop that next week in the attendance of students at that school. So they are in a fight or flight response mode right now because of what's happening on the federal level.
- Tristan Brown
Person
The homework component of this Bill is that the, well, the law enforcement officers must do their homework and by that they must prove up to actually be granted a judicial warrant.
- Tristan Brown
Person
You have to be able to make specific details to the judge or magistrate to obtain that judicial warrant where you know exactly who you need, where they will be, and why you're going to get them. It is not a dragnet.
- Tristan Brown
Person
So this is something that still allows law enforcement to do what they need to do, but to prove up that the efforts are worthwhile and actually going after criminal activity. So those two components of this Bill are why we support this. Students need to feel safe on campus.
- Tristan Brown
Person
They need to know that there isn't a group of folks who might look like they're on a SWAT team or might look like they're just in a hoodie with a badge underneath that coming for them. They're here to learn and be part of the next generation of our workforce and our communities.
- Tristan Brown
Person
So for those reasons, we're adamant supporters and cosponsors of this legislation and urge your aye vote today.
- Lena Gonzalez
Legislator
I do now. It's David Shapira with the Superintendent's Office.
- David Schapira
Person
Made it just in time. Thank you. Good afternoon Chair, Members of Committee. Grateful to address the Committee on behalf of State Superintendent Tony Thurman regarding this urgent and important Bill. SB 48 seeks to protect all children's legal right to attend school and learn, regardless of their immigration status.
- David Schapira
Person
Less than 100 days into the Trump Administration, we are already seeing deeply disturbing attempts to bring immigration enforcement efforts to our school campuses, including two recent incidents in LAUSD that were mentioned in which Homeland Security agents sought contact with elementary school aged children, stating that they had family permission to speak with the children when they did not in fact have such permission.
- David Schapira
Person
Every child in this country, and in our state, has a legal right to attend school and to learn regardless of their immigration status. This right is enshrined in our state constitution and has been affirmed by the United States Supreme Court.
- David Schapira
Person
Families should never be afraid to send their children to school, and our schools must not become a place where children fear these sorts of actions. I'm proud of our school employees who followed local protocols in LAUSD and denied these officers access unauthorized to innocent children who pose no risk to our national security.
- David Schapira
Person
We must be frank about the scope and impact on our state and on our students. According to data gathered by the Urban Institute, approximately half of California's children are members of immigrant families in which one or more parents are immigrants. The research on educational impacts of heightened immigration enforcement is clear.
- David Schapira
Person
The threat of immigration enforcement can impair the ability of many students, including those who are undocumented and those who are US citizens, to thrive in our school system.
- David Schapira
Person
2017 surveys found pervasive fear early in the first Trump Administration of Immigration enforcement in schools that resulted in increased emotional and behavioral problems among immigrant students, reduced commitment to school and the idea of going to college, and increased absenteeism.
- David Schapira
Person
Surveys found that the threat of immigration enforcement affected US Citizen students as well as immigrant students who are worried about the fate of family members, friends and classmates. Superintendent Thurman is a proud sponsor of SB48. We strongly encourage your support of this urgency. Thank you very much.
- Pamela Gibbs
Person
Good afternoon, Mr. Chair and Senators. Pamela Gibbs representing the Los Angeles County Office of Education. And we're proud supporters of this Bill and urge your aye vote.
- Thomas Umberg
Legislator
Thank you. Perfect. This is me-too testimony. You guys know the drill.
- Valerie Small Navarro
Person
Me too. Valerie Small Navarro representing the Electronic Frontier Foundation in support.
- Valerie Johnson
Person
Valerie Johnson with the California Undocumented Higher Education Coalition. And strong support. Thank you.
- Yarelie Magallon
Person
Yarelie Magallon with Political Solutions on behalf of the San Mateo County Board of Supervisors and support. Thank you.
- Ivan Fernandez
Person
Yvonne Fernandez with the California Labor Federation in support.
- Molly Sheehan
Person
Molly Sheehan with the California Catholic Conference in support. Thank you.
- Maria Flores
Person
Maria Flores here on behalf of Long Beach City College, [speaking Spanish], and Hispanics organizer Political Quality. Thank you. And support.
- Dubrea Sanders
Person
Good afternoon, Chair, and Members. Dubrea Sanders with Catalyst California and strong support. Thank you.
- Magaly Zagal
Person
Magaly Zagal on behalf of Equality California and Aspire Public Schools in support. Thank you.
- Jaelson Dantas
Person
Jael Dantas with Full Moon Strategies on behalf of Alameda County in support.
- Kelly Brooks
Person
Kelly Brooks on behalf of the Santa Clara County Board of Supervisors here in support.
- Christopher Sanchez
Person
Christopher Sanchez on behalf of Carreras and the Central American Resource Center and Asians Americans Advancing Justice Southern California in strong support.
- Lily Mackay
Person
Lily Mackay on behalf of First Five California in support. Thank you.
- Rosanna Carvacho Elliott
Person
Good afternoon, Mr. Chair and Senators. Rosanna Carvacho Elliott here on behalf of the City of Alameda also in support. Thank you.
- Anallely Martin
Person
Anallely Martin with the California Immigrant Policy center and strong support.
- Cassie Mancini
Person
Cassie Mancini on behalf of the California School Employees Association, in support.
- Sasha Horowitz
Person
Sasha Horowitz on behalf of Los Angeles Unified School District. In support.
- Barbarah Torres
Person
Barbarah Torres with Townsend Public Affairs on behalf of City of Soledad and City of Santa Ana in support.
- Tina Rosales-Torres
Person
Good afternoon, Chair and Members. Tina Rosales-Torres with the Western Center on Law and Poverty and support. Thank you.
- Adam Keigwin
Person
Chair and Members, Adam Keigwin on behalf of the California Charter Schools Association and Alliance College-Ready Public Schools in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support? Please approach. Seeing no one else approaching the microphone, let's now turn to the opposition. If you're opposed to SB48, please line up. Seeing no one approaching the microphone, let's bring it back to Committee for questions. Questions by Committee Members? Senator Durazo, do you move the Bill? Senator Durazo moves the Bill.
- Lena Gonzalez
Legislator
Just want to thank you and respectfully ask for an aye vote. Thank you, Mr. Chair.
- Thomas Umberg
Legislator
Thank you very much. Committee Assistant Porter, please call the roll.
- Lena Gonzalez
Legislator
Okay, thank you, Mr. Chair. Members presenting SB572 like to start by accepting the Committee amendments that will add privacy protections for personally identifiable and confidential business information. I started off saying in the last Committee that I actually hope this doesn't get enacted, but it seems like we have made strides and we'll explain why.
- Lena Gonzalez
Legislator
SB572 will ensure that California maintains access to critical road and vehicle safety information if the Federal Government ceases collecting this data. As we know, President Trump's transition team and executives at Tesla have publicly spoken against the National Highway Traffic Safety Administration. Administration's crash reporting requirements for autonomous vehicles and vehicles with advanced driver assistance features.
- Lena Gonzalez
Legislator
These are features like lane centering and adaptive cruise control, and we still want to ensure that those get enacted and that they are reported. And, you know, California's deserve this transparency and accountability. We need to make sure that auto manufacturers are accountable to the residents on these issues, our California residents on these issues.
- Lena Gonzalez
Legislator
So testifying in support today, I have Rosemary Shahan from Consumers for Auto Reliability as well as Mark Vukovich with the Streets for All. Thank you so much.
- Mark Vukovich
Person
Good afternoon Committee. My name is Mark Vukovich, Director of State Policy for Streets for All. As vehicle technology continues to advance, it's critical that state lawmakers and regulators have access to road and vehicle safety data to ensure that our policies are improving the safety of our roadway.
- Mark Vukovich
Person
And since 2021, the Federal Government has required required manufacturers to report collision data for vehicles with level 2 ADAS systems. These systems have features like lead centering and adaptive cruise control, but require a driver at all times.
- Mark Vukovich
Person
Technology is not perfect and might make the wrong choice when confronted with an emergency vehicle, a bicyclist, a construction zone or some other obstacle. The collision data collected by the Federal Government has spurred multiple investigations into the safety of these technologies at the federal level.
- Mark Vukovich
Person
And the data is also publicly accessible online to researchers, consumers and their stakeholders. California alone has had over 700 reported collisions involving these vehicles that resulted in injuries, fatalities, property damage or injured involved in a vulnerable road user.
- Mark Vukovich
Person
And as a state, much of our recent work has focused on improving the safety not just for vehicles, but for pedestrians and bicyclists as well. So we need to know and we need to have this data and we need to collect this data.
- Mark Vukovich
Person
And this Bill, SB572 will ensure that if the Federal Government stops requiring manufacturers report these collisions, that California will step in and that the DMV will get that information so that we can make those informed decisions.
- Mark Vukovich
Person
It's a common sense safety measure that will ensure California has the tools it needs to make sure our roadways are safe for all users. Thank you.
- Rosemary Shahan
Person
Mr. Chair and Members, Rosemary Shahan, President of Consumers for Auto Reliability to Safety. We strongly support this measure and applaud Senator Gonzales for her leadership in authoring it. And I would echo the comments made by my predecessor here in support and just note that California has the most crashes involving level 2 driver assist vehicles.
- Rosemary Shahan
Person
As he noted, it's over 700,047 so far, according to the National Highway Traffic Safety Administration, which is over 500 more crashes than in any other state. And early reporting of these incidents helps identify safety defects and prevent fatalities and injuries before they can occur. And we would respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you very much. Others in support, your name, your affiliation, your position.
- Kim Stone
Person
Kim Stone, Stone Advocacy on behalf of Consumer Watchdog in support thank you.
- Sabina Tucker
Person
Sabine Tucker on behalf of Consumer Attorneys of California in support thank you.
- Doug Subers
Person
Good afternoon. Doug Subers on behalf of the California Professional Firefighters in support thank you.
- Thomas Umberg
Legislator
Anyone else in support of SB572, please approach. Seeing no one approaching, let's turn the opposition. If you're opposed to SB572, please line up. Seeing no one coming forward to the microphone, let's bring it back to the Committee. I think I've asked, but if not, have you accepted the Committee amendments?
- Thomas Umberg
Legislator
Okay, thank you. All right, bringing back Committee for questions. Seeing no questions, is there a motion moved by Senator Caballero? All right, Senator Gonzalez, would you like to close?
- Thomas Umberg
Legislator
Thank you very much. Committee Assistant Porter, please call the roll. Actually, before calling the roll, let me just go over the lineup here. So next would be Senator Hurtado. After Senator Hurtado would be, times two would be Senator McNerney and then Senator Perez. So we're blessed with both a quorum and several authors.
- Thomas Umberg
Legislator
We'll put that on call. All right, Next file item number 14, Senator Hurtado. SB295, and then follow 15, SB297.
- Melissa Hurtado
Legislator
Thank you, Mr. Chair and members, I'm proud to present Senate Bill 295, a bill born from the realities we face back in my home in the Central Valley, where rising prices at the grocery store, the gas pump, and in rent are no longer just an inconvenience. They are a threat to working families and small businesses.
- Melissa Hurtado
Legislator
I have accepted the amendments noted in the analysis. As always, I am committed to continuing the work to ensure we address the problem we intend to solve. Algorithms aren't just tools anymore. They are decision makers. They determine what we pay for gas, groceries, and rent.
- Melissa Hurtado
Legislator
When they use competitor data to silently synchronize prices, they do what humans cannot. They collude invisibly. They collude automatically. And they collude repeatedly. This isn't innovation. It's automated exploitation. In the Central Valley, families are paying nearly 30% more for beef, pork, and poultry compared to just a few years ago. It's not because farmers are making more.
- Melissa Hurtado
Legislator
It's because a handful of corporations control the market. Now they're using powerful pricing algorithms to squeeze consumers even more. What once required secret meetings and smoke filled rooms is now happening invisibly in the cloud, powered by AI. If we don't act, it's not just groceries. It's rent, airfare, hotels, the list goes on and on.
- Melissa Hurtado
Legislator
Algorithms are making pricing decisions that push cost higher, faster, and without accountability. SB 295 closes a dangerous loophole. It prohibits the use of competitor data and pricing algorithms because if it's illegal for a person named Bob to collect and coordinate competitor prices, it shouldn't be legal for an algorithm either.
- Melissa Hurtado
Legislator
It requires transparency by allowing our Attorney General to investigate and hold accountable those using algorithms to fix prices. It protects honest businesses while cracking down on bad actors abusing technology to exploit consumers. This bill doesn't ban algorithms. It bans abuse. It doesn't criminalize innovation. It clarifies when innovation crosses into collusion. You may hear that algorithms aren't inherently harmful. That's true.
- Melissa Hurtado
Legislator
But when they are trained on competitor secrets, they stop serving consumers and start rigging the market. Efficiency is no excuse for illegal activity. You may hear that antitrust laws already exist. But those laws were built for humans, not machines. Algorithms don't need meeting to collude. They learn it automatically. You may hear this could hurt small businesses.
- Melissa Hurtado
Legislator
The opposite is true. This levels the playing field by holding powerful corporations accountable. Not honest. I can't pronounce the word entrepreneurs for one word. Colleagues, this is our moment to close the gap between innovation and accountability.
- Melissa Hurtado
Legislator
If we wait until every grocery chain, every landlord, and every service provider is using AI to fix prices, we've waited too long. That's not progress, that's preprogrammed price rigging. And with me today to testify and support SB 295 is Jonathan Eisenberg. He's the Deputy General Counsel for Litigation at the AIDS Health Care Foundation.
- Jonathan Eisenberg
Person
Thank you. After that speech, I'm not sure I have that much more to say, because Senator Hurtado covered a lot of the points that I was going to make. I wanted to emphasize how not radical this proposed law is. I'll quote Adam Smith.
- Jonathan Eisenberg
Person
Some consider him the parent of economics from the 18th century. "People of the same trade seldom meet together, even for merriment and diversion. But the conversation ends in a conspiracy against the public or some contrivance to raise prices." Collusion among business competitors has been forbidden in free market economics since the very beginning.
- Jonathan Eisenberg
Person
We're seeing a new flavor of the same old type of food here with AI pricing, algorithms leading to collusion. Pricing algorithms, even not in a collusive context can harm consumers. This bill takes aim squarely at collusion. It's in the title of the bill and it's in the terms of the bill.
- Jonathan Eisenberg
Person
I wanted to just restate the Bob quote that Senator Hurtado mentioned because I think it gets to what this bill addresses. The original quote is from FTC Chairwoman Maureen Olhausen. "Is it okay for a guy named Bob to collect confidential price strategy information from all the participants in a market and then tell everybody how they should price?
- Jonathan Eisenberg
Person
If it isn't okay for a guy named Bob to do it, then it probably isn't okay for an algorithm to do it either." The algorithm is replacing human beings interacting to fix prices with a computer that can do it silently and behind the scenes as Senator Hurtado stated.
- Jonathan Eisenberg
Person
So I just wanted to reiterate that AIDS Healthcare foundation is a proud sponsor of this bill in hopes that the committee takes action to end these abusive practices.
- Thomas Umberg
Legislator
Thank you very much. Others in support of SB 295, please approach the microphone. If you're in support, please line up. The floor is yours.
- Jesse Brooks
Person
Good afternoon, Jesse Brooks. I'm from Oakland, California. I support SB 295.
- Patrice Williams
Person
Good afternoon. My name is Patrice Williams. I'm from Oakland, California, that supports the bill, SB 295.
- Thomas Umberg
Legislator
Thank you very much. Thank you for being here. All right, if you're opposed to SB 295, please approach your microphone. Seeing no one. Okay, maybe one. All right, maybe two. Okay.
- Laura Bennett
Person
A little bit of a traffic jam. Apologies. Good morning. Afternoon. Wow. Mr. Chair, members, Laura Bennett, on behalf of California Chamber of Commerce in opposition to 295 as a cost driver. There are a few key facts, keep in mind. First, price collusion is already illegal under current law.
- Laura Bennett
Person
Second, the use of the pricing algorithm does not constitute price fixing. Pricing algorithms are widely used today by employees to make their prices more responsive to changes in supply and demand, but also be more competitive. This importantly, tends to benefit small businesses. Retailers use them to ensure they offer the most competitive prices to consumers.
- Laura Bennett
Person
Airlines and hotels use them for discount programs like Southwest Rapid Rewards and Marriott Bonvoy. These and similar programs would be in danger, under a price, under a ban on pricing algorithms. This again does not change the fact that colluding competitors to fix high prices is prohibited.
- Laura Bennett
Person
Third, prosecution of collusion can be and is actively being pursued. Unfortunately, like SB 1154, which stopped in this committee last year, SB 295 is unnecessary and is problematic in how it blurs the line between lawful uses of pricing algorithms and price fixing.
- Laura Bennett
Person
Our fundamental concern here is that the bill prohibits the use of publicly available information to set competitive prices, not just non public, competitively sensitive data, and that in doing so, the bill proposes an arbitrary distinction between public data and public data that is deemed functionally equivalent to non public, proprietary, or competitively sensitive data based solely on the data having gone through aggregation and algorithmic processing.
- Laura Bennett
Person
This arbitrary delineation between legal and illegal pricing practices will have a chilling effect on legitimate and competitive pricing practices, such as price matching being an algorithm. That said, we were reviewing the committee's amendments and appreciate they will be moving the bill in a better direction, and we do still strongly oppose the bill as a cost driver. Thank you.
- Ryan Allain
Person
Good afternoon, Ryan Allain, on behalf of the California Retailers Association in opposition to SB 295. I'd like to start by saying that my testimony was originally focused on the original definition of community competitor data. We appreciate where it's going. I still need to get some more feedback from my members just. And I'll follow up with the author on the feedback of the new definition.
- Ryan Allain
Person
I just wanted to highlight that the retail industry is a very customer centric and customer focused industry and highly competitive with slim margins. And pricing algorithms like this lower prices which generate sales and that's what retailers want. Overall pressure in the retail industry to be competitive and personalize prices and prices, personalized pricing will lower prices and not raise them. Just want to make sure I highlight that. But we will also follow up. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Others in opposition. Seeing no one else approach the microphone, let's bring it back committee. Questions by committee members? Oh, okay. Hoping you get your steps in. So. All right, There you go.
- Chris McCauly
Person
Sorry, Mr. Chair, Chris McCauly on behalf of the Civil Justice Association of California, respectful opposition. Thank you.
- Brandon Knapp
Person
Good afternoon. Brandon Knapp representing Chamber of Progress. In opposition.
- Skyler Wonnacott
Person
Skyler Wonnacott on behalf of California Business Property Association and the California Business Roundtable. In opposition.
- Emily Doe
Person
Good afternoon. Emily Doe with the California Credit Union League in respectful opposition.
- Thomas Umberg
Legislator
Thank you. Anyone else in opposition, please approach the microphone. Seeing no one else approaching the microphone. Let's bring it back for questions by committee members. Seeing no questions by committee. Oh, I'm sorry. Senator Caballero has a question.
- Anna Caballero
Legislator
Yeah, I have a question and I guess it's the one that has been raised by the opposition is when do you know that an algorithm has been used for a bad purpose as opposed to a good purpose? Because I do think that there are, that the retail market is really competitive. Particularly as it prices food.
- Anna Caballero
Legislator
You know, people run to the stores that have the things on sale that they want and then end up buying the rest of their groceries there. So I'm wondering if there's. If you've thought about that and if there's a solution for that. I want to be supportive because I do. I become jaundiced to the use of AI in many instances and. But I do think there are benefits to it as well.
- Melissa Hurtado
Legislator
Yeah. I'll just start by saying that I don't want to limit innovation by any kind of way. Right? Especially not trying to do so with this fill. But I would say respectfully that the consumers right now are feeling like they can't afford food. Right? And the cost of it is too high.
- Melissa Hurtado
Legislator
And I believe there's an active case at the moment. I'm not sure exactly, but I'd have to get back to you on that. But I don't know if my expert witness is still around and see if he wants to comment. He is.
- Anna Caballero
Legislator
So let me also say while he's walking up that it's interesting to me, this whole issue of food prices, because you're absolutely right, food prices are really high, but they're really high in certain segments. And some of it made sense in terms of agricultural production.
- Anna Caballero
Legislator
The price of eggs was directly related to the flu, to the avian flu. It's not aviation flu, it's avian flu. And yeah, we're both that kind of day. But my point is that right before the election, it was a huge issue.
- Anna Caballero
Legislator
Eggs haven't gone down in price and it's no longer an issue that you hear about and no one's talking about it. And it's my opinion that they were bots designed to send out a lot of information. So some of this is not. It's manipulation of social media that makes people believe things more than other things. I'm not saying that food prices aren't high. It's definitely, It's definitely high.
- Anna Caballero
Legislator
And I know that ag producers are not making that money, but I'm wondering if it is this, this industry of AI usage or if there's other things going on that we just don't understand, like the middle people who are making a lot more money than the farmer. So.
- Jonathan Eisenberg
Person
Right. There are many factors driving inflation right now. I don't think anyone would say that AI price collusion is the sole source of the rapid inflation that we've seen in past years. But I can cite that there is litigation that's happening under the federal Sherman Act that's in the federal courts.
- Jonathan Eisenberg
Person
This is not the Cartwright Act, but it's close because both laws forbid horizontal price fixing, the cardinal sin of antitrust law, which is what this bill would go after. And we're seeing some mixed results under the existing statutes. So there's a case involving AI algorithmic price fixing of hotel rooms in Las Vegas.
- Jonathan Eisenberg
Person
There's another one that is the Gibson case. Then there's the Caesars Entertainment case in Atlantic City, New Jersey, a very, very similar case. In both of those cases, the hotels, what I would think are the colluding hotels were able to get the cases dismissed under the existing law.
- Jonathan Eisenberg
Person
The case, the RealPage case, which is about rental housing and is being pursued by federal law enforcement as well as the California Attorney General and a number of other state AGs, that case has survived. But there's a, as you can see, there's a mixed outcome. This law would not displace state antitrust law. It would essentially clarify it and take away the argument that the law is too ambiguous to reach this conduct.
- Thomas Umberg
Legislator
Thank you very much. Senator, did you. No. A couple comments. Thank you very much. And I'm prepared to support the bill as amended today. Senator Hurtado and I appreciate your hard work and your passion for this, this space. A couple things.
- Thomas Umberg
Legislator
One, and I'd ask you, we've shared some other concerns, and I'm hoping that you'll continue to work on some of the issues that have been raised. One is a time limit on the prohibition on the use of competitively sensitive information. Competitively sensitive information no longer becomes competitively sensitive over the course of time, and trying to define that
- Thomas Umberg
Legislator
Also trying to further define what is, you know, competitive. What is competitive information and what is the intent element, whether there's an intent to collude, whether that violates the bill as authored, and clarifying that competitive sensitive data obtained from sources other than the competitor is not included with the definition of competitor data.
- Thomas Umberg
Legislator
So I'd ask you, as this bill moves forward, assuming it does move forward, that you consider those elements, those issues, those amendments.
- Melissa Hurtado
Legislator
Yeah. Thank you, Mr. Chair. You know, I'm known as someone that likes to work with everyone to find common ground. And this is a bill that I know when I introduced it last year, it was very, very new.
- Melissa Hurtado
Legislator
But, you know, this time around, I think there's a lot more information and knowledge and bills in this area, and I'll continue to be working with anyone and everyone who wants to work with me to ensure that we get it right, because I don't want to get it wrong. So you have my commitment that I'll continue to be working with stakeholders to ensure that we get it right.
- Thomas Umberg
Legislator
All right. Thank you. So with those comments and those amendments, I'm prepared to support, although I may withhold on the floor. So thank you very much. All right. Committee Assistant Porter, is there a motion? Senator Caballero moves the bill. Would you like to close? I'm sorry. I didn't let you close.
- Thomas Umberg
Legislator
Thank you. Thank you. committee support. Please call the roll.
- Melissa Hurtado
Legislator
Thank you. I'm here to present SB297, which requires local health departments to annually report to the Health Department of Public Health confirmed cases of valley fever. The bill further mandates screenings in high incidence areas and ensures health insurance providers, including Medi-Cal, cover screenings for valley fever without cost to patients.
- Melissa Hurtado
Legislator
Valley fever is no longer a localized issue as climate change causes temperatures to rise and droughts to lengthen. I'm not going to pronounce this word because it's. I'm not even going to try. But the fungus that causes valley fever is spreading to areas previously unaffected.
- Melissa Hurtado
Legislator
Communities, including those in California and the Central Valley, are facing an increasing number of cases. This bill is necessary to address a growing public health crisis affecting thousands of people, particularly vulnerable populations such as farm workers, construction workers and individuals with weakened immune systems. Valley fever is significantly under diagnosed and under reported.
- Melissa Hurtado
Legislator
And although 10,000 to 20,000 cases are officially reported annually, the actual number is likely much higher due to inconsistent testing and reporting, making it hard for public health agencies to grasp the disease. True impact. Outdoor workers such as farm workers and construction crews face a higher risk of valley fever by inhaling fungal spores on the job.
- Melissa Hurtado
Legislator
Without timely treatment, the disease can become severe, leading to missed work and high medical costs. The bill aims to improve access to screening and diagnosis, resulting in the better health outcomes and less financial strain on families.
- Melissa Hurtado
Legislator
Valley fever is both a health and economic issue, causing missed work, high medical cost and long term health problems that strain individuals, families and communities. A key part of the bill ensures valley fever screenings are culturally and linguistically appropriate, helping vulnerable workers like farm workers better understand the risks and access testing.
- Melissa Hurtado
Legislator
This approach promotes equitable health care and protects all workers. Health and safety. SB297 addresses Valley fever by requiring local health departments to report confirmed cases annually, mandating screenings in high incidence areas when needed, and ensuring insurance providers, including Medi-Cal cover screens at no extra cost to patients with limited exceptions for high deductible plans.
- Melissa Hurtado
Legislator
And I don't believe I have an expert witness with me here today. So with that I will respectfully ask for my vote.
- Roger Niello
Legislator
Well, we will ask for any witnesses initially. Are there any witnesses in support of this bill? Seeing no one come forward. Are there any primary witnesses in opposition to the bill? Are there any other witnesses in opposition to the bill? Seeing no one, oh seeing someone come forward.
- Farrah Ting
Person
Thank you, Senator. My apologies. I'm Farrah McDaid Ting with the County Health Executives Association of California and want to thank the Senator and her staff for working closely with us on this bill as it went through Health Committee.
- Farrah Ting
Person
There's one last clause that requires a new mandate for our members to perform education and outreach to providers and the public on this issue. And there's no funding included for doing those activities. And so we do still have an opposal that's amended regrettably, for this bill.
- Farrah Ting
Person
But we do support the general aim of the bill and also support the local health departments reporting cases to the state because tracking and data is very important. Thank you.
- Roger Niello
Legislator
Thank you. And having not seen any other, oh ,is there an opposition witness coming forward?
- Kevin Guzman
Person
Good afternoon, Mr. Chair and Committee Members. Kevin Guzman at the California Medical Association. Regrettably in opposition due to the screening mandate as previously mentioned. And that is it. Thank you.
- Roger Niello
Legislator
Thank you. Any other witnesses in opposition? Seeing no one's come forward. Bring it back to the Committee. Senator Laird, thank you.
- John Laird
Legislator
I want to commend the author because as the analysis suggests, there's just a disproportionate impact. And when it's unaddressed, it's unaddressed disproportionately to who the impact is to. So I appreciate this. I was just going to ask, are you going to continue to work with some of the people that raise concerns as this moves forward? Because I'm about to move the bill and hope that it will move forward.
- Melissa Hurtado
Legislator
So I'd like to think that I have a track record of working with people. We've worked with them and will continue to work to address other issues that arise as the bill hopefully moves along.
- John Laird
Legislator
Well, they raised a couple of issues now. And you're going to continue to work with them on those issues?
- Roger Niello
Legislator
The move has been billed. It's getting late. Yeah, the second is for lack of a motion. Keep going. So we have a motion. No other questions or comments. You may close.
- Roger Niello
Legislator
We will hold that open. And next up is Senator McNerney. Are you prepared? He believes he is. I believe you have two bills. Indeed I do. And you will start with SB7.
- Jerry McNerney
Legislator
Well, good afternoon, Committee Members, Members of this esteemed Committee. I'm more than thrilled to be able to present my two AI bills this afternoon. The first one, SB7 is narrowly focused and I will be accepting Committee amendments on this Bill.
- Jerry McNerney
Legislator
SB7 puts in place common sense guardrails and it basically requires employees to notify applicants and workers before using automatic, automated decision systems, ADS's in employment decisions. It ensures there's a human being in the loop for hiring, managing and firing decisions. I mean, who wouldn't want a human being in the loop?
- Jerry McNerney
Legislator
I certainly wouldn't want to have an algorithm decide my future. If I was working at Costco, for example. I don't want to single them out, but Costco or Amazon, any place. They use algorithms.
- Jerry McNerney
Legislator
These are called automated decision making programs and they need to have a human being in the loop so that it's not just algorithms that make these final decisions. It bars automatic decision making systems from predicting workers behavior so that it can justify employment decisions.
- Jerry McNerney
Legislator
So in other words, algorithms can predict if you're going to be misbehaving in some way and decide to fire you or lower your position. We don't want predictive behavior from these algorithms either. We have taken amendments into consideration. I think these were justified amendments.
- Jerry McNerney
Legislator
Basically, we streamlined the notification requirements to apply only before the use of ADS systems in hiring. We narrowed the prohibition on personal information, focusing only on inference and not on obtaining information. I'll explain that briefly. Inferences, when they use the algorithm to decide things about you that aren't obvious in the data.
- Jerry McNerney
Legislator
Obtaining information is something that's in your resume or something that's in public information that they can glean, that's obtaining. So those are the two algorithms that we accepted. These changes make the Bill more focused again and workable while keeping strong protections in place.
- Jerry McNerney
Legislator
With me here to testify today is Ivan Fernandez from the California Federation of Labor Unions and Charlotte Burroughs the former chair of the US Equal Opportunity Commission.
- Ivan Fernandez
Person
Good afternoon, Chair and Members of the Committee. Ivan Fernandez with the California Federation of Labor Unions, a proud co sponsor of SB7, the No Robot Bosses Act, which as the name suggests, would prevent workers from being subjected to automated management.
- Ivan Fernandez
Person
Automated decision making systems, or ADS, may be a new tool that employers have at their disposal to squeeze out every bit of productivity from a worker. However, this practice is nothing new. Employers have used scientific management to speed up, monitor and control workers for decades.
- Ivan Fernandez
Person
Today, employers are outsourcing management to artificial intelligence powered systems capable of firing and disciplining a worker and even determining how much they are paid. For example, Amazon Warehouses use an unpaid time system that provides workers with a limited amount of minutes of non working time throughout the day.
- Ivan Fernandez
Person
However, rather than actually providing them with flexibility, workers have reported that this system is used to automatically generate paperwork that is then used to fire them if they use up a certain amount of allotted time.
- Ivan Fernandez
Person
Workers can be fired even if they're 10 minutes late because of a sick child, because of a traffic jam or a health issue because an ADS is incapable of making a nuanced decision. Another risk of unsupervised ADS is the potential for bias, which the center had clearly pointed out.
- Ivan Fernandez
Person
Technology is not free from bias and the flaws of the humans that create them. Human biases are typically visible and can be tracked and corrected because they are made at the human scale. However, human bias can be built in and baked into the core of a technology through training, data and the algorithm itself.
- Ivan Fernandez
Person
The risk is worsened when these tools are used to predict future behavior rather than just analyzing past performance. Just being flagged as a risk can impact workers ability to get good shifts, to get a raise, or put them at risk of termination.
- Ivan Fernandez
Person
Simply because of an algorithm. SB7 requires human oversight over the machine management with a few simple requirements. It puts pre use and post use requirements to allow a worker to know when ADS is being used and establishes a process for the appeal and correction of faulty data.
- Ivan Fernandez
Person
Lastly, SB7 requires human oversight as a check for machine bias, but it also allows for human understanding and adjustment on those decisions. And for these reasons we respectfully urge your aye vote at the appropriate time. Thank you. Thank you. Next witness.
- Charlotte Burrows
Person
Good afternoon Members of the Committee. My name is Charlotte Burrows and I'm honored to be able to testify about the impact that this AI and automated decision systems are having in the workplace. Thank you for your attention.
- Charlotte Burrows
Person
I'm happy to talk about those impacts and I would defer to the sponsor as to how to meet these important goals.
- Charlotte Burrows
Person
My views are based on my own experience enforcing civil rights for more than two decades, also as a litigator in the civil rights arena and in policy, and they do not represent the views of any organization with which I'm affiliated.
- Charlotte Burrows
Person
The use of ADA, ADS, excuse me, is rapidly expanding and it's affecting all aspects of our employment systems now. That includes discipline, monitoring, even firing, and nearly everything in between.
- Charlotte Burrows
Person
Although some of these systems may offer benefits like other powerful tools, they have to have guardrails and so that urgent need to address these potential harms really led me to begin the EEOC's initiative on artificial intelligence.
- Charlotte Burrows
Person
And we were seeing harms such as online assessments that didn't give any accommodation for a candidate that had low vision capability or physical difficulties in using a mouse or keyboard. We saw evaluation systems that had been trained on biased data that was unrepresentative and therefore excluded many qualified workers.
- Charlotte Burrows
Person
We saw employee monitoring systems that set schedules so rigid it was impossible for employees to take breaks that they needed due to a disability or a religious practice or pregnancy.
- Charlotte Burrows
Person
And also there were actual, in rare cases, instances where there was intentional discrimination with these products, including in one instance where we brought a suit against iTutor that had programmed for online recruitment. Your birth date would get you excluded if you're a woman over 55 or a man over 60, immediately eliminated.
- Charlotte Burrows
Person
In short, these systems have created a new civil rights frontier and you could. Move to your conclusion. It is important that they be addressed. I thank you for your attention. Thank you.
- Roger Niello
Legislator
Are there witnesses in support? Come to the microphone. Give us your name, organization and position on the Bill.
- Mariko Yoshihara
Person
Mariko Yoshihara on behalf of the California Employment Lawyers Association, in support.
- Becca Cramer Mowder
Person
Becca Cramer-Mowder with Kaiser Advocacy on behalf of Privacy Rights Clearinghouse, in support.
- Robert Herrell
Person
Robert Herrell with the Consumer Federation of California, in support.
- Doug Subers
Person
Hi, Doug Subers on behalf of the California Professional Firefighters, in support. And I was asked to register support for SEIU California. Thank you.
- Samantha Gordon
Person
Samantha Gordon on behalf of Tech Equity, in support. Thank you.
- Sharita Moore
Person
Sharita Moore with Hernandez Strategy Group on behalf of Communication Workers of America District 9, in support.
- Cassandra Mancini
Person
Cassie Mancini on behalf of the California. School Employees Association and CFT, in support.
- Saveena Takhar
Person
Saveena Takhar on behalf of the Consumer Attorneys of California, in support.
- Anallely Martin
Person
Anallely Martin with the California Immigrant Policy center, in support.
- Roger Niello
Legislator
Any other witnesses in support? Seeing none come forward. We'll move on to the opposition. Primary witnesses opposed?
- Chris Micheli
Person
Yes Mr. Chair. Chris Micheli on behalf of the Civil Justice Association. I'm sorry, the Society for Human Resource Management on this. Just too many clients. No, I had. I had too many of the same. Yeah. SHRM is an, actually an international, let alone a national association, and in fact the largest of HR professionals in the country.
- Chris Micheli
Person
We regularly survey our members, HR professionals, throughout the country and have consistently found that ADS improves efficiency in hiring. We have raised this issue. I know that your excellent Committee analysis outlines potential amendments at the bottom of page 13 dealing with hopefully the removal of of job applicants from the definition of worker.
- Chris Micheli
Person
We also note that the Committee analysis has amendments on pre use notifications. Although we haven't seen language, it is generally described at the bottom of page 13. We obviously want to review this proposed amendatory language that you have there.
- Chris Micheli
Person
There could be some significant workload issues for HR professionals in dealing with that pre notice, pre use notification, but certainly work for look forward to working with the authors, sponsors, and continuing with the Committee staff on further amendments to SB7. Thank you.
- Ashley Hoffman
Person
Good afternoon. Ashley Hoffman on behalf of the California Chamber of Commerce. I want to echo the comments of my colleague. We really appreciate the amendments taken related to hiring and look forward to the language. We do have some outstanding concerns and have and will continue to have many conversations with the authors staff as well as the sponsors.
- Ashley Hoffman
Person
Some of our concerns are the breadth of the definitions. For example, ADS includes anything that assists decision making, not simply replace and in some provisions of the Bill also applies where it only indirectly impacts an employee, which does trigger certain notice requirements as well as certain appeals rights.
- Ashley Hoffman
Person
Some of the prohibitions on the use of ADS we have some concerns from a health and safety as well as a fraud protection standpoint. For example, some financial institutions do use predictive behavior analysis to analyze potential fraud or inappropriate access in computer systems. Some of our members have health and safety ADS that notify management.
- Ashley Hoffman
Person
For example, when a forklift is driving too fast, someone's not wearing correct PPE, something along those lines. And then finally, you know, we completely understand and share the goal of wanting to make sure that someone is not simply fired by a computer and that there should be some human oversight. Completely agree with that.
- Ashley Hoffman
Person
Just want to make sure that we are also working in circumstances where maybe an employee is out on the field alone. You know, some of these systems are detecting health and safety issues and then also some concerns about the appeals rights.
- Ashley Hoffman
Person
You know, if there is human involvement and you wouldn't have an appeals right if it was solely a human made decision. Why would you you have that right if there is human involvement? But there it's partially made by an ADS. So again really look forward to continuing discussions. Thank you.
- Roger Niello
Legislator
Thank you. And do we have other witnesses also in opposition? Name, organization and position.
- Kaitlyn Johnson
Person
Good afternoon. Kaitlyn Johnson with Political Solutions on behalf of the Western Car Wash Association, in opposition. Thank you.
- Kalyn Dean
Person
Good afternoon. Kailyn Dean on behalf of the California Hospital Association, in regrettable opposition.
- Matthew Easley
Person
Good afternoon. Matt Easley on behalf of Associated General Contractors in California in opposition. Thank you.
- Jason Ikerd
Person
Good afternoon. Jason Ikerd on behalf of the American Staffing Association and the California Staffing Professionals, in opposition, but echo the comments related to the amendments taken today. Thank you.
- Jessica Moran
Person
Good afternoon. Jessica Moran with Capital Advocacy on behalf of the Security Industry Association, in opposition. Thank you.
- Brandon Knapp
Person
Good afternoon. Brandon Knapp representing Chamber of Progress, in opposition. Thank you.
- Robert Wilson
Person
Good afternoon. Rob Wilson, California Credit Union League, here in respectful opposition.
- Ryan Allain
Person
Ryan Allain on behalf of the California Retailers Association, in opposition. Thank you.
- Embert Madison
Person
Embert Madison from the California Apartment Association, in opposition.
- Roger Niello
Legislator
Any other witnesses? In opposition. Seeing no one coming forward. We'll bring it back to the Committee or do we have any questions or comments? Appears not. I would just say that we have many attempts to regulate artificial intelligence and I understand the desire to.
- Roger Niello
Legislator
And I also completely agree that a human has to be eventually involved in the decision. As others have stated, the concern becomes when it's too restrictive and too complex. And I have to agree with the statements of the opposition, but it sounds like you're working with them and I hope that can improve the Bill.
- Roger Niello
Legislator
I won't support it today, but perhaps on the floor I can if it, if it improves. So with that, you may close.
- Jerry McNerney
Legislator
Well, I thank the chair. I thank the witnesses on both sides. This is a tool keeps AI, excuse me, it keeps AI as a tool, not as a boss. So in other words, it does not prohibit automated decision systems. It just makes sure that there's a human being in the loop.
- Jerry McNerney
Legislator
We've worked with some of the concerns that we've heard. We've accepted the Committee amendments. I think there's more that could be done and I'm certainly open to continue that discussion. I want to make sure that the Bill is effective, does what it wants to do. I don't want unintended consequences.
- Roger Niello
Legislator
Thank you. Do we have a motion? Senator Caballero moves the Bill. Please call the roll.
- Committee Secretary
Person
This is File item number 18, SB7. The motion is do pass as amended to Senate Appropriations.
- Committee Secretary
Person
Umberg. Niello? No. Niello, no. Allen? Araguain? Ashby? Caballero? Aye. Caballero, aye. Durazo? Laird? Aye. Laird, aye. Stern? Belladeras? Wahab? Weber Pierson? Aye. Weber Pearson, aye. Wiener? Three to one.
- Roger Niello
Legislator
We will hold that open. And Senator McNerney, you have another Bill?
- Jerry McNerney
Legislator
Indeed I do, Mr. Vice Chairman, and I thank you. I thank the Committee and the Members for participating this afternoon. Unlike the prior bill, which was narrow, this is a broad bill with a very big vision and a very big potential impact. This is a forward looking bill for AI governance.
- Jerry McNerney
Legislator
I would like to start by accepting the Committee amendments. We've been back and forth on some of those and I think there's still room for improvement, but we'll accept them as they are now. And I thank the staff on both sides for working on this bill. AI is growing and crashing into our lives.
- Jerry McNerney
Legislator
Some people are very excited about what AI is going to bring, and some people are nervous and afraid. But I think everyone can agree that we need as a human race to get our arms around this technology and put some guardrails in place before it's too late.
- Jerry McNerney
Legislator
I've been involved in artificial intelligence for very many years, first by studying neuroscience and neural networks, as a mathematician and a computer programmer in the US Congress. I chaired the House AI Caucus for six years and I wrote the Federal AI and Government act that was signed into law.
- Jerry McNerney
Legislator
I have thought deeply about how to deal, how to best ensure that AI is safe and beneficial. AI is developing very quickly and in my opinion it will be difficult or even futile to try to simply regulate it. AI is already capable of defending itself legally. We need to move in a slightly different direction.
- Jerry McNerney
Legislator
So what does SB813 do? It builds a framework for voluntary and I want to stress that for voluntary certification, where standards can be developed in a public and transparent way, standards can be nimble and can react faster than legislation and regulation can in reacting to changing technology.
- Jerry McNerney
Legislator
The core of the proposal, which is in line with the Governor's Policy Working Group on the AI frontier models. The core of the proposal here is to have third party assessments and safety standards developed by entities which are called multi stakeholder regulatory organizations, or MROs.
- Jerry McNerney
Legislator
These MROs will make up the subject matter will be made up of subject matter experts, civil society leaders and industrial leaders.
- Jerry McNerney
Legislator
There are several areas that AI will need standards such as data standards, watermarking standards, many health care fields that need standards, energy standards, standards for human oversight, standards for education, standards for AI in the workplace, and standards for using artificial intelligence in law. So there's many areas that we need to create standards.
- Jerry McNerney
Legislator
There have been concerns raised that this approach will allow industry to certify itself. That will not be allowed by this bill as a part of the Committee amendments. The bill now directs the Attorney General to set regulations for how MROs operate and create strong conflict of interest protections.
- Jerry McNerney
Legislator
MROs must demonstrate Independence from the companies they certify and if an MRO becomes captured, the state has the authority to revoke its license. I have heard concerns with the affirmative defense provided by the bill and I have accepted amendments to change affirmative defense through rebuttable presumption.
- Jerry McNerney
Legislator
This will provide AI platforms with legal certainty about the requirements they must satisfy to develop responsibly to develop AI responsibly and prevent unnecessary harm. There is also some concern about states creating their own AI regulations that can be preempted by Federal Government, causing the Federal Government to wallow around in action.
- Jerry McNerney
Legislator
This has happened and I've seen it happen in Washington. Once states start providing their own laws, the Federal Government finds it very difficult to act. But SB813 is scalable both nationally and internationally and mirrors the framework of the European Union in advancing under their AI Act.
- Jerry McNerney
Legislator
A federal law can be modeled on SB813 that would build on California standards. Moreover, if California creates AI standards that are acceptable by industry, they will in effect be national standards. This bill has legs.
- Jerry McNerney
Legislator
There are over 20 academic experts who have signed on to a letter supporting this bill, most notably Nobel Prize winner Geoffrey Hinton and Yosha Benito, who have widely accepted as the grandfathers of AI.
- Jerry McNerney
Legislator
And finally, there is a real urgency here as AI is evolving rapidly and a delay of a single year will make the job of establishing guardrails that much more difficult, maybe even impossible. So with me to testify this morning or this afternoon, it's been a long day is Andrew Freedman, Chief Strategy Officer of fathom. Andrew?
- Andrew Freedman
Person
Thank you Committee. My name is Andrew Freedman and I am the co-founder and Chief Strategy Officer of fathom, a California based, philanthropically funded non-profit with a mission to support the solutions needed for society's transition to a world with AI.
- Andrew Freedman
Person
Over the past year, we conducted extensive public opinion research and brought together hundreds of leaders from business, government, academia and civil society. With guidance from our senior advisors, Professor Gillian Hadfield at Johns Hopkins and Dean Ball, formerly of the Mercata center, we helped envision a public private governance solution to create standards for AI development.
- Andrew Freedman
Person
In addition to Yoshua Bengio and Geoffrey Hinton, this proposal also supported by a range of experts like Harvard Law Professor Larry Lessig, Stuart Durazo, founder and head of the Center for Human Compatible Artificial Intelligence, Kay Firth Butterfield, nationally renowned AI ethicist and Samuel Hammond, Chief Economist at the foundation For American innovation, SB813 has garnered some of the strongest intellectual support for any policy initiative related to AI governance to date.
- Andrew Freedman
Person
In the public support letter submitted to the Committee, they all quote, agree that SB813 stands out as the most responsive, well designed model yet able to adapt and evolve over time with the underlying technology. SB813 offers a third path, setting a high bar with standards while also providing an incentive to demonstrate value to the public.
- Andrew Freedman
Person
It creates a regulatory marketplace designed to foster a race to the top, iteratively developing the best standards that can keep pace with rapidly advancing technology and properly recognizing AI developers who can transparently prove that they are meeting heightened safety standards.
- Andrew Freedman
Person
The approach reflected in the proposals before you, although novel, is rooted in private regulatory systems that have historically been created for emerging technologies. These thought leaders find a lot that they are excited about in this approach. First, it can remain flexible and iterative. Second, it can be adaptable to all AI developers, regardless of size.
- Andrew Freedman
Person
Third, it is compatible with more directive or mandatory approaches from government. And finally, it will incentivize and reward developers to be transparent, rigorous, and thoughtful in their pursuit of safety.
- Andrew Freedman
Person
In short, SB813 is about incentivizing companies to do the hard work upfront to invest in safety, transparency and independent scrutiny while preserving innovation and reinforcing the court's vital role. If you could move to your conclusion. Thank you for your time. We respectfully ask for your aye vote and we look forward to continuing to strengthen our bill. Perfect.
- Roger Niello
Legislator
Thank you very much. And did you have another primary witness? No. No. Then we'll ask for witnesses here in support of the bill that might want to lend their support with their organization seeing no one come forward. Opposition. Are there any primary witnesses in opposition to the bill?
- Robert Boykin
Person
Hi. Good afternoon, chair and members. Thank you. My name is Robert Boykin with TechNet, here sitting in respectful opposition to AB 813. We recognize and value the Legislature's intent to advance AI accountability while supporting innovation. However, as Governor Newsom's AI working group has acknowledged, building an effective AI governance framework is a complex and evolving challenge.
- Robert Boykin
Person
Global development, rapidly advancing technologies, and uncertainty about risk can make it difficult for any one state to act in isolation. California has opportunity to lead, but it must do so in coordination with national and international standards.
- Robert Boykin
Person
Additionally, we have apprehension about whether creating entirely new multi-stakeholder regulatory organizations overseen by the Attorney General's Office is the right approach. Our concern is that the MRO structure may underrepresent critical industry expertise, risking standards that are not practical, scalable, or grounded in real-world deployment.
- Robert Boykin
Person
Finally, we have concerns about whether the Attorney General's Office is best positioned to evaluate the highly technical and fast evolving frontier of AI systems, particularly regarding risk evaluation standards outlined in the bill.
- Robert Boykin
Person
TechNet and our member companies stand ready to work with the Legislature and the member's office to craft a thoughtful, effective framework that ensures AI safety without stifling innovation. However, given these reasons, along with issues of scope, terminology, and process, we must respectfully oppose SB 813. Thank you.
- Roger Niello
Legislator
Thank you. Is there another prime--there is another primary witness.
- Leora Gershenzon
Person
Mr. Chair and members, I'm Leora Gershenzon with CITED, the California Initiative for Technology and Democracy--Democracy and Technology--a project of California Common Cause. We appreciate the amendments, the very recent amendments that were taken. We think this moves the bill in the right direction, but we still remain in opposition and we have significant concerns with the bill.
- Leora Gershenzon
Person
We believe the measure continues to put the cart before the horse when it comes to reasonable AI security and accountability for harms it may cause to Californians. Before any exceptions are created for AI liability, we think we need to set the duty of care, and the Legislature should be doing that. And that hasn't been done yet.
- Leora Gershenzon
Person
AI can do great things, but it can also have catastrophic impacts on civilization and we do need to get on top of that, but we need to get on top of that in a sensible way that actually looks at the harms and tries to figure out how best to reduce them.
- Leora Gershenzon
Person
Even with the presumption moving from immunity, which is what the bill did--even with the presumption, it will make it harder for plaintiffs to prove their case. And if it makes it harder for plaintiffs to prove their case, there is a business interest for companies to actually do less to make sure that their products are safe.
- Leora Gershenzon
Person
The analysis very, very clearly points out that when companies are not incentivized to protect against liability, they don't continue to race to the top, they may well plummet to the bottom, and we are very scared that Californians will be at risk from that plummeting to the bottom.
- Leora Gershenzon
Person
We also think that no reasonable expert today would tell you that AI systems are foolproof. They are still hallucinating. So imagine a car with AI, with a hallucinating AI system plows into a school bus full of children. Do we want to lower the bar for liability for that school bus full of children?
- Leora Gershenzon
Person
Again, the amendments move in the right direction, but they will still make it harder to defend against some of the, frankly, the richest companies in the world and their devices. And perhaps just as important, we are watching the privatization tsunami--
- Leora Gershenzon
Person
I will move to my conclusion. We also are very concerned about the privatization. We think government must have a stronger role in this. We appreciate the amendments which move in that direction, but certainly leave these private entities with too much control over their own industry and we--
- Kimberly Stone
Person
Kim Stone, Stone Advocacy, in respectful opposition on behalf of the Children's Advocacy Institute of the University of San Diego Law School. Thank you.
- Saveena Takhar
Person
Saveena Takhar with the Consumer Attorneys of California. We thank the chair, committee, and the author for the amendments and are currently reviewing them.
- Becca Cramer Mowder
Person
Becca Cramer Mowder with Kaiser Advocacy, on behalf of Electronic Frontier Foundation, in respectful opposition.
- Brandon Epp
Person
Good afternoon. Brandon Epp with Chamber of Progress, in opposition. Thank you.
- Ashley Hoffman
Person
Good afternoon. Ashley Hoffman at the Cal Chamber. Oppose unless amended. Thank you.
- Samantha Gordon
Person
Good afternoon. Samantha Gordon with TechEquity, oppose unless amended, and look forward to reading the amendments. Thank you.
- Roger Niello
Legislator
And seeing no other opposition witnesses, we'll bring it back to the committee, and I will turn it back over to the chair.
- Thomas Umberg
Legislator
Thank you, Senator Niello, although I still see we have Senator McNerney here, so I'm not sure what you guys were doing while I was gone, but in any event, so--all right. Back to committee. Yes. Senator Weber Pierson.
- Akilah Weber Pierson
Legislator
Thank you, Chair. I want to thank the Senator for bringing this bill forward and allowing for us to have this very important conversation. I have many questions, but I'll just focus on two. The first one kind of highlights what some of the opposition was saying about the decision to put it under the AG and whether the AG has the technical expertise to actually be over this aspect. So just wondering why the AG was chosen as the entity.
- Jerry McNerney
Legislator
Thanks for the question, and the answer is not real simple. But first of all, this committee is going to be putting more AI emphasis on the Attorney General's Office, so it is a natural place, but the amendment...let's see. The Attorney General's role is to ensure that the MROs have the appropriate independent experts in place.
- Jerry McNerney
Legislator
That's their role, is to oversee the MROs, not to be the MROs. Their oversight focuses on governance and accountability, not on making technical decisions, and will be supported by funding, likely by a fee from the MROs. So the Attorney General is going to have to build up a committee to do this, it'll likely be funded by fees, and we've looked at other organizations. We haven't found a better place to put it. I think you might say it's the least bad place to put it.
- Akilah Weber Pierson
Legislator
So the thought process--and help me with this--is that the AI model, platform, whatever, would go through the MROs for a certification that basically states that they were evaluated for potential harm. Is that the thought process?
- Jerry McNerney
Legislator
Right. The MRO will develop standards, as I mentioned, standards on healthcare products, standards on using AI in legal cases, standards on education. So the MROs are going to be developing those standards. They'll be consisting of experts from industry.
- Jerry McNerney
Legislator
It was certainly intentional to have industry experts, academics, nonprofits, to make sure that a spectrum of individuals with high expertise are included in these standards, creating committees. I've been on standards committees. It's painful, it's hard work, but you collaborate with people you don't agree with and you come up with solutions that make sense and provide safety. And then once the standards are in place, then the MROs, maybe a different MRO, will be responsible to certify that the product meets those standards.
- Akilah Weber Pierson
Legislator
Okay, and so for an AI model, how often--because I couldn't figure--I didn't see it in this bill--how often do they need to go through this regulatory evaluation?
- Jerry McNerney
Legislator
Well, first of all, this is, these are voluntary standards, so it's up to the deployer and the developer; on the one hand, like OpenAI and the deployer, on the other hand, it's up to them to get certification, and that certification will open up the marketplace to them is the plan. They can get certified as deemed appropriate by the developer or the deployer. Now, it may turn out in the future that some government decides to require certification, and then that will have to be a part of that decision.
- Akilah Weber Pierson
Legislator
So, but I guess my question is, for the certification, how long is the certification valid? Is it valid for a year? Is it valid for five years? Is it valid--
- Jerry McNerney
Legislator
Again, this is fast moving, but let me give you an example. You're an AI developer like OpenAI or Anthropic. You develop a product, GPT Chat 5 or 10, and you put it out there, and that product is set. That product is already set. And if that gets certified, then that'll be certified.
- Jerry McNerney
Legislator
Some of these developers have what they call open-source software, which allows the deployers to take their product and modify it in some ways through data training, and then they'll have to be certified. So it would be like getting software updated on your computer.
- Jerry McNerney
Legislator
This revision of the AI deployment that oversees healthcare screening is good, certified as of a certain date. Now, as the technology evolves, that could be improved and updated, but it'll have to be dated and then it'll be again, it'll be up to how the technology is evolving, as to how long the certification will be valid.
- Akilah Weber Pierson
Legislator
Yeah, so I guess that is the part that I'm having a really challenge about with this particular bill, specifically around the issue of rebuttable presumption because, you know, as I had spoken earlier about, AI is fast-moving but also we are learning things as just humans on a daily basis.
- Akilah Weber Pierson
Legislator
And so when you look at something like the healthcare space and with some of the AI that had already been rolled out, initially, certain things were thought to be fine, non-biased, didn't cause any harm, and so they deployed it. And it wasn't until much later when they went back and looked at their own patient data that they realize, 'oh, this is potentially biased.' And it's basically stating this group based on their insurance or based on their color or based on this.
- Akilah Weber Pierson
Legislator
And so my concern is, if we're giving, you know, legally this rebuttable presumption that if you have this certificate, then, you know, then you're good to go, you're not going to cause any harm, but there's no also requirement for that to be continuously evaluated, then I think that we may be in the future causing harm that we did not know of initially. And those individuals, when they are harmed because of this rebuttable presumption, would have a difficult time seeking any compensation for that.
- Akilah Weber Pierson
Legislator
So I didn't see it in the bill and I was like, well, let me just ask because maybe there is something about the need to go back and to continue to have certification every five years, ten years or something. But that is, that is a concern that I have, especially within the healthcare space.
- Unidentified Speaker
Person
Yes. Foreseen within the standard setting would be that there would be some mitigation standard and ongoing monitoring of the systems as they're deployed in the real world and making sure that we understand that there is an incident reporting system on the back end and that you have a mitigation strategy too, that that should it come up, and then I think we can continue to work on. Okay, but then what does decertification look like if they're not holding up to the standards that they said that they would have in that process?
- Akilah Weber Pierson
Legislator
Thank you for that. Look forward to those continuing conversations and to see what the final bill will be once it hits the floor. I am going to just lay off today because I am concerned about potential harm in the future, but really appreciate the conversation and appreciate the decision to continue having these conversations. Thank you.
- Thomas Umberg
Legislator
Thank you. Other questions? So let me respond. That's a very important question you raised, Senator Weber Pierson, about the impact of this rebuttable presumption, and since the bill started off with immunity and as now says it's a rebuttable presumption just to explain to see if it's consistent with the author's view, is that you basically start off, if there is harm that is caused, then the plaintiff comes forward, and if the plaintiff has admissible evidence, basically that the model fell below the standard of care, that overcomes the presumption and basically you're off to the races, so to speak.
- Thomas Umberg
Legislator
But I actually have a question, Senator McNerney, with your permission to ask of your, one of your witnesses whose name I didn't catch because I was coming in the room with respect to establishing legislatively or statutorily establishing a standard of care. Might I ask how would we do--what's your suggestion as to how we can statutorily establish a standard of care?
- Thomas Umberg
Legislator
And the reason I ask that question is because in many areas there's a standard of medical malpractice, legal malpractice, and virtually other--all other areas of tort negligence, the standard of care is determined basically by the standard of care in the industry and you call an expert and expert testifies as to what the standard of care is. What are you thinking here?
- Thomas Umberg
Legislator
I'm sorry. I apologize. Yes. So how would we go about doing that? That seems to be a very challenging task and it's a target to Senator Weber Pierson's point is also that the standard of care changes in this area probably very frequently.
- Leora Gershenzon
Person
Yes. I mean, there are levels of standard of care. There's a negligence, there's products liability, there's strict liability. So there are different levels of standard of care, and as a Legislature, I think you need to consider what do we think of AI? Do we think it is the lowest level or the highest level or something in between? So you can set the level, but you're right what that level of care is going to be unless you set it at the highest in strict liability.
- Thomas Umberg
Legislator
That's not how I understand standard of care. I mean, I think you're talking about basically theories of liability, strict liability versus negligence, so--
- Leora Gershenzon
Person
But a standard of care revolves around--there's some things that are just so dangerous that you don't look at the standard of care. You just say an accident happens with that, you're liable for it, right? That's just what--that's--
- Leora Gershenzon
Person
No, no, I don't think that. But I do think it's evolving. I think you do look at what the industry does and what is the standard, the standard of the industry? Can the industry do this? Or if we provide them with a presumption that they don't need to do that much, do we push them down to do even less than they need to do? But the standard of care, do we have--is negligence the lowest standard of care? Are we looking at something higher? What is the duty?
- Leora Gershenzon
Person
What is the state of the art? And the state of the art changes, so we're not saying you have to set something in stone, and that's one thing--we don't need to set in stone exactly how they do it but you can put in their language, which is not in the bill right now, which says if they are meeting industry standards or state-of-the-art industry standards, then they do get a bump because they're doing all they can. It wouldn't be immunity, but if they were really doing all they could, they would get a bump.
- Thomas Umberg
Legislator
Got it. I think common law takes care of that, but in any event, so--all right. Back to you, Senator McNerney. Thank you for indulging that conversation. So, other questions or comments? If not, is there a motion?
- Thomas Umberg
Legislator
You do. Right after he makes his motion. So, all right. Senator Laird's move the bill. Senator McNerney, would you--and I know how passionate you are about this bill. You've come to my abode to even talk to me about it, so--
- Jerry McNerney
Legislator
Thank you. Thank you, Senator, and I thank Senator Weber Pierson for your comments and insights and members that we're supporting and members that we're opposing. This is an ambitious bill and there's a need for an ambitious bill because we need to move to control AI. It's not going to control itself.
- Jerry McNerney
Legislator
And so the longer we wait, the more difficult it's going to be. And there's really a limited window for us to do this. I think this is an incredible opportunity for California to really show leadership in producing AI that's safe and beneficial for Californians and for people across this country. So with that, I will respectfully ask for an aye vote.
- Thomas Umberg
Legislator
Thank you. Committee Assistant Reporter, please call the roll.
- Committee Secretary
Person
This is File Item Number 19, SB 813. The motion is to pass as amended to Senate Appropriations. [Roll Call]. Two to zero.
- Thomas Umberg
Legislator
Two to zero. We'll put that on call. All right. And if going in file order, I see next would be Senator Menjivar. Unless you've talked to Senator Pérez, who's getting up right now, my guess is that indicates that you have, so, Senator Pérez, thank you for your patience. I know you've been here quite a while.
- Thomas Umberg
Legislator
So, Senator Perez, one bill, as I understand it, SB610, is that right?
- Sasha Perez
Legislator
Yes. Yes, that's right. Great. Thank you. Well, good afternoon, chair and Members. We are here to present SB610 and hope to present this with Senator Allen. I think he might be running over from another committee, so if, hopefully he'll get here. If not, that's totally fine.
- Sasha Perez
Legislator
We are here to present SB610, a bill that is part of the Senate's wildfire legislative package, the golden state commitment. SB610 provides greater protections for tenants and mobile home owners following disasters by clarifying the obligations of landlords and park owners.
- Sasha Perez
Legislator
Additionally, this bill ensures collaboration between the state and both banks and mortgage lenders to provide mortgage forbearance programs to impacted homeowners. The January 2025 wildfires devastated large parts of Los Angeles County with the Eaton Fire devastating my community by burning more than 14,000 acres, destroying more than 9,000 structures and claiming 18 lives.
- Sasha Perez
Legislator
Amidst this disaster, I witnessed some of the best that humanity offers with brave first responders and volunteers risking their lives to save others.
- Sasha Perez
Legislator
Unfortunately, I have also witnessed some of the worst with renters, mobile homeowners and homeowners in the impacted disaster area vulnerable to manipulation and exploitation due to gaps in the law and a lack of clear and consistent housing protections post disaster.
- Sasha Perez
Legislator
Among the issues was confusion about whether there is a Prop is a property owner's responsibility for cleaning up ash and smoke. This issue was well documented in the press after the wildfires, with tenants primarily in Altadena and neighboring Pasadena, reporting being told by landlords that they must either pay for the cleanup themselves or move out.
- Sasha Perez
Legislator
Further exacerbating the smoke cleanup issue was the mixed interpretation of existing law, with Lowell Housing officials initially indicating that tenants were responsible for cleanup, only to later clarify that landlords in fact were responsible for this cleanup because ensuring habitability for the tenant is the responsibility of the property owner.
- Sasha Perez
Legislator
In addition, the fires placed additional pressures on the region's already constrained rental housing market, increasing instability for tenants, even those not directly impacted by the fires. The LA City Council and the LA County Board of Supervisors have adopted multiple tenant protection ordinances to address these inevitable pressures, and the Governor has also issued numerous Executive orders.
- Sasha Perez
Legislator
But it would have been better for those protections to have already been in place from the start to create policy clarity as the wildfire season has become a year round threatening, with each event more devastating than the last, it is critical that the state respond quickly to ensure that renters do not have to continue to be overly reliant on emergency regulations and the mercy of property owners to work with them through these times to better prepare for future disasters.
- Sasha Perez
Legislator
It is critical that the state update and expand housing related protections to ensure impacted communities remain safe, safe and stable. This includes establishing clear guidelines on the rights and obligations of landlords and renters, along with protections against eviction or foreclosure to support residents recovering from a disaster.
- Sasha Perez
Legislator
While my community would have benefited from already having had these protections in place, I want to ensure tenants impacted by future disasters have the necessary protections and assurances for from the state that they will be looked after.
- Sasha Perez
Legislator
SB610 provides a range of protections for renters and mobile home park residents in the aftermath of disasters, including the following Clarifying Landlords and mobile home park owners are responsible for repairing damage to the unit or park space after a disaster, including smoke and ash damage Clarifying that tenants and mobile homeowners are not obligated to pay rent during a mandatory evacuation order.
- Sasha Perez
Legislator
Establishing a presumption that the presence of debris from a disaster renders a unit uninhabitable. Ensuring that an owner of a mobile home destroyed by a natural disaster has a right to occupy a vacant space in a different mobile home park owned by the same park owner. Requiring the Commissioner of the Department of Financial Protection and Innovation, or DFPI, to coordinate with mortgage lenders and servicers upon an emergency declaration for a wildfire to facilitate mortgage forbearance for people financially impacted by the fire.
- Sasha Perez
Legislator
I would like to pass it along to my colleagues. Let me see if any of them are here. I don't see them so we will go ahead and turn it over to my witnesses with us here.
- Sasha Perez
Legislator
Here we have Anya Lawler representing Public Council as well as Ryan Bell of the Pasadena Tenants Union and the Southern California Regional Coordinator for Tenants Together at the appropriate time I ask for your aye vote.
- Anya Lawler
Person
Good afternoon Mr. Chair and Members. Anya Lawler here today on behalf of Public Council. Public Council is a non-profit public interest law firm dedicated to advancing civil rights and racial and economic justice. They provide free direct legal services to low income clients, disproportionately communities of color throughout Los Angeles County.
- Anya Lawler
Person
Public Council's attorneys staff disaster recovery centers after the Eaton and Palisades fire hearing directly from tenants and homeowners needing assistance navigating the many legal challenges in the aftermath of the disaster, they also quickly began hearing from tenants throughout the county who were experiencing rent gouging or facing harassment as their landlord saw to take advantage of the tragedy by forcing out existing renters to rent to higher income people displaced by the fires.
- Anya Lawler
Person
The impacts of these major disaster events is felt throughout entire communities, not just by those directly impacted. The issues that arose after these fires were nothing new.
- Anya Lawler
Person
They mirrored issues that legal service attorneys have reported in the aftermath of other devastating wildfires such as the Tubbs Fire in Santa Rosa in 2017 and the Camp Fire in Butte County in 2018.
- Anya Lawler
Person
The aftermath of disaster disasters is chaotic and locals are often left scrambling to adopt emergency ordinances to protect tenants and ensure that these events do not exacerbate housing instability. Further, Executive orders often address some issues but not others, and there's rarely certainty about how long they will remain in effect. This patchwork approach is not ideal and leaves gaps.
- Anya Lawler
Person
SB610 responds to on the ground experience dealing with the aftermath of disasters by creating additional protections for tenants and mobile home park residents that take effect upon an emergency declaration, much like the anti rent gouging protections of Penal Code 396, and it also clarifies a number of provisions of the law that have created uncertainty for displaced renters and mobile home park residents.
- Anya Lawler
Person
Among the protections the bill tolls timelines in the eviction process during a declared disaster. Renters and particularly low income renters already face significant obstacles getting timely legal assistance if they receive an eviction notice after disaster.
- Anya Lawler
Person
When legal aid resources are often overwhelmed by those directly impacted, it can be nearly impossible to get legal assistance coupled with the sadly inevitable.
- Anya Lawler
Person
I will move to my conclusion. These are important protections and we respectfully ask for your aye vote.
- Ryan Bell
Person
Good afternoon, chair and Members of the Committee, and thank you to the author for having me today. My name is Ryan Bell. I live in Pasadena and I'm here today as a Member of the Pasadena Tenants Union in support of SB610.
- Ryan Bell
Person
The Pasadena tenants Union is an all volunteer association of tenants protecting our housing from rising rents, evictions and other threats. On January 7, thousands of households were forced to flee the Eaton fire. Many people lost everything. But there's another group that has been largely forgotten.
- Ryan Bell
Person
Tenants whose homes survived but have been untenable due to toxic contamination from smoke and ash. My wife and I relocated for several days to escape the toxic smoke. But hundreds of tenants who have contacted the Altadena Tenants Union and the Pasadena Tenants Union have been displaced for months while still paying rent. Some are still displaced.
- Ryan Bell
Person
Others have been forced to find housing outside Altadena and Pasadena, disrupting the community in which they've lived for years. Landlords have claimed that it's not their responsibility to remediate the toxic debris from the fire while continuing to collect rent on those units. Many tenants have been coerced into surrendering their tenancy.
- Ryan Bell
Person
While the city and county code enforcement have said they're not going to cite landlords for tenantability over fire, ash and smoke contamination, these tenants are in the worst kind of limbo, without any control over their health, safety or housing.
- Ryan Bell
Person
This bill will clarify that debris from disasters is presumed toxic and will make it abundantly clear that landlords must maintain habitable conditions. It will also provide remedies for tenants whose landlords refuse to return their homes to a tenantable condition. Property owners, thankfully, can decide for themselves the risk that they're willing to live with.
- Ryan Bell
Person
But tenants live at the mercy of their landlords, very many of which have decided to let tenants live in a toxic debris field. We ask for your aye vote on SB610. Thank you.
- Roger Niello
Legislator
Thank you. Now we'll move to other witnesses in support of the bill. Name, organization and position.
- Ann Kolachitas
Person
Good afternoon. Ann Kolachitas, mobile homeowner, on behalf of GSMHOA, Golden State Mobile Homeowners Association, in strong support.
- John Kyle
Person
John Kyle, mobile homeowner, on behalf of the Sonoma County Mobile Home Owners Association. We strongly support this measure.
- Christopher Sanchez
Person
Christopher Sanchez, on behalf of Inclusive Action for the city in strong support.
- Samuel Jain
Person
Samuel Jain, on behalf of Disability Rights. California in strong support.
- Brian Augusta
Person
Brian Augusta, on behalf of the California Rural Legal Assistance Foundation and Housing and Economic Rights Advocates in support.
- Roger Niello
Legislator
And any other witnesses in support seeing none come forward, we'll move to the opposition. Witnesses opposed?
- Embert Madison
Person
Good afternoon. Embert Madison. On behalf of the California Apartment Association, we have an opposed unless amended position. First, let me state that we agree on several goals of SB610, such as property owners should be required to clean up properties after a disaster. Rental property containing toxic debris should be presumed untenable until cleared by public health officials.
- Embert Madison
Person
And obviously rent should not be owed during a mandatory evacuation period. But we do have concerns with some of the remaining provisions of the bill. SB610 does not account for situations where property owners lack sufficient insurance or access to financing to cover the cost of extensive repairs or rebuilding.
- Embert Madison
Person
In high cost areas such as Los Angeles, many property owners will be unable to comply with the mandatory reconstruction or interior repair obligations. The bill should allow flexibility in these cases. Secondly, the bill misapplies the repair and deduct rights tenants currently have under existing law and applies it to the disaster context.
- Embert Madison
Person
The existing repair and deduct remedy is designed for ongoing substandard conditions related to landlord neglect, not damage caused by natural disasters, which often requires remediation by professionals and may include permitting. It is unclear, as the bill is currently written, whether a tenant is required to obtain permits and hire professional remediation.
- Embert Madison
Person
The bill also has unrealistic rental rate restrictions post reconstruction. Requiring property owners to offer the same rental rate after reconstruction is economically unfeasible. This provision would disincentivize rebuilding altogether, which, as we would all agree, is the antithesis of the bill's intent.
- Embert Madison
Person
We have highlighted a few more issues in our letter that we have submitted to the Committee that I will not delve into at this time, but I'm sure you have been briefed. Thank you for your consideration.
- Chris Chapman
Person
Good afternoon. Glad I'm still awake as well as you guys. My name is Chris Chapman, I'm a litigator. I'm asked to speak on behalf of WMA, the trade organization that on behalf of mobile home parks. I litigate constitutional issues for mobile home parks, which is kind of a niche.
- Chris Chapman
Person
And I wanted to speak to about three issues that I've identified that are constitutional issues with the bill. In my opinion, my humble opinion, it's too broad and it's overreaching and it infringes on the property rights of mobile home park owners. And I'll give you three examples.
- Chris Chapman
Person
There's a cap on their rent increase for a year after a natural disaster. That's Unconstitutional. Every property owner has a right to what's called a fair return to go above and beyond what's considered an annual rent increase here at caps at 3 to 5%. I'm handling the Anaheim Mobile Estates case. We had that issue.
- Chris Chapman
Person
The judge ruled in favor of the park owner and that's currently on appeal with the California Attorney General's Office. Another issue in the Bill that's a constitutional issue is the requirement that the ownership place the displace tenants in other housing that that property owner may have.
- Chris Chapman
Person
I'll just remind you that that's really a function of the government, not the private sector. It'd be inappropriate to ask a property owner to place these residents in another park to forcibly do that. That would violate the Yee vs. Escondido case from the California Supreme Court from 1992.
- Chris Chapman
Person
Another issue with the bill, which everybody should find an issue with. It's requiring or allowing the residents to basically unilaterally reduce their rent. If the park owner has not repaired the park, the resident can just choose on its own to say, you didn't repair this swing set over here after the disaster.
- Chris Chapman
Person
So I'm reducing my rent to a dollar. So they went from $1,000 to a dollar just because they want to and it just gives them a free will to do that. That's a huge problem. I mean, some common sense has to come into play on that. So we'd ask you to look at that.
- Chris Chapman
Person
And I'll also remind you that the residents have a right in the. I will. The residents have a right to what's called a failure to maintain action if the. If the park owner is not taking care of the park. So we'd ask for you to oppose it.
- Chris Chapman
Person
Work with WMA to iron out these issues because there are some real constitutional issues with the bill. So thank you.
- Roger Niello
Legislator
Others, other witnesses in opposition to the bill. Name, organization and position.
- Skyler Wonnacott
Person
Skyler Wanaka with The California Business Property Association, opposed unless amended.
- Jason Ikerd
Person
Jason Ikerd on behalf of the California Mobile Home Park Owners Alliance, also in opposition.
- Roger Niello
Legislator
Any other witnesses in opposition? Seeing no one come forward. We'll bring it back to the Committee for any questions or comments. Committee, any questions or comments? Senator Weber Pearson.
- Akilah Weber Pierson
Legislator
They're playing musical chairs. Sorry. I know Senator Allen arrived and he was going to speak on it. So I want to thank both Senator Perez and Senator Allen for bringing this bill forward so we could have this conversation. I will be supporting it today.
- Akilah Weber Pierson
Legislator
I am very concerned about some of the issues raised by the opposition, specifically around some of the constitutionality of it. We want to pass something that will actually help out our residents here in California, especially if they happen to deal with something as catastrophic as a wildfire, a flood, an earthquake.
- Akilah Weber Pierson
Legislator
And we don't want to pass something that would just be held up in the courts and litigation because of things that we could have potentially fixed before we, before we sent it to the Governor.
- Akilah Weber Pierson
Legislator
So just would strongly ask and encourage to continue to work with the opposition so that we can get some of those things cleared up and hashed out and that we're able to do something that will not end up in court. Thank you.
- Benjamin Allen
Legislator
Senator Allen. Yeah, I just want to thank the author for your leadership on this. We're of course, unfortunate partners in this grave tragedy. And you know, this bill is going to, along with a couple of others. That we're both working on, are going. To provide some much needed relief.
- Benjamin Allen
Legislator
I know there's a few things to work out, but very proud to join off this with you and we'll move when appropriate. Senator Stern.
- Henry Stern
Legislator
Yeah. Thank you again. Appreciate the author's work. We had Seminole Springs in the Woolsey fire that was decimated. A lot of my childhood friends grew up there. Working class people, if you can imagine, in hills behind Malibu. Not a lot of pockets like that, but that was one of them.
- Henry Stern
Legislator
And they got run over and left behind and a lot of people have just never come back. I guess as you go forward, I think the issue is just how to put equity and sort of the vulnerable people like that at the heart of this bill and to manage around some of the higher end rental issues.
- Henry Stern
Legislator
I think that especially, you know, we know there's some of the mobile home issues, but some of the higher end rentals and how to sort of navigate that when markets shift afterwards. I know people even wanting to pay more for that place afterwards, but couldn't because of some of the caps we put in place temporarily.
- Henry Stern
Legislator
So anyhow, tricky stuff. I know you're committed to navigate it and the new Senator from Malibu can help sort through the rest of it. But I'm game to help you guys through this effort and would move the bill at the appropriate time.
- Roger Niello
Legislator
Any other questions or comments? Senator Perez, do you have any comments relative to the concerns of the opposition, particularly constitutional concerns?
- Sasha Perez
Legislator
So a couple of things. One, this is my first time hearing their concerns because they haven't reached out directly to my office to set a meeting. So I would love to sit down and discuss those things further.
- Sasha Perez
Legislator
You know, I will admit on the area of the mobile home park units this is a very new policy area for me and part of the reason why we're diving into this. And Senator Allen is also joint author.
- Sasha Perez
Legislator
I had an opportunity to meet with some mobile home park residents recently at a press conference with Senator Allen out in the Palisades. These are individuals who have still not been able to access the remains of their belongings.
- Sasha Perez
Legislator
I say remains because for many of them, because it's where the fires hit, it is just an ash pile. And they have not been able to access that because of the way that laws are currently written, our state laws are currently written.
- Sasha Perez
Legislator
And so they can't go back to see if any of their things are left over. It has all just been fenced off. And basically because the owner of the park has refused to respond to those that currently live there, they've been left in limbo. We're now in May, so that was about five months ago.
- Sasha Perez
Legislator
And, you know, these folks are trying to figure out where to live, where they can go, but they still haven't had an opportunity to regain access to their belongings. So that's the reason why this became a very significant portion of the spill.
- Sasha Perez
Legislator
I'm absolutely happy to work with the opposition around some of the concerns that they raised, but what we're looking for here is to provide some relief to these folks. There are several of them that came up to us and just said, we just don't know what to do. My kids just want access to their stuff.
- Sasha Perez
Legislator
Again, that's what we're trying to resolve here. I know Senator Allen's very familiar with this issue, but we're, like I said, happy to have a further discussion. This is the first that I'm hearing from the opposition, so we just need to sit down and work on this.
- Roger Niello
Legislator
Thank you. Seeing no other questions or comments, you may close or that could be your close.
- Sasha Perez
Legislator
Yes. I respectfully ask you all for your aye vote. So thank you.
- Thomas Umberg
Legislator
We'll put that on call. Thank you very much. Let's see. We have Senator Menjivar here. Thank you for being patient. Senator Menjevar
- Caroline Menjivar
Legislator
If you're here till 11, I'll be here till 11 in solidarity.
- Thomas Umberg
Legislator
Okay. Well, there's others who'd like to go before you if you'd like change your mind.
- Caroline Menjivar
Legislator
I will. I don't know about my staff, and I think I need them here. I'll start off by thanking the Committee and you, Mr. Chair. I will be taking the Committee amendments.
- Caroline Menjivar
Legislator
Colleagues, I'm going to be speaking only on the things that are under the purview of this Committee, so I'll be only focusing my talking points on those provisions. This Bill makes modest but meaningful changes to both the LPS and CARE Act. And while my bill.
- Caroline Menjivar
Legislator
I mentioned that, you know, one of the biggest complaints we hear about Care CARE Act is that families who are not allowed to stay involved throughout the process want to be involved. And while they often have the most knowledge and deep history with the respondent's illnesses, they're precluded from offering that type of history.
- Caroline Menjivar
Legislator
With the Committee amendments, we will be able to assign ongoing rights if the court agrees to family Members or roommates of the respondent, with the respondent's consent, of course.
- Caroline Menjivar
Legislator
Once approved by the courts and the respondent, the family member will be able to participate in development care agreements, care plans and the voluntary graduation plan, receive copies of various reports and other documents and respond to the county's report, and introduce information and recommendations at the one year status hearing on the other provisions.
- Caroline Menjivar
Legislator
While not under the Committee's jurisdiction, I will just state there's been some miscommunication on some meetings on both ends, so we have rescheduled the meeting to continue conversations on a piece that was discussed in. In the previous Committee. With that, I'd like to now turn over to my witness witnesses.
- Aaron Meyer
Person
Good afternoon, Chair Umberg, Members of the Committee. My name is Aaron Meyer. I'm a practicing psychiatrist and assistant clinical Professor of psychiatry at UC San Diego. I'm here today on behalf of the California State Association of Psychiatrists. Proud Sponsor of Senate Bill 331.
- Aaron Meyer
Person
Most importantly, this bill expands the roles of families, allowing them to remain as treatment advocates throughout the process. Sadly, I have seen tragic outcomes with several CARE petition dismissals already. One young man suffered from untreated schizophrenia and was accepted into CARE court with a CARE agreement. He was soon terminated for failure to participate.
- Aaron Meyer
Person
His mother, who filed a petition, only learned of the dismissal when he returned to cycling through emergency rooms in jail. I was horrified to learn that despite her attempt to use the CARE Act, her son was never given additional treatment and was recently sentenced to prison.
- Aaron Meyer
Person
Many families like this one, who are desperately trying to help their loved ones have been disappointed to find no new avenues for treatment inside the Care Act system. Senate Bill 331 can change the outcome by letting families continue to advocate for their loved ones. Thank you.
- Dylan Elliott
Person
Thank you. Good evening, Mr. Chair Members. Dylan Elliott, on behalf of the California State Association of psychiatrists. I think Dr. Meyer and Senator Menjivar have very well summed up the issue here.
- Dylan Elliott
Person
Just want to say that this bill makes some important changes and overdue changes, frankly, that create not only a better participation for supporters in care, but also provide some necessary statutory clarity to ensure providers can provide consistent care without those antiquated regulatory and statutory gaps. This is an important measure. We are proud to support it, sponsor it, and we urge your aye vote. Thank you.
- Thomas Umberg
Legislator
Anyone else in support of SB331, please queue up. Name, affiliation, position.
- Thomas Umberg
Legislator
Thank you. Others in support. Seeing no one else approaches the microphone, let's turn now to opposition. If you're opposed SB331, please approach your microphone.
- Lynn Rivas
Person
Hi, my name is Dr. Lynn Rivas. I'm the Executive Director for the California Association of Mental Health Peer Run Organizations, CAMPRO. I'm also a person diagnosed with a serious mental illness.
- Lynn Rivas
Person
This bill, led by the psychiatric profession, serves as a tool to broaden eligibility for involuntary commitment without proving that this expansion genuinely benefits individuals more than it traumatizes them. The psychiatric profession has a concerning history regarding its treatment of vulnerable populations within institutions.
- Lynn Rivas
Person
Instead of aiming to confine more individuals to these facilities, efforts should be directed towards addressing safety issues within them. Articles in the San Francisco Chronicle illustrate that what is occurring in psychiatric institutions is not only inadequate care, but also potentially dangerous. Thank you.
- Samuel Jain
Person
Thank you. Chair Members. Samuel Jain with Disability Rights California. We thank the author and the Committee staff for all their engagement on this bill. We are here in an opposed and less amended position. The Provision in this bill that we're most concerned about defines mental health disorder for purposes of involuntary commitment.
- Samuel Jain
Person
This is important because there must be a nexus between one's mental health disorder and harmful behavior to be eligible for involuntary commitment. SB331 defines mental health disorder as any condition in the Diagnostic Statistical Manual of mental disorders, or DSM. The current version of the DSM lists 265 different conditions, many of which are wholly inappropriate for involuntary commitment.
- Samuel Jain
Person
These include stuttering, sexual dysfunction, sleeping disorders, and caffeine use disorder. Under this bill, most of us would be eligible for involuntary commitment, particularly on days like today. It's also impossible to ignore the history of discrimination in the dsm, which is largely shaped by prevailing social attitudes.
- Samuel Jain
Person
The first two editions listed homosexuality as a mental condition, and the current edition lists gender dysphoria. The DSM is not a metric that we want to rely on as a basis for taking away someone's civil rights, as the mental health disorder is not currently defined in statute or regulation.
- Samuel Jain
Person
It was previously defined as any condition in the DSM, but that's a regulation that was repealed for being too broad. So at this time, we feel the provision defining mental health disorder should be removed from the bill.
- Samuel Jain
Person
We don't have enough information about how counties are currently defining this term, and we think that information is needed before moving forward with the definition. For these reasons, we ask for your opposition today unless this bill is submitted. Thank you.
- Marona Goneifer
Person
Hi, Marona Goneifer, on behalf of Cal Voices and Mental Health America of California. Opposal unless amended.
- Michelle Cabrera
Person
Hello, Chair and Members, Michelle Cabrera with the County Behavioral Health Directors Association of California. We do not have an oppose.
- Michelle Cabrera
Person
We're sort of in an in between where we would also like to inform any potential redefinition or definition of mental health disorders, as well as alcohol use disorder for the purposes of deciding who could be conserved under LPS. Thank you.
- Thomas Umberg
Legislator
Thank you. Others in opposition, seeing no one else approached the migrant. Let's bring it back. Committee for questions by Committee Members. Seeing no questions by Committee Members, but Senator Laird getting ready to move the bill. Okay. Senator Ashby?
- Angelique Ashby
Legislator
Yeah. I just have a question and I think I heard it from one of the witnesses, but I wanted to hear it from you, Senator Mentjevar. And that is, I just wanted to ask if included in the conservatorship would be Alzheimer's and dementia, because I struggle with that piece.
- Caroline Menjivar
Legislator
So everything right now, nowhere in statute is mental health disorder. Defined nowhere. And we're looking to define it here. You heard from CBHDA that just today they proposed amendments or definitions. So we didn't have a chance to look at it.
- Caroline Menjivar
Legislator
And we spoke about this in Health Committee that we're in conversation with the opponents, with the opposition on clarifying the definition. As the states right now, any county can look at the current definition or lack of definition and look at every single DSM. But Senator Ashby, it goes beyond that.
- Caroline Menjivar
Legislator
Take an officer or someone else who's allowed to put someone in a 5150 hold. An officer goes up to that person and they don't ask him, what's your diagnosis? What do you have? They look at the symptoms of the individual. So nowhere in this bill are we looking to change that approach.
- Caroline Menjivar
Legislator
You get conserved or you put on hold because of the symptoms that you are portraying in front of individual, regardless of your diagnosis.
- Caroline Menjivar
Legislator
So at the end of the day, if a diagnosis is impeding your ability to care for yourself because you're gravely disabled, then that is what puts you on an LPS or a 5150 or deemed as gravely disabled.
- Angelique Ashby
Legislator
Sure. Okay. So I plan to support you today. I just wanted to put it out there. Sounds like you're still working through some of the definitions, which is what I thought I heard him say, which is great. I'll be kind of listening for that when trying to make sure that that gets addressed separately.
- Thomas Umberg
Legislator
Thank you very much. All right. Committee Assistant Porter, please call the roll.
- Thomas Umberg
Legislator
We'll put that on call. All right, next, Senator Stern. Senator Stern, you ready to roll? Okay, so Senator Stern, Is it item 45, SB771? Yes, sir. All right. Floor is yours.
- Henry Stern
Legislator
Yes. Thank you, Mr. Chair, Members, violence threats and intimidation targeting historically vulnerable communities are rising at record shattering rates, particularly online. LA's County's most recent hate crime report reflected double digit, actually even triple digit increases in hate crimes, resulting in the largest numbers ever recorded against the LGBTQ plus, Jewish, Asian, Black, Latino, and other immigrant communities.
- Henry Stern
Legislator
It's a national trend that's accelerating. A recent Harvard study found a causal relationship between widespread violence against historically targeted groups and the practices of social media platforms.
- Henry Stern
Legislator
And even if even with this escalating danger though, some of these platforms have recently announced dramatic retreats in both screening and moderation practices that were previously protecting these targeted populations. This retreat could not have come at a more dangerous time.
- Henry Stern
Legislator
California law currently prohibits every person and any person or even a corporation from engaging or aiding, abetting or conspiring to engage in a hate crime or in harassment intimidation aimed at frightening people out of exercising their legal rights.
- Henry Stern
Legislator
SB771 clarifies how these California laws potentially apply to algorithmic distribution of criminal content and enacts financial consequences that are hopefully sufficient to ensure the platforms take action to safeguard users from online abuse.
- Henry Stern
Legislator
If I were to deliver, say, an intimidating letter regarding someone's identity written by someone else, I could be charged with aiding or abetting a hate crime. It's unclear, however, under current law whether a social media platform would be held to the same accountability.
- Henry Stern
Legislator
So this Bill ensures that when that same message will be spread through an algorithm, that these platforms can be held to the same standards under our aiding and abetting laws for hate crimes. I want to turn now to our very patient witnesses in support.
- Henry Stern
Legislator
Appreciate them sticking around Vlad Kayken, who's Executive Vice President of Social Impact and Partnerships for the Simon Wiesenthal center, as well as Nadia Kin Ayub, who's the Executive Director of Rainbow Spaces of San Diego. Thank you very much. Floor is yours.
- Vlad Hayken
Person
Thank you very much. Good afternoon Chair and Members of the Committee. My name is Vlad Hayken and I serve as the Executive Vice President for Social Impact and Partnerships North America at the Sirmon Wiesenthal center, one of the world's foremost Jewish human rights organizations. For nearly three decades, the Wiesenthal center has tracked online hate and extremism.
- Vlad Hayken
Person
Each year we release our Digital Terrorism and Hate Report Card, evaluating how major social media and tech companies confront or fail to confront extremism, hate, and disinformation. In our latest report card, Most companies receive Ds and Fs. They are flunking their basic obligation to protect the public from extremist content that could be intimidating or harassing.
- Vlad Hayken
Person
These failures are not technical glitches. They are purposeful and systemic. Platforms are slow to act, lack transparency, and often reinstate extremist accounts even after removal. This crisis has only worsened as platforms have loosened what is permitted and gutted moderation teams, even while reaping record profits.
- Vlad Hayken
Person
Chair and Members, here's why this what happens online does not stay online from the Tree of Life synagogue massacre in Pittsburgh to the Buffalo supermarket shooting, to the documented and skyrocketing rates of hate crimes. We have seen the deadly link between online radicalization and real world violence. And that deadly link is social media.
- Vlad Hayken
Person
Their algorithms amplify hate because hate drives clicks and clicks drive profits. Voluntary self regulation has failed. As our report card shows, the profit motive guarantees that platforms will not act with urgency or consistency. Without legislation like this, there is no real recourse for the American public. Chair and Members, the status quo is simply unacceptable.
- Vlad Hayken
Person
The platforms know exactly what they are doing. Shame doesn't work. Current laws do not work. If we are serious about altering their behavior, then we have to prevent the profits that can be earned for knowingly serving as hate's helper.
- Vlad Hayken
Person
As the nation's tech capital, California has both the responsibility and opportunity to set a new ethical standard for online accountability. Members of the Assembly, your constituents are vulnerable and urgently need your leadership to protect Americans and defend democracy. Simon Wiesenthal, center, urges you to pass this Bill. Thank you very much.
- Nadia Kinayoub
Person
Good evening, chairs and Members. My name is Nadia Kinayoub. I am a mother, a City of Chula Vista Commissioner, and the founder and Executive Director of San Diego based nonprofit Rainbow Spaces, which holds inclusive events for our LGBTQ youth. I am here to ask you to support SB771.
- Nadia Kinayoub
Person
For over a decade, I served as a 911 dispatcher, constantly hearing the cries of those who lost their loved ones to suicide. I listened to cries of parents at the moments when their hearts were ripped from their chests, when their light was stolen by darkness.
- Nadia Kinayoub
Person
After my son was intentionally outed by a fellow student, I fought hard to protect my child, but soon learned that my ability stopped at the border of the vast online world, and I became one of those haunting calls I used to take.
- Nadia Kinayoub
Person
My son survived his attempt, but I will carry that moment with me the duration of my existence. A nightmare I would not wish on any other soul.
- Nadia Kinayoub
Person
On social media, anonymity has evolved into words without consequences, bullying without accountability, and as a place to spout the kind of threats and hate that cause terror, violence, and in some cases, death. The billionaires who own and run these businesses know they could do more to stop all of this.
- Nadia Kinayoub
Person
But notwithstanding, record profits have publicly announced an intention not to enhance protection of our children, but reduce oversight and accountability. What will it take to prevent these powerful companies from being willing, indispensable partners to those who seek to harass, terrorize, or harm our youth?
- Nadia Kinayoub
Person
As someone who will forever live with the echoes of heartbroken parents who could not prevent darkness from taking their child. And as a mother who relives my own son's moment of tragedy every time I fail to immediately reach him, I urge you to ensure these companies protect our youth. Please vote for SB771. Thank you.
- Christopher Sanchez
Person
Mr. Chairman. Christopher Sanchez with the Consumer Federation of. California and proud to be a co-sponsor.
- Kathy Osten
Person
Mr. Chair Members, Kathy Van Osten, American Association of University Women of California in support.
- Kim Stone
Person
Kim Stone, Stone Advocacy on behalf of the Children's Advocacy Institute of the University of San Diego Law School, in support.
- Thomas Umberg
Legislator
Thank you. Others in support. SB771, please approach. If you are now opposed SB771, please approach the microphone. If you're opposed, please queue up.
- Robert Boykin
Person
All right. Good afternoon, Chair Members. My name is Robert Boykin with Technet here today in respectful opposition to SB771. We deeply appreciate the Legislature's commitments in combating hate, discrimination and harassment. However, SB 771 presents serious legal and practical challenges.
- Robert Boykin
Person
While this, while the Bill seeks to hold platforms accountable for egregious behavior, its structure risks sweeping in protected speech and imposing extraordinary penalties based on subjective judgments about user content, including content the platforms did not create.
- Robert Boykin
Person
SB771 dramatically expand liability for third party speech conflicting with Section 230 of the Communications Decency act and raising serious First Amendment concerns, courts have consistently held that platforms retain editorial discretion over how they curate and organize content.
- Robert Boykin
Person
Exposing companies to billions in civilized penalties could force the over removal of lawful expression, kill free speech, and distort the online environment in ways that are less beneficial for all users.
- Robert Boykin
Person
Additionally, while recent cases have opened up a narrow path for liability based on platform conduct, SB771 goes far beyond those rulings, creating untested and unlikely unconstitutional risk for platforms engaging in routine content moderation. For those reasons, we respectfully ask for no vote on SB771. Thank you. Other witnesses.
- Aiden Downey
Person
Good almost evening Chair Umberg and Members of the Committee. My name is Aidan Downey and I'm here on behalf of the Computer and Communications Industry Association in opposition to SB771. While SB771 doesn't explicitly require content removal, but the threat of sweeping liability potentially in the tens of billions, creates immense pressure to silence speech at the slightest allegation.
- Aiden Downey
Person
The result will be that platforms will err on the side of censorship, not caution. This Bill empowers bad actors to weaponize vague claims of harm to suppress voices they disagree with. It invites overreach, chilling unlawful speech and potentially erasing the very conversation these platforms were built to Foster. More fundamentally, SB771 raises serious constitutional concerns.
- Aiden Downey
Person
Social media platforms have First Amendment rights to moderate content. Rights that this Bill would undermine by threatening liability for what they don't remove. It almost, it also likely conflicts with Section 230 of the Communications Decency act, which protects platforms from being held liable for third party content for their good faith moderation decisions.
- Aiden Downey
Person
Federal law preempts this kind of state level regulation. SB771 won't enhance safety. It will just pressure platforms into over censorship and reduce functionality. For these reasons, on behalf of CCIA and our Members, I respectfully urge a no vote on this Bill. Thank you.
- Laura Bennett
Person
Laura Bennett, on behalf of the California Chamber of Commerce, respectful opposition.
- Thomas Umberg
Legislator
Thank you. Others in opposition. Seeing no one else approaches microphone, let's bring it back to Committee. Questions by Committee Members. Seeing no questions, is there a motion? Also moved. Senator Ashby has moved the Bill. Senator Stern, would you like to close?
- Henry Stern
Legislator
Yes, thank you very much. I think appreciate the concerns raised by the opposition. We think that both the Moody case and existing civil rights statutes Ralph, Tom Bain Act and other Civil Rights Acts deal with some of the free speech concerns raised, but we certainly think this Bill should move forward today.
- Henry Stern
Legislator
It's a tough time on the Internet, but as our witnesses said, what happens online does not stay online. And when that online activity contributes to the Commission of a hate crime, that social media platform ought to be held to the same standards that any person or corporation is. So with that, I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you. All right, bill's been moved by Senator Ashby. Committee Assistant Porter, please call the roll.
- Committee Secretary
Person
This is File item number 45, SB771. The motion is do pass the Senate Appropriations. Umberg, Aye. Umberg, aye. Niello. Allen. Arreguin. Ashby. Aye. Ashby, aye. Caballero. Durazo. Laird. Aye. Laird, aye. Stern. Aye. Stern, aye. Valladares. Wahab. Weber Pierson. Aye. Weber Pierson, aye. Wiener. Five to zero.
- Thomas Umberg
Legislator
We will put that on call. Five, zero, you say? Five, zero. All right, now, whoever else on the Committee would like to run to the podium may go next. Senator Ashby, I don't think anyone. There's no other author here, so. Okay.
- Thomas Umberg
Legislator
So, Senator Ashby, you have. You have two bills. Item 37, SB 414. That one you're doing first, or. What order would you like to go in?
- Angelique Ashby
Legislator
I've no idea if my witnesses are here or not, so let's just start with 414 and hope that the magic of this building summons them to this room.
- Thomas Umberg
Legislator
Apparently, there's a lot of witnesses here. Maybe just call them one at random.
- Angelique Ashby
Legislator
Sure. Just a couple. These two seem good. I'll take them. Okay, great. Great. Gonna need a little chipping in from the crowd on this one potentially, but I think we'll be okay. All right. Mr. Chair, on your long day here in our favorite Committee, I am presenting 414. This is a Charter School Accountability Act.
- Angelique Ashby
Legislator
The Bill makes several changes to fiscal oversight and financial reporting for charter schools and charter school authorizers, including important transparency and accountability components. I am accepting the proposed Committee amendment to strike the liability language that addresses school site liability and an immunity that would cover disclosures of information required in earlier transparency components of the Bill.
- Angelique Ashby
Legislator
I thank the Committee and the chair and the staff for their assistance. This is easily the hardest working staff in the building. Unbelievable what they deal with. And chair, how many calls even just I made to you this weekend, I know you probably didn't get any time off, so I thank you deeply for that.
- Angelique Ashby
Legislator
Charter schools provide alternative educational flexibility for families with a myriad of circumstances, including medical conditions, special needs, justice involved families, students for whom a traditional setting has become unsafe or untenable. Charter schools serve as a resource for communities and families. They deliver vital educational programs to students and their families.
- Angelique Ashby
Legislator
Oftentimes, in fact, most times our most vulnerable young people. Several audits and reports have identified a number of opportunities for improvement. First, various charter schools and charter school authorizers. SB 414 seeks to respond to those audits and their important calls for accountability. Most of the audit findings point back to a greater need for oversight and transparency.
- Angelique Ashby
Legislator
So this Bill addresses these issues specifically by holding charter schools responsible for internal accounting and educational outcomes for all students.
- Angelique Ashby
Legislator
The Bill incorporates recommendations from several reports, including the Ledge Analyst Office and Fiscal Crisis Management assistance report from 2024 on non classroom based charter schools, as well as the California Charter Authorizing Professionals 2024 report on public schools and the California State Controllers 2024 audit on best practices for charter schools.
- Angelique Ashby
Legislator
It's vital to implement strong accountability measures and to establish proper oversight to ensure that students receive quality education in safe learning environments regardless of the type of school that they attend. SB 414 puts students first, particularly students who often have specific needs best addressed by an individualized specialized educational program.
- Angelique Ashby
Legislator
The Bill codifies important recommendations made through in depth audits and reports across a variety of entities. I would like to note that this Bill is no doubt going to be modified, as I talked to you about extensively over the weekend, as it moves through this process.
- Angelique Ashby
Legislator
The analysis from this Committee as well as other bills moving through the Legislature in this or a similar space will most certainly be a part of the ongoing dialogue as we work collectively as a Legislature to protect the educational integrity of learning for all of California's students.
- Angelique Ashby
Legislator
If they made it to the room, I have some witnesses with me, but I'm going to have to rely on you to see if they're here.
- Thomas Umberg
Legislator
Right. If you're in support of SB 414, please come forward. Thank you.
- Eric Premack
Person
Yes, Mr. Chair. Members Eric Premack with the Charter Schools Development Center, also in Association with the California Charter Schools Association and A Plus Learning Network. We're back here to ask this Committee to approve placing charter schools under the Tort Claims act because like traditional public schools run by school districts, charter schools are public schools.
- Eric Premack
Person
They serve all of the students who apply. They're funded under largely the same funding formulas from the same taxpayer funds. They may not charge tuition and fees.
- Eric Premack
Person
They operate under the same academic content standards as do traditional public schools and arguably have a higher level of academic and operational accountability given that they can have their charter revoked for non-performance. I was here, I think about 12 years ago when this issue came up. Back then it got referred to the Law Revision Commission.
- Eric Premack
Person
They recommended at the time excluding charter schools from this tort claims law. And they cited three major reasons. Number one, charter schools did not operate under the same health and safety laws.
- Eric Premack
Person
Subsequently, charter schools have been placed under almost all of the same public safety, health and safety laws that govern traditional public schools, including the school site safety, planning mandates, criminal background checks and many other laws.
- Eric Premack
Person
We're no longer exempt from the so-called good government laws that the Law Revision Commission cited at the time and were now subject to the Open Meetings act, the Political Reform Act, Government Code, Section 1090's conflict of interest provisions and the Public Records Act.
- Eric Premack
Person
And the law was also amended subsequently to prohibit charter schools from operating on a for-profit basis. So they're all now operating under a non-profit basis. So in some charter schools these days essentially are in all of the key characteristics that one normally associates with the Governmental Claims act, operating just like traditional school districts.
- Eric Premack
Person
And we think it's very important that because charter schools have the same concerns over depletion as organizations and staff. And our teachers have concerns about their personal liability. We think it's. Excuse me. Very important to add this form of protection for charter schools. Thank you.
- John Lemo
Person
Good afternoon. I'm John Lemo. I'm here on behalf of Real Journey Academies. I'm a public agency attorney. I've been representing cities, counties, special districts, school districts and charter schools for the past 30 years.
- John Lemo
Person
And I don't want to repeat what Mr. Premack just said, but I wanted to just speak for a moment about the Government Claims act provision in SB 414. As I think you know, and as we just stated, charters sort of charter schools already bear most of the indicia or markers of public agencies.
- John Lemo
Person
They follow the same conflict of interest rules as local agencies do, as cities do, as school districts do. They file form 700s. Public Records Act applies to them.
- John Lemo
Person
They sort of have all the indicia of public agencies and they perform what's traditionally a governmental function, which is providing public education, which traditionally, of course, has been a school district function in this state until a few decades ago. So for most substantive things in California, charter school operators are public agencies.
- John Lemo
Person
The provision that I want to speak to calls them out as public agencies for purposes of the Government Claims Act. I know there's been folks that have been saying that charter schools should not be immune from liability like public agencies are. Well, the Government Claims act really isn't a blanket immunity for anybody.
- John Lemo
Person
People can bring claims against cities and counties and school districts for all sorts of things, workplace related things, property related things, contract damages, that sort of thing. What the Claims act provides for charter schools would simply be the process that all our sister public agencies enjoy, which is a shortened timeline for claims.
- John Lemo
Person
Claims are presented early, claims are presented and decided quickly. And lawsuits, if they're going to be brought against the agency, will be brought more quickly and resolved quickly because charter schools have the same public fisc issue that all local agencies do, which is we have these annual budgets and the funds mostly come from the state.
- John Lemo
Person
So claims need to be resolved quickly. And I'm here, I'm available for any questions that you might have about the Claims act in this context.
- Thomas Umberg
Legislator
Thank you very much. All right, others in support of SB 414 please come forward.
- Brian White
Person
Yes. Good afternoon, Mr. Chair and Members. Brian White, on behalf of the Association of Personalized Learning Schools and Services, also in support.
- Robert Naylor
Person
Mr. Chairman, Bob Naylor on behalf of Fieldstead and Company. That's Howard Amundsen Jr. In support.
- Thomas Umberg
Legislator
Thank you. Others in support. Seeing no one else approaching, let's now turn to the opposition. If you're opposed to SB 414, please come forward to the microphone. Please cue up if you're in opposition.
- Cassandra Mancini
Person
Good evening, Mr. Chair and Senators Cassie Mancini here on behalf of the California School Employees Association in respectful opposition. In 2019, the Legislature enacted a moratorium on the establishment of any new non classroom based charter schools in the aftermath of a $400 million scandal where nonprofit charter management organization A3 Education defrauded the public.
- Cassandra Mancini
Person
The A3 case clearly demonstrated how California's existing system of non classroom based charter oversight carried out by public authorizers, annual financial audits and the State Board of Education through its NCB funding determination process is woefully inadequate. That's why the Legislature Commission reports by the LAO and FCMA on how to improve these processes and charter school oversight.
- Cassandra Mancini
Person
With the moratorium expiring this year, the Legislature needs to pass comprehensive reform now. Unfortunately, SB 414 falls short of the comprehensive reforms we need and also proposes some problematic changes like the one we're discussing now related to the Government Claims Act. This Bill would extend government immunities and liability protection reserved for public entities to private nonprofit charter schools.
- Cassandra Mancini
Person
That's akin to extending government immunities to a private contractor provided by a local city to provide a service. Government privileges should only be extended to democratically accountable public governing boards, not charter schools which are private and exempt from broad swaths of the Education Code and I'll note other health and safety laws, including the Field Act.
- Cassandra Mancini
Person
It's shocking that a Bill proposing reforms in response to malfeasance and fraud would include a proposal to increase barriers for aggrieved victims. And this seems to come out of nowhere.
- Cassandra Mancini
Person
It's found and not in any of the reports on NCB charters issued by the LAO, FCMAT, the Multi Agency Charter Fraud Task Force, or the Charter Authorizing Support Professionals. Finally, I'll note that tomorrow the Supreme Court will hear oral arguments in Oklahoma Charter School Board v. Drummond.
- Cassandra Mancini
Person
If the court sides with the petitioners in that case, ruling that the free exercise clause bars states from refusing to authorize religious charter schools, that decision will have broad repercussions here. For these reasons and many more, I respectfully asked for a no vote.
- Tristan Brown
Person
Thank you, Mr. Chair and Members. Tristan Brown with the CFT. You know, a lot of our comments in the Senate Education Committee resonate here as well. In 2018, a study was released by in the public interest on $149 million of waste, fraud and abuse throughout the charter industry.
- Tristan Brown
Person
Not but one year later was the A3 scandal that took $400 million from doing ludicrous things like fake enrolling students off of sports teams and the like. This is why we're having these discussions.
- Tristan Brown
Person
We believe another vehicle in this Legislature has started from a better point of incorporating far more of the points of FCMAT, LAO and the state comptroller's office to have real reform and accountability on this industry.
- Tristan Brown
Person
It is unfortunately just the fact that while many people try to do well, we do have many cases where folks fall short of that. To provide immunity for private corporate entities that are operating charter schools to us seems a step one too far from protecting the public and their public funds.
- Tristan Brown
Person
Charters are always open to operate dependently on school districts so that they can be operated by school boards and enjoy that immunity and operate within the structure that provides accountability and transparency, but also the flexibility that the charters, the entire promise of charters can provide.
- Tristan Brown
Person
We'd much rather have a world where everybody is operating independently within their school districts to, to utilize the best of both worlds, but here we are. So we mirror a lot of or echo most of the comments of the CSEA here and respectfully must oppose this particular point.
- Tristan Brown
Person
We do have agreements with the author to really try to crack this nut and try to come together to make something offerable to the Legislature that actually gets a lot of the reform that have been proposed by the master bean counters that we have through FCMAT and LAO and the controller's office and try to land that plane.
- Tristan Brown
Person
So we do, with great respect and admiration of the author, hope that we can get there. But we do think this part of the Bill is just one that we can't side with. So we respectfully do ask for that no vote. Thank you.
- Sara Flocks
Person
Me too. Yes, Mr. Chair. Member Sarah Flocks, California Federation of Labor Unions. We are in the same position as CSEA and CFT. Thank you.
- Nancy Peverini
Person
Good evening. Nancy Peverini on behalf of the Consumer Attorneys. We do currently have a concerned position, but we share the issues raised before. Thank you.
- Thomas Umberg
Legislator
Thank you. Others in opposition. SB 414. Seeing no one else approaching. Let's bring it back to the Committee. Questions by Committee members? Senator Laird.
- John Laird
Legislator
Thank you. And I missed the debate on this in the Education Committee and wish I'd been there. I am, have to confess, maybe it's because it's the eighth hour of the hearing. I'm a little confused and it, it sounded like you're taking amendments to remove the immunity.
- John Laird
Legislator
And people were still opposing the Bill because of the immunity section. Could you clear that up? So I understand what's in and what's not in and what's still an issue.
- Angelique Ashby
Legislator
I'm not sure I can answer the piece about what's still an issue, but I think I can clear up the part about what we took out. This Judiciary Committee had two suggested areas for us to look at. One of them was a section.
- Angelique Ashby
Legislator
And if you give me just a second, I can pull up the exact section for it for you that allows an immunity for the instances where the charter school is responsive to an inquiry, and they could potentially be providing information that would be sensitive, such as a teacher's name or something to that extent, if that makes sense.
- Angelique Ashby
Legislator
And that section, which this Committee has asked us to remove, we agreed to strike. That is the immunity provision that we discussed. Let me give you this exact section, Senator.
- John Laird
Legislator
Well, I don't need to know the precise section. I'm still looking at the more global thing about. Yeah, so that took some immunity out, and some is still there, I understand that.
- Angelique Ashby
Legislator
So the first section is around liability language. The second section that remains in is what you heard the lawyers talk about here, too, which is the tort claim. And that's the definition as laid out in Section 26 of the Bill. It gives charter schools the same standing as other entities, such as school districts.
- Angelique Ashby
Legislator
If you want to hear a really great explanation of this in Education Committee, Christopher Cabaldon. Senator Cabaldon, of course, has worked in this space, a very thorough background on why that's super meaningful and important and how other entities like HOA boards and JPAs and whatnot have the same type of tort claim available to them.
- Angelique Ashby
Legislator
And it may be that my witnesses that are legal professionals in that space might better be able to answer your question. But I believe that's the rub. I will say this. Tristan Brown and the group are longtime friends of mine. We've worked together on a lot of tough issues.
- Angelique Ashby
Legislator
For me, there are two vehicles moving forward, and right now they're pretty far apart. The other one started in Assembly Ed. But there are pieces in both that are really important, and there's just no doubt in my mind that at some point these two bills will merge and we'll work our way through each of these topics.
- Angelique Ashby
Legislator
This one is important to stay, though, as you heard from the lawyers.
- John Laird
Legislator
The thing is. And maybe what you just said about Senator Cabaldon is a piece of it. But the way it was presented to me is that charter schools leadership is not democratically elected, but the school boards are in a way that granting liability in those differed things has meaning.
- John Laird
Legislator
And I don't know if it was explained somewhere else that you have JPAs that's probably of agencies that were democratically elected, but others that might not have been. And that is an important thing. So I'm not sure what to do, but I do believe you should continue working.
- John Laird
Legislator
And you continue work on those. And you should hear what some of the opposition was in a way of trying to get.
- Angelique Ashby
Legislator
Absolutely. I made a commitment to the opposition and I will absolutely keep it. This is one of those bills that is really difficult and it's multifaceted and layered and we're just trying to take it piece by piece. And yeah, it's Laird.
- Angelique Ashby
Legislator
My ask of this Committee is just, you know, as I have told the Chair, I think it'll look really different when it comes back from the Assembly.
- Angelique Ashby
Legislator
So my ask of you today would be to give us the chance to continue to move forward and work on the Bill and bring a continued chance to work with the opposition who you heard from today that they fully expect that of me too. And as I said In Senate Education, Mr. Brown knows where I live, so I'm not getting away from this.
- John Laird
Legislator
But I think just to close on that is I reserve the right not to vote for it if it comes back from the Assembly and it doesn't address some of these issues in a way that people feel it's meaningful.
- Thomas Umberg
Legislator
All right. Thank you, Senator Laird, for your co authorship. Did I hear that correctly?
- Thomas Umberg
Legislator
All right. Not that Laird. All right. Thank you. And thank you, Senator Ergin, for joining us. Senator Ergin has been relaxing down in public safety all day. So I appreciate the Chair. Yeah. On housing. So thank you. A couple comments. One, we view our job through the prism of our own personal experience.
- Thomas Umberg
Legislator
My personal experience in Orange County, in my district is we have some excellent charter schools. Samueli Academy School of the Arts are nationally known and they're unbelievable. We have some schools that aren't so unbelievable or are unbelievable, not in a positive sense. And that is a concern.
- Thomas Umberg
Legislator
And one of the concerns that I have, you and I have discussed this and I appreciate your energy and passion on the issue is the fact that a jury could find an entity, could find fraud, malice and abuse and that entity wouldn't be eligible under this Bill for punitive damages.
- Thomas Umberg
Legislator
And so where you have an organization that actually a jury finds them liable, finds them engaging in fraud, oppression or malice, that gives me pause.
- Thomas Umberg
Legislator
And I will associate myself with Senator Laird's comments that I'm going to support the Bill, but when it comes back, I'm going to be looking to see what the status is of that particular provision. All right.
- Angelique Ashby
Legislator
Absolutely. I don't expect it to look the same when it comes back to us, as I shared with you, but I need the opportunity to have those conversations. And I have spoken with the other author. He's also equally open to sitting down and kind of working through all of it.
- Thomas Umberg
Legislator
Well, thank you. Excellent. All right, no further questions. And no further questions. Is there a motion? Okay. Senator Weber Pierson has moved the Bill. Would you like to close?
- Committee Secretary
Person
This is File item number 37, SB 414. The motion is do pass as amended to Senate Appropriations. [Roll Call] 7 to 0.
- Thomas Umberg
Legislator
7-0 We'll put that on call. Senator Ashby, seeing no other Members here who are not Members of the Committee. Go ahead. If you'd like. On file number 38. SB 720.
- Angelique Ashby
Legislator
Thank you. Senator Umberg, we need to sit up straight. My chief is in the house. The first female Police Chief for the City of Sacramento, Kathy Lester, is here to testify on this bill. So I have to do my best work right now. You guys bear with me here to present SB720, the Safer Streets Act.
- Angelique Ashby
Legislator
I do accept the proposed amendments from this Committee. I'll run through them if you want me to. Or. Got it. Thank the Committee and chair and staff for all of your help on these amendments and made the bill a little better.
- Angelique Ashby
Legislator
Appreciate that SB720 allows cities to opt in, meaning they don't have to, but they can opt into. A new red light camera system for high collision zones, providing a vital tool to reduce traffic fatalities.
- Angelique Ashby
Legislator
In 2021 alone, over 4,000 Californians lost their lives to traffic collisions, with more than a quarter of these deaths resulting from drivers running red lights. The outdated and expensive structure of our current red light camera program have proven to be ineffective, overly punitive and overly targeted at factors far beyond traffic safety.
- Angelique Ashby
Legislator
The disdain for our current red light program is somewhat unifying of the Legislature, which is what I've learned working on this bill currently. Unlike other states, California holds drivers responsible for violations requiring photos of the person's face. If the driver cannot be identified, the violation notice is sent to the vehicle's registered owner.
- Angelique Ashby
Legislator
This controversial facial recognition has been central to administering our current archaic system. If identified violators are subject to a criminal penalty which includes a fine upwards of $500 points on their driver's license and the ever popular online traffic court.
- Angelique Ashby
Legislator
And as we know, the insurance rates are also really fun to deal with after you get a red light violation. These high fees and penalties associated with the current outdated red light traffic enforcement system create a significant financial burden for families, especially low income families.
- Angelique Ashby
Legislator
SB720 provides an updated framework to bring California cities on par with successful programs that have already been implemented across the rest of the nation. Here's what SB720 does, shifts the program from driver liability to owner liability, removing any need for facial ID. Done with that piece. Think about when you drive across a toll bridge.
- Angelique Ashby
Legislator
Camera takes a photo of your license plate, it doesn't care who the driver is. Changes the violation from a criminal penalty to a civil penalty, thereby easing insurance burdens because there's no longer point on your driver's license and you would just have to sign up for traffic school for fun because it would no longer be required.
- Angelique Ashby
Legislator
Limits the fine for a violation to $100 including administrative fees. A massive reduction from the current $500 assessment and no longer in need for that traffic school directs funding back and this is important towards safe multimodal transportation programs in the community.
- Angelique Ashby
Legislator
Those of us who have been on those local boards know how hard those dollars are to come by. This would help. Local government may choose to opt into the Safer streets program, but here's what they'd have to do.
- Angelique Ashby
Legislator
They'd have to develop some guidelines and they would have to show that those guidelines can screen the issuing of violations. Developing guidelines for selecting the location to install these systems based on collision analysis, which must be at the root and heart of this because the ultimate goal here is to reduce accidents.
- Angelique Ashby
Legislator
They must submit an annual report on data from automated traffic enforcement systems. SB720 ensures that cities have tools needed to create safer streets, making this a critical step towards reducing traffic collision in California, ensuring our streets are safe and reducing unnecessary and cumbersome criminal and financial burdens for California families.
- Angelique Ashby
Legislator
The bill in implementation should help improve safety, decriminalize traffic violations, reduce fines, fees and insurance burdens and most importantly, save the lives of Californians who are driving throughout the Golden State. There are some witnesses here, Mr. Chair, but I'll rely on you to call them forward.
- Kathy Lester
Person
Good evening. I know you've had a long day. It's good to be here. So, good afternoon. Good evening. I'm Kathy Lester. I'm your Chief of Police here in Sacramento, President. I proudly served the Sacramento Police Department for over 30 years, including as a traffic officer. And I've worked in a variety of units.
- Kathy Lester
Person
So it's given me a really good understanding of the community that we serve and the needs of our community. As chief, one of my highest priorities is ensuring that our continued commitment is to public safety. Across the nation, fatal crashes caused by red light violations have reached a 10 year high.
- Kathy Lester
Person
Here in Sacramento alone, more than 300 people have lost their lives in collisions since 2017. Last year alone, 34 lives were lost in deadly traffic collisions. Each one is a tragic reminder of the deadly toll this crisis is taking on our community. Every single one of those deaths happen here in the City of Sacramento.
- Kathy Lester
Person
And there are significant impacts across the region and within our state. So this is a call to action for all of us. And I greatly appreciate the Senator's efforts to bring this forward. We must work together to make our streets safer for everyone. There are tools available to cities and counties that can reduce road fatalities.
- Kathy Lester
Person
But many of these tools, as you heard, are underutilized. One of the most effective tools is red light camera enforcement.
- Kathy Lester
Person
The Insurance Institute for Highway Safety found that red light cameras reduced the fatal red light running crash rate in large cities by 21% and lowered the rates of all types of fatal crashes at signalized and intersections by 14%. Sacramento first authorized red light cameras back in 1999, and it was initially managed by the city.
- Kathy Lester
Person
The program, however, was later handed over to the County of Sacramento because it incurred annual losses of about $50,000. And then, unfortunately, in March of 2024, the County of Sacramento shut the program down after the Sheriff's office had to cover the budget deficit with their own funds.
- Kathy Lester
Person
Because that program was so expensive to run, local governments are losing money on these programs, not because they don't work, but because the current system doesn't allow cities and counties to effectively hold violators accountable. What we need is an updated red light camera system, one that considers financial viability.
- Kathy Lester
Person
Chief, with some trepidation, I'm going to ask you to wrap it up, all right? SB720 provides that framework. It's a new opt in program. As you heard and it allows us to use non facial images to hold drivers accountable.
- Kathy Lester
Person
We talked about the civil penalty, but most importantly, I think it reinvests funds directly back into our communities that badly need it for traffic calming measures like bicycle lane speed tables, race crosswalks and curb extensions. There's never been a more crucial time to look at new technology and how we're implementing it. Thank you for your time.
- Mark Vukovich
Person
Thank you, Chief. All right, next witness please. Good afternoon, Chair and Members. Mark Vukovich, Director of State Policy for Streets for All. We have a public health crisis on our streets right now. And in cities across California, traffic violence continues to take lives. And red light running is a major and preventable cause of that.
- Mark Vukovich
Person
These are not just statistics. These are real people and real lives in our communities. In 2023 alone, over 167 Californians were killed and nearly 1,000 were severely injured due to red light sick signal running according to UC Berkeley's TIMS system. These numbers are heartbreaking and unacceptable.
- Mark Vukovich
Person
And we cannot accept the status quo where children and families and pedestrians are put at risk due to this. Let me make this really, really clear.
- Mark Vukovich
Person
In August 2022 at Slauson and Lambrea in Los Angeles, six family members were killed, including a baby and an unborn child when a driver ran a red light on Thanksgiving Day of 2024. Two young sisters age 3 and 4 died the same way in Rialto.
- Mark Vukovich
Person
And just this January, a six year old girl in Palmdale was hit and later died. All because someone couldn't stop at a red light. These are preventable deaths. They are not accidents. They are decisions and they demand action. That's why this bill is so urgently needed.
- Mark Vukovich
Person
It brings California's red light camera program unchanged since 1995 up to date with 2021 21st century standards. It follows the national best practices for these programs as laid out by the National Safety Council and the Governor's Highway Safety Association. The program replaces $500 punitive fines.
- Thomas Umberg
Legislator
You urge an aye vote? I do. All right. Thank you. Others in support of SB720.
- Andrew Antwih
Person
Mr. Chairman and Members. Andrew Antwee on behalf of the City of Beverly Hills in support. Thank you.
- Silvia Solecia
Person
Good afternoon. Silvia Solecia, City of West Hollywood in support. Thank you.
- Moira C. Topp
Person
Thank you, Chair and Members. Moira Topp on behalf of the City of San Diego in support.
- Kurt Kimmelshue
Person
Good evening, Mr. Chair. Kurt Kimmelshue on behalf of Vera Mobility in support. Thank you.
- Rosemary Shahan
Person
Mr. Chair. Members Rosemary Shahan, Consumers for Auto Reliability and Safety, and we urge an aye vote.
- Thomas Umberg
Legislator
Thank you very much. Others in support, please approach. Seeing no one else approaches. If you're opposed to SB720, please queue up,1,2,3. Seeing no one approaching the microphone, let's bring it back to Committee. Questions by Committee Members. Yes, Senator Laird.
- John Laird
Legislator
Thank you, Mr. Chair. And I appreciate the bill for any of a number of reasons. My one question and when I raised this, somebody said, zero, you voted for this in a Friedman Bill. As if I couldn't have the right to have a different opinion right now.
- John Laird
Legislator
But if under this opt in program, if somebody runs a red light or a car runs a red light, it just photographs the license plate and the light, right?
- John Laird
Legislator
So if it is somebody that is like the registered owner isn't liable in whatever way their car was stolen, it's up to them to have to file some kind of thing to rectify this. What's the system written into?
- Angelique Ashby
Legislator
It is an administrative process that must exist and added in this Committee thanks to the chair. Is it another layer of due process that would be where you could actually go to court if you didn't like the administrative process outcome?
- Angelique Ashby
Legislator
But just like now in your cities, I'm sure as you did in Santa Cruz, like we do in Sacramento, there's an administrative hearing and you could come in and say car was stolen or we don't have.
- John Laird
Legislator
No, no. One of the more unpleasant things in my life was to be written a parking ticket and the person realizing it was wrong in the moment and said, you can go and read request a hearing and fix this. And it was like, why do I have to do that?
- John Laird
Legislator
You know, so that was just my question. Does this because this is represented as being cheaper and one of the ways it's cheapers, it probably shifts that financial administrative burden to the person that that happens to.
- John Laird
Legislator
So I am just wondering if there is equity in this in a way that it just doesn't force somebody into a process.
- John Laird
Legislator
If you had your car stolen and then it's like, well, to add insult to injury, now you got to go to this hearing and or and you have redress of having a court hearing, that just puts you in a lot of bureaucratic stuff to get through this.
- John Laird
Legislator
And I'm wondering if there's any way that it doesn't shift that burden. Yeah, I do know that that's been. Wrong to that one.
- Angelique Ashby
Legislator
Most of the cities now have have a in their initial letter that they would send to you, there would be an opportunity to respond with something that's that clear that you would be able to say the car was stolen and send back the information.
- Angelique Ashby
Legislator
And I think that would be at least in the City of Sacramento that would be enough for you to have to not have to show up at a hearing. But I can't guarantee that that's what every city would do. The bill actually first of all it's an opt in.
- Angelique Ashby
Legislator
So whatever cities want to do it would have to do it. But part of the requirement for opting in is that they have that they outline a process for how that administrative review would be.
- Angelique Ashby
Legislator
And I think that's a good note and an important piece and that I'm happy to take a look at further as we move from here. Did you? I'm not sure the witness wanted to.
- Mark Vukovich
Person
I don't have anything super substantial out. But I would say you don't have anything substantial. We have 20 more bills. What I would just say is it where it would. It would work similar. The way it would work is similar to if you had a parking ticket on a stolen car.
- Mark Vukovich
Person
And that's the way our process would work with this bill. We don't cut the administrative process on to the burden of the person who gets the ticket.
- Angelique Ashby
Legislator
For a very simple and easy thing like the car being stolen. That's really clear that you didn't have to. It would be easy to prove.
- John Laird
Legislator
And I just live for. Was it insane Longer than more people. Have been alive in this room. I live four doors from a signaled intersection where you're having dinner. You hear the screech and then the crash. And when they finally changed to do a longer yellow it lowered it dramatically.
- John Laird
Legislator
And ever since google announces every Monday morning that I'm going on the mission cut off in Fremont. Don't run the light. There's a red light camera. I get that there's whole hosts of things that match together to make this work.
- Angelique Ashby
Legislator
Absolutely will make sure that that's an easy fix. Thank you Senator.
- Suzette Martinez Valladares
Legislator
Thank you. Thank you. So I hate red light cameras. You are not alone. The entire Legislature does. That's what I've learned and I voted no on this. In transportation, you were the lone no. I know I was the lone no.
- Suzette Martinez Valladares
Legislator
However, after giving it some thought including reflecting on my own accident that I just had in November of this past year. Where the gentleman who slammed into my GMC truck ran a red light. I understand the need for safety.
- Suzette Martinez Valladares
Legislator
I understand that I don't necessarily know a red light camera would have changed my accident that happened, but I do understand that cities, counties, governments need the option to make certain intersections or areas with their community safer. I also can respect that this gives a cheaper option. It gives actual options.
- Suzette Martinez Valladares
Legislator
And so I will be supporting it. It's going to be a tough yes for me, but you're going to get a yes.
- Thomas Umberg
Legislator
All right, other questions or comments? Yes, see. Oh, okay. Senator Niello, Senator Wahab.
- Roger Niello
Legislator
Thank you, Mr. Chair. I have consistently voted against the automated traffic enforcement, but under the heading of mindless consistency is the hobgoblin of weak minds. I'm going to support this. I was on the Sacramento County Board of Supervisors when the county took over the red light program and I very much supported it at the time.
- Roger Niello
Legislator
It was very expensive, but I think it is an effective enforcement, especially when people know that they're there. And so I just, I look at the red light enforcement a little bit differently than the automated enforcement that's out on the streets.
- Roger Niello
Legislator
So, what might appear to be an inconsistency is just avoiding a mindless one and not being the hobgoblin of weak minds. I'll vote yes.
- Aisha Wahab
Legislator
So I do have concerns with this bill that I've raised with you in just our conversations. So I know that there was a bill I want to say last year that also said that if you speed we're going to tie two points to your record. Right. Doesn't do that 100%.
- Aisha Wahab
Legislator
And I'm often opposed to bills that are extremely punitive. And I often say that if that is a concern, if this is, you know, highly prevalent in somebody's community or district and obviously we all carry bills for a district and, and some of the things we're watching that it should be district specific.
- Aisha Wahab
Legislator
But, and I've shared with you that on this one I, I am concerned about just the process for somebody to prove they have not sped the fact that one, it's a picture of their license plate but not necessarily, for example, red light camera show you a little bit of a clip of a video that shows like okay, you did a rolling stop or you didn't fully stop or you just blew through it, didn't care whatever the case may be.
- Aisha Wahab
Legislator
So I do have concerns a little bit about that. I know that you're going to be working on this. I think that the concerns about going to court and being able to defend yourself, even though that the fees are capped at $100, it does impact people's insurance. It impacts, you know, it doesn't impact their insurance.
- Aisha Wahab
Legislator
No insurance, 100%. But just, you know, these types of bills tend to start to expand, obviously. Right. So I just want to say I do have concerns. I do think that you and I have had a chance to have a conversation. So I will respectfully be supporting it in this Committee.
- Aisha Wahab
Legislator
I know that it's going to be adjusted as it moves along and I'm hoping that it continues to kind of alleviate some of our concerns as well. But I do appreciate the work that you've done on this. So thank you.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Other questions. Seeing no other questions. Is there a motion? Senator Arreguin moves the bill. Senator Ashby, would you like to close?
- Thomas Umberg
Legislator
Thank you very much. Committee Assistant Madam Chief Counsel, please call the roll.
- Thomas Umberg
Legislator
9 0? We're going to put that on call. All right, thank you very much. Let me correct Senator Laird. Senator Laird, we do not have 20 bills left. We have 21, so.
- Thomas Umberg
Legislator
Sorry about that. Yeah, we actually are doing. Earlier today, I said we were on track to end at 8:30pm tomorrow night, but we're doing much better than that, so.
- Thomas Umberg
Legislator
We have not ordered breakfast. So just a word to the wise. All right. Senator Allen. Oh I'm sorry. You know, one second, one second. Senator, can I talk to you and Senator Arreguin for a second? Sure. Okay.
- Thomas Umberg
Legislator
Senator Arreguin has is still cheering public safety. And I misspoke before when I said he was down there relaxing. Apparently not. Apparently they're not finished. So. Senator Arreguin, the floor is yours. So that would be which one you doing? SB81. SB81.
- Jesse Arreguin
Legislator
Okay, if my witnesses can we have our folks that are approach the microphone after Allen. Yeah, yeah. Okay, go ahead. Floor is yours. Okay. Well, thank you, Mr. Chair, for the opportunity to present SB81, which ensures that health care spaces remain safe spaces.
- Jesse Arreguin
Legislator
It requires that healthcare providers create non public areas in their facilities and bars immigration enforcement for entering those areas unless they have a valid judicial warrant or court order. I want to thank the Committee chair and the staff for the work with us on the technical amendments. I will be accepting the Committee amendments.
- Jesse Arreguin
Legislator
This bill builds upon the foundation of the California Values act by codifying guidance from our Attorney General into law. It strengthens patient privacy protections by recognizing that immigration status, past or present, and the place of birth are part of confidential medical records. These are not just data points. They're deeply personal, should never be weaponized against communities.
- Jesse Arreguin
Legislator
So the goal of this bill is to ensure that people can access emergency care and reproductive health care and health care in California without fear of arrest and deportation.
- Jesse Arreguin
Legislator
This is really about standing up for the people who hold the state together and making sure that when they walk into a hospital or they're met with care and compassion, not fear and intimidation.
- Jesse Arreguin
Legislator
This bill is proudly supported by a broad coalition, including SEIU California, the California Nurses Association, California Hospital Association, California Immigrant Policy Center, Latino Coalition for Healthy California. With me to testify in support is Jane Churchen from the California Nurses Association and Xu Ming Cheer, Deputy Director of Immigrant and Racial justice at the California Immigrant Policy Center.
- Jane Churchon
Person
My name is Jane Churchon and I've been a registered nurse for over 30 years. I'm a proud member of the California Nurses Association and we are a proud co-sponsor of SB81. And thanks, Senator Arreguin, for sponsoring this very important legislation. As nurses, our priority is our patients.
- Jane Churchon
Person
The statement don't ever come between a nurse and our patients is truer. Today more than ever. Our hospitals are places where people go to be healed, where people go to be cared for, to feel safe and focus on getting well.
- Jane Churchon
Person
But new and open threats to immigrant communities have revived fears of dangerous, inhumane actions by immigration enforcement agencies. At our health facilities, Ayes agents are acting with unconditional authority, disregarding traditional safe havens. But as nurses, we know that it's our professional duty to stand up to protect our patients.
- Jane Churchon
Person
Nurses have traveled to Texas detention centers demanding entry to provide care to migrant children. In Arizona, we've provided care at migrant sanctuary centers along the border. Last month, nurses picketed at Chinese Hospital in San Francisco, asking the Hospital Administration to address detail deep concerns about the safety of our immigrant patients.
- Jane Churchon
Person
Today, nurses ask you to sign to pass Senate Bill 81 because health care is a human right and no patient should fear coming through our hospital doors because of their immigration status. Under this bill, all California health facilities would be required to establish effective policies and procedures to keep Ayes agents from interfering with patient care.
- Jane Churchon
Person
Instead of haphazard plans to have security intervene, or leaving nurses with no plan at all if Ayes demands, entry facilities would be required to designate management representatives that will handle Ayes requests. These are basic protections that will alleviate the growing fear that our patients face and enable nurses to focus on healing.
- Jane Churchon
Person
As nurses, we have a sacred oath to our patients to help them heal without discrimination. This is why we ask for your aye vote. Thank you.
- Ximeng Cheer
Person
Hi, Good afternoon. My name is Ximeng Cheer and I'm a Deputy Director with the California Immigrant Policy Center. We're also a proud co sponsor of SB81, which is critical for advancing the health and safety of immigrant Californians and their families.
- Ximeng Cheer
Person
I was at an immigrant rights organization during the first Trump Administration where I saw the chilling effect that immigration enforcement and the threat of a newly expanded public charge role had on immigrant families.
- Ximeng Cheer
Person
At nearly every presentation that I gave or attended, people asked questions about whether it was safe for their families to apply for public benefit or to seek essential services.
- Ximeng Cheer
Person
Despite reassurances, most immigrants and their families decided to hold off on applying for benefits for which they qualified out of fear that their information would be shared with federal immigration agencies. Decisions about whether or not to seek health care or whether to attend a medical appointment should not be based on the fear of Ayes presence.
- Ximeng Cheer
Person
The federal administration's recent attacks on immigrant children, workers and families are even more egregious this time around. On January 20th of this year, the Department of Homeland Security rescinded the Sensitive Locations Memo, which previously limited immigration enforcement actions at locations such as schools and hospitals.
- Ximeng Cheer
Person
With the federal Administration enacting mass raids and deportations, immigrants and their families in California are in fear of being arrested as they go to work or school or access vital care and services. Instances of immigration agents waiting at the parking lots of health care centers have stoked terror amongst health care staff as well as patients.
- Ximeng Cheer
Person
This deters people from accessing the health care and essential services they need due to the possibility of arrest, surveillance and family separation. SB81 would strengthen patients privacy by protecting people's immigration status and place of birth information from being disclosed unless there is a valid warrant signed by a judge.
- Ximeng Cheer
Person
SB81 would also help ensure healthcare facilities are a safe and welcoming environment that all Californians feel comfortable accessing. The health of all Californians are threatened when millions of Californians are in fear of accessing life saving health care simply because of where they were born. Therefore, I urge you to vote eye on this Bill. Thank you.
- Thomas Umberg
Legislator
Thank you. If you're in support of SB81, please approach microphone. Give us your name, your Affiliation, your position.
- Sara Flocks
Person
Mr. Chair. Sarah Flocks, California Federation of Labor Unions, in support. Thank you.
- Timothy Madden
Person
Thank you. Chair and Members. Tim Madden representing the California chapter of The American College Emergency Emergency Physicians in support.
- Meghan Loper
Person
Megan Loper on behalf of the California Hospital Association in support.
- Monica Madrid
Person
Monica Madrid with the Coalition for Humane Immigrant Rights in support.
- Juan Palacios
Person
Good afternoon. Chair Members. Juan Jose Mijia Palacios with the Latino Coalition for Healthy California. Proud co-sponsor and support. Thank you.
- Anay Martin
Person
Anay Martin with the California Immigrant Policy Center. Proud co-sponsor and support.
- Benjamin Eichert
Person
Benjamin Eichert with the National Union of Healthcare Workers in support.
- Christopher Sanchez
Person
Christopher Sanchez on behalf of the Asian Americans Advancing Justice Southern California in strong support.
- Thomas Umberg
Legislator
Thank you very much. If you're opposed to SB81, please form a line at the microphone. All right. Seeing no one, approach the microphone. Who's opposed to SB81? We're going to bring it back to Committee for Committee questions. Questions by Committee Members. Seeing none. Is there a motion bill? Senator Stern moves the bill. Would you like to close?
- Thomas Umberg
Legislator
Senator, Please ask for an aye vote. Thank you very much. Madam Chief Counsel, please call the roll.
- Thomas Umberg
Legislator
Eight. Zero. We're going to put that on call. Next we have Senator Allen. Just a word to both authors who are watching from their offices or Committee Members who are authors.
- Thomas Umberg
Legislator
If you have witnesses that need to leave, and I see the room's full of witnesses, you should Let me know so that we can accommodate them as best we can. Senator Allen, the floor is yours.
- Christopher Sanchez
Person
Thank you. So, with your forbearance, I'd like to start with SB367, which is the first one, but then after that do SB749, which is item 33 on the agenda. It's just because you have flights to catch. Okay, thank you so much, Mr. Chair. Let me start by thanking the Committee for working diligently with us on this bill.
- Christopher Sanchez
Person
We are going to be accepting all the Committee amendments. So a lack of coordination between different parts of the behavioral health system can lead to gaps in care and a confusing experience for individuals and families.
- Christopher Sanchez
Person
Our current model is leaving too many people suffering with significant psychotic disorders in incredibly unsafe situations, which leads to severe injury and incarceration, homelessness and death.
- Christopher Sanchez
Person
Currently, people in mental health crises who are involuntarily detained out of concern for their well being are brought to an emergency Department or mental health facility for an initial assessment before being held for further evaluation and treatment.
- Christopher Sanchez
Person
And while there's statutory guidance on the required elements of an evaluation, which must be completed by the behavioral health specialist, no such guidance or requirements exist for an assessment.
- Christopher Sanchez
Person
This can lead to quick releases and continued cycling of 30 second holds, as they call them, without a more comprehensive analysis of an individual ever being completed, which overburdens our emergency departments. And it leaves patients without any care plan.
- Christopher Sanchez
Person
So, you know, outpatient psychiatrists and physicians encounter barriers advocating for higher levels of care for their patients who are caught in the revolving door of the behavioral health system.
- Christopher Sanchez
Person
And with so many restrictions on who can make referrals, there's no avenue for psychiatrists or physicians working outside of certain facilities to submit a petition to the county public conservator for consideration of a mental health conservatorship. If a mental health conservatorship is granted, treating facilities have to create an individualized treatment plan, an ITP, within 10 days.
- Christopher Sanchez
Person
But there are no best practices or required elements in an ITP and no oversight of the patient's progress. In the absence of a strong ITP process, patients are more at risk of being warehoused in a facility without appropriate treatment for extended periods of time.
- Christopher Sanchez
Person
And in some cases, conservatorships have been prematurely terminated when beds are not available because minimal goals aren't met. Sorry. Sorry. The minimal goals are met, which then of course means that people have to. They can't be there even if the patient still met the definition of gravely disabled and didn't yet have the necessary skills. To live independently.
- Christopher Sanchez
Person
So this bill closes these gaps in our behavioral health continuum of care by defining reasonably available and relevant 5150 assessment criteria to minimize cycling of patients in and out of the emergency departments. Requiring ITPs to specify goals related to stabilization, evidence based treatment and movement to a less restrictive setting.
- Christopher Sanchez
Person
Third, ensuring that there is no wrong door for gravely disabled individuals to be referred to the public conservator for investigation and connection to appropriate supports. And then finally, allowing referrals to less restrictive alternatives that can meet patient needs should the public conservator determine that an LPS conservatorship petition not be filed.
- Christopher Sanchez
Person
So here with me to testify in support of the bill, we have Dr. Aaron Meyer, who's a Ph.D. and assistant clinical Professor of psychiatry at UC San Diego and Vice Chair of the California State Association of Psychiatrists Government Affairs Committee. And also Dillian Elliott, who's here as legislative advocate for the California State Association of Psychs.
- Christopher Sanchez
Person
Let's start off. Thank you very much, Professor Meyer, who's got a flight down to San Diego.
- Thomas Umberg
Legislator
If those in support of SB367 could queue up, that would be great.
- Aaron Meyer
Person
Good evening, Mr. Chair, Members of the Committee. My name is Aaron Meyer. I'm a practicing psychiatrist and I'm here today on behalf of the California State Association of Psychiatrists, proud sponsor of Senate Bill 367.
- Aaron Meyer
Person
So most importantly, this bill gives specific treatment providers the ability to recommend conservatorship for people who are deteriorating on our sidewalks and dying as their families watch. Counties typically consider conservatorship only for those who are admitted to locked psychiatric facilities.
- Aaron Meyer
Person
People who chronically suffer from grave disability often cycle through emergency departments, sometimes multiple times a day, but never get admitted. While they spin through this resource intensive revolving door, they never improve. I work directly with the City of San Diego's Fire Rescue Department. I see gravely disabled individuals falling through the cracks.
- Aaron Meyer
Person
One died on a sidewalk six weeks after his conservatorship was terminated. Medications were scattered across his body. He was never able to reunite with his mother. One man with cognitive impairment died alone after wandering into traffic. Another died alone in his apartment holding a pot of his own urine.
- Aaron Meyer
Person
Understanding the severity of the situation, community paramedics had intervened days before his death but had been powerless to force him to go to the hospital. And yet another with advanced AIDS died in the hospital after years of sexual victimization and in her apartment.
- Aaron Meyer
Person
In the two years prior to their deaths, these four individuals alone required 694 emergency responses. These deaths all occurred in the City of San Diego in the last few years. But such experiences are not limited to San Diego. The increased options for care and step down support included in Senate Bill 367 could have altered these tragic outcomes.
- Thomas Umberg
Legislator
Thank you very much. Seeing no one else. zero, here we go. Go ahead.
- Ryan Souza
Person
Sorry. Appreciate your diligence, Mr. Chair. Dylan Elliott, legislative advocate for the California State Association of Psychiatrists. First, I want to thank the author. Thank you, Mr. Chair. And the hard work of your Committee staff. I think Senator Allen and Dr. Meyer have done an excellent job in outlining the nature and need for this bill, why it's necessary.
- Ryan Souza
Person
I do want to take a moment to make it clear what this bill does not do. It does not change the threshold that must be met for an individual to be conserved. It does not take away discretionary authority from public conservators or judges. And it does not force people meaningfully willing to accept voluntary treatment into involuntary conservatorships.
- Ryan Souza
Person
Speaking to the amendments being made in this Committee, we think that they make a pretty concerted effort at addressing many of those that have been raised by the opposition. And as Senator Allen shared, they are being accepted first with respect to the increased referring parties.
- Ryan Souza
Person
They build upon amendments taken in Senate Health that now further narrow it to be just providers who may refer individuals that are treating them for a condition relevant to their grave disability within the last year. So there is a time parameter on that now.
- Ryan Souza
Person
And with respect to the care judges that may make referrals, the amendments restructure it to be an evaluation ordered on their motion.
- Ryan Souza
Person
Additionally, you know, while we still think this is something really important from the sponsor perspective, the amendments strike the ability for the appeal of a decision to not move forward with an LPS conservatorship, along with the requirement for judicial approval for the termination of a conservatorship before its one year mark.
- Ryan Souza
Person
SB367 provides several systematic and deeply interwound fixes to the behavioral health continuum of care to better ensure that very vulnerable individuals are receiving appropriate care. This is an incredibly important measure. We strongly urge your aye vote and are proud to support SB367. Thank you.
- Thomas Umberg
Legislator
Thank you very much. If you're in support of SB367, please approach the microphone.
- Moira C. Topp
Person
Good evening, Chair and Members. Moira Topp here on behalf of San Diego Mayor Todd Gloria, co-sponsor of the measure and strong support.
- Thomas Umberg
Legislator
Thank you. All right, if you're opposed, see no one else approaches the microphone. If you're opposed to SB367, please approach. Please cue up if you're opposed to SB367.
- Samuel Jan
Person
Thank you, Chairmembers Samuel Jan with Disability Rights California. We thank the author and the Committee staff for all the work on this Bill, the amendments addressed of the issues that we raised. But we do have some remaining concerns that are here in opposition of 367.
- Samuel Jan
Person
The Bill would make it easier to place someone on conservatorship and harder to remove. Conservatorships are legal instruments that take away an individual's fundamental rights, such as the right to choose where they live, the right to control their own finances, the right to enter contracts, and the right to vote.
- Samuel Jan
Person
People under conservatorships are more likely to be subject to abuse, neglect and financial exploitation. And we've seen this in high profile cases like Britney Spears. The provision in the Bill we're most concerned about would allow specified physicians to recommend conservatorship, which requires that counties initiate conservatorship investigations. We're concerned the impact will be twofold.
- Samuel Jan
Person
First, that we're going to see tremendous increases in the number of people placed on conservatorships. Under current law, counties and designated facilities can initiate conservatorship investigations. While there are 58 counties and about 200 designated facilities, there are roughly 125,000 licensed physicians in California.
- Samuel Jan
Person
This represents an over 600 times increase in who can initiate these investigations, which will no doubt result in a lot more people getting placed on conservatorships. Second, we're concerned this expansion will have a chilling effect on people seeking treatment.
- Samuel Jan
Person
Some people are going to be afraid to see their Doctor for basic care if that person has the authority to initiate these extensive investigations that could result in them losing their fundamental rights. For these reasons, we ask for your opposition today. Thank you.
- Michelle Cabrera
Person
Chair and Members. Michelle Cabrera with the County Behavioral Health Directors Association of California. I want to start out by thanking the chair as well as the author and the Committee staff for consideration of several of the technical concerns that we and other stakeholders have raised and for the amendments which are outlined in the Committee analysis.
- Michelle Cabrera
Person
Despite these amendments, our Members remain opposed as these improvements do not address some of the more fundamental concerns we have with the bill. SB367 continues to add a number of new requirements for counties in terms of how they administer LPS.
- Michelle Cabrera
Person
I would ask for a bit of time here to sort of explain why this is of concern to counties. At its core, LPS is about establishing due process protections to prevent the indefinite involuntary detention of individuals with behavioral health conditions.
- Michelle Cabrera
Person
This ties back to the constitutional guarantee that we all have that allows us to make medical decisions on our own behalf. LPS makes some important exceptions when individuals are either a threat to themselves, to others, or considered gravely disabled by virtue of their behavioral health condition.
- Michelle Cabrera
Person
When it was passed in 1967, the LPS act was structured as a transfer of responsibility from the state, two counties with no dedicated resources. In fact, lawmakers put on the record a statement that the bill makes badly needed procedural reforms but does not enact new financing or administrative changes at the state or the county level.
- Michelle Cabrera
Person
This statement is important because it forms the basis for local discretion and control over how LPS is implemented. In the years since its passage, this shift has been realized largely through the closure of state hospitals. In 1957, there were approximately 36,000 individuals.
- Michelle Cabrera
Person
In California's 14 state hospitals. And today we serve a fraction, 6,000. The trade off from LPS from the start has been local control. In exchange for that transfer of responsibility, this bill would significantly remove that control. Control while still not resourcing the desired shifts. And for that reason, we remain opposed. All right, thank you.
- Jason Ikerd
Person
Thank you. Mr. Chair and Members Jason Iker on behalf of the California State Association of Public Administrators, Public Guardians and Public Conservators in opposition for the reasons that Ms. Carrera stated. Thank you.
- Jolie Onodera
Person
Good evening. Mr. Chair and Members Jolie Onodera on behalf of the California State Association of Counties as well as the Urban Counties of California, also remain in opposition. Thank you.
- Unidentified Speaker
Person
Hello, Mehran. On behalf, Cal Voices Mental Health America of California and compro. Opposed.
- Thomas Umberg
Legislator
Thank you very much. Seeing no one else approaches the microphone, let's bring it back to the Committee. Questions by Committee Members concerning SB367. Seeing no questions except for Senator Stern moving the bill. Thank you very much. Senator Stern. Okay. Madam. Excuse me, Committee Assistant Porter. zero, I'm sorry. I'm getting ahead of myself.
- Christopher Sanchez
Person
Yeah. One little thing. The Britney Spears situation was a probate conservatorship, not LPS, so it's not entirely applicable here. I'm very interested in making sure that we have robust conversations with the counties to address some of their concerns because I think these are. We've asked for amendments. We're hoping to get some from them.
- Christopher Sanchez
Person
But I think everyone here understands what we're trying to work on here, and I. I would certainly ask for an aye vote.
- Thomas Umberg
Legislator
9 - 0. Put that on call. All right. Senator Allen, you need another Bill?
- Benjamin Allen
Legislator
Yeah. So, I'm going to do—I'll do 749 and then I'll let Senator Smallwood present, and I'll do my three next after that, if that makes sense.
- Benjamin Allen
Legislator
Okay. All right, let's do 749. So, this is Item 33 in your packets, Members, relating to mobile homes. So, to address the conversion of at-risk units to market rate, the state began to adopt affordable housing preservation laws back in 1987, and we've had several since.
- Benjamin Allen
Legislator
The laws require owners of affordable housing to provide one to three years of notice, in advance of terminating rent restrictions, to affected tenants and, you know, prospective tenants—the Department of Housing and Community Development, and also local public entities.
- Benjamin Allen
Legislator
They also require owners to provide notice of opportunities to purchase at fair market rates to resident organizations and qualified entities certified by HCD. Mobile homes are the largest source of unsubsidized affordable housing in the country, and they provide important home ownership opportunities for many Californians.
- Benjamin Allen
Legislator
And according to HCD, preserving this housing option is critical to meeting the state's housing needs. Opportunities to preserve unsubsidized affordable housing are especially important today when the state's affordable housing funding is oversubscribed, and our existing housing stock is under increasing threat from climate disasters. And you know, all one has to do is open one's eyes, you know.
- Benjamin Allen
Legislator
The 2018 Camp Fire resulted in the destruction of over 30 mobile home parks in Paradise, a vast majority of which have not been rebuilt. Over 700 rent-stabilized units were destroyed in the recent Palisades Fire in my district, approximately half of which were located in two mobile home parks.
- Benjamin Allen
Legislator
Communities across the state and country are recognizing the growing need for policy changes to protect affordability of mobile homes and provide opportunities to resident organizations and other nonprofit entities, to purchase and preserve the parks.
- Benjamin Allen
Legislator
So, this Bill adapts Preservation Notice Law to apply to mobile home parks and clarifies the right of residents of a park after a disaster, specifically establishing a 12-month timeline for noticing to residents, HCD and local public entities, of an owner's intent to close or change the use of a park, then requiring an owner to provide notice of opportunity to submit an offer to purchase two resident organizations and qualified entities certified by HCD.
- Benjamin Allen
Legislator
It creates a process for establishing a fair purchase price for the mobile home park and it clarifies the notice requirements to homeowners of destroyed mobile homes.
- Benjamin Allen
Legislator
Testifying today in support of the Bill, we have John Brown, who's the Co-Chair of the Palisades Bowl Community Partnership who's, you know, representing a community that was just decimated by the Palisades Fires. He's up from Los Angeles. We also have Karen Concierge, who's an attorney with Services of Northern California.
- Thomas Umberg
Legislator
All right, if you're in support of SB 749, please queue up. First witness, please.
- John Brown
Person
Good afternoon, Chair and Members of the Committee. My name is John Brown. 10 years ago, when my then fiancé and I wanted to buy a home and couldn't afford one, we found Palisades Bowl Mobile Home Park.
- John Brown
Person
We bought a home there, and since, we've had two kids and created a beautiful life in a place we'd be otherwise unable to afford. In January, our entire community was decimated, burned flat, and I'm here to represent over 4, 100, sorry, 1,000 displaced residents who are now in limbo, still wondering if we'll ever be able to return home.
- John Brown
Person
When our park owners bought these properties, they didn't just buy land. They bought communities already designated as affordable housing protected by zoning, rent control, and California's broader commitment to housing for all. But under current law, there's a dangerous loophole.
- John Brown
Person
Park owners can quietly pursue a change of use without any obligation to preserve or replace the affordable housing that was destroyed. One of our owners was recently overheard calling the fire a "great opportunity." SB 749 is sensible legislation for both the residents and the owners.
- John Brown
Person
It ensures a thorough and fair appraisal process, so the park owner's interests are protected, while giving residents a path to return home. The average home price in Palisades Bowl was around $500,000, where a single-family home in the rest of the Palisades would start at over $3 million.
- John Brown
Person
This was the last piece of affordable housing on the coastline and the most affordable housing, not just in the Palisades in all of LA County. These homes can be built quickly and inexpensively with fire ratings higher than stick-built homes.
- John Brown
Person
If we had 749 in place before this disaster, this could have been the first community to be built back. But instead, it'll likely be the last. And without 749 put in place, we'll likely be displaced indefinitely and maybe never can return home.
- John Brown
Person
On behalf of my family, my neighbors, and over one and a half million mobile home park residents in California, I ask for your support of 749. Thank you very much.
- Benjamin Allen
Legislator
I made a mistake. Instead of Karen, we actually have. Brian Agusta here. He's from the California Legal Assistance.
- Brian Augusta
Person
Thank you, Chair and Members. Brian Agusta, on behalf of the California Rural Legal Assistance Foundation, in support of this measure. For our low-income clients, mobile home—mobile homes—and manufactured housing communities remain an important source of unsubsidized, affordable housing and affordable home ownership.
- Brian Augusta
Person
And for our clients who have purchased a home in a park, this may be the family's only source of wealth building. It's a source of equity. But when a park closes, a homeowner in a park has few options. It's rare and extremely expensive to move a mobile home park, a mobile home from one park to another.
- Brian Augusta
Person
And so, when a park closes, typically what happens is the homeowner loses their investment in the home. Preserving parks is a—needs to be a key strategy of our overall affordable housing strategy in this state, and this Bill will help to do that.
- Brian Augusta
Person
If the park is proposed to close, this Bill will match a buyer, who will keep the park open, purchase the park at a market rate and ensure that the homeowner's equity is protected.
- Brian Augusta
Person
If the park—if no such deal comes to fruition, the Bill will ensure, at least, that those homeowners who are facing the closure of a park will have additional notice of up to 12 months, to ensure that they have time to move their family, make other arrangements, and adjust their life accordingly.
- Thomas Umberg
Legislator
For SB 749, please queue up. If you're in support of 749, please approach the microphone.
- Kate Bybee
Person
Good evening. Kate Bybee, on behalf of Legal Aid Sonoma County, in strong support. Thank you so much.
- Thomas Umberg
Legislator
Thank you very much. Seeing no one else approached the microphone, let's turn now to the opposition. If you're opposed to SB 749, please queue up.
- Christopher Wysocki
Person
Good afternoon. Evening, Mr. Chair, Members. My name is Chris Wysocki with WMA and Senator Allen, I'm going to keep this short because this is Judiciary Committee, and we've outlined a lot of our concerns on the policy front, in the Housing Committee. But so, I would like to yield my—most of my time to our attorney, Chris, Chris Chapman.
- Christopher Wysocki
Person
But I just do want to point out that SB 749 is really problematic from a policy standpoint. If you're looking to preserve affordable housing, this does not do that. In the Palisades Bowl and Tahitian Terrorist Disasters, SB 749 would prevent the ability of a park owner to change the use of that property to a higher and better use, in our mind.
- Christopher Wysocki
Person
You could actually turn those 350 spaces into a 500-unit apartment community, and I think that's a better and higher use for the property. But SB 749 would prevent that. If it's okay, I would like to yield the balance of my time to Chris Chapman, who can talk about the constitutional issues with 749.
- Chris Chapman
Person
Hello again. Chris Chapman, on behalf of WMA again, I litigate constitutional issues for mobile home parks. And I've—I've been on a Zoom call with Senator Allen previously, about the Palisades Fires. So, I'm familiar with the issues—or represent one of the parks. But there are a lot of problems with this Bill, again from a constitutional standpoint.
- Chris Chapman
Person
And I frankly think it's a little bit of a knee jerk reaction to the Fires. This Bill basically requires the park owner, if it wants to go out of business, to sell the park to someone else picked basically by the government. I can't imagine HCD's responsibility to try to accomplish this task.
- Chris Chapman
Person
But a park owner has a right to go out of business and that means to keep the land vacant, sell it to whoever they want. That's a fundamental right. Again, the Yee v. Escondido case talks about that.
- Chris Chapman
Person
And one issue I've spotted in this Bill, and maybe Senator Allen can talk about after I'm done, is I don't see a definition for a bona fide offer anywhere. It says if there's a bona fide offer, the park has to accept it. That's not defined. I can't find it. That's not defined in the Bill. That's left to interpretation.
- Chris Chapman
Person
That'd be a lot more interpretation than I would feel comfortable with if I'm a park owner. So, that's something that would need to be addressed further, in my humble opinion. But again, you know, there's already a procedure in place to close a park. You know, if a park is just closing, the homeowners do have rights.
- Chris Chapman
Person
Contrary to what you heard earlier, they get the in place value of their homes. Now here, if there's a fire, I understand the issue, what's the in place value? But you know, if the park's going to reopen, the park owner has responsibilities too. And what's it going to cost for the park owner to rebuild the park?
- Chris Chapman
Person
The residents just move in new homes to the park. They're not, they're not rebuilding. It's actually the park owner that's rebuilding. It's not the homeowners, respectfully. So, imagine if you bought a park 20 years ago, you built this park up, suddenly it's, suddenly it's burned down. Maybe your grandparents built it, whatever it may be.
- Chris Chapman
Person
And now you're told by the government you have to sell to someone else that the government chooses to sell to, and you can't go out of business. That's a taking. I mean, that's a constitutional problem. Again, Yee v. Escondido. I invite everyone to read the case. California Supreme Court, 1992.
- Chris Chapman
Person
This does not serve a public purpose, as Mr. Wysocki talked about. It's anti-affordable housing. It's not going to encourage more mobile home parks to be built, which are a vehicle for affordable housing.
- Chris Chapman
Person
So, there needs to be more conversations had, you know, so, we'd ask that you work on this Bill further, but at a minimum, I think a court find that it's a taking under the Escondido case.
- Thomas Umberg
Legislator
If you're opposed to SB 749, please approach. Your name, affiliation, and position.
- Jay Snacker
Person
Thank you, Mr. Chair. Jay Snacker, on behalf of the California Mobile Home Park Owners Alliance, also in opposition. Thanks.
- Thomas Umberg
Legislator
Thanks. Alrighty. Thank you very much. Others in opposition? All right, let's bring it back to Committee. Questions by Committee Members? Seeing no questions, is there a motion? Senator, Senator Ashby moves the Bill. Senator Allen, would you like to close?
- Benjamin Allen
Legislator
Yeah. Thank you for the discussion. You know, Preservation Notice Law already is law, all right, so, and we know that HCD already maintains a list of preservation organizations. This bona fide offer issue is a good question. I mean, I guess in the end of the day, it would be an offer that meets the requirements of the law.
- Benjamin Allen
Legislator
We have a whole process for fair market value determination that's grounded in precedent and fairness. But I'm certainly happy to work with opposition on further refinement of that definition.
- Benjamin Allen
Legislator
But this is ultimately about helping folks out who have lost everything in a fire to have the right to purchase this property at, you know, at a fair market value. If the current owner wants to walk away from the current use, right now, unfortunately, law actually disincentivizes mobile home park owners who have had their parks destroyed from maintaining that use.
- Benjamin Allen
Legislator
There is a deep public policy reason for us to make sure that these really important sources of affordable housing continue. And we found a way to make the owners whole in a fair way, in a way that's grounded in the law. And so, appreciate the work of the Committee, and I ask for an "Aye" vote.
- Thomas Umberg
Legislator
Thank you very much. All right, Committee Assistant, please call the roll.
- Benjamin Allen
Legislator
Thank you, Mr. Chair. I've got three more bills, but I don't know what.
- Thomas Umberg
Legislator
Well, let's do this. Senator Allen, I think you're going to be here a while, so we're going to turn to Senator Smallwood-Cuevas. Yep. Who would be next in order. So, Senator Smallwood-Cuevas. And then I understand that Senator ... also has issues with witnesses that need to leave. Just to review the bidding here just a little bit.
- Thomas Umberg
Legislator
I know we deviated slightly with respect to witnesses. You. Four minutes, two minutes to each witness. So on the proponent side, you've got two witnesses, two minutes each. On the opponent's side, two witnesses, two minutes each.
- Thomas Umberg
Legislator
And if you want a deviation, then you need to go ahead and ask us ahead of time, and we'll, you know, try to do our best to accommodate reasonable requests. All right. Senator Smallwood Cuevas, thank you for your patience.
- Lola Smallwood-Cuevas
Legislator
Thank you. Thank you, Mr. Chair. And thank you, Members. I will make this as brief as I can. I see all of the bills before you. I am so honored to present SB 464, and I want to begin by saying that I want to thank you, Mr. Chair, and your team—Committee Team—for working with my team on these amendments.
- Lola Smallwood-Cuevas
Legislator
I will be accepting the amendments outlined in the analysis, which strike publishing requirements and remove the sexual orientation and limit the scope of the Bill to state workers.
- Lola Smallwood-Cuevas
Legislator
With that, I am proud to present SB 464, a priority bill of the California Legislative Black Caucus that advances the goals of the Reparations Task Force.
- Lola Smallwood-Cuevas
Legislator
In 2023, the Task Force, as we all know, released a final report laying out policies to address the enduring harms of slavery and systemic racism in California, such as significant workplace disparities, limited access to managerial and supervisorial positions, and steps for promotion for Black Californians.
- Lola Smallwood-Cuevas
Legislator
While California has made progress on pay equity reporting, the report makes clear we need a more complete picture of workforce demographics. SB 464 enhances these reports by adding state civil service workers to reporting requirements.
- Lola Smallwood-Cuevas
Legislator
State jobs have provided valuable opportunities for Black Californians and so many other communities, and it is crucial that these workers be included in our CRD reports. Although California has invested in programs to elevate Black Californians into higher paying and senior roles, we can't improve what we can't track.
- Lola Smallwood-Cuevas
Legislator
I am committed to continue to work on this issue, to improve elements of the report and to ensure that we address those technical changes. But this is an important Bill. It's a priority of the Black Caucus, and it's a about making sure that we are growing our workforce equitably. And with that, I respectfully ask for your "Aye" vote, and I have no witnesses on this today. My witnesses had to leave.
- Lola Smallwood-Cuevas
Legislator
Yes, they had a flight, and they had to—they had to leave, so.
- Roger Niello
Legislator
Are there—is there anybody here who would like to testify in support of this Bill? So, we'll move to the opposition? Are there primary witnesses in opposition?
- Ashley Hoffman
Person
Ashley Hoffman, with the California Chamber of Commerce, here to remove opposition and just wanted to thank the author's office and her staff and the Committee for working with us. So, thank you.
- Naomi Padron
Person
Good evening, Chair and Members. Naomi Padron, on behalf of the California Credit Union League, we too are pleased to remove our opposition with the amendments. Thank you.
- Chris Micheli
Person
Mr. Chair, Chris Mckayley, on behalf of the Civil Justice Association of California and the Los Angeles Area Chamber of Commerce. Ditto. Thank you.
- Ryan Allain
Person
Hi, Ryan Allain, with the California Retailers Association. Happy to remove our opposition with the amendments. Thank you.
- Eric Lar
Person
Good evening. I'm Eric Lar, speaking on behalf of the California State Association of Counties and a coalition of local government associations. We appreciate the Senator accepting the amendments. We may still have a couple small technical clarifying amendments but look forward to removing our opposition in the next Committee. Thank you.
- Aaron Avery
Person
Good evening, Mr. Chair. Aaron Avery, with the California Special Districts Association. We're opposed to the Bill in print but want to thank the author and the Committee for working on the amendments, and we look forward to reviewing them. Thank you.
- Roger Niello
Legislator
Any other witnesses in opposition? Seeing none. We'll bring it back to the Committee. Senator Weber Pierson.
- Akilah Weber Pierson
Legislator
Thank you. Chair. Want to thank the Senator for presenting this Bill and carrying it. On behalf of the California Legislative Black Caucus, as was stated, this is a priority bill in our package this year and I would love to move it at the appropriate time. Thank you.
- Roger Niello
Legislator
Any other questions or comments? Senator Smallwood-Cuevas, I, based upon the removal of opposition, I will, at this point, abstain as I get a better feel for what the amendments do. The—I think the Bill makes a good point. In the analysis, the California employment lawyers cite a study showing that Black families earn 58% of what white families do.
- Roger Niello
Legislator
That's a problem. It is an obvious implication that this is due to discrimination, even racism. And I think they've got a point. But I'd suggest that maybe we go back to before they got their jobs, to their education, which was their preparation, made available to them for their jobs.
- Roger Niello
Legislator
And this might seem a bit off point of the Bill, but I have to take advantage of something that I've repeated many times before, that black students are the lowest performing cohort in our K-12 education system. And this is not due to attitude—excuse me, aptitude. It's due to the fact that we, our schools, fail them. That is real discrimination.
- Roger Niello
Legislator
And to the point, Boston Celtic, African American, Boston Celtics' basketball star who played a year at Cal, my alma mater, Jaylen Brown, he said, "Education inequality is perhaps the most potent form of racism on our planet."
- Roger Niello
Legislator
So, how can we expect someone so poorly served by their education opportunity, versus that provided to others, be able to compete on an equal footing in the job market? I don't—that's not a realistic expectation. The fact of the matter is that inequity in employment and earning statistics is a symptom.
- Roger Niello
Legislator
Inequity in education is a cause, and we won't overcome the former until we fix the latter. And I think it's a very important point. As I said, I've mentioned this before, but as I said, I personally will lay off as I get a better understanding of what the amendments are. So, you may close.
- Lola Smallwood-Cuevas
Legislator
Well, I appreciate the Committee's work on this and I appreciate the work that we will continue to do, to ensure that the State of California, and I think, Senator Niello, at the core of what you were saying, I absolutely agree with, and that is that in the State of California, we have to measure to figure out where we need to strengthen.
- Lola Smallwood-Cuevas
Legislator
Black people were enslaved longer than we've been free in this country.
- Lola Smallwood-Cuevas
Legislator
And you know, when you calculate all of the years, over 500 years of enslavement, of Jim Crow, of racial terror, of disparity, and de facto—real discrimination or de facto discrimination—in how we fund communities of color, how we build pathways out of industries that once were connected to slavery.
- Lola Smallwood-Cuevas
Legislator
You know, we talk about agriculture, for example, and we see, right now, that that's an industry that is really failing its workers and primarily because it's rooted in that slave economy. And so, we have to be very vigilant to level the playing field and to enact policies that do that.
- Lola Smallwood-Cuevas
Legislator
And I think this one that helps us be able to measure and track, to ensure that the State of California is doing all that it can, to make sure that we are not adding to and fueling the disparity. So, with that, I respectfully ask for your "Aye" vote.
- Roger Niello
Legislator
Thank you. Please call the roll. Oh, we need a motion. Moved by Senator...oh, yeah, that's right. Senator Weber Pierson said that earlier. Moved by Senator Weber Pierson. Please call the roll.
- Lola Smallwood-Cuevas
Legislator
Thank you. Moving on to SB 238. And I, again, will start by thanking the Committee and staff for working with my office on, on these amendments, and I will be taking the Committee's amendments.
- Lola Smallwood-Cuevas
Legislator
I'm proud to present SB 238, which establishes a critical and straightforward right, the right of California workers to know when they're being digitally monitored in the workplace. This Bill is grounded in our state's constitutional right to privacy, and it complements California's existing privacy framework, under CCPA and CPRA, without duplicating or disrupting employer operations.
- Lola Smallwood-Cuevas
Legislator
At the 2024 GAO—in the 2024 GAO report—it warns that excessive surveillance can degrade mental health, reduce job performance, discourage protected activities, and undermines a worker's rights and workplace trust. I want to share a story of a worker that I met.
- Lola Smallwood-Cuevas
Legislator
He was out of the Inland Empire, where he talked about how surveillance, constant surveillance, takes a toll on your physical and mental wellbeing, when the technology tracks your every move. Workers often have no idea when they're being tracked or how that deeply personal data is being used.
- Lola Smallwood-Cuevas
Legislator
The level of monitoring has been linked to higher rates of psychological stress and anxiety. Black and Brown workers, especially when we look at warehousing and delivery in retail, are disproportionately exposed to AI-driven surveillance, research shows, and these systems can reinforce racial and gender disparities and hiring and promotion and discipline when left unchecked.
- Lola Smallwood-Cuevas
Legislator
These tools are increasingly used in employment, as we know, often without worker knowledge, and it raises serious concerns about privacy, fairness, and algorithmic bias. And, you know, we were fighting some of those algorithms during the fire where, without controls, you know, prices were just going up, up, up because the algorithm was responding to demand.
- Lola Smallwood-Cuevas
Legislator
So, surveillance's technology is similar in that and there is no—really a limit—to the cameras. Many companies now deploy wearable technology, ID badges. They equip sensors, they have microphones. They do tractors—trackers. They log everything from location to your tone of voice, to how frequently you go to the restroom.
- Lola Smallwood-Cuevas
Legislator
SB 238 requires employers, including public employers and contractors, to submit an annual report to the Department of Industrial Relations on all workplace surveillance and AI tools they use. The DIR will then make these reports available within 30 days, publicly ensuring accountability for workers, regulators, and researchers.
- Lola Smallwood-Cuevas
Legislator
In response to concerns raised, it is essential to clarify that the Bill does not, and I repeat it does not disclose sensitive technical specifications, any proprietary information. It only asks for a description of the tools, capabilities, and the type of data collected, not the internal workings of any cybersecurity system or any fraud detection systems.
- Lola Smallwood-Cuevas
Legislator
The Bill also does not mandate publication of proprietary security protocols. We want our businesses to be safe or raw surveillance footage. It only general—it only generally disclosures such as vendor name, the data that is being collected generally, and what workers or consumers can opt out of the monitoring.
- Lola Smallwood-Cuevas
Legislator
The definition of workplace surveillance tool is targeted and intentional. It focuses only on tools to monitor worker behavior, actions, and biometric information. It does not include passive IT systems, like email servers or firewalls. While the Bill requires DIR to publish these notices, it does not dictate how the Department organizes and analyzes that information.
- Lola Smallwood-Cuevas
Legislator
This allows for phased implementation and prioritization of high risk cases. With me today to testify is the California Labor Federation and any technical questions you might have.
- Yvonne Fernandez
Person
Members of the Committee, Yvonne Fernandez with the California Federation of Labor Unions, here to testify in support of SB 238, a bill that will increase workplace transparency. Members, when you think of surveillance technology, what comes to mind? I assume some may think of a microphone, some may think of a camera.
- Yvonne Fernandez
Person
However, as the Senator so eloquently put it, today's tools are so much more powerful than this. Today, employers have access to military grade technology and equipment, such as wearable trackers, heat sensors, retina trackers, and in some parts of the world, even implantable RFID chips, and surveillance hardware and software have become increasingly affordable and available.
- Yvonne Fernandez
Person
This is why employers are now eager to monitor every corner of the work site and is why they have required workers to install keystroke monitors, a very effective form of productivity management and a practice that has been instituted by DOGE at the federal level to surveil federal workers.
- Yvonne Fernandez
Person
With every inch of the workplace under the eye of the employer, workers simply do not have the adequate awareness of what tools are used in the workplace. Awareness and transparency are vital for a safe and productive workplace, and SB 238 will foster that transparency in the workplace. And because of these reasons, I respectfully urge your "Aye" vote at the appropriate time. Thank you.
- Ethan Nagler
Person
Ethan Nagler, on behalf of the California Association of Psychiatric Technicians, in support.
- Robert Horrell
Person
Mr. Vice Chair, Robert Horrell, with the Consumer Federation of California, in support.
- Danielle Kando-Kaiser
Person
Good evening. Danny Kando Kaiser, on behalf of Oakland Privacy, in support.
- Roger Niello
Legislator
Any other witnesses in support? Seeing none. We'll move now to the opposition. Primary witnesses opposed?
- Ashley Hoffman
Person
Good evening. Ashley Hoffman, with the California Chamber of Commerce. Really appreciate the work by the Committee in the author's office.
- Ashley Hoffman
Person
Look forward to reviewing the amendments, as described in the analysis, to see if they address some of our concerns about some of the publication of the data and any sensitive information about security, specifically regarding some of our financial institution members. And look forward to continuing to work on this. Thank you.
- Naomi Padron
Person
Good evening, Chair and Members. Naomi Pedrone, on behalf of the California Credit Union League, in respectful opposition.
- Kalyn Dean
Person
Good evening. Kalyn Dean on behalf of the California Hospital Association. We align our comments with Cal Chamber. Thank you.
- Jennifer Rowe
Person
Good evening. Jennifer Rowe, with Capital Advocacy, on behalf of the Security Industry Association, in opposition.
- Ryan Allain
Person
Hi, Ryan Allain, on behalf of the California Retailers Association, in respectful opposition. Thank you.
- Unidentified Speaker
Person
Good evening. On behalf of the Western Car Wash Association, in opposition. Thank you.
- Chris Micheli
Person
Mr. Chair, Chris McKayley, on behalf of the Los Angeles Area Chamber of Commerce, in respectful opposition. Thank you.
- Roger Niello
Legislator
Any other witnesses in opposition? Seeing none. We'll bring it back to the Committee. Questions or comments? And seeing none. You may close.
- Lola Smallwood-Cuevas
Legislator
Well, thank you very much and I appreciate the testimony. I just want to close by saying the National Labor Relations Board has ruled that employers cannot use surveillance to monitor protected activity or create the impression that such monitoring is occurring, yet these violations are rising because workers rarely know—rarely know that they're being watched.
- Lola Smallwood-Cuevas
Legislator
I think California, we need to respect the privacy of those who do our work, who create our great economy, and this Bill is a start in that direction. And with that, I respectfully ask for your "Aye" vote.
- Roger Niello
Legislator
Thank you. Please call the roll. Oh. A motion on this—moved by Senator Durazo.
- Aisha Wahab
Legislator
First, we're going to do SB436, keeping Californians housed at SB436.
- Aisha Wahab
Legislator
All right. Chair, colleagues and Members of the public. First, I'd like to thank Committee staff for their engagement and diligence as we work through amendments on this bill. Happy to accept the proposed Committee amendments.
- Aisha Wahab
Legislator
I'm here to present SB436, which will extend California's three day notice for renters to either pay or move out with a 14 day notice.
- Aisha Wahab
Legislator
Under current law, tenants may avoid eviction for non payment of rent only if they are able to pay all of their rent demanded by the landlord within three days of a notice to pay rent or quit. Once the sun has set on the third business day, the tenant's right to preserve the tenancy and avoid eviction is extinguished.
- Aisha Wahab
Legislator
The state's three day notice is far too quick for families to make up past due rent, receive legal or financial assistance, or even find a new place to live. Beyond immediate displacement, the negative ripple effects of an eviction often extends to the loss of possessions, access to work, health care and transportation.
- Aisha Wahab
Legislator
Credit reports and public court records with eviction filings that last for years can allow landlords to discriminate against renters from remaining in neighborhoods where their children go to school and where transportation exists for them to get work or services they rely on on.
- Aisha Wahab
Legislator
Extending the notice period to 14 days allows a tenant more time to pay before taken to court. It is in the public's interest to solve the issue of homelessness by reducing unnecessary evictions.
- Aisha Wahab
Legislator
I want to highlight in particular that often, many cities, many other organizations provide rental assistance, other types of supportive services, even legal aid, and much more. But three days is too short for anybody. That is a legitimate 72 hours. We are trying to extend this further.
- Aisha Wahab
Legislator
I will say that homeowners who have faced foreclosure, my family included, had a three day notice. It is inhumane period.
- Aisha Wahab
Legislator
With that said, again, extending it enough for people to be able to either absorb funding that they need to pay their rents or be able to find another place or, you know, receive rental assistance or whatever the case may be, it is again humane.
- Aisha Wahab
Legislator
We are trying to under the philosophy of keeping people housed longer is a priority and should be a priority of this body.
- Aisha Wahab
Legislator
I have two witnesses, Suzanne Dershowitz, Senior Attorney of Public Advocates and Juliet Brody, Professor of Law, Stanford Law School and co author of Win Win Paying Landlords and Keeping California's House, a report by Stanford Law School Law and Policy Lab. Thank you very much.
- Thomas Umberg
Legislator
First witness, please. If you're in support of SB436. Please queue up. Thank you, Professor.
- Juliet Brody
Person
Good evening. Thank you. Mr. Chairman and Members, it's my honor to urge your aye vote on SB436. My name is Juliet Brody and as the Senator said, I'm a Professor at Stanford Law School where I direct a clinical education program called the Community Law Clinic.
- Juliet Brody
Person
I want to be clear, I'm testifying today in my individual capacity and I provide my title and affiliation for identification purposes and as the foundation for my expertise on evictions for non payment of rental, the subject of this very important bill.
- Juliet Brody
Person
Over the course of my 30 plus years career as a clinical Professor, my students and I have represented thousands of low income tenants in eviction proceedings. The majority of them, the overwhelming majority of them, based upon alleged nonpayment of rent.
- Juliet Brody
Person
Indeed, a study I conducted of San Mateo county evictions showed that fully 85% of the evictions in 2023 in San Mateo county were based on non payment. I believe that statewide data show the same.
- Juliet Brody
Person
As the Senator explained, under current law and evict for nonpayment of rent begins when the landlord gives the tenant in writing a three day notice to pay rent or quit. If the tenant neither moves out nor pays the rent within the three days, the landlord can file the eviction on day four.
- Juliet Brody
Person
So if you get the notice posted on your door on Monday, you can get sued on Friday. This is not a meaningful time. This is not a meaningful opportunity to pay the rent.
- Juliet Brody
Person
And while I'm not an expert on mortgages, I can tell you that most mortgage instruments certainly provide mortgage holders more than three days to cure a delinquency. An alleged delinquency in mortgage payments.
- Juliet Brody
Person
I looked at my own just as a matter of interest and saw that it was 29 days that I had to cure a default if I was late on my mortgage payment. I want to offer you two reasons to support SB436. First, again, it creates a meaningful opportunity for a tenant to pay and preserve their tenancy.
- Juliet Brody
Person
And presumably that's what the Legislature intended in giving a right to pay at all. Most of my clients are hard working heads of household. They miss rent on the first of the month, if a boss cuts their hours, they face unexpected medical expenses or a roommate takes off without warning.
- Juliet Brody
Person
These tenants want to pay their rent and many of them, if given a few more days, will be able to. The difference between three and 14 days is the difference between an illusory right to pay and a meaningful one.
- Juliet Brody
Person
Second, SB436 spares the judicial system unnecessary cases and prevents landlords from incurring often unrecoverable court costs and attorney's fees. The California eviction process has always included a right to pay rent and preserve the tenancy.
- Thomas Umberg
Legislator
Again, with some trepidation, I'm going to have to ask you to.
- Juliet Brody
Person
Thank you. I will close by. Just saying, landlords of course are entitled to summary process for eviction and the modest extension of days that SB436 provides is reasonable. I respectfully urge your Aye vote.
- Suzanne Dershowitz
Person
Good evening Chair and Members. My name is Suzanne Dershowitz. I'm a senior Staff Attorney at Public Advocates, a nonprofit law firm and advocacy organization, and proud co sponsor of SB436.
- Suzanne Dershowitz
Person
Extending the three day notice to pay rent or move out to 14 days would help to significantly decrease evictions among low income renters disproportionately made up of single parents, children and people of color.
- Suzanne Dershowitz
Person
Under current law, as you've heard tonight, California renters receive only three days to pay before the landlord can begin the fast tracked eviction court process to force them from their home. Many low income families do not have savings and so a single unexpected expense can lead to a late rent payment.
- Suzanne Dershowitz
Person
SB436 would give renters with no other housing options additional time to get help to pay and stay in their homes. In this housing market, with over half of renters spending more than 30% of their income on housing, Californians need every chance they can get to stay stably housed.
- Suzanne Dershowitz
Person
The extra days give renters time to access public benefits, apply for rental assistance, get another paycheck, secure a loan or find a lawyer and avoid eviction. 14 days is reasonable, especially given that renters have no right to keep beyond this initial notice period. And we know it works in other states that require 14 day notice.
- Suzanne Dershowitz
Person
Extending the notice period would also allow both parties to avoid the expense of an unnecessary eviction when the tenancy could be rescued with just a few extra days to pay. SB 436 is a homelessness prevention bill.
- Suzanne Dershowitz
Person
A 2018 study by the National Law Center on Homelessness and Poverty found that evictions are a direct cause of homelessness either immediately or after. Social safety networks are exhausted as we struggle with the highest rate of unsheltered homelessness in the nation.
- Suzanne Dershowitz
Person
At a time when eviction filings have surpassed pre pandemic levels and rising rents are outpacing wages, we must do all we can to stabilize housing for the 45% of California households across the state who rent for all these reasons. On behalf of the sponsors and more than 60 organizations in support, we ask for your Aye vote.
- Thomas Umberg
Legislator
Others in support of SP436, please queue up. Your name, your affiliation, your position.
- Shane Henson
Person
Good evening Chair, Members. Shane Henson, with Inner City Law Center and the Los. Angeles Right to Counsel Coalition. The Los Angeles Right to Council Coalition is a co sponsor of this bill and Inner City Law center supports the bill. Both organizations respectfully request an Aye vote. Thank you.
- Shanti Singh
Person
Hello. Shanti Singh, Legislative Director, Attendance Together we are also a co sponsor. On behalf of our 60 Member organizations across California, we request your Aye vote. Thanks.
- Brandon Knapp
Person
Brandon Knapp representing Housing California in support. Thank you.
- Elon Fernandez
Person
Elon Fernandez, California Labor Federation in support. Thank you.
- Benjamin Henderson
Person
Benjamin Henderson, co sponsor with the Western Center on Law and Poverty in support.
- Brian Augusta
Person
Brian Augusta, on behalf of the California Rural Legal Assistance Foundation, National Housing Law Project and Public Council and support.
- Carrie Weston
Person
Carrie Weston, Public Affairs representing Oakland and all home in support. Thank you.
- Christopher Sancho
Person
Christopher Sancho, the Asian Americans Advancing Justice Southern California in strong support.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in sports support of SB436, please approach. Seeing no one. If you're opposed to SB436, please approach.
- Amber Madison
Person
Good evening Chair. Amber Madison California Apartment Association we respectfully oppose the bill. While we appreciate the proposed deletions in the bill, the remaining provision will make rent due in the middle of the month. This would turn landlords into creditors, a position, especially in today's economy, that they are unable and frankly unwilling to maintain property owners.
- Amber Madison
Person
Owners rely upon rent to pay their mortgage, insurance, maintenance costs, utilities, government taxes and fees, and employment costs, employee costs, excuse me, which in most cases are due sooner than the time that the bill's proposed 14 day delay would would come due.
- Amber Madison
Person
If SB436 were to become law, is it realistic for landlords to expect their employees or banks or the government to extend their deadlines as well?
- Amber Madison
Person
In the analysis, the proponents argue that a landlord who fails who falls behind on their mortgage would have up to six months to redeem their property after defaulting, ignoring the implications to a person's credit score.
- Amber Madison
Person
The statement is misleading because the redemption process would actually require the homeowner to not just pay back what is owed during that six month period, but but the homeowner would have to pay the entire mortgage balance plus all accumulated fees and interest in order to save their property.
- Amber Madison
Person
According to Redfin, the median sales price last month in Sacramento county for a single Family home was over $535,000.
- Amber Madison
Person
So if we take the statement from the proponents at face value, a landlord of a single family home could, if their tenant stopped paying rent for that six month period, redeem their property by paying over $535,000 in one single lump sum payment. In reality, we all know this is not possible.
- Amber Madison
Person
Instead, what would happen if this Bill were allowed to be written into law is that any mom and pop landlord would be driven from the market. Also, investment in California from a financial perspective would be deemed extremely risky for the same reason. Thank you very much. We could wrap it up.
- Thomas Umberg
Legislator
Thank you. All right, anyone else who's opposed to SB436, please approach. If you're opposed to SB436, please line up.
- Bernice Krieger
Person
Bernice Jimena Krieger with the California Association of Realtors with respectful opposition.
- Oracio Gonzalez
Person
Horacio Gonzalez with California's Business Round Table in opposition.
- Thomas Umberg
Legislator
Thank you. All righty, thank you. If you're opposed to SB 436, please queue up.
- Jack Schwartz
Person
Jack Schwartz, California Rental Housing Association and East Bay Rental Housing Association in opposition, please vote no.
- Thomas Umberg
Legislator
Thank you. All right, seeing no one else approaches the microphone, let's bring it back to Committee. Senator Wiener.
- Scott Wiener
Legislator
Thank you. Sorry. Apologize for my voice. Thank you, Mr. Chair. So I'll, I'll be supporting this bill today. I, and I'm really pleased with the amendment. When I first read the original bill. Let me, let me back up.
- Scott Wiener
Legislator
I, way back when I was a younger, newer attorney, I spent a number of years doing Pro Bono work representing low income renters who were facing eviction. And there were sort of two, there were three categories. There were the no fault evictions, which are their own.
- Scott Wiener
Legislator
Then there were the ones based on different kinds of nuisance or problematic, problematic behavior. And then there was the failure to pay rent. And I always remember thinking that, that like three days is so fast and especially if someone doesn't see the notice for whatever reason.
- Scott Wiener
Legislator
And then all of a sudden it's two days or a day and a half and, or it could be, you know, they're away for a few days and they don't see it. And it always seemed too short to me.
- Scott Wiener
Legislator
So when I read the original bill, it seemed like sort of a lot that you could pay at any point in the litigation. And I remember thinking to myself, why don't we just extend the three days to give people more space to be able to pay.
- Scott Wiener
Legislator
And I'm appreciative for the author and the Chair working together on that amendment. So I'm happy to support the bill in terms of any mechanical issues like what the opposition was saying. This is early in the legislative process. Mechanical issues can be worked out to make sure that landlords are able to implement this.
- Scott Wiener
Legislator
And I'm confident that work will happen. And so I'm happy to move the bill.
- Thomas Umberg
Legislator
All right. Other questions? Seeing no other questions, Senator Wiener moves the bill. All right. Senator Wahab, would you like to close?
- Aisha Wahab
Legislator
Thank you. I will address the comments of our opposition. I will highlight that most of it was based on the bill in print, not necessarily the amend. We have addressed a lot of the concerns here. Again, we are extending the notice date, which I think, again, is still very short.
- Aisha Wahab
Legislator
But at the same time, it allows people to actually be able to absorb funds from some other, whether it's a rental assistance program, family advance payment, whatever the case may be, as well as be able to keep people housed longer and prevent a bad record. So I respectfully ask for an Aye vote.
- Thomas Umberg
Legislator
Alrighty. Thank you. I'm 82.6% sure you accepted the amendments.
- Aisha Wahab
Legislator
But I did accept the amendments, and I thank the Committee for it.
- Thomas Umberg
Legislator
All right. Thank you. Okay. Committee Assistant Porter, please call the roll.
- Committee Secretary
Person
This is file item 46, SB436. The motion is do pass as amended to Senate Appropriations. [Roll Call] Seven to one.
- Thomas Umberg
Legislator
Seven to one. That's on call. All right. Senator Wahab, did you have another bill with witnesses? We're doing our best we can right now to accommodate those who have witnesses who have flights. Thank you.
- Aisha Wahab
Legislator
Thank you. So, Chair, colleagues, and members of the public, I'm here to present with my joint author, Rosilicie Ochoa Bogh. This is bipartisan bill. SB 722 specifies that from January 1, 2026 to January 1, 2031, any new construction of a single family home, townhome, and condos may only be purchased by a natural person.
- Aisha Wahab
Legislator
We must actively protect our supply of single family homes, townhomes, and condos in order to improve home ownership in California and curb the inflated demand created by these corporations that are able to out pay and out resource natural people. I want to highlight that 94% of the entire United States believes that home ownership is the American Dream.
- Aisha Wahab
Legislator
I want to highlight that it's also regardless of party affiliation. Presently corporations are devouring available land to create homes that will be rental properties in perpetuity. As a tenant in one of these rental properties, there is no promise of ever being able to purchase one of these corporate owned homes you may be living in.
- Aisha Wahab
Legislator
These corporations are pricing out the average Californian and will reduce in the long term the market because a house is long term investment that they can profit from over decades, whereas for a family in California, a house they own becomes a predictable expense in their cost of living.
- Aisha Wahab
Legislator
And opponents will say that large corporations only own a very small percentage of single family homes in the state. However, that claim completely disregards the concentration of some of these large corporations in specific neighborhoods and communities and also the lack of true data of who owns these properties. Additionally, no amendments were proposed by the Committee.
- Aisha Wahab
Legislator
However, I am very much committed to narrowing the limitations on the sales and transfers to ensure they only apply to the subsequent sales of new construction from January 1, 2026 to January 1, 2031 and working with opponents on their concerns. With me, again, I have Senator Ochoa Bogh who would like to also make comments. Thank you.
- Rosilicie Ochoa Bogh
Legislator
Thank you, Mr. Chair and Members. Thank you for the opportunity to be able to speak in conjunction with Senator Wahab on Senate Bill 722. I'm proud to join her efforts in as a joint effort author today. The Senator from Hayward and I have been in discussion on the bill for several months. I appreciate all of her due diligence to include me in the conversation.
- Rosilicie Ochoa Bogh
Legislator
I also appreciate all of the conversations both she and I have had with many realtors across the state to learn more about their perspective and ensure that this bill truly gets to the heart of the issue, which is ensuring that our our first time home buyers have an edge in today's economy to be able to purchase a home. As mentioned by Senator Wahab, it is the cornerstone of the American Dream.
- Rosilicie Ochoa Bogh
Legislator
As a realtor who did a lot of transactions in my area, I can tell you that our first time home buyers, especially the State of California where the median price of a home is over $800,000, it is incredibly difficult to be a first time home buyer in our state. With the down payment requirements and the cost of the median house in the State of California, it's making it more difficult to be able to purchase.
- Rosilicie Ochoa Bogh
Legislator
So every edge is important. As a realtor, I remember my first time home buyers having to compete with many investors who are coming in with cash, a lot of capital. And so when you have a first time home buyer who needs additional help with their closing fees and the cost of closing cost in their transaction versus someone who's coming in and saying, hey, we'll give you a cash offer with no requirements, no fees, nothing being asked of you, except perhaps closing in two weeks or a week when possible and feasible.
- Rosilicie Ochoa Bogh
Legislator
It was challenging because as a seller's representative, you would always prefer the higher cash, easier transaction, no closing costs required, and no inspections required. So this bill would actually allow and ensure that those homes that are first built and only for five years.
- Rosilicie Ochoa Bogh
Legislator
Because I remember Senator Wahab wanting to do this for 10 years, and I said, no, can't do it for 10 years. But I could support a five year study, or not a study, but actually a trial to be able to ensure that we actually see whether or not this would actually help our first time home buyers in our State of California.
- Rosilicie Ochoa Bogh
Legislator
So I started actually presenting the bill idea to some of my colleagues in the real estate field in my area. And actually there was a lot of actual support of the principle of helping our first time home buyers in this state become homeowners and not have to compete with investors with a huge amount of capital.
- Rosilicie Ochoa Bogh
Legislator
I know this is a very unusual premise for, especially for Republicans, but in the case that we are, in the setting that we're facing right now as Californians with the cost of living and with the inventory being so limited in our state, I think every little edge that we can do to ensure that Californians have, especially first time home buyers. And now I'm publicly going to say, you know, my daughter just got engaged and, you know, my hope is that one day she will be able to purchase a home here in California not too long from now.
- Rosilicie Ochoa Bogh
Legislator
So with that, I wholeheartedly ask for an aye vote on this, on this measure, and I thank Senator Wahab for being brave enough to take on this measure and start working with the realtors, which when we connected I said the first thing you have to do is you have to talk to the realtors and get their perspective. So I am so grateful that she's been willing to have various conversations with the realtors to see, you know, their perspective to ensure that we protect all of our home buyers in the State of California.
- Aisha Wahab
Legislator
Thank you. And I also just want to highlight we do have a witness, Shanti Singh from Tenants Together. I also just want to highlight that we are working with the realtors. We will have brief commentary by one of the representatives, but that's a work in progress. And again, our witness is here to testify.
- Shanti Singh
Person
Thank you, Chair Umberg. I am here actually pinch hitting for my colleague Zachary Murray at the Alliance of Californians for Community Empowerment. He had to fly home, so I'll keep this quick. I know a lot of us are in the same boat. But ACCE, Alliance of Californians for Community Empowerment, a community organization with over 18,000 low and moderate income dues paying members across the state.
- Shanti Singh
Person
Many are working class renters who are struggling to keep a roof over their heads and many of them are victims of corporate landlord abuse, unreasonable rent hikes, and junk fees. Something we also see at Tenants Together. As corporate landlords acquire more and more of our state and our nation's housing stock.
- Shanti Singh
Person
What is even more prevalent is that for many of these actors, their goal is not to be a good housing provider, it is to push out the current low income or working class tenants so that they can then extract more money out of the property. Low and moderate income renters should not be an ATM for large corporations to extract from at their will.
- Shanti Singh
Person
We are losing naturally occurring, somewhat affordable housing at alarming rates as corporations use housing as an asset to reap big financial rewards for Wall Street investors. Take ACCE member Barbara Pinto in San Diego. She turns 80 next year. She spent decades working for the school district and was renting an apartment owned by Blackstone, the global private equity firm.
- Shanti Singh
Person
After multiple high rent increases, she lost her home and faced with the near impossibility of finding anything she could afford, she has gone back to work at 80 and does not see a time when she will be able to stop. The stories of seniors like Barbara and other struggling families are all across the state in all of your districts. All seniors should be able to retire with dignity, and yet seniors represent the fastest growing population of unhoused people.
- Shanti Singh
Person
Over the past decade and a half, capital of all sorts has flooded real estate, sending prices higher in search of higher returns. Institutional investors, such as pensions and insurance companies, pumped money into big private equity firms and that became ever larger landlords. The companies offer funds tailor made to a specific risk strategy, value added opportunistic funds.
- Shanti Singh
Person
Those the LA Times included in the recent analysis are a little more mercenary, said Jeffrey Hooke, a senior lecturer at Johns Hopkins University and former private equity executive. They'd be more open to kicking out poor people and jacking up rents to earn the high returns opportunistic and value add funds...
- Shanti Singh
Person
All right. Yes, well, housing is a human right, and we really respectfully request your aye vote. So thank you.
- Jennifer Svec
Person
Mr. Chair, Members of the Committee. Jennifer Svec on behalf of the California Association of Realtors. The California Association of Realtors has prioritized ownership housing over everything essentially. Generational wealth is the only way in which families are able to amass the opportunities for both housing stability as well as generational wealth for their children and to get good educational outcomes going forward.
- Jennifer Svec
Person
We've proudly sponsored AB 2170 in 2022 to ensure that REITs could no longer buy foreclosed properties, which are the most afford to entry level ownership housing opportunities. We've also supported legislation previously that allows buyers that are seeking to be owner occupants to compete with REIT purchasers of new construction.
- Jennifer Svec
Person
This year, our board of directors is currently considering policies related to SB 722, and specifically right now we have a recommended support position coming through our board of directors related to the opportunity to ensure that homeownership remains available to our families on a go forward basis and to ensure that they have the opportunity for the California dream as well.
- Jennifer Svec
Person
And while REITs are extraordinarily important in the stock market, it seems to be that our housing supply continues to diminish in the State of California, as we've seen our median price of housing triple over the last decade, which oddly enough coincides with when the Great Recession happened. With that, for now, we respectfully ask for an aye vote. And while we have a couple of technical amendments that will probably work out with the author, we think that this is something that we should continue to have a conversation about. Thank you.
- Holly Fraumeni
Person
Holly Fraumeni De Jesus with Lighthouse Public Affairs on behalf of Habitat for Humanity in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support of SB 722, please approach the microphone. Seeing no one else approaching. If you're opposed to SB 722, please approach the microphone. Or if you're opposed, please queue up actually.
- James Lites Ii
Person
Good evening, Mr. Chair and Members. Jim Lites on behalf of the National Rental Home Council. Unfortunately, this bill will actually discourage financing of construction of new housing units and creates a real policy disconnect in the state. Our state pension funds are playing a role in new housing construction.
- James Lites Ii
Person
They are financing projects and the investment requirements hold that once the development is completed and about 80% leased, it must be sold in its entirety. Often these are deals that would be an eight figure price tag where seldom would you have a natural person that could afford that.
- James Lites Ii
Person
And so if you can't have an entity come in and purchase a development once it's completed, then we could see discouragement of our pension funds from investing in new housing construction and helping us get out of the housing crisis that we're in. So we ask for a no vote. Thank you very much.
- Embert Madison
Person
Embert Madison, California Apartment Association. Again, I will keep my remarks brief. According to the California State Library, 1.9% of single family homes in California are owned by institutional investors. The majority of these homes were purchased on the heels of the Great Recession over a decade ago.
- Embert Madison
Person
So suffice to say, there is no institutional boogeyman gobbling up single family homes in our state. The data simply does not support that conclusion. Therefore, it seems like SB 722 is the solution looking for a problem. More so, it is a bill that will cause more problems than it would potentially solve by making it harder to sell homes.
- Embert Madison
Person
For all of the reasons mentioned in Mr. Lites' testimony, it will harm those who own real estate. And for many legitimate business reasons and many privacy reasons, people can and should be able to hold title to real estate in a business entity. For example, our very own Governor recently purchased a property in an LLC when he relocated. For these reasons, I will respectfully ask for a no vote at the proper time.
- Thomas Umberg
Legislator
Alrighty, thank you very much. This is the proper time. So, all right. Others opposed to SB 222? Actually 722. Anyone else opposed? All right.
- Paul Bauer
Person
Hi. Good evening, Mr. Chairman and Members. Paul Bauer on behalf of Heritage Development Corporation in opposition to the bill.
- Thomas Umberg
Legislator
Thank you. Anyone else? Seeing no one else opposed, let's bring it back to Committee. Questions by Committee Members? No questions by Committee Members. Okay. If I could just, one of the things that I'm concerned about is the diminished supply of... Excuse me. Not the diminished supplies, the inadequate supply of housing in California.
- Thomas Umberg
Legislator
And so in my analysis of the bills, I sort of look to see does this increase or decrease the investment in, for example, housing supply? And if I could ask your expert or the witness whether they believe that this increases or decreases the... Oh, witness left. All right. Oh, here we go. So from the Realtors' perspective, does this increase or decrease the housing supply?
- Jennifer Svec
Person
I think, unfortunately, we've done a lot in the last 10 years to try to increase housing supply and see no increase in the number of units that are constructed for the ownership model. Specifically, what I'll point to is in 2007-2008 we were able to construct over 200,000 units. Prior to 1970 or 1980 is what most of our housing stock even today is. We have constructed less housing since the implementation of Title 24 than we did before Title 24.
- Jennifer Svec
Person
The last 10 years we've done a lot to try to do by right construction, but we've seen a dramatic slowing in the single family home construction market where most things that are constructed are apartments or multifamily properties more than they are home ownership. It's cut down in almost half when you look at the data from this year's budget...
- Thomas Umberg
Legislator
Quick question. Do you think that we have a supply issue with respect to housing in California? Do we have too much or too little housing?
- Thomas Umberg
Legislator
Do you think this bill will increase the supply of housing, not do anything to supply housing, or decrease the supply of housing?
- Jennifer Svec
Person
Decreasing the supply of housing at this point would be almost impossible given that between wildfires we've lost 75,000 units over the last five years. That's not going back.
- Jennifer Svec
Person
I think it increases the supply of ownership housing, which right now we're looking at less than half of 80,000 units constructed this year that were not ADUs being single family homes. And most of those are not going to owner occupants. They're going to corporations.
- Thomas Umberg
Legislator
Just so I understand, you think that most homes being purchased in California right now are being purchased by corporations?
- Jennifer Svec
Person
New construction. So most new construction is not going out into the market for resale later. A lot of it's going into portfolios.
- Thomas Umberg
Legislator
I see. Okay. I don't have any further questions. Any other questions? Comments? Is there a motion?
- Scott Wiener
Legislator
So I do think we have an issue with large corporate entities snapping up especially existing supply in the country. As the analysis points out, it's much less of an issue in California. There are parts of the country where we have like private equity or other corporate structures snapping up lots of existing.
- Scott Wiener
Legislator
And that happened during the foreclosure crisis, and it was good that there were some, you know, some laws passed to address that. But this bill is about the new. And so to me it's a different issue than someone coming in and just buying up thousands of homes of existing supply.
- Scott Wiener
Legislator
Because we do need to do whatever we can to encourage construction of every single type of housing, including single family, and any kind of housing is probably going to go through different generations of whether it's owned, whether it's rented. There are a lot of single, even before the changes with private equity, there were always a lot of single family homes that were being rented out.
- Scott Wiener
Legislator
I don't know what the percentage was, but I think there's a perception that historically single family has always been about ownership and it's always been a mix. Majority ownership, but there's been a lot of rental as well. So that's why I think, you know, this, I'm not going to be supporting the bill today.
- Scott Wiener
Legislator
There is a version of this bill I could support. I do think that addressing sort of the mass ownership of these homes is something that I think can be an issue and I would like to see something done about it. This goes way beyond that. And I appreciate the intent behind the bill, but it just goes a little too far for me. So I hope that if the bill passes then on to the races. If it doesn't and it gets reconsideration, I would be, you know, more than happy to engage with the authors on a form of the bill that I would be able to support.
- Aisha Wahab
Legislator
Through the Chair, we'd also like to just address some of the commentary. First and foremost, again, I also agree that all forms of housing should be developed and this is, again, primarily for new construction. It also highlights, you know, in the data that we have to address some of the questions.
- Aisha Wahab
Legislator
Number one is that, prior to 2008, the majority of single family homes, condos, and townhomes were owned by individual persons. Post, and a lot of the data clearly shows that, it has been larger corporations. I always forget the one, Blackstone in particular as well as others that have been purchasing up the land, the homes.
- Aisha Wahab
Legislator
I will say that. I do also want to highlight that a study from the Dangerous Rise of the Build to Rent Communities in the USA January 2024 University of Miami concludes the biggest problem facing home ownership would be build to rent communities. States the demand for build to rent communities is tied to the ability or lack thereof to afford home ownership.
- Aisha Wahab
Legislator
And that is one of my biggest concerns as Chair of Housing is that we need to re-emphasize and reprioritize home ownership. This is how we build generational wealth. This is how we get more people housed long term because of the mortgages rather than the ever increasing rents that are non-stop increasing with additional junk fees and much more. So I'm going to also allow my joint author to make a comment as well.
- Rosilicie Ochoa Bogh
Legislator
I just want to state that I think I want to echo everything that has just been said about the availability of homes to be able to be purchased. I think we're looking at this, at this period of time and why I think it's a very, very important measure to consider and to support is the fact that the cost of housing right now is extremely expensive.
- Rosilicie Ochoa Bogh
Legislator
And the majority of the folks that can come in right now and into the market is really, many of them are actually investors. It's very, very competitive right now to have and ensure that a first time home buyer has a chance. I mean, when you look at the market, I've just been looking at homes in my area just recently. I still hold my real estate license because you never know, this job is not forever, so I have to secure my living moving forward.
- Rosilicie Ochoa Bogh
Legislator
But when we look at the inventory, a starter home right now, a two bedroom, two bath home in the mid $300,000. When we look at that price and you're looking at folks that actually can actually afford that, investors are coming in and they're beating out our first time home buyers. They need an edge right now to be able to actually have a chance at the market right now.
- Rosilicie Ochoa Bogh
Legislator
So this is why I think it's incredibly important, especially as someone who has worked with first time home buyers quite a bit and understanding how disappointing it is to be outbid every single time, especially depending on the area that you're living in. Especially in areas like myself in the Inland Empire where, you know, in comparison to a lot of the part of the state, it is the most affordable place.
- Rosilicie Ochoa Bogh
Legislator
Investors are coming in from San Diego, from LA, even the Bay Area to invest in our areas. Why? Because they can afford to buy those properties as investment properties. So I really want to encourage your support on this bill because it is incredibly necessary. Our first time home buyers need a chance. And so anyway, I'll leave it at that, and I wholeheartedly ask for your support.
- Thomas Umberg
Legislator
All right, thank you very much. Is there a motion? Senator Ashby moves the bill. Would you like to close?
- Aisha Wahab
Legislator
I just, I understand some of the concerns. I think housing has been one of the most sensitive topics that we can talk about. And yet at the same time I want to really protect the effort for a first time buyer, right. Individual human beings, not corporations.
- Aisha Wahab
Legislator
And I think that a lot of the efforts that have been talked about and promoted and the rhetoric around housing has always been the investment, investment, investment for larger corporations, rental properties, much more. And there's room for all of that, however, for home ownership and really protecting the American dream, again, a bipartisan effort.
- Aisha Wahab
Legislator
We need to be able to allow people to actually purchase a home individually as human beings, as, you know, single moms, you know, fresh college grads, or people that have earned and work their entire lives for a down payment. We are investing significantly to keep people housed. We are investing significantly to...
- Aisha Wahab
Legislator
In our, you know, homeless shelters and much more. We're investing in down payment assistance programs. But we're not addressing the real concern, which is regular people cannot compete with corporations, and we have to do something if we truly, truly care about homeownership opportunities for all regular people. So I respectfully ask for an aye vote.
- Committee Secretary
Person
This is file item 49, SB 722. The motion is do pass to Senate Appropriations. [Roll Call] Three to two.
- Thomas Umberg
Legislator
Alrighty, we'll put that on call. Thank you. All right, Senator Wahab, you have... Actually, Senator Caballero. Do you have other witnesses here, Senator Wahab?
- Thomas Umberg
Legislator
No. Okay. Senator Caballero, do you have your witnesses here? Okay, Senator Caballero, as witnesses waiting. So if you want to go next.
- Thomas Umberg
Legislator
Whichever one you have witnesses here for. What we're going to do is we're trying to accommodate those who have witnesses that have to leave. So if you've got a bill where witnesses have to leave--
- Anna Caballero
Legislator
Thank you, Mr. Chair and Members. I'm pleased to present SB466 which will provide narrow legal protections against unjust and costly third party lawsuits for water providers who are in full compliance with an approved or pending chromium-6 maximum containment level or MCL Compliance Plan.
- Anna Caballero
Legislator
I would first like to thank the Chair and the Committee staff and accept the Committee amendments. Chromium is a naturally occurring metal found in the Earth's crust under certain conditions. Chromium-3 can oxidize to chromium-6.
- Anna Caballero
Legislator
While chromium-6 is most dangerous when inhaled, it is also toxic when ingested in high concentrations over a long period of time. The exact health risk of low level drinking water exposure remains a subject of ongoing scientific investigation and dispute.
- Anna Caballero
Legislator
In 2014, the State Water Resources Control Board adopted a chromium-6 MCL at 10 parts per billion ppb in drinking water, an amount five times lower than California's standard and 10 times lower than the U.S. Environmental Protection Agency standard.
- Anna Caballero
Legislator
The new regulation is effective 2024 and provides public water systems with a limited compliance period to meet the new chromium-6 standard of 10 ppb. Depending on the number of connections, public water system must comply with the new standards between '26 and '28.
- Anna Caballero
Legislator
Achieving compliance within this time frame is simply not feasible for many water systems due to the need for significant infrastructure upgrades and the financing required to comply.
- Anna Caballero
Legislator
Water system engineering feasibility studies indicate that the realistic time required to plan, design, permit and construct new treatment systems to comply with the MCL is best case scenario between four to six years. Let me be very clear.
- Anna Caballero
Legislator
Water providers do not seek relief from enforcement by the State Water Board, nor are they requiring requesting additional time to comply. Water providers have great concern about potential third party litigation, particularly after the water systems provide a public notice of exceedance of the MCL, which is required by the State Water Board regulations.
- Anna Caballero
Legislator
Any litigation must be defended at great cost and expense to water providers in spite of their implementation of State Water Board approved compliance plan and best efforts to work toward compliance. These are costs that will be paid by the ratepayers.
- Anna Caballero
Legislator
SB 466 protects public water systems from civil lawsuits so long as the Water System is implementing and in compliance with State Board approved chromium-6 MCL compliance plans. The bill does not permanently shield a water provider from any harm caused and does not affect in any way the State Water Board's robust enforcement authority.
- Anna Caballero
Legislator
SB 466 is a reasonable and temporary measure to protect water providers from unnecessary litigation and to allow them to stay focused on providing safe and affordable drinking water to the communities they serve. I respectfully request your aye vote.
- Anna Caballero
Legislator
And I've got the witnesses, some of whom have left, so they're different witnesses, and so I want to invite them to come forward. My apologies. I've got them in my phone. It's over there.
- Ashley Walker
Person
Good evening, Chair, Members. Yes, the Mayor of the City of Los Banos regretfully had to leave. So you have me tonight. Ashley Walker with Nossaman, representing the City of Los Banos, which is a community of nearly 50,000 residents located in the Central Valley.
- Ashley Walker
Person
I'm here today to support SB 466 and thank the Senator for her leadership and authoring this important legislation. Like many small and disadvantaged communities across California, we face a very real and growing challenge, naturally occurring chromium-6 in our groundwater supply. Every one of our municipal wells in the city exceeds the newly adopted MCL level for chromium-6.
- Ashley Walker
Person
The city is fully committed to protecting public health and to meeting the new MCL standard. However, achieving compliance is going to require extensive infrastructure upgrades and costly treatment technologies. Preliminary estimates suggest that compliance in our city could cost up to $70 million, which would require water rates to increase by more than 100%.
- Ashley Walker
Person
SB 466 provides a narrow and targeted legal shield, ensuring that water agencies actively work towards compliance under a state-approved compliance plan that they are not subject to costly third party civil lawsuits. The bill does not diminish the enforcement of the State Water Board in any way.
- Ashley Walker
Person
It simply ensures that while we're following the rules, we're not forced to divert ratepayer dollars towards expensive litigation, rather towards the actual treatment solutions.
- Ashley Walker
Person
We've been through this before in 2014, when the original chrome-6 MCL was adopted and the City of Los Banos and the City of Vacaville were both sued by third parties even while adhering to state approved compliance plans. This legislation is about fairness, fiscal responsibility, and ensuring public health dollars are used for public health services solutions.
- Ashley Walker
Person
On behalf of the city, we requestfully respect or requestfully request your-- I'm sorry, it's late. Request your support of SB 466 and thank you again, to the Senator for being a leader on this important issue.
- Steve --
Person
Thank you, sir. Steve appearing for the Coachella Valley Water District, who also had to leave to catch the plane back to Palm Springs. I'll also be standing in for the attorney who will try to-- I'll try to answer technical questions, if there are any.
- Steve --
Person
Coachella Valley Water District has complied with the existing standard by blending water. They were able to meet the existing standard by taking some clean sources and combining them. However, with the standard going to 10 parts per billion, that's impossible. It's mathematically impossible. They're going to have to build a dedicated facility.
- Steve --
Person
But I think it needs to be said that everything that's been done in the past continues to happen during this implementation period. So the prior standard, because of the facilities they built, we'll continue to meet that standard as we build the facilities to then meet the 10 parts per billion standard.
- Steve --
Person
This regulation, however, is written somewhat uniquely in that while we're going through this implementation period, we have to issue that Public Tier 2 notice almost immediately. Coachella Valley Water District anticipates that they will meet the criteria for reporting this year.
- Steve --
Person
So even though they have a two year compliance period and a four to six year billing period, they will be issuing that public notice starting this year and then it repeats quarterly every quarter that they meet the testing requirements, which they anticipate they will until their facilities come online.
- Steve --
Person
So just to be clear, we will continue everything that meets the prior standard and we will be doing this notice as we're going and is in fact, that is why we brought asked this bill to be brought forward, because we're doing this notice for years in advance of that facility coming online. And that's why we're here.
- Steve --
Person
So I'll answer any questions if I can. And thank you. And thanks to Senator Caballero for bringing the bill.
- Oracio Gonzalez
Person
Mr. Chairman, Members. Horacio Gonzalez, on behalf of the City of Coachella and the Community Water Systems Alliance, in strong support. Thank you.
- Chelsea Haines
Person
Chelsea Haines with the Association of California Water Agencies, in strong support.
- Mark Smith
Person
Mark Smith, on behalf of the Grassland Water District, the public and private managed wetlands that wholly surround the City of Los Banos, in support.
- Ross Buckley
Person
Good evening, Mr. Chair, Members. Ross Buckley, the City of Sacramento's Department of Utilities, in support.
- Jay Snacker
Person
Thank you, Mr. Chair. Jay Snacker on behalf of the California Municipal Utilities Association, also in support.
- Thomas Umberg
Legislator
Thank you very much. All right. If you're opposed to SB 466, please approach the microphone.
- Saveena Takhar
Person
Good evening, Mr. Chair, Members. Sabina Tacker with the Consumer Attorneys of California with an opposed unless amended position. We're very concerned about providing legal protections to injured parties simply because government regulation is being developed. While we appreciate the author's amendments to require compliance, we believe more needs to be done. Thank you.
- Thomas Umberg
Legislator
Thank you. Others opposed to SB 466. Seeing no one approaches the microphone, let's bring it back to Committee for questions by Committee Members. Committee Members with-- Yes, Dr. Weber Pierson.
- Akilah Weber Pierson
Legislator
Thank you, Chair. Thank you, Senator Caballero, for bringing this bill forward. So what is the time period that these public water systems would have immunity from a civil case?
- Anna Caballero
Legislator
During the time that they are actively doing the-- effectuating the compliance report that's required by the Water Board. In other words, they have to prepare and send into the Water Board a compliance plan. That compliance plan has to be approved. And once they receive the compliance plan, that's when they are immune from--
- Anna Caballero
Legislator
They're not immune from all lawsuits. They're immune for lawsuits for not meeting the state requirement of 10 parts per billion. And then they have to be putting in planning, designing and putting in the hardware, if you will, to be able to-- It's their filtration systems frankly, is what are required.
- Anna Caballero
Legislator
So they have to build. They actually have to build. So finance and build these facilities. And so during that period of time is when they would be free from civil litigation for not meeting the standard. If someone gets hurt, that's a different issue, but for not meeting the standards.
- Anna Caballero
Legislator
Because right now, once what is triggered is the state requirement to get to 10, they have to notify their ratepayers of that.
- Akilah Weber Pierson
Legislator
So you're trying to prevent people from suing because they haven't met the standard. But if someone actually does get an illness, cancer, that they can link to this particular molecule, then they still would be able to--
- Thomas Umberg
Legislator
All right, other questions. Seeing no other questions, is there a motion? Senator Ashby moves the bill. Senator Caballero, would you like to close?
- Thomas Umberg
Legislator
Thank you very much. Committee Assistant Porter, please call the roll.
- Committee Secretary
Person
This is file item 40, SB 466. The motion is do pass as amended to Senate Appropriations. [Roll call]
- Thomas Umberg
Legislator
All right, 10-0. We'll put that on call. If there are no other Members that have witnesses here, I actually have witnesses here on another bill. You have another bill with witnesses?
- Anna Caballero
Legislator
Thank you very much, Mr. Chair, for the opportunity to present SB 769, which will establish the Golden State Infrastructure Fund to help finance critical infrastructure projects across California. Existing infrastructure financing tools are slow, overly restrictive and unable to meet today's complex demands. Federal funding is increasing, increasingly uncertain and unlikely to arrive anytime soon.
- Anna Caballero
Legislator
SB 769 creates a flexible revolving fund to support the financing of large infrastructure projects by reinvesting capital over time without imposing new taxes or fees in California. While tools like the IBank have been affected for localized efforts, they are not equipped to support large scale cross jurisdictional or long term investment.
- Anna Caballero
Legislator
This Bill bridges the gap in how we finance and deliver major infrastructure projects. And supporting the Bill today are Patrick Henning, Chief Deputy Treasurer, and Fritz Pahland, General Counsel for the Treasurer's Office, who is available to answer any technical questions and Eric Will, Policy Advocate for Rural County Representatives of California.
- Thomas Umberg
Legislator
Thank you very much. I understand you've taken the amendments, is that correct?
- Patrick Henning
Person
In a thinly veiled attempt to garner your support. I'll be very brief. This Bill provides the State of California an ability to invest like other states already have, the ability to invest in its future, in our infrastructure. On top of the state treasurer's building, there's the motto, "Bring me men to match my mountains."
- Patrick Henning
Person
I know the Treasurer would like to change that slightly, but at the same time, we need the tools to be able to do that. We have many mountains in California to climb still in front of us. This gives us the fiscal ability to do that. Thank you.
- Eric Will
Person
Good evening, Chair and Committee Members. My name is Eric Will and I am a Policy Advocate with Rural County representatives of California.
- Eric Will
Person
SB 769 is a well structured financing mechanism built from previous programs and statute with a fresh and flexible perspective to solve California's challenges around complex regulatory schemes, a lack of comprehensive funding sources, uncertainty at the federal level, staffing shortages increasing, weather events, and all manner of other things that add to our project backlogs and stunt economic growth.
- Eric Will
Person
Across California agencies are meeting these challenges with unique Combinations of capital stacking, tax increment financing, grants and loans alongside state agency funding partners. But our needs are vast and our tools require clarity and flexibility.
- Eric Will
Person
So we're excited about this measure that would offer a new partnering agency and financing mechanism that is still subject to the laws of of a public entity, but operates with the lens and functionality of public and private finance.
- Eric Will
Person
This non profit entity will adhere to the laws pertaining to open meetings, public access to information and the relevant code of civil procedure sections, ensuring funds are entrusted to it are in compliance with existing laws. The development of an organization and logos focused on holistic statewide financing is a welcome addition for rural communities.
- Eric Will
Person
A centralized finance financing agency can defray administrative burdens, coordinate larger infrastructure projects and ensure that we are at the table when fiscal or programmatic bars have been too high for us in the past.
- Eric Will
Person
Furthermore, we have seen firsthand the value in working regionally to conduct studies and construct infrastructure and believe this measure will spur this type of infrastructure and partnership on. So with that, we respectfully ask for your aye vote when it's time. Thank you.
- Keith Dunn
Person
Thank you, Mr. Chair. Keith Dunn here for the State Building Construction Trades Council asking for your support. Thank you.
- Thomas Umberg
Legislator
Thank you very much. All right, anyone else in support of SB 769? Seeing no one approach the microphone, let's turn to the opposition. If you're opposed to SB 769, please queue up. I see no one approach the microphone. Let's bring it back to Committee. Questions by Committee Members? Not seeing any questions by Committee Members. Senator Ashby has moved the Bill.
- Anna Caballero
Legislator
Thank you. To Senator Ashby. Respectfully asked for your aye vote.
- Committee Secretary
Person
This is file item 41, SB 769. The motion is due. Passes amended to Senate Appropriations. [Roll Call] 11 to 0.
- Thomas Umberg
Legislator
11 to 0. We'll put that on call. Thank you very much. Senator Allen, I understand you have civilian witnesses.
- Thomas Umberg
Legislator
After Senator Allen, I have civilian witnesses also. So, Senator Allen, the floor is yours.
- Benjamin Allen
Legislator
We're going to do SB 766 item's 34. Then we'll do yours. And then I've got some other folks who've been waiting all day. Okay, so let me accept the Committee amendments first which do the following.
- Benjamin Allen
Legislator
They define total price for the purposes requiring the advertised total price to match the total price given to a consumer at a dealership. The amendments also further define what an add-on product or service that provides no benefit to the consumer is to include eight specific worthless add-ons.
- Benjamin Allen
Legislator
We strike some of the record keeping requirements under the bill and classify dealerships not they need not hold onto Google reviews and Yelp reviews, those kinds of things. We further clarify the total price needs only be disclosed once to the consumer.
- Benjamin Allen
Legislator
And we further clarify dealerships need only to disclose once to the consumer that add-on products and services are optional. These are a lot of the issues that have been raised in previous discussions and we wanted to get those addressed.
- Benjamin Allen
Legislator
So this bill is ultimately about trying to add critical consumer protections for car purchasers and car leasers by codifying the Federal Trade Commission's cars rule and establishing a cooling off period for used cars. Unfortunately, late last year, the U.S. court of Appeals for the 5th Circuit overturned the rule, but only on administrative grounds.
- Benjamin Allen
Legislator
Between 2019 and 2023, the FTC reviewed literally over hundreds of thousands of complaints around the country about unfair deceptive sales practices, with car purchasing complaints consistently ranking as a top source of consumer complaint. Californians filed about 15,000 auto related complaints to the FTC each year.
- Benjamin Allen
Legislator
And it's common for unfortunately for some dealers to not be transparent about the full price of the vehicle, the availability of discounts and rebates, the monthly payment, the down payment, whether it's a purchase or a lease.
- Benjamin Allen
Legislator
And these tactics can sometimes cause a lot of harm and confusion for consumers along with harming honest car dealers who are actually trying to do the right thing. So one of the most frequent complaints is we hear from dealers misrepresenting add on services or features that were optional.
- Benjamin Allen
Legislator
There was a case where they discovered that something like 83% of consumers had hundreds or thousands of dollars worth of add on charges added to their contracts without their knowledge or consent.
- Benjamin Allen
Legislator
It's a common problem for consumers to feel like they're getting pressure to agree to purchase a vehicle when they may have been misled on several key points, including the price, the interest, the add on services and features. For used cars in particular, problems with the vehicle might not be initially obvious.
- Benjamin Allen
Legislator
And it's also sometimes we see situations where, you know, affiliation with the Department of Defense or armed forces is used to a purported affiliation is used to make a sale with, you know, potential for repossession of a service member's vehicle.
- Benjamin Allen
Legislator
So we're trying to give people some more time to review the purchase agreement carefully, speak with the trusted person about the purchase, fully inspect the vehicle. So as amended, this could bill gives a three day business day cooling off period that doesn't require consumers to pre purchase the return period.
- Benjamin Allen
Legislator
It would permit dealers to charge a restocking fee. And it also in the end of the day is really about making sure that the price that's advertised is what you're actually going to pay. People show up.
- Benjamin Allen
Legislator
I've heard from so many people now even since I introduced the Bill here in California, folks who went in thinking they were going to spend $30,000 on a car and walked out of there spending $38,000 or $40,000 on a bunch of additional add ons that they were basically led to believe were mandatory.
- Benjamin Allen
Legislator
So with me to speak in support of the bill we have William Bradley, who's a consumer whose experience speaks to the need for this bill and also Rosemary who's here from Consumers for Auto Reliability and Safety.
- William Bradley
Person
Hi, my name is Will Bradley. I am a constituent of Senator Niello. About a year ago I purchased an older model Subaru from a dealer in cash. It was an as is deal. The hope was to spend a little less on a secondary vehicle so my wife and I could purchase a home in the coming months.
- William Bradley
Person
I inspected the vehicle on the lot and asked about rust issues and other material issues with the vehicle and was reassured that the vehicle ran well and was free of rust despite being from Pennsylvania.
- William Bradley
Person
During my little inspection that I did myself, I went under the vehicle and found that it had undercoat sealant covering the entire frame which reassured me that it had been properly taken care of. The salesperson also handed me a clean CARFAX which doubled down on the reassurance.
- William Bradley
Person
After purchasing for $10,000 cash, I drove home and within the next two days I heard rattling which I went to inspect further up on jack stands and found that the undercoat sealant had been hiding rust holes in the frame and the body over top a layer of duct tape.
- William Bradley
Person
So these issues were corroborated by multiple mechanics and I have had to go into a litigation process that has the promise of taking up to about two years from the purchase date.
- William Bradley
Person
Had I been able to take advantage of the cooling off period, I would probably be in a home that I own today instead of going through this lengthy litigation process and I would not have had to purchase a secondary vehicle to replace that first one. Thank you.
- Rosemary Shahan
Person
Mr. Chair and Members. Rosemary Shahan, President of Consumers for Auto Reliability and Safety. And we greatly appreciate Senator Allen's leadership in offering this bill, which will help address the number one reason consumers contact consumer complaint agencies, including the Better Business Bureau and state and local consumer protection agencies.
- Rosemary Shahan
Person
Car sales and service problems, they're pretty ubiquitous and it would help consumers like Mr. Bradley be able to get out of a bad car deal without having to litigate.
- Rosemary Shahan
Person
You can have like a no fault quickie divorce from your car if you find out that you were cheated over the terms or the condition if it's a used car.
- Rosemary Shahan
Person
And there are a number of car dealers who currently offer a return option for car buyers voluntarily because they know it's really popular, especially for people who are buying used cars. It's still a really big investment and we expect that if the tariffs go into effect, the price of cars is going to increase even more.
- Rosemary Shahan
Person
So more people may be buying used cars than before and they need a kind of protection, especially regarding the condition of the car, which doesn't always show up in like a CARFAX report if there's, for instance, odometer tampering, which is actually extremely common, or if the seller did what's known as clear coating, where they disconnect the battery or use a tool to clear the code so that the check engine light doesn't come on.
- Rosemary Shahan
Person
And I hear from consumers over and over again that they drive the car maybe 60 or 100 miles and the check engine light comes on and that's when they realize they have a major problem that's going to be very expensive to repair. Under the bill, they would be allowed to return the car and get a refund.
- Saveena Takhar
Person
Saveena Takhar with the Consumer Attorneys of California, in support.
- Danielle Kando-Kaiser
Person
Good evening. Dani Kando-Kaiser on behalf of the National Consumer Law Center as well as California Low Income Consumer Coalition, in support.
- Robert Herrell
Person
Thank you. Good evening, Mr. Chair, Members. Robert Herrell with the Consumer Federation of California in support. Thank you.
- Thomas Umberg
Legislator
Anyone else in support? SB 766 seeing no one coming forward. If you're opposed to SB 766, please queue up.
- Anthony Samson
Person
Good evening, Mr. Chair and Members. Anthony Samson on behalf of the California New Car Dealers Association. Our position on SB 766 has remained consistent since its introduction.
- Anthony Samson
Person
That is, we strongly oppose the idea of grafting components of a flawed and ambiguous federal rule on top of what is already the most robust and consumer protective vehicle transaction law in the country.
- Anthony Samson
Person
But we have also been consistent in saying that we are happy to work with Senator Allen on improving existing law without adding subjective new obligations that will result in increased legal claims.
- Anthony Samson
Person
To this end, the Senator has conveyed his concerns with the existing process to us and we have responded with a set of amendments that we believe addresses these concerns by increasing the standard of doing business for dealers throughout the state without unnecessarily increasing litigation exposure.
- Anthony Samson
Person
For example, the Senator said that he is concerned that consumers may find that the price of the vehicle when they go in to buy it at the dealership is higher than the advertised price.
- Anthony Samson
Person
To address that, we have proposed to amend current law to state that the vehicle's advertised price must include all dealer-installed add-ons and exclude rebates. The Senator has also said that he is concerned that customers may sign documents authorizing the sale of optional products without knowing they are optional.
- Anthony Samson
Person
To address that, we have proposed to add a statutory disclaimer to California's existing pre-contract disclosure statement clearly stating that all products are optional and the customer can purchase the vehicle without buying any of these products. The Senator has also raised concerns that some dealers are selling useless add-on products and services to consumers.
- Anthony Samson
Person
Rather than accept language in the bill today that would prohibit the sale of these products if the consumer would not receive a quote benefit from them, a highly subjective standard that will undoubtedly result in significant new legal claims against dealers, we have proposed to provide an exhaustive list of these products and services that expressly prohibit them.
- Anthony Samson
Person
And finally, the Senator has raised concerns that some dealers are selling used vehicles without disclosing major prior damage to customers. This allegation is used to justify the universal three day right to return for used vehicles which may work for some larger dealerships but is unworkable for many of the smaller ones.
- Anthony Samson
Person
We appreciate the hard work that the Committee has put in on this issue, but the proposed amendments as they are summarized in the analysis, we have not seen. The text of those do not resolve our concerns and we encourage the adoption of our proposement. Anthony Samson--
- Anthony Samson
Person
Anthony Bento, the chief legal officer of the California New Car Dealers Association is here for any technical question. Thank you.
- James Lombardo Jr.
Person
James Lombardo on behalf of the California Motorcycle Dealers Association, in opposition. Thank you.
- Meghan Loper
Person
Good evening. Meghan Loper, on behalf of Insurance Auto Auctions. We have an opposed unless amended position and we'll continue to work with you. Thank you.
- Daniel Shaw
Person
Dan Shaw, on behalf of Carvana as well as the Civil Justice Association of. California. Opposed.
- Kenton Stanhope
Person
Kenton Stanhope with the California New Car Dealers, also here on behalf of the Orange County Auto Dealers Association, the San Diego New Car Dealers, and the Greater Los Angeles New Car Dealers Association, all in strong opposition. Thank you.
- John McHale
Person
John McHale on behalf of Enterprise Mobility, in opposition. Thank you.
- Louis Brown Jr.
Person
Mr. Chair, Members of the Committee. Louis Brown on behalf of CarMax Auto Superstores, in opposition.
- Naomi Padron
Person
Good evening, Chair and Members. Naomi Padron on behalf of the California Credit Union League, in opposition.
- Larisa Cespedes
Person
Good evening. Larisa Cespedes here on behalf of the California Chamber of Commerce, in opposition.
- Robert Ross
Person
Good evening, Mr. Chairman. Rob Ross on behalf of NitroFill in opposition to the bill.
- Thomas Umberg
Legislator
Thank you. Anyone else in opposition, please approach the microphone. All right, seeing no one else approaches the microphone, let us bring it back to the Committee for questions. Questions by Committee Members? Yes. Senator Ashby has a question.
- Angelique Ashby
Legislator
Thank you, Chair Umberg. I know it's late. I just want to ask of the author. We've talked a litte bit about this bill. I have some concerns, but they were already spoken about by your opposition.
- Angelique Ashby
Legislator
And I know that you see this bill as a work in progress and that you have committed to working with the opposition. And I want to support you today to give you an opportunity to continue those conversations.
- Angelique Ashby
Legislator
But I just want to make sure, because, that you understand, for me at least, if those changes aren't made and you aren't able to come to an agreement with them, my support would end in the Judiciary Committee. So I want to give you an opportunity to just speak to--
- Angelique Ashby
Legislator
I know that you believe this bill is still quite a work in progress. You made that clear to me. So I just want to make sure that that's something you're able to convey here.
- Benjamin Allen
Legislator
Yeah. So I want to-- First of all, I want to thank the opposition for proposing the amendments. Now they really do propose redrafting the bill in its entirety. So that's why we have to spend some time really thinking through all the implications. We've had productive conversations. They have raised a number of issues, right.
- Benjamin Allen
Legislator
So they basically want to move the entire bill to the vehicle code. So, you know, the question is-- So one of the issues, we want to make sure that someone has-- I'm not philosophically opposed to that, but we want to make sure people still have recourse.
- Benjamin Allen
Legislator
You know, if there's a problem, if someone violates the law, you know, the DMV, you know, quite frankly, has, you know, patterns of pretty low enforcement and the state's got to be, you know, mindful of adding new costs to that agency. So that's one issue. They talked about--
- Benjamin Allen
Legislator
One of their other amendments was to strike the cooling off period and instead require damage be disclosed on a used car via the CARFAX report.
- Benjamin Allen
Legislator
But what I like about the cooling off period, I mean, speaking to the gentleman who we heard from the witness, I mean, it gives the ability for someone to go get it inspected afterwards and find an issue and then they can return the car.
- Benjamin Allen
Legislator
And the dealers also recognize in our recent meeting with them that the CARFAX report's not sufficient oftentimes and we're not aware of a perfectly comprehensive report out there. So that was another issue. You know, they were also talking about maybe just banning only three scam add-ons that don't provide a benefit to consumers.
- Benjamin Allen
Legislator
But you know, I know the Committee amendments recognize the need for clarity by listing eight specific add-ons that don't provide a benefit to the consumer. You know, I do think it's important that this definition not be too restrictive since technology develops over time, new scams arise, new, you know, things change.
- Benjamin Allen
Legislator
So there's just a few things I think we're going to have to spend some time on. You know, the opponent suggested that to just have a disclaimer at the bottom of the contract specifying that the add-ons are all optional.
- Benjamin Allen
Legislator
I get their argument that they're offering to apply it to new and used cars, but the cooling off period allows people to review the contract and realize that they were maybe misled about add-ons being optional and then consider returning the car. So anyway, those are some of the things that I think are outstanding.
- Benjamin Allen
Legislator
You know, I'm not opposed philosophically to their proposal, but I think we need to just figure out how it implicates all the things we're trying to address here. But you know, I really-- I do want to say I appreciate them hearing us out, understanding what our core concerns are, responding in kind.
- Benjamin Allen
Legislator
We just need to make sure that their response truly meets the, you know, meets the goals that we set out when pursuing the bill. And so I know I-- That's why it is a work in progress because we need, you know, they really want to do it in the vehicle code.
- Benjamin Allen
Legislator
We need to just feel confident that that's still going to-- by moving it over to the vehicle code, it's still going to meet our needs.
- Benjamin Allen
Legislator
And quite frankly, I think that the glaring challenge we have here is on the enforcement side and the extent to which DMV is able to really enforce and the extent to which they're overstretched as it is, and there's some additional costs associated with that, I think that's going to be just a continual sticking point for us that we're going to struggle with.
- Thomas Umberg
Legislator
All right, thank you very much. Other questions? Senator Stern.
- Henry Stern
Legislator
Yeah, thank you, Mr. Chair. Thank you, Senator Allen, for bringing this measure forward. Unfortunately, we have to pursue this legislation in light of the rollback of the FTC rules and that we're put in the position to have to supplant that rule that, according to the analysis, would have saved American car buyers over $3 billion a year, especially, you know, that was proposed prior to tariffs and, you know, the entire economic disruption we're facing.
- Henry Stern
Legislator
I would imagine there's going to be even more misleading activity going on for potential car buyers in terms of, you know, what made their car more expensive or less expensive and things that are, you know, difficult to understand.
- Henry Stern
Legislator
I didn't hear much acknowledgement about the significant amendments taken in Senate Transportation Committee regarding the expansion of the cooling off period that you accepted, as well as a number of other measures. So I would point to page 13 of the analysis that iterates in pretty significant detail the amendments you've already taken.
- Henry Stern
Legislator
So I'm hoping the opposition takes a second and reviews those amendments further. And I would just caution you-- I'm going to be supporting this measure today, and in fact, I would love to be added as a co-author. And I would caution you against looking at the vehicle code and putting this responsibility on the DMV from a fiscal perspective.
- Henry Stern
Legislator
They're a beleaguered agency and I worry that that kind of adjustment to the bill and moving out of the Civil Code, as we're hearing today, would not only deny recourse to potential buyers, you know, or to buyers who got the raw end of the deal, but also sort of set you up for failure to fall into the sort of fiscal hole that DMV is currently in.
- Henry Stern
Legislator
So I, you know, I'm supporting the bill today, assuming that you're going to be moving this forward under the current framework and perhaps, you know, you can surgically address some of those other outstanding issues within the framework you've got and maybe meet in the middle that way.
- Henry Stern
Legislator
But I'll move the bill at the appropriate time and appreciate you.
- Thomas Umberg
Legislator
All righty. Thank you very much. Questions? No other questions? Oh, I'm sorry. Senator Niello.
- Roger Niello
Legislator
Thank you, Mr. Chair. It has always been my personal philosophy to abstain from proposed legislation that affects the retail automobile business for obvious reasons. So I will be abstaining.
- Thomas Umberg
Legislator
All righty. Let me conclude by saying I will incorporate by reference Senator Ashby's comments as my own. All right. Having said that, there's a motion by Senator Stern. Senator Allen, would you like to close?
- Benjamin Allen
Legislator
Yeah. I mean, with that actually, with your comment, Mr. Chair. I mean, I-- You know, I mean, it's certainly my preference to do what Senator Stern suggested, which is to try to do, incorporate as many of the concerns as we can within the current framework.
- Benjamin Allen
Legislator
And I certainly welcome the Committee's assistance in that on a going forward basis. I know there's a whole bunch of issues that they continue to have, and I'd like to see if we can do it within the current framework, just given the enforcement challenges.
- Benjamin Allen
Legislator
But I'm very open to continual conversation and I hope that the Committee will assist us as we try to land a deal. And with that, I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you. All right. Community Assistant Porter, please call the roll.
- Committee Secretary
Person
This is file item 34, SB 766. The motion is do pass as amended to Senate Appropriations. [Roll call] 10 to 0.
- Thomas Umberg
Legislator
10-0. Put that on call. If there are another Committee Members with civilian witnesses, then I'm going to go ahead. Do you have. I'll go right after you for, for the. Because the Doi people. But you, you should come up.
- Thomas Umberg
Legislator
Okay. I do. I do too. Here's. Here's what we're trying to accom. Accommodate those witnesses that need to leave. So. Senator Allen, do you have witnesses that need to leave?
- Thomas Umberg
Legislator
Okay. Do you have civilian witnesses? All right, then go ahead. Okay. At least for. Go ahead, do whatever Bill. You can do with civilian witnesses. Okay. Yeah. As opposed to. Yeah, I'll let you know what the deficiency.
- Thomas Umberg
Legislator
I'll tell you what my definition is later. So. All right, so for those of you in the audience that are wondering when we're going to be done, I actually picked 8:00 as our concluding hour. I actually, what I didn't say was am or PM I'm going with AM now, so. All right. Okay. Senator Wiener, you're up.
- Scott Wiener
Legislator
Thank you. Thank you, Mr. Chair. I'm presenting SB 378, which will allow consumers to seek civil penalties against online marketplaces that advertise illicit intoxicating hemp and unlicensed cannabis products, except the Committee's amendments as outlined in the analysis.
- Scott Wiener
Legislator
And I want to thank the Committee and the staff for working with us. The landscape of cannabis regulation in California has been complex, evolving ever since the state legalized adult-use cannabis in 2016. While the state, we all had high hopes for a regulated market that could displace illicit trade in cannabis.
- Scott Wiener
Legislator
A series of challenges have emerged that continue to undermine both public safety and the goals of legal cannabis reform. The rise of online platforms has made it easier for illicit cannabis and and intoxicating hemp operators to market and sell their products. These illegal businesses often operate in the shadows.
- Scott Wiener
Legislator
They sidestep taxes, regulatory scrutiny, and critical health and safety standards that legal cannabis businesses must comply with. Many of these illicit operators do not undergo product testing, which puts consumers at risk of purchasing unsafe products, some of which are dramatically more potent than legal cannabis.
- Scott Wiener
Legislator
This includes children who can go just online and order hemp at very, very strong concentrations and have it delivered to their home. And that's not what any of us want. And we know that the strength of these products is very, very significant. So this is an important Bill. We want our legal cannabis market to succeed.
- Scott Wiener
Legislator
We want to make sure that people have access to safe and tested product. And I respectfully ask for an aye vote. With me today to testify is Tiffany Devitt, the Chief of Regulatory Affairs with CannaCraft March and Ash, and Kristin Heidelbach, the Legislative Director with UFCW.
- Tiffany Devitt
Person
Thank you. Good evening, Chair and Members. As the Senator said, my name is Tiffany Debitt. I'm also here on behalf of the San Diego Imperial County's Joint Labor Management Committee, which is partnership between UFCW and March and Ash and Embark, which are community-oriented cannabis retail.
- Tiffany Devitt
Person
The Senator had referenced a study that we worked on recently that really looked into what was in these intoxicating hemp and illicit cannabis products that are being marketed online. We titled that study the Great Hemp Hoax for the reason that most of the products that we found being sold online as hemp are not actually hemp.
- Tiffany Devitt
Person
They're either illicit cannabis or there that's been essentially rebranded or they are synthetic high-potency drugs. These products are widely available from thousands of online retailers, including what are referred to as online drug superstores, which is a real thing, as well as fly-by-night websites.
- Tiffany Devitt
Person
But what was most concerning for us as we look through this study is how incredibly easy it is for minors to buy these products. And what I would like to underscore if I make one point here today is that that is not accidental. That is the business model.
- Tiffany Devitt
Person
So one of the things that we noticed is that, well, a none of the products we received and we ordered hundreds of them, they were shipped to us via USPS, US Postal Service. None of them required an adult signature. None of them required age verification.
- Tiffany Devitt
Person
Many of the websites also preemptively went out of their way to reassure buyers.
- Tiffany Devitt
Person
Okay, sorry, I'll be real quick. Many of them basically were very explicit with the consumer buyers as far as saying when this comes to you, it'll be discreet and it won't appear as the brand name on your credit card.
- Kristin Heidelbach
Person
I want to be mindful of everyone's time. Kristen Heidelbach, UFCW Western States Council. I just want to appreciate the work of the Committee and also thank Senator Wiener here for technical support if needed.
- Farrah Ting
Person
Thank you, Mr. Chair. Farrah McDaid Ting on behalf of the County Health Executives Association of California in support.
- Thomas Umberg
Legislator
Thank you. If you're opposed to SB 378, please queue up. Seeing no one approaching the mic. Well, here we go. Okay. Mr. Martin, there you go.
- Rand Martin
Person
I thought there would be more. Unfortunately, I'm very hoarse, so this may be a very short testimony. There's a lot in the bill that... I'm sorry. Rand Martin on behalf of the US Hemp Roundtable. So, a lot in the bill that's actually really, really good. The big problem with the bill is what has been happening to the hemp industry for the last couple of years. Yes, there have been bad actors. They have been out there doing things that the hemp industry does not want to see happen.
- Rand Martin
Person
And what happens as a result is the state steps in and uses a sledge hammer to fix it rather than a scalpel. Once again, this bill wipes out all the actors who are compliant with the law, people who are doing a good job relative to hemp products, who don't do things, some of the things that Tiffany talked about, but they are swept up in this bill, unfortunately, like all the bad actors as well.
- Rand Martin
Person
We really appreciate somebody stepping up and recognizing that people do follow the law in this state, and when they follow the law, they should be protected. And for those reasons, we oppose the bill at this point, but hope that we can find some way to protect those good actors. Thank you.
- Jose Torres Casillas
Person
Good evening, Chair and Members. I will be brief, as I know it's late. Jose Torres with TechNet. Want to start off just saying appreciate the author, appreciate the author and their office for engaging with us on our concerns. However, we remain in respectful opposition to SB 378.
- Jose Torres Casillas
Person
We believe it creates a broad definition of online cannabis and hemp marketplaces, and by doing so also places strict liabilities against various platforms with no direct sales, with no direct role in sales. For example, mapping services, search engines, social media would all now be held liable under the bill.
- Jose Torres Casillas
Person
Our TechNet member companies remain committed to ensuring that online marketplaces have reasonable restrictions and policies in place to actively enforce prohibitions on illicit products. But we are afraid that the bill risk over, the bill risk over compliance and could show legitimate speech and access to legal products due to the strict liabilities, reporting requirements, and advertising provisions. I thank you for your time and ask that you vote no on the bill.
- Naomi Padron
Person
Good evening, Chair and Members. Naomi Padron on behalf of the Computer and Communications Industry Association. We would align our comments with TechNet in opposition. Thank you.
- Thomas Umberg
Legislator
Thank you. All right, anyone else in opposition? Seeing no one else coming forward, let's bring it back to Committee for questions. No questions. Senator Stern has moved the bill. Senator Wiener, would you like to close?
- Thomas Umberg
Legislator
Thank you very much. Committee Assistant Porter, please call the roll.
- Committee Secretary
Person
This is file item 54, SB 378. The motion is do pass as amended to Senate Appropriations. [Roll Call]11 to 0.
- Scott Wiener
Legislator
Thank you, Mr. Chair. Colleagues, I'm here to present SB71 which will require transparency, licensing of pharmacy benefit managers, PBMs, and will also ban certain anti competitive practices that are driving community pharmacies out of business and increasing the price of prescription drugs. PBMs play a huge role in our healthcare system.
- Scott Wiener
Legislator
They started out decades ago as small administrative bodies that helped health plans negotiate drug or put together drug formularies and negotiate drug prices. They have since grown into megacorporate behemoths that operate at the center of our health care systems system among prescribers and health plans and pharmaceutical companies.
- Scott Wiener
Legislator
And they play a huge role in determining what prescription drugs people can have access to and what the prices are. And they negotiate those prices and they have an incentive to favor higher priced drugs because they make more money that way because of rebates.
- Scott Wiener
Legislator
They also tend to own their own pharmacies, their own mail order pharmacies, and they steer people towards those pharmacies away from brick and mortar pharmacies. And while some people prefer online pharmacies, many don't. And they are therefore not going to see their community pharmacist which and that pharmacy is a health care provider.
- Scott Wiener
Legislator
There have been various exposes on the abusive practices of PBMs around spread pricing and their rebate programs and the steering away from brick and mortar pharmacies. And this Bill will put an end to those abusive practices. It'll require that they be licensed so that they can be overseen and, and I this is a reform whose time has come.
- Scott Wiener
Legislator
I want to say we have got on this Bill, including the last version and in this version we received broad bipartisan support. There's bipartisan support in Congress to take action. The time has come and I respectfully ask for your aye vote.
- Scott Wiener
Legislator
With me to testify is Parth Parikh, who's a pharmacist and owner of Pico Care in Pico Rivera, California and Colleen Henderson, a patient advocate.
- Parth Parikh
Person
Hi, my name is Dr. Parth Parikh, owner of Pico Care Pharmacy in Pico Rivera and Price Care Pharmacy in Downey. I serve a community that that face significant socioeconomic challenges and need accessible, compassionate and personalized healthcare. Unfortunately, current insurance and PBM systems is moving in the opposite direction, reducing access and prioritizing profit over patient care.
- Parth Parikh
Person
PBM steers patients towards mail order pharmacies which often involve long hold times and impersonal service. For patients living paycheck to paycheck, this added complexity becomes a major barrier to their care.
- Parth Parikh
Person
Patients who choose a local pharmacy like mine are often penalized with a significant higher out of pocket cost non preferred pharmacy, sometimes hundreds of dollars more simply because we're not PBM owned. Roughly 80% of my patients face these financial burdens despite receiving a faster face to face care with no more than two minutes wait time.
- Parth Parikh
Person
At my pharmacy, we offer free home delivery service with drivers who act like a community health workers, provide personalized service like pillbox packaging in home vaccinations, and compounded medications. Because PBM often reimburses us below our cost, independent pharmacies are forced to turn patients away or close entirely.
- Parth Parikh
Person
Recently I had to send a patient to a nearby PBM-owned pharmacy due to unsustainable reimbursement rates. Her experience was so poor that she offered to pay more out of her pocket just to return back to me. She ultimately switched her insurance which allowed her to come back even though she is 25 miles away from us.
- Parth Parikh
Person
She was lucky that she had an option, but most people don't. I think it's important to note that she was a state employee just like yourself.
- Parth Parikh
Person
All right, so just want to let you know a lot of my colleagues are thinking of closing down pharmacies because of this. So I'm really requesting and support for this Bill so that we can stay in business.
- Colleen Henderson
Person
Thank you Chair and Members. My name is Colleen Henderson. I live in Auburn, California. I'm here to explain how large PBMs play a major role in keeping medication costs high and creating unnecessary barriers to care. My daughter, she lives with Hidradenitis Suppurativa. It's called HS.
- Colleen Henderson
Person
It's a chronic inflammatory condition that attacks your hair follicles and causes your skin to bubble like third-degree burns. And it never gets better. There's no cure. To prevent progression, not flare ups, not prevention of the disease, my daughter injects herself two times a month with Humira, a biological medication.
- Colleen Henderson
Person
It's critical she takes it on time, otherwise her progression will never regress. It'll always continue to move forward. Unfortunately, the PBM associated with my health plan barely covers Humira. So we have to jump through constant hoops and pay out of pocket. Nearly $7,000 out of pocket per month is my portion.
- Colleen Henderson
Person
And the difference what the PBM charges and what my insurance covers is insane. My insurance covers $947 of that. Large PBMs like CVS, Caremark, Express Scripts and Optum Rx determine which medications are covered. They steer patients to their own affiliated pharmacies and manipulate pricing. It drives costs up for patients and independent pharmacies.
- Colleen Henderson
Person
As most don't realize, these large PBMs are closely affiliated and the majority of the time owned by health insurance companies. Express Scripts is owned by Cigna. OptumRx is owned by a subsidiary of United Healthcare. CVS Carmark, which is what I have to use, is associated with Aetna and Blue Shield Blue Cross.
- Colleen Henderson
Person
In order to increase profits throughout the companies. There are confusing rules and burdensome processes that families like my own are forced to navigate and pay high costs for just to access the medications we need and can't go without.
- Colleen Henderson
Person
SP41 will help protect patients from these abusive PBM tactics.
- Thomas Umberg
Legislator
Thank you very much. And I know you've been here all day and I apologize to witnesses that have been here all day. Unfortunately, I'm going to have to adhere to the two minute time limits. So thank you. All right, next witness please.
- Kimberly Stone
Person
Kim Stone. Stone Advocacy on behalf of the California Orthopedic Association in support. And I was also asked to register report of the American College of Obstetrics and Gynecologists. Thank you.
- Laramie Hunter
Person
Laramie Hunter with the Liver Coalition of San Diego in strong support.
- Frederick Noteware
Person
Fred Noteware. We're representing the Pharmaceutical Research and Manufacturers of America in support. Thank you.
- Moira C. Topp
Person
Thank you, Chair and Members. Moira Topp on behalf of Biocom California in support.
- Jennifer Snyder
Person
Jennifer Snyder representing the California Life Sciences and the National Association of Chain Drugstores in support.
- Timothy Madden
Person
Tim Madden representing the California Rheumatology Alliance in support.
- Louise Miller
Person
Louise Miller on behalf of Indivisible CA State Strong in strong support, thank you.
- Michelle Johnston
Person
Good evening. Michelle Johnston with the National Multiple Sclerosis Society in support.
- Rand Martin
Person
Mr. Chair and Members, Rand Martin on behalf of the AIDS Healthcare foundation in strong support of this outstanding Bill. Thank you.
- Kathleen Mossburg
Person
Chair and Members, Kathy Mossburg with the San Francisco AIDS Foundation, a cosponsor in support, as well as APLA Health.
- Meagan Subers
Person
Meagan Subers on behalf of the Los Angeles LGBT Center, cosponsor and support thanks.
- Lori Martinez
Person
Lori Martinez on behalf of the California Board of Pharmacy in support.
- Michelle Rivas
Person
Michelle Rivas with the California Pharmacists Association cosponsor in support.
- Liz Helms
Person
Liz Helms, California Chronic Care Coalition, cosponsor in strong support, thank you.
- Ellen Sarkisian
Person
Ellen Sarkisian, intern pharmacist from University of the Pacific, in support.
- Caitlin Acedo
Person
Caitlin Acedo, intern, pharmacist at University of Pacific, in support thank you.
- Alex Khan
Person
Alex Kahn on behalf of the ALS Association and strong support, thank you.
- Thomas Umberg
Legislator
Others in support? Seeing no one else approach the microphone, if you're opposed to SB41, please approach the microphone.
- John Winger
Person
Thank you Mr. Chair, Members, John Winger here on behalf of America's Health Insurance Plans and the National Trade Association for Health Plans. First, I want to apologize for our letter not getting in.
- John Winger
Person
Apparently I still am figuring out the portal on double referrals, but we do have opposition to SB41 for a variety of reasons, but in the interest of time and given this Committee's jurisdiction, just wanted to focus on one specific issue related to the Bill which is related to ERISA Preemption.
- John Winger
Person
AHIP believes SB41 violates federal law that protects employees benefit plans. Federal ERISA Preemption is intended to provide employers and employees consistency and uniformity of plan Administration. SB41's departure from ERISA Preemption risks adding needless costs and disruptions of coverage for roughly 18 million of California workers, retirees and dependents who rely on ERISA related coverage.
- John Winger
Person
A 2020 ERISA provision case was upheld unanimously by the Supreme Court that affirms state laws are preempted by ERISA when they impact a core function of health plan Administration or directly relate to the health plans. The case clarified a narrow set of activities that states could regulate.
- John Winger
Person
However, we believe SB41 goes well beyond this and is therefore preempted since only collectively bargained Taft-Hartley self-insured plans are excluded from SB41. We believe this Bill runs afoul of federal preemption law. For those reasons and for others, we are opposed to the Bill.
- Thomas Umberg
Legislator
Thank you. Others in opposition, please approach the microphone. If you're in opposition to SB41, please queue up.
- Kelly Larue
Person
Kelly Larue with Resilient Advocacy on behalf of the California Chamber of Commerce with an opposed unless amended position.
- Nicholas Louizos
Person
Nick Louizos on behalf of the California Association of Health Plans. In opposition. Thank you.
- Alison Ramey
Person
Alison Ramey on behalf of the Pharmaceutical Care Management Association, we remain opposed.
- Thomas Umberg
Legislator
All right, thank you very much. If you're opposed to SB41, please approach. Seeing no one else opposed. Let's bring it back to Committee for questions, questions by Committee Members. Yes, Dr. Weber Pierson.
- Akilah Weber Pierson
Legislator
Want to once again thank the author so much for bringing forward this Bill and you know, really working at it. I know this is second time, second time around at this very important issue. Was wondering, I know it's late, so I apologize. But if you can elaborate a little bit more on how you feel this would go against ERISA.
- John Winger
Person
Yeah. So self-insured plans. I actually have an entire flowchart if you want. It makes it a lot easier. But there's. There was a 2020 case where there were some minor things that Supreme Court basically said that you could regulate at the state level.
- John Winger
Person
But there was a lot of core functions of the health plan Administration that they said is preempted by ERISA. A lot of that is included in this Bill related to benefit design, contracting with certain pharmacies, reporting information adjudication and then some minimum reimbursement, reimbursement stuff. All of that is still within the core function of the plan.
- John Winger
Person
And so we believe is preempted by erisa. And so we've in the past, last year and this year have asked that ERISA not be in the Bill or ERISA plans not be in the Bill.
- Akilah Weber Pierson
Legislator
Okay. If you could. I'd love to see that. If you could drop that off at my office in the morning, that'd be great. Want to thank those who came and testified and for staying this late. Really appreciate what you do for your community.
- Akilah Weber Pierson
Legislator
You are really how we envision independent pharmacists really working with the community and more than just dispensing medication and really appreciate you sharing your story. I've diagnosed many patients with hidradenitis and I know how very, very difficult, challenging and expensive it can be to just prevent those flares.
- Akilah Weber Pierson
Legislator
So thank you so much for staying and sharing your story with US. And with that, I'd like to move the Bill at the appropriate time.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Other questions? Seeing no other questions, Senator Weber, Pierson has moved the Bill. Senator Wiener, would you like to close?
- Scott Wiener
Legislator
Thank you very much. The ERISA Preemption argument is more than a bit of a stretch. In fact, I believe the 2020 case that was being referred to is a case where the U.S. Supreme Court rejected ERISA Preemption in upholding an Arkansas PBM regulatory statute.
- Scott Wiener
Legislator
So they've not cited any cases that have held that what we're doing here is preempted by erisa. We don't believe that it is. And in the end, these are entities that are now separate from health plans. There might be some mutual ownership, but they are not health plans.
- Scott Wiener
Legislator
These are entities that negotiate drug costs, and they are engaging in abusive behavior. And other states have regulated these PBMs, and it's time for California to do the same. I respectfully asked for an aye vote.
- Thomas Umberg
Legislator
All righty. Thank you very much. Committee Assistant Porter, please call the roll.
- Thomas Umberg
Legislator
10-0. Put that on call. Thank you. Senator Wiener. I was going to go, but my civilians have departed, so. Sorry. That's all right. I think they may return. So. All right. So anyone else have witnesses here that need to leave because they have a flight or some other such time imperative? Senator Allen, did you. Senator Stern. One of you guys.
- Scott Wiener
Legislator
Okay. Thank you, Mr. Chair. Colleagues, SB 747 is before you today. Thank you to the Committee for working with us. We'll be accepting the Committee's amendments, which were worked out jointly between this Committee and the Labor Committee, to make the data exclusively available to the Department of Health Care Access and Information and the Department of Managed Health Care and requiring that it be kept confidential and not made publicly available.
- Scott Wiener
Legislator
SB 747 requires large integrated healthcare service plans and medical groups to report compensation data for behavioral health employees and contractors as well as medical surgical employees to the Department of Industrial Relations. Behavioral health providers face significant pay disparities when compared to similarly situated medical surgical providers.
- Scott Wiener
Legislator
These disparities contribute to shortages of qualified behavioral health professionals, high turnover rates, and difficulty meeting the demand for mental health and substance use disorder treatment. This Legislature has done a lot of work on mental health parity, the idea that we should not be treating behavioral health treatment differently than physical health.
- Scott Wiener
Legislator
But that has to include the actual healthcare staffing. And this bill will help to at least put together the data and the information on that. And so I respectfully ask for your aye vote. And with me to testify is Benjamin Eichert, Legislative and Policy Director at the National Union of Health Care Workers.
- Benjamin Eichert
Person
Thank you, Chair and Committee Members. I'm Benjamin Eichert, Public Policy Director at the National Union of Healthcare Workers, the state's largest union of licensed private sector behavioral health providers. NUHW sponsored SB 747 because we've known for decades that health plans and medical groups undervalue behavioral health services when compared to medical surgical services.
- Benjamin Eichert
Person
Therefore, determining if and why compensation inequality between these two groups of employees exists and how it limits access to behavioral health care for Californians is important. We're grateful that staff from this Committee and the Committee on Labor, Public Employment, and Retirement have considered how to balance this important work with other priorities and concerns, and we support the amendments.
- Benjamin Eichert
Person
The opposition raises concerns about this bill impacting only Kaiser Permanente, but there are many good reasons why Kaiser is uniquely situated as the best entity from which to start gathering this data. Kaiser is California's largest health plan and private sector behavioral health care employer. It drives market parameters for reimbursement and compensation practices.
- Benjamin Eichert
Person
As a fully integrated plan and medical group, Kaiser will be able most easily to assemble the data relevant to make the required comparisons. Kaiser is the health plan that has been cited and fined most frequently and most severely for behavioral health deficiencies. And perhaps most importantly, Kaiser itself has asserted to the state that, and I quote, similarly situated providers should have similar rates, and further, that parity of resulting rates may be used as a proxy for parity of process which the law requires.
- Benjamin Eichert
Person
Regarding concerns about our union's ongoing negotiations with Kaiser, I want to emphasize that this bill would not be preempted by federal law because it does not dictate terms or outcomes for negotiations. Kaiser and its union represented workers remain perfectly free to collectively bargain and agree upon the pay and benefits for any group of employees.
- Benjamin Eichert
Person
More importantly and unfortunately, the problems that SB 747 aims to address existed before and will continue to exist after negotiations conclude. This bill is about gathering the data necessary to help develop longer term systemic solutions that extend far beyond this bargaining cycle. I respectfully request your aye vote.
- Thomas Umberg
Legislator
Thank you very much. All right, next witness in support, SB 747. Seeing no one else approaching the microphone. If you're opposed to SB 747, please queue up. Do we have support? If you're in support, please approach the microphone.
- Elmer Lizardi
Person
Thank you, Chair. Elmer Lizardi here on behalf of the California Federation of Labor Unions in support.
- Thomas Umberg
Legislator
Thank you very much. If you're opposed, please queue up. Anyone else in support? Seeing no one else in support. If you're opposed, please approach the microphone.
- Ronald Berdugo
Person
Thank you. Good evening, Chair and Members of the Committee. Ron Berdugo here on behalf of Kaiser Permanente in opposition to SB 747. We oppose SB 747 since it requires one organization and one organization only, Kaiser Permanente, to report confidential wage information and contracted rates for a narrow subset of the workforce to the State of California.
- Ronald Berdugo
Person
Specifically, the bill requires only KP to report wage and compensation information of its medical surgical employees and its behavioral health workers, employees and vendors alike, to the Department of Industrial Relations. KP is known for and proud of paying competitive wages across the board and above market for our mental health workers.
- Ronald Berdugo
Person
Yet we are being singled out in this legislation. Additionally, KP's employed mental health care providers wages are collectively bargained. Given the targeted nature of the bill, we are concerned that this bill is intending to interfere in that process, as rightfully pointed out in the previous Committee analysis. Unfortunately, SB 747 will not expand the behavioral health workforce.
- Ronald Berdugo
Person
It would have the opposite effect since it would dissuade external providers from contracting with KP, as vendors would be required to disclose their confidential wage information but only if they partner with KP. This obligation won't apply to these vendors if they partner with other providers.
- Ronald Berdugo
Person
We appreciate the intent of the amendments taken so far to maintain the confidentiality of competitive data. However, because the bill singles out KP only and now requires a report to the Legislature, it is unclear how data will be aggregated and kept confidential. This would be a public report on compensation at Kaiser Permanente.
- Ronald Berdugo
Person
And when it comes to the stated purpose of this bill, KP supports mental health parity and demonstrates its compliance with the appropriate state and federal agencies. But SB 747 doesn't do anything to further these goals, and we're concerned it may only set back the progress we've made so far. I'll wrap up. For these reasons, we request your no vote and are concerned about the impacts SB 747 will have.
- Nicholas Louizos
Person
Thank you, Mr. Chair and Members. Nick Louizos on behalf of the California Association of Health Plans. We're in opposition to the bill and we're part of a coalition of stakeholders that are also opposed. You know, I'll echo many of the comments that my colleague from Kaiser made. Just to add that SB 747 sets a troubling precedent of singling out an individual healthcare organization during an ongoing negotiation and raises some legal questions. You know, setting that issue aside, we want to emphasize that it's unclear how this bill will improve behavioral health care services
- Nicholas Louizos
Person
Which is all something that we strive to do. When it comes to addressing the increasing demand for behavioral health services in California, there's not going to be a single solution. We continue to invest in the resources needed to meet this growing demand, and health plans working with the spirit of shared responsibility with providers, state leaders, advocates can effectively address the mental health challenges in California, save lives, and improve mental health for all.
- Nicholas Louizos
Person
Singling out providers and requiring private vendors to disclose confidential wage information to the state we believe will have a chilling impact on the ability to recruit and retain critical workers in this area. So we don't see how SB 747 addresses these issues, and we respectfully oppose the bill. Thank you.
- Kalyn Dean
Person
Good evening. Kalyn Dean on behalf of the California Hospital Association in respectful opposition.
- Kelli Boehm
Person
Kelli L'Heureux with Resilient Advocacy on behalf of the California Chamber of Commerce in opposition.
- Kevin Guzman
Person
Kevin Guzman with the California Medical Association in opposition.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in opposition? Seeing no one approaching the microphone. Let's bring it back to Committee questions by Committee Members. Senator Stern has one.
- Henry Stern
Legislator
Yeah. Thank you, Mr. Chair. Maybe I give the author a chance to clarify, but my understanding is the, some of the core concerns raised by the opposition regarding the disclosure of confidential information and that impacting, say, collective bargaining process have been dealt with.
- Henry Stern
Legislator
I'm reading the mock up of the amendments taken in Senate Labor, and it's required to be confidential. And then it's... The DIR's report would just be in nonspecific aggregated data. So maybe you could comment and I would also really appreciate to hear, potentially through the Chair, from the opposition. I know it's late hour, but in light of those amendments, how are they still saying we're going to disclose confidential?
- Scott Wiener
Legislator
Yeah, no, we appreciate that the two committees working together worked with us and we've accepted the amendments. And so the data will be confidential. It will not be public. The report from DIR will be general. It will not contain specific wage information.
- Scott Wiener
Legislator
So the argument that this is going to affect something about their business is just not accurate. In addition, the report from DIR is due January 1st. The report to the Legislature is due January 1, 2027. And like unless something goes really haywire, which you never know, this, God willing, the strike will be over by January 1, 2027. So in terms of this, the allegation this will interfere with the collective bargaining, I think that's just factually not the case.
- Scott Wiener
Legislator
And if this strike is still going on January 1, 2027, we have much bigger issues to deal with because that would be almost two and a half year long strike. And again, there's no specific salary data in the report. And so the Committee amendments were good and we were happy to accept them.
- Scott Wiener
Legislator
And the reality is, I know Kaiser feels singled out. Kaiser is a huge player in the California healthcare market. It's the only integrated health system, you know, that anywhere near that size. And it plays a huge role. And as noted in the testimony, Kaiser has been fined massively for failures around mental health parity. And so this will be invaluable information, and we should be able to get this report.
- Scott Wiener
Legislator
And I say this, I want to also just say, and I say this every time because I believe it. I'm a fan of Kaiser. Kaiser is a really good model in so many ways and many, many, many Californians receive top notch healthcare there. So this is not an attack on Kaiser, but we know that Kaiser has had some challenges around behavioral health.
- Akilah Weber Pierson
Legislator
Thank you, Chair. Thank you to the Senator for bringing this bill forward so that we can have this conversation. You know, if the, in my opinion, if the true purpose of the bill was to be able to create parity between all behavioral health employees and medical surgical employees, then we would be looking at more than just one institution.
- Akilah Weber Pierson
Legislator
Yes, Kaiser is up and down the state, but they are not the only entities that hire behavioral health and medical surgical employees. And so I am very uncomfortable with putting in statute something that specifically singles out one entity that requires one entity to go above and beyond. I'm not sure that, at least since I've been here and I know it's much less than many of the people sitting up here, I don't know when we, when have we done that before? Like that is a legitimate question. I'm actually asking if any of my senior Senators,
- Scott Wiener
Legislator
If I, if I may. Yeah. So right now, Kaiser is, there's nothing else like Kaiser in the State of California. Not even close in terms of the structure, the scale, the size, and in terms of having an entity that employs, not just employs like some behavioral health and some physical health, but like at a very, very large scale.
- Scott Wiener
Legislator
And that's why this data is going to be invaluable and we're happy to make it confidential. So it's not going to be public and the report will be, you know, aggregated. But it's going to tell us a lot about what you know very well may be real inequities between, which is one of the reasons why we struggle with providing behavioral health services.
- Akilah Weber Pierson
Legislator
Well, I also think one of the problems is that you're looking just at one entity. So for me, that does not produce a very good data set because Kaiser may be doing something, but other facilities that may not be as large or, you know, smaller may be doing it differently. And so when we're looking to see how are we doing as a state in terms of creating parity between, just looking at one institution, in my opinion, does not give us the data that we should be looking for to see how we're doing as a state.
- Akilah Weber Pierson
Legislator
And again, I am very uncomfortable with singling out one institution, giving them more rules, regulations than others. And, you know, to Senator Stern's question about the confidentiality, and the only reason why I know this is because it was brought up in one of my bills before. Don't necessarily know if I agree with it, but the concern is that it is a confidential report. Where's...
- Akilah Weber Pierson
Legislator
Right. But, and you can tell me if I'm wrong, but it would be released to the Legislature. And so the issue is, is the Legislature, am I going to tell somebody or is the staff going to tell somebody? That was something that they, someone had said about one of my other bills. But I think that's, to your question, that's what they were getting at.
- Scott Wiener
Legislator
Yeah. And if just to be clear that the report is not confidential, it's the data is confidential and the report is, the report is aggregated. It's not, it doesn't have the data in it. The data itself, the data itself is only within the agencies. It doesn't, we don't, in the Legislature, we don't get access to the data.
- Akilah Weber Pierson
Legislator
So the report isn't confidential, just the... But in a sense, we're only getting data from one institution.
- Scott Wiener
Legislator
A mega, massive institution which has a very unique model where they employ large numbers of medical surgical and behavioral health, and it provides an incredibly valuable snapshot in terms of what could be really visible inequities. And so the rest of the healthcare system is very fragmented, which we, which we know. But you have an entity that is massive, integrated, and can provide very, very helpful information in assessing this. And so I think it does make sense.
- Thomas Umberg
Legislator
But just to clarify, I think we're getting confused here as to what's confidential, what's not confidential. So the report will have different categories, as I understand it, and those categories will have different numbers in each of those categories which can be compared with one another. There will not be individual data. In other words, you won't see anybody's name there, but you will see categories of employees which can be compared to one another, and that will be released to the Legislature and will be public.
- Akilah Weber Pierson
Legislator
Oh, so, okay, so that information is still going to be out there.
- Akilah Weber Pierson
Legislator
The aggregated data will be out there. So, yeah, it will be in the public. But I mean, it's just one institution anyway that we're looking at, so it's not like we're hiding anything. Yeah. Thank you.
- Angelique Ashby
Legislator
Yeah, I have some of the same questions and would associate my remarks with Senator Dr. Weber Pierson. That I actually agree with you though, Senator Wiener, that I don't buy into the part where this is interfering with negotiations, because if it really was, and the report really was, they'd have to be such a long strike.
- Angelique Ashby
Legislator
That would be, as you stated, that'd be the least of our worries at this point, some data set. So I agree with you on that point that your bill today should be taken separate from some idea or notion that it's interfering with a labor negotiation. Because I agree that I don't believe that it is. But my concern is more along the lines of Dr. Weber Pierson, which is we're asking one healthcare provider. Agreed. You're right. The largest, with the...
- Angelique Ashby
Legislator
Probably the most significant data set to do something different than what we're asking of, say, the UC system hospitals or Stanford Hospital or Sutter Hospital or any of the other entities that are also providing both forms of care. So while the individual data of Dr. A and Dr. B and therapist A and therapist C may not come out publicly, you're not, the aggregate data is all within one entity. So that information going public is proprietary to Kaiser.
- Angelique Ashby
Legislator
It is all only relevant to Kaiser, if it was aggregate data that included, say, Sutter and UC Davis and UCLA and Stanford, then we wouldn't know which entity was which and which one was the high and the low. We would have aggregate means and mods for the State of California. But at this report will only tell us what the means and averages are for Kaiser, not everyone in the state.
- Angelique Ashby
Legislator
So I'm struggling with this a bit, but I also understand what you're trying to do because I sit on your Mental Health Committee, and I know you're trying very hard to make sure that the bills and things that have passed through this Legislature that provide oversight for mental health and make sure that we have mental health care are implemented and are implemented well. And actually something I think is a really good role for the Legislature to do, especially when you have some longevity here.
- Angelique Ashby
Legislator
So I want to support you today, but I'm reserving the right to not support this in the future if it still feels to me like it's just Kaiser and we're just taking Kaiser's data and we're somehow making it seem like that's aggregate data across other sources besides just one entity. That would be, I think, problematic.
- Thomas Umberg
Legislator
Alrighty. Thank you. Other questions? Seeing no other questions, is there a motion? Senator Caballero has moved the bill. Senator Wiener, would you like to close?
- Scott Wiener
Legislator
Thank you. And I really appreciate this discussion. And one of the, as I was thinking about this, you know, we have such a fragmented system that it becomes really hard to get good data. I don't know if you remember during the pandemic, like, it was hard to get good data in the US because of the fragmentation, but the countries that have more unified health care systems, like, they had data, like, at their fingertips. And so it is hard to get data here.
- Scott Wiener
Legislator
And here, you know, we have this massive institution where we can get good data, keep it confidential, and just have general conclusions, general, you know, findings in the report. And I, you know, I've been working on mental health parity for a number of years now. With the support of many of you, we passed the, our big mental health parity law in 2020, SB 855. We followed up with timely access for mental health appointments. So we've been taking it one step at a time.
- Scott Wiener
Legislator
And along the way, what we hear from the industry every single time is we don't have enough mental health professionals. And although they sometimes overstate it, it is true that we need more. And that is, in significant part, a compensation issue. This data will be very valuable for us in trying to solve that problem, and I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alrighty. Thank you. Committee Assistant Porter, please call the roll.
- Committee Secretary
Person
This is file item 55, SB 747. The motion is do pass as amended to Senate Appropriations. [Roll Call]
- Thomas Umberg
Legislator
Eight to one. All right, we'll go back to regular file order, which I believe would mean that Senator Allen, who's not here. zero, I'm sorry. Senator Arreguin. Yes. Senator Araguain, you're next. You're up. You won. So after Senator Arreguin, then Senator Allen.
- Jesse Arreguin
Legislator
Thank you, Mr. Chair Members, for the opportunity to present SB 786, which will revolve - resolve several ambiguities in housing element law that have arisen in litigation and seeks to provide clarity for local governments, project applicants, and the courts.
- Jesse Arreguin
Legislator
I will be accepting the Committee amendments, which include amendments that were taken in local government which help clarify the intent of the Bill, which is to ensure that when a new General plan element quantifies a development standard like floor error ratio or density, that development standard controls over all previously adopted General plan elements.
- Jesse Arreguin
Legislator
The Legislature has applied significant weight enforcement capacity to the housing element process over the last few years to ensure that localities are planning to meet their region's fair share of housing development.
- Jesse Arreguin
Legislator
However, planning for housing and actually constructing housing are two different things, and we desperately need to make sure that the letter of the law translates into actual tangible housing projects through housing element cases. A number of areas of judicial procedure have been found to be unclear which imposes unnecessary legal costs on all parties installs potential housing development.
- Jesse Arreguin
Legislator
SB 786 will ensure that court proceedings for housing element cases proceed expeditiously by clarifying timelines in which a court must hear an appeal, and states that any remedy that is granted on the merits of the case is maintained during an appeal.
- Jesse Arreguin
Legislator
Additionally, the Committee amendments will ensure that if HCD does not act within a timely fashion to review the housing element as part of a court order, then the court can issue additional time to the city or county to comply.
- Jesse Arreguin
Legislator
This Bill will help ensure that the housing being planned for and approved by the state to meet statewide housing targets actually gets built.
- Jesse Arreguin
Legislator
By clearly stating that the housing element or the most recently adopted housing element controls in quantifiable areas and by streamlining court proceedings and closing loopholes that have effectively stalled housing. SB 786 will ensure clarity in the law so there's no discrepancy about the standards, a local government is imposing on development projects so that court processes cannot be used to avoid passing a compliant housing element.
- Jesse Arreguin
Legislator
With me today to testify in support of the Bill is, Jana Staniford with the state Attorney General's Office. This is a Bill that has been sponsored by the California Department of Justice.
- Thomas Umberg
Legislator
Thank you very much. I understand there's no opposition. Is that right? That is correct. All right, thank you very much. Floor is yours.
- Jana Staniford
Person
Good evening, Mr. Chair and Committee Members. Jana Staniford, a legislative advocate for Attorney General Rob Bonta, who's proud to sponsor this Bill. AG Bonta is very concerned about the cost of living, and we know that housing cost is an important factor contributing to that problem.
- Jana Staniford
Person
The AG is committed to using the expertise of the Department of Justice and our Housing justice team to advance housing access, affordability and equity in California. Our team developed this Bill in response to local disputes and litigation. SB 786 would avoid litigation and delay by codifying bright line sensible rules for addressing and resolving conflicts between local planning documents.
- Jana Staniford
Person
The Bill would also address several ambiguities that have complicated housing element enforcement litigation and have led to confusion among courts and the parties. The goal is to reduce, you know, delays in compliance with trial with court orders to adopt a compliant housing element.
- Jana Staniford
Person
The Attorney General is Proud to sponsor SB 786 to provide clarity in the law, avoid costly litigation and delay and remove barriers to building homes for hard working California families. We respectfully ask for your aye vote.
- Brian Augusta
Person
Good afternoon, Chair and Members. Brian Augusta on behalf of the Public Interest Law Project. Our organization has played a leading role over many years in enforcing state housing element law.
- Brian Augusta
Person
I won't go into detail of all the reasons that we think that this Bill critically supports our enforcement efforts along with entities like the AG but we are here to answer any questions. We urge an aye vote.
- Holly Fraumeni de Jesus
Person
Yes. Holly Fraumeni De Jesus, with Lighthouse Public Affairs on behalf of Fieldstead & Company, Abundant Housing Los Angeles, Habitat for Humanity California, Circulate San Diego, and California YIMBY — all in support. Thank you
- Thomas Umberg
Legislator
Thank you much. Anybody else in support of SB 786. Seeing no one approaches microphone, let's turn the opposition. If you're opposing 786, please approach microphone. Seeing no one approaching, let's bring it back to Committee questions by Committee Members. Everybody moves the Bill. Senator Wiener gets the honor. Has moved the Bill. Would you like to close?
- Committee Secretary
Person
This is file item 36 by Senator Arreguin. The motion is do pass, which is SB 786. The motion is do pass as amended to Appropriations. Umberg, aye. Umberg, aye. Niello, no. Niello, no. Allen. Arreguin, aye. Arreguin, aye. Ashby, aye. Ashby, aye. Caballero, aye. Caballero, ay. Durazo, aye. Durazo, aye. Laird, aye. Laird, aye. Stern, aye. Stern, aye. Valladares, no. Valladares, no. Wahab, aye. Wahab, aye. Weber Pierson, aye. Weber Pierson, aye. Wiener, aye. Wiener, aye. Okay. You got 10 to 2 with a Member missing.
- Thomas Umberg
Legislator
10 - 2. We'll put that on call. All right, next would be senator Allen - Senator Allen, unless he's opening the door right now, we're gonna go to Senator Wahab. Senator Wahab the floor is yours.
- Aisha Wahab
Legislator
Thank you. All right, folks, this is another housing Bill, one that you guys can all stand behind. SB 625, which is part of the Golden State commitment package. This is in large part response to the wildfires that we have been seeing grow and grow, but specifically, more recently in LA.
- Aisha Wahab
Legislator
SB 625 will ensure Californians who lose their homes in a disaster are able to return and rebuild their home as well as their community. In the first month of 2025 major wildfires burned more than 50,000 acres.
- Aisha Wahab
Legislator
The Eden and Palisades fires alone destroyed or damaged more than 18,000 structures, including homes, small businesses, schools and places of worship in LA County. Prior to the wildfires, the LA region already suffered an acute housing shortage.
- Aisha Wahab
Legislator
SB 625 helps residents impacted by wildfires and other future disasters stay in their communities by streamlining the local approval process for homeowners seeking to rebuild a home that is substantially similar to their home that they lost. Californians lose their home in a natural disaster, face immense financial hardships in addition to the emotional trauma associated with their loss.
- Aisha Wahab
Legislator
The ability of homeowners to quickly rebuild their property will allow them to remain in their community and alleviate stakeholders housing shortage. Here to testify is nobody you know it's 9:00 at night. But yes, those are my talking points.
- Thomas Umberg
Legislator
Thank you very much. If you're in support of SB 625, please approach the microphone. All right. If you're opposed to SB 625, please approach the microphone.
- Louis Brown Jr.
Person
Mr. Chair and Members of the Committee. Louis Brown here today on behalf of the Community Associations Institute. We have an opposed unless amended position. We're working with the Senator. First section of the Bill just makes some technical changes to make sure that the language is consistent with the Davis Sterling Act.
- Louis Brown Jr.
Person
The second section of the Bill has us concerned because it does create a streamlined process for an architectural review committee to approve modifications and rebuilding. We would like to see that limited to emergencies. And during the emergency rebuilding like we're talking about with the wildfires, we're concerned that if this is to happen during all occasions.
- Louis Brown Jr.
Person
Homeowners associations, which are operated by volunteers, really do not have the expertise or the time to really go through this expedited, streamlined process. We understand how it works for local governments, but local governments are different. And so we do think that the second section of the Bill should be limited to the emergency situations.
- Karim Drissi
Person
Thank you, Mr. Chair and Members. Karim Drisi, on behalf of the California Building Industry Association, we have submitted some amendment language to the author's office and just wanted to publicly thank her for considering our amendment language. And we do appreciate her leadership in this space. Thank you so much.
- Thomas Umberg
Legislator
Thank you. All right, Anyone else wish to testify on SB 625? Seeing no one else, let's bring it back to the Committee. Questions by Committee Members?
- Henry Stern
Legislator
Sorry to ruin the party, but just wondering if the author could comment on the. Mr. Brown's point on Section two and limiting to emergencies. Openness to that.
- Aisha Wahab
Legislator
We're going to have future conversations. But this is part of the wildfire package.
- Henry Stern
Legislator
That's my concern is if it's part of the wildfire package and it's. And it's bigger than wildfires. I guess, I'll vote for the Bill today, but. Yeah.
- Henry Stern
Legislator
Yeah. Hopefully those can be genuine ones before the floor so that we can credibly say this is about emergencies and not some bigger effort here that people can't address. But I'll be supporting the Bill, so thank you.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Other questions? Yes, Senator Laird moves the Bill. All right. Other questions. Seeing no other questions. Wahab, would you like to-
- Thomas Umberg
Legislator
Thank you very much. Madam Chief Counsel, please call the roll.
- Committee Secretary
Person
This is file item 47, SB 625. The motion is do passed to the Appropriations Committee. [Roll Call] You have 13 to 0. All Members having voted.
- Thomas Umberg
Legislator
Oh, my goodness. All right. Congratulations. That Bill is out. Yep. All right, Senator Wahab, file number 48, I believe, is next.
- Aisha Wahab
Legislator
All right, so we have SB 681. And I do want to highlight that SB 681 is part of the Senate Affordability Working Group package. It will address issues of housing affordability through a variety of mechanisms that focus on homeowners, renters, housing development, and the preservation of housing.
- Aisha Wahab
Legislator
The 2008 financial crisis set off a chain reaction that we're still recovering from today. Home ownership rates peaked in 2006 at 60.2% and then dramatically dropped starting in 2007. As of 2024, the homeownership rate in California was 55.3%.
- Aisha Wahab
Legislator
Private equity firms purchased en masse foreclosed homes and new development, creating a renter state and making the American dream harder to attain. Over 25% of single family renters who had owned their home previously are now renting due to foreclosure.
- Aisha Wahab
Legislator
For at least a year now, NPR has been reporting on the rise of zombie mortgages, which are second mortgages forgiven during the loan modification process but then sold to debt collectors who are now threatening foreclosure on these unpaid loans. Considered rare up to the 1960s, HOAS are now everywhere and through a combination of assessments and fines, driving up costs on homeowners.
- Aisha Wahab
Legislator
As far as renters, one in six middle class renters in California are now spending over half their income on housing. SB 681 addresses all of these issues, plus more, including closing loopholes in the Permit Streamlining Act, making permanent the Housing Accountability Act and the Housing Crisis Act, and prioritizing affordable housing units for California's multifamily seismic retrofit program.
- Aisha Wahab
Legislator
The bill robustly addresses the three Ps of housing, which is production, preservation, and protection, which are all needed to address the housing and affordability crisis. Finally, SB 681 quadruples the renter's tax credit and increases parity with the deductions homeowners receive.
- Robert Herrell
Person
Good evening. Mr. Chair and members, Robert Herrell of the Consumer Federation of California. We support the zombie mortgage provisions of the bill. Thank you.
- Thomas Umberg
Legislator
All right, thank you very much. Others in support if you're in support of SB681, please approach. If you're opposed, now's your time, Mr. Bellott.
- Michael Belote
Person
Well, thank you, Mr. Chair and members. Mike Belote, on behalf of the California Mortgage Association and some other lender groups, we are opposed to one section of the bill only. It is 5 of the bill and Senator Wahab spoke about it, as did Mr. Herrell. The zombie mortgage feature.
- Michael Belote
Person
No one that I know of disagrees that a loan which has been forgiven by a lender or servicer should not pop back up in some zombie fashion. That isn't what the bill says.
- Michael Belote
Person
The bill instead reaches back and says if a single notice of servicing transfer or ownership transfer was not delivered all the way back, the entire obligation is eliminated. That is contrary to all federal and state law. That says you're subject to damages, but you should not be eliminating the entire obligation.
- Michael Belote
Person
And further, it asks a servicer in order to enforce the terms of a subordinate deed of trust to certify under penalty of perjury that the loan has not been abandoned. That means every required notice was delivered.
- Michael Belote
Person
If a single one was not, the loan is unenforceable and you will do serious damage to the availability of financing in California. So our only problem is Section 5. Zombie mortgages are one thing, but the Bill covers something entirely different. Thank you.
- Holly Fraumeni de Jesus
Person
Holly Fraumeni de Jesus for Lighthouse Public Affairs only opposed to the bill unless amended. On behalf of SPUR, Abundant Housing Los Angeles, and California YIMBY we're, I think we're prepared to remove our opposition on the parking fee issue because I think we had heard that that might be coming in future amendments.
- Holly Fraumeni de Jesus
Person
We look forward to working with the author on future amendments. But it was, the opposition will be removing our opposition if that parking fee bundling issue is removed from the bill. Thank you.
- Embert Madison
Person
Embert Madison, California Apartment Association. We have an opposed unless amended position. It's a large bill, a lot of provisions, a lot of the good stuff. Only two provisions that we have issue with. The first is the screening provision that would prohibit landlords from obtaining a personal reference check from applicants. It's unclear why that's in the bill. It's not really necessary, this.
- Aisha Wahab
Legislator
Just for the record, CAA is opposed to the Bill. Got it. Okay. Always.
- Naomi Padron
Person
Good evening, Chair and members. Naomi Patron on behalf of the California Credit Union League in respectful opposition.
- Louie Brown
Person
Mr. Chair, members of the committee. Louie Brown on behalf of the Community Associations Institute. In opposition.
- Bernice Creager
Person
Bernice Creager with the California Association of Realtors, in respectful opposition.
- Thomas Umberg
Legislator
Thank you very much. I recognize that some of this opposition is late, so if you care to submit a letter, we'll read it. All right. Yes, Senator Arreguin.
- Jesse Arreguin
Legislator
Well, thank you very much, Mr. Chair. I was very pleased to serve on the Affordability Working Group. I want to thank the leadership of Senator Dr. Wahab, our co chair in bringing this important bill forward which is really focused on how can we make housing costs more affordable in California and continue the work to increase production of housing. Just one question to the author.
- Jesse Arreguin
Legislator
To my understanding, section 2, which would strike section 1947.1 of the Civil Code just in conversations that we've had, will likely be restored. That language will likely be restored back in the Civil Code. We're not going to be striking the language around and bundling a parking? I just wanted to just get clarification on that.
- Aisha Wahab
Legislator
As far as the technical amendments. I do just I don't want to necessarily say strike or remove or anything like that, but I will say that we are addressing the unbundled parking. That is not going to be necessary. Touch. We're going to take that in the next committee.
- María Elena Durazo
Legislator
Add my voice to what Senator Arreguin said because I worked on getting the that and.
- Scott Wiener
Legislator
I'm sorry, I just apologies. Sorry for my voice again. I just wanted to try to if I could get a clear answer, if there is one. Senator Arreguin uses the term likely. Right now, the bill mandates bundled parking. It repeals the Carrillo Bill and then it mandates bundled. Are you committing to removing.
- Scott Wiener
Legislator
Okay. With that, there's a lot of good stuff in this bill and I'm happy to support it with that commitment to take the bundled parking requirement out. Thank you.
- Thomas Umberg
Legislator
All right. Other questions, comments? If I could just ask the Apartment Association just there are two issues that were that were raised. What were those two issues in 10 seconds? And while you're coming up, I also asked Senator Wahab to respond to the section 5 issue raised by Mr. Belote. What were those two issues in 10 seconds?
- Embert Madison
Person
It would prohibit landlords from charging any fee not specified in our rental agreement. And the second issue was screen, the screening.
- Aisha Wahab
Legislator
So we, we have worked on this in particular that the fees have to be at least.
- Thomas Umberg
Legislator
I'm sorry, not, not as the Department Association as to what Mr. Belote had to say concerning section five mortgage.
- Thomas Umberg
Legislator
Mr. Belote? The, the issue was if there was one entry, it wiped out the obligation is what I.
- Michael Belote
Person
We don't disagree. If somebody has forgiven a mortgage, it shouldn't pop back up. But what the bill says is if any required notice under RESPA or TILA was not delivered, this is going back to existing mortgages. The entire obligation is obliterated. And that's we don't think is appropriate or legal.
- Aisha Wahab
Legislator
So I just want to highlight that, again, these zombie mortgages actually go back to 2008. One in particular, one of the requests was to strike the entire provision. Obviously, that was not something of interest. NPR did a full expose on that just in 2024.
- Aisha Wahab
Legislator
So not even that long ago that these zombie mortgages have been kind of hidden for a while, even as people are purchasing homes or transferring or doing anything like that, it has appeared out of nowhere, literally almost 20 years later. And out of. Again, out of nowhere, when many of these homeowners actually believe that they took care.
- Thomas Umberg
Legislator
I'm sorry, Senator, I don't think that was the issue. I think the issue was if a notice, for example, a notice of late payment or foreclosure has not been delivered, then the obligation is wiped out. Is that what you're.
- Michael Belote
Person
The present law, in state and federal law requires a notice of servicing transfer. Don't pay them, pay them instead. And if that is not delivered under present law, the damages are available, and we think that's appropriate. What is not available is the elimination of the obligation.
- Michael Belote
Person
And this applies to every subordinate loan having nothing to do whatever with zombie mortgages.
- Angelique Ashby
Legislator
Senator Umberg, I would just note that it's section three, paragraph two, where it talks about the bill would deem a portion of a debt secured by a subordinate mortgage abandoned. Section three.
- Michael Belote
Person
Well, let me have. Mr. Belote. I was looking at section five, beginning on page 20 at line five. As amended on April 10th.
- Thomas Umberg
Legislator
Okay. So Senator Wahab, I think. Let me run this by you, Mr. Belote, to make sure that I understand it. So if a loan is assigned. Right. And that assignment is not basically noticed to the. To the debtor, then the entire obligation is wiped out.
- Michael Belote
Person
Yes, it would. This bill would deem that an abandoned mortgage and unenforceable.
- Thomas Umberg
Legislator
I see. So if you owe $1.0 million and that loan is transferred, assigned to another entity, and you don't get notice, you no longer owe $1.0 million. Exactly. Okay. Senator Wahab.
- Aisha Wahab
Legislator
Yeah, I, I don't believe that's fully the case. Again, this, this bill, I'm happy to review some of the details that he is presenting. That's not how we view the bill as is. But again, like I said, we are more than happy to have that conversation in, in, you know, a future discussion within a week or two.
- Aisha Wahab
Legislator
But I, I will say that that is not necessarily the case of how we have viewed this.
- Thomas Umberg
Legislator
All right, well, at least I'm going to support the bill. But this sounds like an issue that needs to be clarified if nothing else. So. Okay, thank you. Other questions? Comments? Seeing none. Did someone move the bill? Senator Stern has moved the bill. All right, Madam Chief Counsel.
- Committee Secretary
Person
This is file item 48, SB 681. The motion is do passed to Senate Appropriations Committee.
- Thomas Umberg
Legislator
That bill is out. All right. Does anybody else have witnesses that are waiting? I see Senator Allen jumping up with great alacrity. All right, Senator Allen.
- Benjamin Allen
Legislator
All right. Item 31, SB 495 having to do with the fires. The challenge we have as people are going through the terrible process of filing claims with their insurance providers to replace lost belongings.
- Benjamin Allen
Legislator
Under current law, a homeowner that experiences total loss in a disaster may receive a payment of 30% or up to $250,000 of their coverage limits of their policy, their contents coverage without an itemized claim to receive the remainder, however, homeowners will have to undergo this really tedious and in many cases traumatizing task of creating an itemized list that includes the estimated value, the age, the condition of every single item lost in the disaster.
- Benjamin Allen
Legislator
And still many insurers will only pay the depreciated value until the homeowner repurchases and submits receipts for each item. So some insurers require, some insurers have just decided to cover all this, condense coverage just on the natural.
- Benjamin Allen
Legislator
But we do have some insurers that require policyholders to then submit these lists and proof of loss within 60 days of destruction, which, you know, is really unrealistic for policyholders experiencing loss in these wildfires because homeowners were prevented from even accessing their property in some cases for nearly a month after the fires due to unsafe and hazardous conditions in the burn areas.
- Benjamin Allen
Legislator
So to reduce the burdens that homeowners face in the wake of a disaster and provide homeowners relief more quickly, this bill will require insurers to cover 100% of personal property coverage limits without requiring policyholders to complete a content inventory and extend the period of time for policyholders to submit proof of loss to 180 days in the event of a declared emergency.
- Benjamin Allen
Legislator
The bill also gives the Department of Insurance the tool to collect catastrophe modeling and reinsurance data from insurers to understand risks in the insurance market. This information will be excluded from disclosure under the Public Records Act to protect the proprietary information of the insurance companies. We made sure of that.
- Benjamin Allen
Legislator
So here with me to testify and support is Josephine Figueroa, who's the Deputy Commissioner for Policy and Legislation for the Department of Insurance. He's probably learned far more about the Judiciary Committee today than she ever wanted. But we appreciate you still being here. You're a dedicated public servant, Ms. Figueroa.
- Josephine Figueroa
Person
Good evening, Mr. Chair and members of the committee. Josephine Figueroa, Deputy Commissioner and Legislative Director for the Department of Insurance under the leadership of Insurance Commissioner Ricardo Lara as the proud sponsor. Insurance Commissioner Lara would like to thank Senator Allen for his leadership in authoring this critical bill.
- Josephine Figueroa
Person
The goal of SB 495 is to simplify the process of Californians already facing traumatic experiences by requiring insurers pay 100% of personal property coverage limits to policyholders who suffer a total loss during a declared emergency. Additionally, the bill extends the time frame for policyholders who submit proof of loss to 180 days, with possible extensions for good cause.
- Josephine Figueroa
Person
Current law guarantees insurance prides only 30% of primary structure coverage limits, capped at a maximum of 250,000 after a total loss. This formula can be confusing for policyholders and often leads to insufficient payment for properties with higher limits, as seen during the Los Angeles wildfires in February.
- Josephine Figueroa
Person
As part of an effort to protect consumers following the LA fires, Insurance Commissioner Lada encouraged insurers to go beyond existing law and offer 75% to 100% of personal property coverage limits. Similar to past events in 2018 and 19, most insurance companies responded positively to the benefit of the impacted policyholders.
- Josephine Figueroa
Person
Moreover, SB 495 mandates that insurers provide the department with annual reinsurance and catastrophe model data for policies written in California the previous year. This particular dollar is particularly critical.
- Josephine Figueroa
Person
Access to clear point in time data of reinsurance and catastrophe modeling related to wildfire risk will enable the department to analyze market trends and and scenarios more effectively, ultimately leading to better communications with California consumers. SB 495 streamlines cumbersome procedures and ensures that policy.
- Josephine Figueroa
Person
On behalf of Insurance Commissioner Ricardo Lara. I ask for your I vote.
- Thomas Umberg
Legislator
Thank you. Any other witnesses in support of SB 495. If you're in support, please approach the microphone. If you're in opposition, please approach the microphone. If you're opposed to SB 495, please queue up.
- Seren Taylor
Person
Good evening. Good evening, Mr. Chair and members. Seren Taylor, on behalf of the Personal Insurance Federation of California, echo Ms. Figueroa's comment. It's been a joy being in this committee this evening, but thank you for the opportunity to discuss our concerns.
- Seren Taylor
Person
While SB 495 seems to be a well intentioned effort to put more money into the pockets of policyholders that experienced a wildfire loss, it will result in the unintended consequence of mandating major overpayments that increase the cost of insurance for all Californians.
- Seren Taylor
Person
The reason for this is because the current insurance underwriting process, where an insurer gathers information to assess the risk of a specific property and determine the price of coverage, is focused on Coverage A or dwelling coverage, which covers the physical structure of your home. So think about your walls, your roof, your floors.
- Seren Taylor
Person
However, with personal property coverage, known as Coverage C. So think about furniture, clothing, electronics. Insurers use a standard formula to arrive at a policy limit that is high enough that even outlier policy holders with above average personal property can claim their full losses.
- Seren Taylor
Person
So because insurers don't estimate the value of personal property when they issue the policy, the Coverage C amount is an upper boundary to cover the cost of losses that a homeowner did not experience. Right?
- Seren Taylor
Person
So thus, by sorry covers the upper down, which is much higher than most policyholders will ever need. Because insurers don't estimate the value of the property. Oh geez, I'm all off my paper. Let me start over. Because the insurers don't estimate the value of the property when they issue the policy, coverage amount is upper boundary.
- Seren Taylor
Person
Thus, by mandating insurers to pay 100% of this upper limit for every major disaster, the bill will force insurers to increase premiums to cover the cost of losses that a homeowner did not experience. SB 495 eliminates any checks and balances to ensure that unjustified overpayments do not occur.
- Seren Taylor
Person
It does not make sense to have a personal property coverage limit but then require insurers to pay 100% without doing any validation.
- Seren Taylor
Person
So that's a recipe for disaster. In 2020, the legislature debated the same issue struck the right balance between simplifying the process for policyholders and ensuring you don't legalize fraud. Ask for your I vote. Thank you.
- Mark Sektnan
Person
All right, Mark Sektnan with the American Property Casualty Insurers Association. I associate myself with the comments that Mr. Taylor made. This basically turns insurance into a grant. This is not reflected on what you lose. Basically reflected on whatever policy you write. It will create inequities between similarly situated people who may have different policies.
- Mark Sektnan
Person
One policy may be 30% of your content coverage, one may be 50. In this case, one person could be grossly overpaid. I also want to talk about the issues on the reinsurance thing. We're still working through some of the issues. The Department of Insurance does not regulate reinsurance. So it's very important. We're collecting this data.
- Mark Sektnan
Person
It's precise data and it doesn't get into the relationship between the reinsurers and the insurers. Thank you.
- Naomi Padron
Person
Good evening, chair and members. Naomi Padron, on behalf of the Pacific Association of Domestic Insurance Companies, respectfully opposed.
- Thomas Umberg
Legislator
Thank you very much. All right, any. Any other opposition to SB 495? Seeing none, back to the committee for questions. Senator Wahab has moved the bill. All right, seeing no questions. Senator Allen, would you like to close?
- Committee Secretary
Person
This is file item 31. SB 495. The motion is do pass the Senate Appropriations.
- Thomas Umberg
Legislator
9 to 2. All members voting? No. All right, we'll put it on call. Thank you very much. Okay.
- Benjamin Allen
Legislator
All right, this is SB 601. Let me thank the committee staff for its working on the bill. I'll be accepting all the proposed amendments outlined in the analysis. So this bill is about enshrining long standing federal protections into state law.
- Benjamin Allen
Legislator
Under the authority of the State Water Board. We had the federal Clean Water Act from 1972 which regulates discharges of federal, of pollutants into waters of the United States, WOTUS. It requires quality standards for surface water.
- Benjamin Allen
Legislator
Now, under this law, it's illegal for industrial, municipal, other facilities to discharge pollutants into these waters without or in violation of a permit which are issued by the Water Boards. Now that was going fine until 2023. The Trump dominated Supreme Court in Sackett v. Environmental Protection Agency.
- Benjamin Allen
Legislator
Significantly narrowed the definition of WOTUS in the Clean Water Act to not apply to certain wetlands and waters that are not relatively permanent. Now, the problem with their definition is that it was very east coast definition based on the hydrology of rivers in the East Coast.
- Benjamin Allen
Legislator
And it basically stripped many wetlands and streams of their long, and indeed even some rivers, of their long standing federal protections against contamination, while creating more uncertainty regarding which waters remain protected, particularly for streams that may dry up occasionally, which is very common in the West.
- Benjamin Allen
Legislator
So while state law we have the Porter-Cologne Act, this does continue to regulate these waters, but it doesn't have all the same protections that the Clean Water Act had. Including things like maximum daily load requirements and impaired water listings, those kinds of things.
- Benjamin Allen
Legislator
And the enforcement tools under Porter-Cologne are not as strong as under the Clean Water Act, which had higher penalties, opportunities for citizen enforcement violations in order to supplement agency efforts to hold polluters accountable. So you know what, we're trying, to be really clear, I mean, the waters that we're seeking to capture in this bill and the dischargers into those waters have been subjected.
- Benjamin Allen
Legislator
They've been subject to citizen enforcement for violations of the Clean Water Act for decades, and they would still be subject to this enforcement tool in federal court if not for the narrow definition of WOTUS under the Sackett decision.
- Benjamin Allen
Legislator
The history of suits under this law show citizen enforcement has been an important and effective tool at preventing pollution and holding violators financially accountable for remediation when improper discharges has occurred. I'll give you one example from my neck of the woods. 1999, a citizen action led to a 90% decrease in sewage pollution that was being discharged into the Santa Monica Bay.
- Benjamin Allen
Legislator
The suits under SB 601 would be subject to a very specific process that includes providing notice of intent to file to the alleged violator, the Regional and State Water Board, the Attorney General, local public counsel, 60 days prior to filing, citizen suits. We're modeling this after the federal mechanism that was under the Clean Water Act.
- Benjamin Allen
Legislator
Citizen suits would not be able to proceed if any of these entities were already pursuing civil or criminal enforcement of the alleged violation. And the 60 days period would give them the opportunity to step in and take over enforcement.
- Benjamin Allen
Legislator
And meanwhile, there are indications federally that there may be further changes to the definition of WOTUS and the water quality standards that apply to them, creating additional uncertainty. So we want to uphold 50 years of federal protections by codifying the pre Sackett framework in state law to the best we can.
- Benjamin Allen
Legislator
You know, to ensure California's clean water protections don't backslide because of this, this narrower definition. So 601 will apply protections to nexus waters defined to cover all waters previously protected under federal authority. And they'll provide the State Water Board with tools to effectively permit discharges to nexus waters with state analogous permits and enforce them.
- Benjamin Allen
Legislator
With me today to testify in support of the bill, also very patient, is Sean Bothwell of California Coastkeeper Alliance and also Michael Claiborne from Leadership Counsel for Justice Accountability.
- Sean Bothwell
Person
No problem. Good evening Chair, members. Sean Bothwell, Executive Director for California Coastkeeper Alliance. As the senator mentioned, two years ago the Supreme Court made a decision that vastly restricted and pulled back the jurisdiction of the Clean Water Act.
- Sean Bothwell
Person
It is estimated that In California alone, 600,000 miles of streams are going to lose Clean Water Act protections and up to 50 to 93% of our wetlands are going to lose Clean Water Act protections that we've enjoyed for over 50 years. The goal of this bill, of SB 601, is really to maintain the status quo of our Clean Water Act protections while unfortunately the rest of the nation goes backwards.
- Sean Bothwell
Person
I really appreciate Committee staff helping us with amendments for this bill. Specifically the standing section to make sure that what we have under SB 601 mirrors and matches exactly what we had under the Clean Water Act. SB 601 only allows communities to enforce and protect the same waterways that they always have. This isn't a new private right of action or expanded private right of action. It's exactly what we've always had under the Clean Water Act.
- Sean Bothwell
Person
And there is specific language in SB 601 that says that a community group can only bring an enforcement action if there was a cause of action under the Clean Water Act and only for those waters that were protected under the Clean Water Act before the Sackett decision.
- Sean Bothwell
Person
The Clean Water Act and SB 601 also comes with safeguards to make sure that we're doing enforcement responsibly. We require a 60 day notice to the polluter to cure their pollution or come into a long term settlement.
- Sean Bothwell
Person
We also provide 60 day notice to the government, the Attorney General, the local AG's office and the Water Boards to all step in and take over the case if they decide that it's frivolous or they just want to do a better job with the enforcement.
- Sean Bothwell
Person
I'll close with this that this bill is not successful unless we prevent permit shopping. We do not want folks trying to move from a Clean Water Act permit down to a state permit.
- Michael Claiborne
Person
Good evening to the Chair and the committee. My name is Michael Claiborne. I'm a directing attorney with Leadership Counsel for Justice and Accountability. We work alongside low income communities of color in the San Joaquin Valley and the East Coachella Valley.
- Michael Claiborne
Person
And many of the communities we work with lack access to safe and affordable drinking water. We support SB 601 because without effective laws, regulations, and enforcement to protect sources of drinking water, we're never going to realize and fulfill the promise of the human right to water, which the state codified in 2012. Why is that?
- Michael Claiborne
Person
It's because every time a drinking water source becomes polluted, it takes time and money, significant amounts of both to address that problem. And as you work to address that problem, additional pollution issues arise in other communities, so that you then have to address.
- Michael Claiborne
Person
And it feels like we're on a treadmill a lot of the times because additional communities keep falling out of compliance with safe drinking water standards. I'll note as a final point that enforcement capacity at the state and regional Water Boards was stretched thin even before the Sackett decision and the federal retreat from environmental protections.
- Michael Claiborne
Person
This bill would help to address that critical gap by standardizing clean water enforcement for the Water Boards while mirroring the federal community enforcement protection under state law. We urgent aye vote and thank you.
- Kim Delfino
Person
Good evening. Kim Delfino, on behalf of Defenders of Wildlife, which is a co sponsor of this bill, in support. Along with Audubon California, California Native Plant Society, Golden State Salmon Association, CalTrout, and Trout Unlimited.
- Marquis Mason
Person
Marquis King Mason, California Environmental Voters, this top priority for us as a support. Also on behalf of Planning Conservation League. Mono Lake Committee, League to Save Tahoe Lake, the Water Foundation, Natural Resource Defense Council, and Environmental Defense Fund. Thank you.
- Abraham Mendoza
Person
Good evening, Mr. Chair and members. Abraham Mendoza, on behalf of the Community Water Center as well as Clean Water Action. Thank you.
- Thomas Umberg
Legislator
Thank you very much. All right, if you're opposed to SB 601, now's your opportunity. Please queue up.
- Kristopher Anderson
Person
Good evening, Mr. Chair and members. Kris Anderson, on behalf of the California Chamber of Commerce here in respectful opposition to SB 601, a bill which we have labeled a cost driver. So California's water quality regime, which is the most protective of any state in the nation, is designed to maintain protections regardless of actions at the federal level.
- Kristopher Anderson
Person
That is why the State Water Board, following the Sackett decision was issued, said the following, "though the State Water Board is extremely disappointed in the decision and the adverse impacts it'll have nationally. It only narrows the scope of federal jurisdiction and does not weaken California's more stringent wetlands protections." So simply speaking, SB 601 is seeking to fix a problem that doesn't exist.
- Kristopher Anderson
Person
What I, one thing that I do want to note with some of the discussion around the private right of action is the bill would say, with the amendments, it would say that the private right of action is available if it was available any time before the Sackett decision. So a couple of things there.
- Kristopher Anderson
Person
The Clean Water Act is about 50 years old and the definition of WOTUS, with all due respect to the author, has been litigated extensively for decades. It's famous for how much litigation has been over this particular definition and how it has changed between Republican and Democratic administrations in the White House.
- Kristopher Anderson
Person
So what this bill is doing is incentivizing a potential plaintiff to read the broadest possible expansion of the Clean Water Act at any time since its adoption. And all that litigation that has occurred at the federal level will undoubtedly occur at the state level, creating tremendous amount of uncertainty for the regulated community.
- Kristopher Anderson
Person
California has dedicated more resources than any of the state to enforcement, meaning there is no justification for a private right of action. Respectfully request your no vote. Thank you.
- Brenda Bass
Person
Good evening, Chair and members. I'm Brenda Bass of KP Public affairs here on behalf of Western Growers. We are unfortunately opposed to SB 601 due to the creation of a new private right of action and the lack of clarity regarding the traditional scope of the Clean Water Act, among other reasons.
- Brenda Bass
Person
So along the lines that my colleague just outlined, the limits of federal jurisdiction have ebbed and flowed over the Clean Water Act's 50 year history. Sackett is the latest in a line of Supreme Court cases that have dealt with a question of where federal jurisdiction over water quality ends.
- Brenda Bass
Person
It began with Riverside Bayview in 1985, continued with Solid Waste Agency of Northern Cook county in 2001, and then Rapanos in 2006. Again, the definition of waters of the United States gets changed at the administrative level with essentially every new federal administration.
- Brenda Bass
Person
Through all of this time, the state's water quality control law, Porter-Cologne, has been there to capture any waters that might drop out of federal jurisdiction, plus a whole host of waters that are never subject to federal jurisdiction. Thus, there's just no gap to be filled here.
- Brenda Bass
Person
SB 601 also creates new risks for agricultural operations, while recent amendments attempt to limit the scope of the bill to discharges from point sources, it's insufficient to fully protect agricultural operations from new exposure to third party lawsuits.
- Brenda Bass
Person
For example, due to narrow exceptions for what is not a nexus water and the bill's application to dredge and fill activities. Maintenance and cleaning of ag ditches would come with the risk of being sued over, despite the fact that those artificial water bodies have never been considered a WOTUS at any time.
- Brenda Bass
Person
Additionally, the committee's amendments don't go far enough to ensure that our operations are protected from malicious lawsuits. Many citizen lawsuits settle before going to court, meaning that issues like standing are never litigated.
- Soren Nelson
Person
Good evening. Soren Nelson with the Association of California Water Agencies. Respectfully opposed. Also on behalf of Santa Clarita Valley Water District and CSDA. Thank you.
- Jason Eichert
Person
Good evening, Mr. Chair. Jason Eichert, on behalf of the California Municipal Utilities Association, the San Francisco Public Utilities Commission, the Orange County Water District. All respectfully opposed to the bill. Was also asked to express the opposition of the California Stormwater Quality Association. Thank you.
- Noel Kramers
Person
Good evening. Noel Kramers with Wine Institute. Respectfully opposed.
- Lily Mackay
Person
Good evening. Lily Mackay on behalf of San Luis & Delta-Mendota Water Authority, West Valley Water District, Elsinore Valley Municipal Water District, and United Water Conservation District. Opposed. Thank you.
- Louie Brown
Person
Mr. Chair, members of the committee, Louie Brown, on behalf of the California Rice Commission, California Cotton Growers, California Citrus Mutual, California Fresh Fruit Association. Also asked to express the opposition for the California League of Food Processors. Thank you.
- Melissa Sparks-Kranz
Person
Melissa Sparks-Kranz with the League of California Cities. Respectfully opposed.
- Brenda Bass
Person
Have a couple of me too's. Here for Western Municipal Water District, Mojave Water Agency, and SEEB. Also in opposition.
- Karim Drissi
Person
Good evening, Mr. Chair and members. Karim Drissi on behalf of the California Building Industry Association, in opposition. We urge a no vote on this housing killer. Thank you.
- Eric Will
Person
Eric Will with Rural County Representatives of California, respectfully oppose.
- Alexandra Biering
Person
Good evening. Alex Biering, California Farm Bureau. Respectfully opposed. Thanks.
- Ethan Nagler
Person
Ethan Nagler, on behalf of the City of Santa Rosa. Respectfully opposed.
- Alexandra Lavy
Person
Alexandra Levy, on behalf of the Cucamonga Valley Water District. Respectfully opposing. Thank you.
- Thomas Umberg
Legislator
Thank you. Anyone else opposed? Please approach. SB 601. Seeing no one else approach. Let's bring back committee for questions. Seeing no questions. Senator Wahab has moved the bill. Just one question for you, Senator Allen. It's my understanding your intent is to. Do you have a question? I'm sorry. Senator, you go first. Senator Valladares.
- Suzette Martinez Valladares
Legislator
Thank you, Mr. Chair. I just was wondering why. So, in 2004, the state budget required the State Water Resource Control Board to submit a report to the legislature specifically on the Sackett v. EPA decision. So why would we be moving forward with this before that report has been issued?
- Suzette Martinez Valladares
Legislator
And to, yes, to talk about decision to, I would assume, give recommendations on how California might want to move forward.
- Benjamin Allen
Legislator
Obviously, they're doing their job in terms of, you know, this was a massive, massively impactful decision on water policy. So it would make sense that they would want to study it. You know, but we're.
- Benjamin Allen
Legislator
We're simply, you know, it's clear that this decision has limited the predict, the protections that existed under the Clean Water Act for certain types of waterways. So I don't need a report to tell me that while what we're trying to do here is kind of extend that protection back.
- Suzette Martinez Valladares
Legislator
So I just have concerns that one of the most significant Water Boards in the state is going to be issuing a report that we're not considering as we're moving this forward. So that's all. Thank you.
- Thomas Umberg
Legislator
Thank you. Senator Valladares. Question for you, Senator Allen. My understanding, your intent is to have the private right of action apply basically as to actions the day before the Sackett decision. Not anytime, 50 years, for example, before the Sackett decision. Is that your understanding?
- Thomas Umberg
Legislator
All right. And you'd be willing to make sure we clarify that in the bill?
- Thomas Umberg
Legislator
All right, great. Thank you. Okay. Other questions. See? No other questions. Senator Stern moves the bill. Oh, I'm sorry. Wahab moved the bill. Senator Wahab moved the bill. Committee Assistant Porter, please call the roll. Oh, I'm sorry. Would you like to close, Senator Allen?
- Thomas Umberg
Legislator
There's just two more bills to be heard. After those two bills are heard, we're going to try to call the roll one time. I see we have everybody here, so that'll work out wonderfully. All right. Thank you.
- Thomas Umberg
Legislator
All right. Thank you, Mr. Chair and Members. SB 448, this is a bill that deals with squatters. Doesn't deal with unlawful detainer actions. It doesn't deal with people who are staying over their tenancy. It deals with squatters and simply provides a straightforward process to reclaim real property from trespassers, I.e. squatters.
- Thomas Umberg
Legislator
It allows a private property owner to request a city or county law enforcement to remove an individual from the property by submitting a sworn affidavit stating that the individual has unlawfully entered, refused to leave when directed, and whom has no right to occupy the property. Basically, these are folks stealing occupancy. I urge an aye vote, and with me are two witnesses. Thank you very much. Your punishment for supporting this bill is you had to stay here this long. Mr. Mark Smith testifying on behalf of CalRHA and Ms. Bernice Creager on behalf of the Realtors.
- Mark Smith
Person
Our punishment is that we like it enough, we want to sponsor it. So thank you, Mr. Chair. Thank you, Mr. Vice Chair. Mark Smith on behalf of the California Rental Housing Association. CalRHA represents 15,000 small to medium rental housing providers with over 733,000 units of housing.
- Mark Smith
Person
States like New York, Pennsylvania, and Georgia have already passed new laws addressing illegal trespassing, recognizing the severity of this issue. This is not an eviction bill. It is a trespasser and squatter removal bill. For example, trespassers occupy vacant properties that are not part of the rental market.
- Mark Smith
Person
These properties may be for sale, for rent, under renovation, or an owner is simply away from their home for a period of time and a trespasser refuses to leave. Right now, reclaiming private property has turned civil courts into de facto shelters and case managers for illegal trespassers.
- Mark Smith
Person
The current civil court process can take months and costs the property owner thousands of dollars. Rightful owners are stuck in limbo with no efficient and effective recourse to reclaim their property. It's not just the property owners who suffer. Whole neighborhoods suffer. Criminal activity often spikes, property and community drop, neighbors live in fear of retaliation by the trespasser.
- Mark Smith
Person
Supporting 448 helps protect the fabric of our neighborhoods and says to the community that we care about their safety. SB 448 also protects lawful renters by clearly defining who qualifies as a legal occupant, reducing wrongful evictions and preserving tenant protections. Over the past weeks, we've reached out to and or met with those in opposition.
- Mark Smith
Person
We have accepted certain suggested amendments which have made this bill better and corrected balancing of interests without punishing property owners. We remain open to conversations with the opposition. In closing, we urge your support of SB 448. It is a balanced, common sense solution to a growing problem and protects both property owners and others with lawful claims of possession. Thank you for your support.
- Roger Niello
Legislator
And Ms. Creager, I notice that your husband is in the audience. That is true dedication. Unless he's testifying on something, which I don't think so, that's dedication. You may proceed.
- Bernice Creager
Person
He's here on his own accord, so we're trying to figure out dinner. Good evening, Chair Umberg and Members. Bernice Jimenez Creager with the California Association of Realtors, proud to be co-sponsors of SB 448 and to be here with you all this evening. I'm here to express our strong support for this important measure.
- Bernice Creager
Person
SB 448 responds to a troubling and growing pattern across California, individuals unlawfully entering and occupying residential properties and then exploiting legal gray areas to maintain to remain in these properties indefinitely. These cases are not about landlord tenant disputes. They're about trespassers using the court system to delay lawful removal, often at a great cost to small housing providers and at the expense of the judicial resources.
- Bernice Creager
Person
The current legal framework forces owner, many of whom are mom and pop landlords, to pursue full unlawful detainer actions even when there is no valid lease, no evidence of tenancy, and no good faith dispute over possession. This clogs the courts, delays justice, and forces legitimate property owners into expensive, prolonged litigation. SB 448 offers a narrowly tailored judicial remedy.
- Bernice Creager
Person
It creates a verified petition process through which a property owner can seek a court order confirming that the occupant is unlawfully residing in a property. Again, this is not an eviction bill. Once that order is issued, following proper notice and an opportunity to be heard, law enforcement can then act.
- Bernice Creager
Person
This ensures judicial oversight, preserves due process, and avoids any risk of unlawful detention. SB 448, again, upholds the integrity of the judicial process by including penalties for false filings, protections for bonafide tenants, and guide rails to prevent abuse. Again, as stated in the previous hearings and by the author, this is not an eviction measure.
- Bernice Creager
Person
This bill is about restoring respect for court order, reducing misuse of judicial time, and ensuring that real cases of unlawful squatters can be addressed efficiently without compromising due process. For this reason, respectfully urge and no. Sorry. A yes vote.
- Kimrey Kotchick
Person
Good evening, Chairman. Thank you. My name is Kimrey Kotchick, and I'm the partner of Squatter Squad LLC, and I represent also over 300 clients that this bill would. I am strongly supporting, and they told me to tell you all they are too. Thank you.
- Mark Smith
Person
Hello again. If you'll bear with me, I was asked to read some organizations in support of the bill. The Berkeley Property Owners Association, the NorCal Rental Property Association, the North Valley Property Owners Association, Santa Barbara Rental Property Association, Small Property Owners of San Francisco, couple more. The Apartment Association of Greater Los Angeles, the Apartment Association of Orange County, the East Bay Rental Housing Association, and the the Southern California Rental Housing Association. Thank you, Mr. Chair.
- Roger Niello
Legislator
Thank you, Mr. Smith. Do we have others in support? Now we'll hear from the opposition. Come to the microphone.
- Cox Carmen-Nicole
Person
Good evening, Chair, Mr. Umberg, Senators. Very confused by something I just heard talking about judicial process. This bill is not about judicial process and doesn't provide for judicial process. In the Public Safety Committee, ACLU focused our opposition testimony on crime and punishment provisions.
- Cox Carmen-Nicole
Person
In this Committee, we're going to focus on the fact that this bill flips the constitutional principles on their head. On its head. My name is Carmen-Nicole Cox. I'm here on behalf of ACLU California Action. Under existing law and in compliance with constitutional right to due process, when two parties have a dispute over a property, both parties are authorized to go to court, present their claims, and seek a ruling from the court. This bill does not allow for that.
- Cox Carmen-Nicole
Person
Instead, it would allow a landlord to have tenants forcibly removed after merely filing a document with local law enforcement, then immediately displaying a 72 hour notice on the property. Even where a landlord's belief is legally incorrect, on the 73rd hour, the landlord can make a written request to law enforcement to effectuate the speedy removal of the household.
- Cox Carmen-Nicole
Person
ACLU finds this policy approach would be traumatically destabilizing for the 44% of households who are renters in this state. Tasking untrained law enforcement officers to make an on the spot determination and adjudicate competing claims of protected interest in real property goes too far. That is the role of the courts, as the young lady in support just said.
- Cox Carmen-Nicole
Person
As the AG has recently said in a bulletin to law enforcement, most many renters do not have ready access to proof of tenancy. That is why local law enforcement may not assist with evictions. Only the sheriff or the marshal can forcibly evict and only after a court has adjudicated the dispute.
- Cox Carmen-Nicole
Person
In closing, I'll just say, as a rental property owner myself, we refer to folks like me as a small mom and pop. I desire to protect my investment from being occupied without authorization. Because my parents were renters during my entire childhood, I am scared as hell for the children whose landlords would use this bill to expedite traumatic and unlawful eviction.
- Benjamin Henderson
Person
Good evening. My name is Benjamin Henderson. I'm here on behalf of the Western Center on Law and Poverty and Tenants Together in respectful opposition to Senate Bill 448, which will allow landlords to forcibly remove any person the landlord claims is unauthorized to be on the property without due process.
- Benjamin Henderson
Person
First, we already have a process to remove alleged squatters in civil code procedure 1160 via forcible detainers. This bill attempts to solve a problem that already has a solution and is unnecessary. Second, the bill is not limited to only vacant properties. As written, this bill applies to all properties regardless of occupancy status.
- Benjamin Henderson
Person
The PC 602 form does little to ensure that this only applies to vacant properties because this is no, because there is no independent verification of vacancy. This will open the door to unscrupulous landlords abusing the law to forcibly remove or lock the person out who has a valid claim, but for whatever reason cannot produce a lease. So this has the potential to target undocumented and marginalized communities without due process of law and weaponized law enforcement. Due to the risk of abuse and the lack of due process, we respectfully oppose.
- Kate Vivey
Person
Kate Vivey on behalf of Legal Aid of Sonoma County, also in opposition.
- Roger Niello
Legislator
And any others in opposition? Seeing no one come forward. Bring it back to the Committee. Questions? Comments? Senator Arreguín.
- Jesse Arreguin
Legislator
Well, I want to thank the author for working with the Public Safety Committee to make, I think, some important amendments that build on existing state law. I think clarify that this is not about trying to evict people with a rightful possession of a property. This is really trying to deal with the issue of people that are unlawfully occupying a property who have no legal right to possession. And at the appropriate time, I'll make a motion to move the bill.
- Roger Niello
Legislator
Other questions or comments? Seeing none. And moved by Senator Arreguín. Senator Umberg, you may close.
- Committee Secretary
Person
Okay. This is file item 59, SB 448. The motion is do pass the Senate Appropriations. [Roll Call] 13 to 0.
- Thomas Umberg
Legislator
Entitled the Protecting Consumer Rights and Public Trust in Consumer Advertising Bill. So with your. Thank you. For those of you who don't like lawyers and those of you do not like lawyer advertising, you're welcome. Because what this Bill does is this Bill limits attorney advertising. It requires that advertising be as ethical as possible.
- Thomas Umberg
Legislator
That it forbids advertising misleads consumers who lack expertise in distinguishing among deceptive promises. What it says is you can't make false representations about, for example, amounts of money recovered, about certain recognitions that you may or may not have or may be fake. And it provides a private right of action.
- Thomas Umberg
Legislator
That private right of action allows an attorney to sue the attorney who's making false claims. So. And you didn't ask the question. It has no opposition. And with me to testify is the ever patient, long suffering Ms. Savina Thakkar.
- Savina Thakkar
Person
Thank you, Mr. Chair. Members, Savina Thakka with the Consumer Attorneys of California proud sponsor. We align our comments to the chair. Right now, enforcement is limited to the state bar. So it's important that consumers also have a revenue. We urge your aye vote.
- Michael Belote
Person
Mr. Chair Mike Belote, on behalf of the California Defense Counsel, pleased to support also.
- Roger Niello
Legislator
Thank you. You said no opposition, but I have to call. Is there anybody opposed? We even see yawning in the audience. It's understandable. We will bring it back to the Committee. Any questions or comments, Senator Valladares?
- Suzette Martinez Valladares
Legislator
So if an attorney claimed to be a prosecutor but never prosecuted a case under this, they could be. There could be a private right of action.
- John Laird
Legislator
I just wanted to say this is a great Bill and it complements a couple of others that are out there to deal with this issue. And it's very significant that it's strongly supported from the attorneys. This isn't something that's being done to them. They are supporting making sure their ranks are clean. I would move the Bill.
- Roger Niello
Legislator
All right. The Bill has been moved. Senator Umberg, you may close.
- Thomas Umberg
Legislator
If I weren't so tired, I would be more effusive in my praise of CAOC and defense counsel coming together to support this Bill. Urge an aye vote.
- Thomas Umberg
Legislator
All right. Once and once only. All right. Committee assistant porter, please begin.
- Thomas Umberg
Legislator
13-0. Bill is out. I think that's okay. Let's. Before people leave, any vote changes, anything. Okay. Thank you very much to the Judiciary staff. Monumental effort. Monumental effort. And thank you to our sergeants. You kept us safe. Thank you very much. And I think there's still some food. Is there still some food? I think so. Thank you. And there's still some food. Yay. All right. He's good.
- Thomas Umberg
Legislator
Oh, I'm gonna wait a little while, so. All right, we're adjourned. We'll see you on May 6th at 1:30. It's been a real slice of heaven. Yes, it has been a slice of heaven. Good job.
No Bills Identified