Senate Standing Committee on Judiciary
- Thomas Umberg
Legislator
Senate Judiciary Committee will come to order. Good afternoon. We're holding this committee hearing in Room 2100 of the 0 Street Building. I ask that all members of the committee present themselves in Room 20 1 Hundred, so we can establish a quorum. So far, we're only lacking 10. Before presentations today, what I wanna do is I'm gonna announce the ground rules. I'm also gonna announce the bills that are on the consent calendar. There are five on the consent calendar today. File number three, SB 870 by Senator Cortesi. File number six, SB 902 by Senator Grayson.
- Thomas Umberg
Legislator
File number 13, SB 1129 by Senator Caballero with amendments. File number 17 SB 1264 by Senator Valladares. And finally, file number 21 SB 883 by Senator Umberg. Today, one one one moment. One other administrative announcement. Senator Laird is not able to participate in today's hearing, and he has been replaced by Senator McNerney. So for those of you who have been to Senate Judiciary before, I think you know the process. The procedure is as follows. So for each bill, we will have two primary witnesses in support and if there are two primary witnesses in opposition, they may testify as well. Each witness in support will be allocated two minutes.
- Thomas Umberg
Legislator
Two minutes for witness one, two minutes for witness two. After the witness witnesses in support testify, then if you wish to provide what we call me too testimony, please approach the microphone. Give us your name, your affiliation, and your position on the bill. In other words, my name is Tom Umberg. I'm affiliated with the state senate.
- Thomas Umberg
Legislator
My position is I support, I oppose. Exact same process for opponents. Two minutes each and then those who oppose come up and present themselves with their name, their position, their affiliation. We do not have, as you know, we do not have a quorum, but we do have authors here. And so what we'll do is we're gonna proceed with the consent of the authors with a subcommittee.
- Thomas Umberg
Legislator
And first, I see Senator Alvarado-Gil who's here. And I also who else do we see here? Is there any other authors hiding in the audience? No. I don't see them? Alright. Just for administrative purposes, we expect to go fairly late today. Senator Alvarado Gil, congratulations on having your last name begin with a.
- Thomas Umberg
Legislator
And so those of you who are here for folks who are on the committee, for example, Senator Weiner, this is gonna be a little while before we get to those bills. Alright. Senator Alvarado-Gil, the floor is yours.
- Marie Alvarado-Gil
Legislator
Thank you, Chair Umberg, members of the committee who will be joining us shortly, and members of the public for joining us today. Today, I'm presenting on Senate Bill one two three four, which ensures that when a juvenile court orders a parent or guardian to undergo drug testing in a dependency case, the testing panel includes fentanyl. This bill honors the memory of children who have tragically lost their lives due to fentanyl poisoning and recognizes the profound impact these losses have on families.
- Marie Alvarado-Gil
Legislator
We know these as these families as angel families and the lives lost, angel babies. Under current law, courts already have the authority to order drug testing and dependency cases. However, there is no requirement that fentanyl be included in those tests. Senate Bill 1234 addresses the gap in a simple and targeted way. It does not expand when drug drug testing can be ordered and it does not create new requirements for families. Instead, it ensures that when testing is already deemed necessary, Fentanyl, one of the dead deadliest and most prevalent substances in today's drug addiction crisis, is included in that drug panel.
- Marie Alvarado-Gil
Legislator
Fentanyl has has become an increasing threat to children and between 2015 and 2023, fentanyl poisonings in The US rose by more than nine hundred percent. This was among children 12 and over fifteen hundred percent among teenagers. In a recent study by the University of Davis, in 2023, we studied the deaths of fifteen children under the age of five that lost their lives due to fentanyl exposure. And thanks to my colleagues in the Senate, like Senator Cortese from San Jose area, we've seen monumental legislation come through this body. So today, I'm asking you to continue to protect the lives of angel babies.
- Marie Alvarado-Gil
Legislator
Senate Bill one-two-three-four is a narrow practical step that strengthens an existing process without adding new family centered structural burdens. It's a measure that's focused on child safety during one of the most critical stages in the dependency system, family reunification. This measure has received broad bipartisan support including from the Chair and the Vice Chair of this Committee. Thank you for your co authorship, as well as law enforcement and public safety organizations across the state, county sheriffs, probation departments, and district attorneys. I respectfully ask for you to support this bill and continue in our fight to take on the fentanyl crisis here in our great state of California.
- Thomas Umberg
Legislator
If anyone here in the audience is in support of SB 1234 and wish to be heard, please approach the microphone. Seeing no one approach the microphone, let's turn the opposition. If you're opposed to SB 1234, please approach the microphone. Seeing no one approaching the microphone, let's bring it back to committee for questions. Senator McNerney, do you have any questions?
- Jerry McNerney
Legislator
No. I I certainly appreciate the author for bringing this bill forward. And, just to clarify, the testing would apply to the, guardians not to the not to the, child. Right?
- Marie Alvarado-Gil
Legislator
That's correct. So we currently, in juvenile court, if there is a family reunification plan where there's a known addiction of one of the guardians or parents, we are already testing. Unfortunately, fentanyl is not part of that panel. So yes, the testing would be on the, guardian or caregiver.
- Thomas Umberg
Legislator
Alrighty. Thank you. At the appropriate time, well, would you like to close?
- Marie Alvarado-Gil
Legislator
Yes. I just kindly ask for your aye vote and, understand that we are in subcommittee now and look forward to being able to move this bill to the next committee.
- Thomas Umberg
Legislator
Thank you. At the proper time, I assume there will be a motion and then we'll take it up for a vote.
- Thomas Umberg
Legislator
Alright. I see Senator Alvarado-Gil. I mean, I'm sorry. Aragine. I see both of you here.
- Thomas Umberg
Legislator
I see Senator Aragine as well. Thank you. Go ahead. The floor is yours.
- Jesse Arreguin
Legislator
Well, thank you, mister chair. Members, the opportunity to present Senate Bill twelve fifty seven. I will be accepting the committee amendments. This bill requires the attorney general to publish annually a publicly available report that summarizes immigration enforcement incidents and activities that occur in California, as as well as to submit that report to the governor and the legislature. S B 1257 authorizes the attorney general to request information directly from designated safe locations of immigration enforcement incidents at locations like schools, hospitals, and courthouses, and places of worship in order to prepare such a report.
- Jesse Arreguin
Legislator
And the attorney general will also be empowered to take enforcement action to assure compliance with this bill. Put this in context, California is home to 11,000,000 immigrants. And from January to October 2025 alone, 18,000 arrests were recorded in our state. These enforcement actions have produced fear across communities, causing people to miss medical care, avoid school, and withdraw from public life. The attorney general already collects immigration enforcement, misconduct information online through an online portal, as well as information that is shared with his office directly.
- Jesse Arreguin
Legislator
This bill will build on that practice by making that information publicly accessible on an annual basis. This builds on legislation we passed last year, such as SB 81, SB 98, and SB 49 to ensure effective enforcement oversight of these laws. Transparent reporting restores trust and helps the state build, hold entities responsible for adherence to the laws meant to protect patients, students, workers, and, providers accountable at designated state locations. This bill is proudly sponsored by the Latino Coalition for Healthy California and TOTEC Legal Center. We thank them for unwavering commitment to immigrant health and justice.
- Jesse Arreguin
Legislator
And with me to testify today is Mar Velez, the policy director with the Latino Coalition for Healthy California and Luz Gallegos, executive director at the TOTEC Legal Center. The appropriate time, I respectfully ask for an aye vote.
- Mar Velez
Person
Good afternoon, chairs and members. My name is Mar Velez. I am the policy director for the Latino Coalition for Healthy California. Our organization advances and protects Latino health through policy and advocacy with a vision of ending Latino health inequities in our state, and we are proud co sponsors of s p 1257. SB 1257 represents a significant step in guaranteeing the effective enforcement of protections for immigrant communities that were signed into law last year.
- Mar Velez
Person
Additionally, it provides essential accountability to the public regarding violations of these laws and the circumstances surrounding immigration enforcement within our state. SB 1257 requires the California attorney general to publish an annual report on immigration enforcement incidents at designated safe locations, including at schools and health care facilities. Last year, SB 81, which protects health spaces from unlawful immigration enforcement, was made state law.
- Mar Velez
Person
However, the truth is is that although laws like SB 81 were passed, sensitive locations like hospitals and clinics continue to deal with the impacts of violent, fear inducing, and disruptive activities by immigration enforcement. Health care providers and health care workers continue to be the front lines between ICE and immigrant patients.
- Mar Velez
Person
Therefore, providing and reporting data of when these incidents take place is one of the strongest accountability tools we have. Without accurate public data, unlawful actions go undetected, and fear continues to spread. The gathering and reporting of data will assist the state in ensuring that entities comply with regulations designed to safeguard patients, students, workers, and providers at specified safe locations. For these reasons, I ask for you I vote. Thank you.
- Luz Gallegos
Person
Hello, Chair. My name is, Luz Gallegos. I am the executive director for Todec Legal Center. We are a lifeline for immigrants and their families in California's inland empire and Coachella Valley. For over forty years, Todec has been a hub for healing, organizing, community transformation led by people who live and work in rural and inland communities.
- Luz Gallegos
Person
In Todec, we firmly believe that those closest to the pain should be closest to the power. We are here to to today as a proud cosponsor of SB 1257, authored by Senator Areguin, because as as an organization on the front lines, we need stronger transparency and accountability by our state to protect immigrant communities. We are guided by our community struggle, and it is our responsibility to uplift community stories to inform and educate systems to find solutions that reflect the pain of community.
- Luz Gallegos
Person
Enforcement activities in what we used to be considered safe public spaces is is cornering vulnerable families and children not to seek medical care, education, attend mass, or leisure. On 01/15/2026, an immigration operation by federal authorities was reported within boundaries of the Coachella Valley Unified School District.
- Luz Gallegos
Person
The presence of this operation affected multiple families as several parents and students traveling to work on their way to school were stopped by immigration officers. The incident generated concern and confusion among district administrators, educators, and community members. Several parents were detained in this operation. This operation impacted their several families. These types of operations continue to cause chilling effects amongst community, including kids that are going through trauma and do not want to leave the safety of their home.
- Luz Gallegos
Person
Recently, a parent showed how when taking their children to a doctor's appointment, saw immigration agents outside the clinic, turned around, and never rescheduled. They never went back. Families continue to share the that once they see enforcement near service sites, it changes everything. Whether they see care, go to school, or even attend church. We have had we have had some of our regions, churches, and communities Thank you
- Thomas Umberg
Legislator
very much. If you could go ahead and wrap it up. You urge an aye vote, I assume. Yes.
- Thomas Umberg
Legislator
Okay. Thank you. Alright. Others in support, their Me Too testimony.
- Karen Stout
Person
Good afternoon, chair members. Karen Stout here on behalf of Unidos US. We shared the, support's concerns and are in support. Thank you.
- Johnny Pineda
Person
Good afternoon, chair. Johnny Pineda on behalf of the Latino Coalition for Health California cosponsor, Latino Health Access and in support. Thank you.
- Sandra Poole
Person
Good afternoon, chair and members. Sandra Poole with Western Center on Law and Poverty in support.
- Erica Cervantes
Person
Good afternoon, members. Erica Cervantes on behalf of Alliance for Better Community in support.
- Brandon Chu
Person
Good afternoon, chair and members. Brandon Chu on behalf of SEIU California in support.
- Kelly Carrasco
Person
Good afternoon, committee from Cal State Long Beach. I am Kelly Carrasco, and I am in support of this bill.
- Obinu Larebe
Person
Thank you. Good afternoon. Obinu Larebe from Center Family Health Initiative in support.
- Unidentified Speaker
Person
Good afternoon, committee. I'm from Cal State Dominguez College, and I support.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in support of SB 1257, please approach the microphone. Seeing no one approaching, let's turn to the opposition. If you're opposed to SB 1257, please approach. Going once, going twice. Alright. Not seeing anyone in opposition approaching the microphone. Let's bring it back to committee. Questions or comments by committee members? Seeing none.
- Jesse Arreguin
Legislator
Well, right now, there's an online portal the attorney general's office has where individuals are able to submit information on incidents that happen. In addition, information is already provided to the attendant attorney general's office as well through complaints that are made or just through information that's shared with the attorney general staff. So this will be the information that's received from the AG's office. I'll be, it's not gonna be complete because it's contingent on that information that is publicly reported or is reported to the attorney general. That would be the the way that the information would be collected.
- Roger Niello
Legislator
And Is the attorney general expected to solicit input from whomever?
- Jesse Arreguin
Legislator
Well, once again, this will be based on information that is directly reported to the AG. And I would imagine that the AG's office would also be contacting those designated locations, whether it's healthcare providers or schools as well. So, essentially the information comes from voluntary reporting Yes.
- Jesse Arreguin
Legislator
Yeah. Or or information that they become aware of through lawsuits or or other other complaints that are fault.
- Roger Niello
Legislator
So we probably won't be able to rely upon this as being fully comprehensive.
- Jesse Arreguin
Legislator
Yeah. It's it's it's based on the information that they receive or the information that is publicly available.
- Jesse Arreguin
Legislator
I'll just note there's a lot of fear on the part of individuals who may be the subject of immigration enforcement, or who work in a hospital or work in a school who see an incident happening from coming forward and reporting that information as well. And we want people to be comfortable doing so.
- Roger Niello
Legislator
I would point out that sanctuary jurisdictions create issues of enforcement. If ICE is going after people who have committed crimes and going after criminal activity for potential deportees and the sanctuary jurisdiction refuses to cooperate. That makes it much more difficult. And because of that, they end up having to cast a wider net. And, that ends up in the appearance of, ICE going after people who are not guilty of criminal activity.
- Roger Niello
Legislator
But which would not be the case if the, subject jurisdiction were to cooperate with, with ICE relative to enforcement of people who have been guilty of of criminal activity.
- Thomas Umberg
Legislator
Alrighty. Other questions or comments? Seeing no other questions or comments, Senator Agim, would you like to close?
- Jesse Arreguin
Legislator
Yeah. Just on that last point. I mean, this is something that came up in discussion of other legislation, including a bill by Senator Jones, and I'm gonna stick sticks to the merits of this bill. But this idea that collateral rests are the only way that we're gonna be able to get the worst offenders off our streets.
- Jesse Arreguin
Legislator
And I'll just note that the data shows that the vast majority of people who've been the subject of immigration enforcement, those 18,000 arrests that have happened in California, the vast majority of them have no prior criminal record.
- Jesse Arreguin
Legislator
And we do have laws in California that are specifically focused on ensuring that people that commit serious violent felonies, that law enforcement, local law enforcement and CDCR can collaborate to have those people go into the custody of ICE because we want to protect our communities from serious violent felons.
- Jesse Arreguin
Legislator
But the vast majority of people are being swept up into this dragnet that is resulting in innocent people who just are going to school, going to an appointment to get their green card renewed, going to a medical appointment, and are being arrested and deported and are being separated from their families. That's wrong. That's synthetical to the state of California. That's why we passed s p 81 and all the laws we passed last year.
- Jesse Arreguin
Legislator
But we need information that we can understand what is happening in California, so we can fine tune these laws to make them more effective, and so we can also protect Californians of all backgrounds. So I respectfully ask for an aye vote on the bill.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. We don't have a quorum, but the appropriate time, I expect to be a motion, and we'll take it up for vote. Alright. I see Senator Choi and Senator Gonzalez here.
- Steven Choi
Legislator
Thank you, committee chair and members. I'm so pleased to present Senate Bill 1176, which would prohibit foreign entities identified as adversaries by The US Director of National Intelligence from purchasing agricultural land in California. Specifically, this bill would prohibit nonmarket, economies, adversarial governments, and the business controlled by governments that pose a national security risk from purchasing, acquiring, leasing, or holding any controlling interest in California agricultural land.
- Steven Choi
Legislator
The United States Department of Agriculture released a report in January 2025 detailing how many acres of US farmland is owned by foreign entities. The report indicated over 46,000,000 acres of US agricultural land are owned by foreign entities with 18% of this land being held by countries on the Federal Government's list of nations that pose a threat to national security.
- Steven Choi
Legislator
This report also revealed that approximately 1,400,000 acres of California agricultural land are owned by foreign entities. Agricultural land often surrounds critical infrastructure, military bases, and water systems in California. This is especially concerning as just last month, the FBI warned the policy departments across our state that Iran might launch its drone strikes in California. While many states such as Virginia, Hawaii, and Oregon have passed laws to better protect their agricultural land from being controlled by your foreign enemies, California lags behind.
- Steven Choi
Legislator
SB 1176 establishes common sense protections for California's agricultural land, ensuring that the state is protected no matter when geopolitical tensions arrive arise.
- Steven Choi
Legislator
SB 1176 establishes a process for the California attorney general to order, prohibited foreign actors found in violation of the bills of provisions, to, divest itself and their land within ninety days. The bill does not apply to The US allies, federally recognized tribes, or agricultural land that is dedicated to research and development. With me today in support is Shanti Linden from the Placer County Board of Supervisors. I would like to invite Shanti to the front or either that place.
- Shanti Landon
Person
Thank you. Good afternoon, chair and members. My name is Shanti Landon. I serve on the Placer County Board of Supervisors, and I'm here today in support of SB 1176. I wanna focus my comments on why this bill matters from a local government and implementation perspective.
- Shanti Landon
Person
In counties like Placer, agricultural land is not just an economic asset, it's directly tied to public safety, land use planning, and long term resource management. Much of our ag land sits adjacent to or intertwined with critical infrastructure, including water conveyance systems, energy corridors, and transportation routes. These aren't abstract concerns for us. They are part of our day to day responsibilities. What SB 1176 does importantly is give the state a clear and enforceable framework moving forward.
- Shanti Landon
Person
It establishes a defined process led by the attorney general to review potential violations and if necessary, require divestment with appropriate due process. That clarity is critical for local governments. We're not left guessing how these situations would be handled or who has authority. I also wanna highlight that this bill is per perspective and targeted. It doesn't disrupt existing ownership, and it includes important exemptions for research activities and federally recognized tribes.
- Shanti Landon
Person
That balance really matters. It ensures that we're addressing the risk without creating unnecessary instability. I know the committee had raised some important illegal and policy questions, and so I wanna really briefly speak to those first on the issue of foreign policy. While that is primarily a federal role, this bill this bill is grounded in federal determinations, specifically the annual threat assessment and non market economy designations. It aligns state policy and existing federal frameworks rather than creating a separate or conflicting standard.
- Shanti Landon
Person
Secondly, on equal protection concerns, this bill is focused on foreign governments and business entities tied to identified national security risks, not individuals, based on national origin. At the end of the day, this is about responsible, forward looking governance. Local governments are tasked with protecting land use, infrastructure, and community safety over the long term. SB 1176 provides a narrowly tailored tool to help you back. Thank you. I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Thank you very much. Alright. Thank you. Others in support of SB 1176.
- Thomas Umberg
Legislator
You know what? I'm sorry. One second. Most important thing we're gonna do today, if you hold for just one moment, committee system porter, could you call the roll for a purpose of establishing a quorum?
- Joseph Stefano
Person
Thank you, Chair Umberg, members of the committee, Joseph Stefano, and each
- Thomas Umberg
Legislator
Thank you very much. Alright, sir. Sorry to interrupt. Floor is yours.
- Joseph Stefano
Person
No worries, mister chairman. Joseph Stefanoni, California State Grange in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support, please approach SB 1176. If you're opposed to SB 1176, now is the time to approach. Seeing no one approaching, let me bring it back to committee for questions. Questions by committee members?
- Thomas Umberg
Legislator
Seeing none, I I have a few. And and maybe, Senator Choi, either you or your witnesses might, respond. In terms of, issues, supervisor just wondering if if there's a particular issue in Placer County.
- Unidentified Speaker
Person
We do not currently see a major issue in Placer County. It's really looking at the broader community and just foreseeing potential problems in the future.
- Thomas Umberg
Legislator
Yeah. Have have you seen any evidence of foreign governments buying property in Placer County?
- Unidentified Speaker
Person
We so it's hard to determine, but from what we've seen, there there is a small percentage. It's not a large, majority by any means.
- Thomas Umberg
Legislator
Right. And and as you say, it's hard to determine. So how would a seller make a determination as to whether or not it's a foreign government or an agent of a foreign government or even a straw buyer?
- Unidentified Speaker
Person
It would have to be a process with the assessor's office and, working with our agricultural commissioner to determine where that purchase is coming from and whether those agricultural lands are covered under the Williamson Act and what kind of, impacts we might see from that.
- Thomas Umberg
Legislator
So if I were selling a piece of agricultural property, is it my burden to make sure that that the purchaser is not one of the prohibited purchasers?
- Unidentified Speaker
Person
I don't believe so, and maybe Senator Choi can speak to that. But my understanding is that that would not be on the burden of the seller. It would be on, the burden of the assessor and the state to determine whether that's a foreign government coming in.
- Steven Choi
Legislator
Once this bill is implemented, it'll be widely known and the land brokers will will have to inform the buyer whether the person is identified as a foreign government agency or individual living in legitimately living in this country. So I don't think that there will be any confusion who the purchaser is.
- Thomas Umberg
Legislator
Just to be clear, so the broker then would have to do the investigation to make sure that whatever that, you know, one two three LLC is not the agent of a foreign government. Is that your understanding?
- Steven Choi
Legislator
Okay. Details can be worked out later. However, at this time, once the bill is established, it should be widely publicized, and the broker will inform the purchaser. They will usually know who the purchaser is when when they approach the end of their client, who who they are, whether the person is living in this country or agents are from foreign other other countries. So if they are question questionable and that's the first stage.
- Steven Choi
Legislator
But after that that person has passed the initial stage, you're being informed by the broker. And the next stage will be through registration in the title registration process. The who do who whom the name will be under for the ownership of the land, the property. So Right. So at that time, clearly, all all all be known.
- Thomas Umberg
Legislator
Okay. So if the broker makes a mistake, fails to investigate. So, for example, let's say it's a straw buyer. Straw buyer meaning somebody that uses an innocuous LLC to purchase the land, and the broker doesn't investigate, would the broker become liable then in terms of damages to the to the seller?
- Steven Choi
Legislator
I I didn't intend to to give liability to to to the broker, but eventually, the purchaser will will know that. And the third layer of the protection will be attorney general. Later, if that becomes identified as a foreign entity and the that's the time, as I stated, they they need to divest within ninety ninety days.
- Thomas Umberg
Legislator
Okay. And so it's the right now, the director of national intelligence is Tulsi Gabbard. So if Tulsi Gabbard says, you know what, we're in a beef with Canada, we're gonna put Canada on the list, that would fall under the purview of the law.
- Steven Choi
Legislator
Yeah. That adversary list is is under the Department of of Federal Intelligence. So that's beyond our control. Whatever reason, at this time, you know, not only targeting North Korea, China, and Iran, obvious adversarial countries toward toward our country's interest.
- Thomas Umberg
Legislator
So Right now, we're in a beef with the Vatican. So if Tulsi Gabbard put the Vatican
- Steven Choi
Legislator
on I I don't know. I don't know if I go into specific criteria that since I'm not the evaluator Right. Which country you should be listed in the adversarial
- María Elena Durazo
Legislator
I I I I think I understand, you know, where you're coming from, Senator Choi. I just unfortunately feel that there's too many risks as far as including people who are not adversarial, but who fall into the the category of being foreign foreign born or a foreign actor. And we just have a a history of applying it, discriminatory. And, that's my biggest concern, is how this would be applied. And it's been applied in small ways and big ways in a very discriminatory manner.
- Steven Choi
Legislator
It's not it's not a measure. This measure is not to discriminate any legitimate residence in this country. We are talking about the foreign governments agencies on the individual or or company formed or their department, whichever forms may be. They are non US citizens or permanent residents. When I buy a house here, you know, just because I come from foreign country, that doesn't really deter me.
- Steven Choi
Legislator
So anyone legitimately who are living in this country would not be subject to this law measure.
- Roger Niello
Legislator
Just, as I understand it, the our current list is Belarus, China, Iran, North Korea, and Russia. And I I just like to point out that allowing land sales to any of those countries is a severe risk, particularly with China and particularly if it is close to a sensitive facility otherwise like a military base as an example. And I think to deny that risk and not support this bill for the concerns stated such as the dispute with the Vatican. There really isn't any dispute with the Vatican.
- Roger Niello
Legislator
But I understand those concerns where they're coming from currently.
- Roger Niello
Legislator
But I don't think that we can deny the serious security risk of allowing land again particularly close to sensitive locations is a significant security risk for the country and for the state.
- Thomas Umberg
Legislator
Alrighty. Thank you. Other comments or questions? Seeing none, just to to complete the list, Senator Yalu, includes Angola, Armenia, Azerbaijan, Belarus, China, Georgia, Iran, Kyrgyzstan, Laos, Moldova, North Korea, Russia, Tajikistan, Turkmenistan, Uzbekistan, and and Vietnam. Is it your view, Senator Choi, that well, let me let me ask it in a little bit different way.
- Thomas Umberg
Legislator
Do you agree with me that if a foreign government were seeking to gain some sort of advantage that rather than having, for example, Putin himself buy the land that they would probably use a straw buyer? In other words, another they would disguise the purchase of the property. Does that sound right?
- Steven Choi
Legislator
So we need to identify who they are and through the investigation, it can be identified eventually.
- Thomas Umberg
Legislator
And that's the question, is that at the point in time of sale, as I understand it, would be the broker's responsibility to investigate. Is that what your understanding is?
- Steven Choi
Legislator
No. I I didn't say that to investigate the initial identification who the buyer is so that they can properly inform the purchaser of what the California law is. And then also, this similar measure is not just for for the first time in California. To my knowledge, it's about 20 other states already implemented this major similar law and have been practicing and with no problem.
- Eloise Gómez Reyes
Legislator
I I do want to sort of reiterate the the concerns of the chair because I share them. I I think that when we are introducing legislation, we want a law signed by the governor, then we need to know who is going who has the legal responsibility to to disclose, to to investigate, to determine whether or not this piece of property, this agricultural piece of property is being sold to a foreign government on this list or a straw buyer representing that foreign government on the list.
- Eloise Gómez Reyes
Legislator
And so I do want to ask the question again, who has the responsibility? Who is legally responsible for investigating and determining who it's being sold to?
- Steven Choi
Legislator
Yeah. At at this time, my intent was that eventually the purchaser has to have have the ultimate responsibility.
- Eloise Gómez Reyes
Legislator
But the purchaser would have no interest in following our laws. They're already on the list.
- Steven Choi
Legislator
Yeah. Initially, they may cheat without revealing their identity correctly even they may lie, but eventually, it can be revealed.
- Eloise Gómez Reyes
Legislator
But the question then is how would it be revealed and whose responsibility is it to make sure that it is revealed and discovered?
- Steven Choi
Legislator
I think, as I stated, the three stages, along the way, initial information, by the broker, and, secondly, the, title company, and thirdly, attorney general.
- Eloise Gómez Reyes
Legislator
But the title company would be more interested in the seller and the seller's identification as opposed to the buyer's identification.
- Steven Choi
Legislator
Yeah. Buyers eventually, buyer will become the property owner and which form which name it is listed under that suspicion can raise and that attorney general can start investigation into it.
- Eloise Gómez Reyes
Legislator
I think the concept that you that you raise here, I think is good. They're making sure that that our agricultural property is not falling into the hands of our enemies. Right? I think that that that idea is good. I think that the enforcement aspect of this Is this double referred?
- Eloise Gómez Reyes
Legislator
It is double referred? Agriculture. Okay. So I I I would hope that if should it come out of committee today, I would hope that before it gets to agriculture that there is a clear designation of who has the responsibility. Someone needs to be told you are responsible to determine, whether this particular buyer is on this list.
- Eloise Gómez Reyes
Legislator
it's the broker, then it has to be noted that the broker is responsible so that the broker knows that they have this responsibility. They then have to do their due diligence. If it falls on the seller, the seller needs to know whoever it is it falls on. I and I heard, I think, testimony or perhaps from you that the the the, the auditor or or the the the the, whoever it is that's in charge of the assessor. Thank you.
- Eloise Gómez Reyes
Legislator
The assessor eventually, hopefully, will discover it. But we can't hold the assessor responsible for an action that happened that they had no responsible responsibility for. So somebody has to be held responsible. Somebody has to have that duty to to do due diligence, to discover whether or not the buyer is on that list. And I I would hope that before it gets to agriculture, should it come out of committee, that that is something that that is worked on before it gets to the floor.
- Eloise Gómez Reyes
Legislator
I I the concept is understandable. As our colleague has said, there are concerns about discriminatory application about who's put on the list and depending on who is in the administration and who their their their enemies, their personal enemies are that make their way onto the list. The concept I understand but I I and I I will vote for it today.
- Eloise Gómez Reyes
Legislator
But coming to the floor, I do want to be sure that there are protections so that we don't have that discriminatory application to the to to this process and that we do have the I we we have identified who it is that's responsible for determining who it's being sold to and that it's not being sold to someone who is on the list.
- Steven Choi
Legislator
Your points are very well taken and I did not get into that detailed level. But before that next committee meeting, it reviews this bill. I will work on that, and my intent is not penalizing internal process like a broker or assessor or a title company. It it should be more of natural reveal.
- Eloise Gómez Reyes
Legislator
But you're asking the enemy to reveal, and I don't I I I think
- Steven Choi
Legislator
that's the place. Process, it should become so evident that the entity is suspicious, then our AG can take an investigation. So I
- Steven Choi
Legislator
will put my thinking cap and to consult with people and to come up with the the the process we need to identify where the burden will be Yes. Placed for identifying who the purchaser is.
- Eloise Gómez Reyes
Legislator
Because this is judiciary and we're looking at the legal process and that part is missing. Thank you.
- Thomas Umberg
Legislator
Okay. Alrighty. Other questions or comments? Seeing none, is there a motion?
- Thomas Umberg
Legislator
Alright. Senator Niello moves the bill. Would you like to close?
- Steven Choi
Legislator
I hear your points well taken. And since another committee will have to go through if this passes out of this committee, I will work on that specific areas of concern. Right now, you identify two different areas, nondiscrimination and responsibility of identifying who the purchaser is.
- Steven Choi
Legislator
I'll work on that, and I respectfully ask for your aye vote that this is a very serious matter for the not certain group, not to discriminate anybody for the sake of our country, for the security of our country Since we are living in a, unfortunately, fighting over hegemony who's gonna take over and control the world, and enemies come many different forms. So agricultural land is the phenomenal number of 40 something million acres have been already purchased. This is a very serious matter for national security and then even agricultural, you know, production. So I 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 number four, SB 1176. The motion is do passed to the Senate Agriculture Committee. Umberg? No. Umberg, no. Nilo?
- Committee Secretary
Person
That's right. Valadares, Wahab, Weber Pearson, Weiner. No. Weiner, no. 2 to 4.
- Thomas Umberg
Legislator
2 to 4? We'll put that on call. Alright. I see Senator Gonzales here. Senator Gonzales, you have a quorum in the floor.
- Lena Gonzalez
Legislator
We're already doing well so far. Okay. Good afternoon, Mister Chair and members. I wanna begin by accepting the committee amendments and thanking the committee staff for their excellent work. Thank you as always.
- Lena Gonzalez
Legislator
I'm here to present SB 1146, which will protect Californians from deceptive AI generated health advertisements. The rapid advancement of AI and generative AI technology has made it increasingly difficult to distinguish between real and fake content. One investigation found that in a single month, there were, nearly 100 videos that appeared across social media sites in which fictitious doctors gave health advice or attempted to sell health related products.
- Lena Gonzalez
Legislator
This deception carries serious, consequences, including consumers foregoing proven treatments, ingesting unsafe supplements, or spending money on products with no proven medical benefit, all based on the advice of a health care provider who does not exist. SB 1146 will address this issue by requiring advertisements for health products or services that use AI generated or altered images, audio, or video of a health care provider to clearly disclose that the content is AI generated and that the depicted person is not actually a health care provider.
- Lena Gonzalez
Legislator
SB 1130, 46, excuse me, is, going to help with the integrity of our health care system. Testifying in support today, I have George Soares from the California Medical Association and Lawrence, Gaiden from the California Dental Association. I respectfully ask for an aye vote.
- George Soares
Person
Good afternoon, Chair, Members. George Soares of the California Medical Association. We're the proud sponsor of SB 1146 by Senator Gonzales, and I would like to thank the Senator for authoring this important measure and the work the committee and the staff have done on this bill thus far. SB 1146 seeks to crack down on the growing use of artificial intelligence to create fraudulent advertisements for health related products that uses physicians' images without their consent or knowledge.
- George Soares
Person
Deep fake doctors on digital platforms are garnering millions of views while endorsing non FDA approved weight loss supplements and questionable medical treatments and devices.
- George Soares
Person
These scams frequently target elderly and those with chronic conditions, leading patients to waste money on ineffective products or delay seeking necessary medical care. Bad actors are exploiting the credibility of the medical profession and weaponizing the trust between doctors and patients. The bill establishes simple, common sense transparency requirements for the advertisements of health related consumer products and services. If the ad uses AI, the generator significantly alter a physician's likeness, including their physical appearance and their voice.
- George Soares
Person
They must include a clear and conspicuous disclosure informing consumers, and that the content was created using AI.
- George Soares
Person
This bill empowers the attorney general to take enforcement action against fraudulent actors and gives individual physicians a narrowly tailored mechanism to legally defend themselves against scammers who have used their image without consent. Lastly, this bill does not prohibit the use of AI in legitimate health care settings. It builds on previous CMA sponsored legislation, which prevents AI from misrepresenting itself as a licensed health care professional. These bills focus specifically on transparency and consumer protection. The physician and patient relationship is built on trust.
- George Soares
Person
When scammers use AI to steal a doctor's identity, they're not just committing fraud, they're putting lives at risk. SB 1146 is a common sense measure to restore integrity to the health information online and hold scammers accountable. For these reasons, we ask that you support this measure today. Happy to answer any questions. Thank you.
- Lawrence Gaiden
Person
Good afternoon. My name is Lawrence Gaiden. I'm here on behalf of the California Dental Association representing 27,000 dental professionals across state, urging your support on SB 1146. CDA fully supports the intent to maintain patient protection as the use of AI in dentistry and healthcare at large continues to grow. AI systems, when used properly, help create more administrative efficiencies and streamline processes that providers review and approve.
- Lawrence Gaiden
Person
However, with the rise of hyper realistic AI deep fakes that depict dentists endorsing products and services, the goodwill and faith of our providers are being exploited to sell services and products that often rely on false or deceptive health claims. It is important that there are guardrails for the these emerging technologies that can guarantee protection for consumers from misleading sales pitches and maintain integrity and credibility within our health care systems.
- Lawrence Gaiden
Person
SB 1146 assures that what consumers see and hear from our dental professionals remains just that, and allows consumers to gauge the credibility of health advice when AI is used to impersonate a dental professional. For these reasons, we ask for your aye vote.
- Thomas Umberg
Legislator
Thank you very much. Anyone else in support of eleven forty six, please approach microphone.
- MJ Diaz
Person
Mister Chair and Senators, MJ Dias on behalf of Kaiser Permanente in support.
- Thomas Umberg
Legislator
Thank you. Others in support, seeing no one else approaching, let's turn the opposition. If you're opposed to SB 1146, please approach microphone. Seeing no one approaching, let's bring it back to committee for questions and comments. Questions and comments by committee members seeing. Yes.
- Thomas Umberg
Legislator
Senator Durazo has moved the bill. Senator Caballero, did you have a question? Alright. Seeing no other questions or comments.
- Thomas Umberg
Legislator
Thank you. Senator Gonzales. Okay. It's, it's been moved by Senator Durazo. Ms. Porter, please call the roll.
- Committee Secretary
Person
This is file item number five, SB 1146. The motion is do pass as amended to Senate appropriations. Umberg. Aye. Umberg, aye. Niello. Aye. Niello, aye. Allen. Aye. Allen, aye. Ashby.
- Committee Secretary
Person
Durazo, aye. McNerney. McNerney, aye, Reyes. Reyes, aye. Stern, Valladares, Wahab, Weber Pierson, Wiener. Seven to zero.
- Thomas Umberg
Legislator
I see Senator Grayson. Senator Grayson. Senator Grayson, floor is yours.
- Timothy Grayson
Legislator
Thank you, mister chair and esteemed members of the committee. Good afternoon. I would like to first thank the committee for their great work and collaboration with my office, and I will be accepting the committee's suggested amendments. I am pleased to present to you SB 988. It's a bill that would provide a series of reforms to the auto glass industry governing insurance assignments, repair disclosures, billing practices, and claims solicitation.
- Timothy Grayson
Legislator
Across The United States, windshield glass related losses and comprehensive auto insurance are frequent with an average of 12 to 14,000,000 claims being filed per year. From twenty fifteen to twenty nineteen, California alone accounted for roughly 2,160,000 auto glass claims. Motor vehicle glass has become so increasingly sophisticated incorporating advanced technologies such as heads up displays, embedded antennas, rain sensors, and advanced driver assistance systems we know as ADAS components such as cameras and lane departure sensors.
- Timothy Grayson
Legislator
These technological features make glass replacement more complex requiring special installation and precise calibration to ensure proper functionality. Along with the rise of claims and the greater cost of repairs, the number of motor vehicle glass repair replacement services has grown rapidly in recent years.
- Timothy Grayson
Legislator
Many shops actively seek new customers through induce, through inducements such as gift cards, cash, or even discounts. These businesses often rely on a business structure that allows for assignment of benefits, AOB arrangements, allowing the repair shops, to bill insurers directly while the consumer has very little visibility into the cost or the services performed. While convenient, this model can lead to poor outcomes for consumers, including inflated claims or overbilling, failure to properly calibrate advanced driver assistance systems, and reduce safety.
- Timothy Grayson
Legislator
Moreover, this practice also lessens consumer choice and transparency with some insured being led to specific repair shops or being misled about the need for calibration resulting in vulnerable consumers. Furthermore, increasing overbuild claims can be denied and or litigated by insurers contributing to rising premiums.
- Timothy Grayson
Legislator
The combination of aggressive marketing, AOB use, and limited oversight increases financial and safety risk, underscoring the need for stronger consumer protections. The California Motor Vehicle Glass Act responds to this need for consumer protection by restricting a person from assigning policy benefits to repair shops preventing AOB abuse. The bill also requires shops to provide upfront estimates and itemized invoices reflecting reasonable charges. Ultimately, SB 988 will help to reduce fraudulent claims, ensure safety, protect consumer choice, and stabilize the insurance cost.
- Timothy Grayson
Legislator
I acknowledge that there is opposition, and it is not my intent to weaken or harm independent shop flexibility, but simply to create best practices and follow model legislation that has been adopted across many, many states. With that, through the chair, I would like to introduce my witness, Tom Tucker, vice president of legislative affairs for Safelite.
- Tom Tucker
Person
Good afternoon, mister chair, members of the committee. Tom Tucker, vice president of legislative affairs for Safelite. As our distinguished sponsor said, this is model legislation. It is nothing more than best practices to help stabilize the insurance market, reduce insurance fraud, reduce auto glass litigation, and if we keep our eyes and and as we think about this bill on the consumer, there's nothing in this bill that favors one party or another. It really is about the consumer.
- Tom Tucker
Person
I've I've read some of the testimony and comments from some of the opponents and some of the things that they're asking for or they're asking the committee to repeal or amend doesn't make a lot of sense. One of the issues is they don't want a a claim number before you begin work. It takes two minutes two minutes to get a claim number from an insurer. That's it. A claim number ensures that the consumer, the glass shop, and the insurer all aligned on payment, cost, and all services aligned.
- Tom Tucker
Person
Without a claim number, the insure the insured, the customer, can be left with outstanding cost at the end. That's why this is a important piece of, of of the legislation. Assignment of benefits. Prohibiting the assignment of benefits is something that many states across the country are trying to do because assignment of benefits allows the third party, the the glass shop to negotiate with the insurer on behalf of the consumer. And if there's dispute, the glass shop can then sue the insurer on behalf of the consumer, and the consumer is not even aware.
- Tom Tucker
Person
And it leads to higher premiums. These are really simple best practices. That's all there is. And we'd be more than happy to answer any questions. This bill has been passed in six states.
- Tom Tucker
Person
It was signed by the governor of Virginia last night and just one hour ago passed the Illinois House one fourteen to zero. Its best practice has been passed in Florida, New York, Iowa. Alrighty. Thank you, sir.
- Thomas Umberg
Legislator
Thank you. Next witness, please. If there are no other witnesses in support of SB 988, if there are, please approach. Saying no one else approaching, let's turn to the opposition. If you're opposed to SB 988, please approach it.
- Naomi Padron
Person
Good afternoon, churn members. Naomi Padron on behalf of the Pacific Association of Domestic Insurance Companies. We're pleased to support the bill.
- Thomas Umberg
Legislator
Thank you. Alright. Anyone else wish to testify in support? Seeing no one else coming forward, let's turn to the opposition. If you're opposed to s p nine eight eight, now's your opportunity.
- Thomas Umberg
Legislator
Now's your time. No one approaching. Alright. Bring it back to committee. Questions by committee members.
- Thomas Umberg
Legislator
Yeah. Okay. Senator Reyes first, then we'll go to Senator Niemos.
- Eloise Gómez Reyes
Legislator
Thank you so much, Senator, for for bringing this forward. I think safety is something that everybody is going to that part everyone is going to agree on. I have heard from many of the independent glass owners, and their opposition goes beyond just a claim number. I think eventually every every repair is going to have a claim number. And I think that their opposition has more to do with the bias that this creates.
- Eloise Gómez Reyes
Legislator
They argue that it gives more control as noted in in the in the analysis that gives more control to insurance companies and their preferred networks. And I I will tell you honestly that that the only commercial I ever hear about is safe light. And so if Safelite becomes the preferred network for a protect for insurance companies, then the independent glass companies are not going to get their share of work assigned to them by the insurance companies who are going to have total control.
- Eloise Gómez Reyes
Legislator
It they also argue as noted that it benefits the larger players and it hurts independent repair shops. Now specifically on the assignment of benefits, they do argue as noted that consumers must navigate claims themselves and repairs may be slower or more confusing.
- Eloise Gómez Reyes
Legislator
I I appreciate that if there is a problem that the the the glass company can then, sue on behalf of the of the consumer because of the assignment of benefits. But independent glass owners, we're talking about the smaller ones, quite frankly. They feel that they are not going to receive and have not received in the past the same referrals from insurance companies because they are not the preferred in the preferred network.
- Eloise Gómez Reyes
Legislator
How do you respond or is this something that you can work on specifically with the independent glass association to make sure that that they there is a way to to to be sure that they are included, that they there isn't a bias against them.
- Timothy Grayson
Legislator
Absolutely. And thank you, Senator, for that, observation and question. Being a small business owner myself, very, very protective of small businesses here in California that make up the backbone of California's economy. So to address that, the bill aims to at upholding best practices for all auto glass, in the businesses. It's not focused on regulating independent shops, but rather aimed at protecting.
- Timothy Grayson
Legislator
So the the lens that we're looking at this bill is through the lens of consumer protection, not trying to determine what glass company is more appropriate over another. The committee amendments, as a matter of fact, they they took they went further to define this aim towards upholding best practices. So by indicating that all persons should benefit from this bill, not not just the insured itself.
- Timothy Grayson
Legislator
So we have further addressed some of the concerns surrounding the bill by specifying that this bill is referring to person or business primarily engaged in automotive glass replacement. And further, we have also addressed the concerns on what reasonable price is to specify that a reasonable price for repair replacement or installation of automotive glass charged by a motor vehicle glass repair shop within a specific geographical area.
- Timothy Grayson
Legislator
So what we're trying to do is spread it out to make sure that everybody has access. Everybody is a part of the network. Everybody, is in consideration. Whatever the insurance companies have as far as their protocol, That's not what this bill actually does. Now I do wanna also when it comes to the assignment of of benefit, which is also another very important the pro the prohibition of the assignment of, of benefits is actually considered a consumer protection.
- Timothy Grayson
Legislator
And I also sit on, the, NCOIL. So, that's the National Conference of Insurance, legislators. And this was a model legislation that came out from that, and that very discussion was very thorough. However, the assignment of benefits is that contract in which the policyholder transfers their rights as you already know under the insurance policy of a third party. Through the chair, I would ask that my, sponsor go a little more legal or in-depth on that.
- Timothy Grayson
Legislator
But it's just simply saying this, the consumer should not be cut out at any given point in time. Now whether or not the, glass company needs to take legal action against an insurer, I think the consumers should always be at least aware of what's happening and not completely cut out because an assignment was made.
- Eloise Gómez Reyes
Legislator
Because that would have been another one of my questions. Yes. To because I wanted to be sure.
- Tom Tucker
Person
Senator, it's it's a great question. To your to your question specifically about hurting small businesses, this strengthens the anti steering laws. That's what this bill does. And so every insurer requires consumer choice. And so, the first question that's asked of every consumer, no matter if you're a large shop or small shop, do you have a preference for a glass shop?
- Tom Tucker
Person
And if you have a preference, you are sent to that shop of preference. So this does not hurt small businesses. This does not discriminate at all. It allows best practices, period.
- Eloise Gómez Reyes
Legislator
Now it it and forgive me for pushing back if I may through the through the chair. One of the complaints from our our small, independent glass association members is that oftentimes when there is a need for the glass repair that consumers receive phone calls from the bigger, not the independent glass companies, but the bigger ones, without naming names. And they then are are in the ear of the consumer. So when they are asked, do you have a preference?
- Eloise Gómez Reyes
Legislator
The only one who has called them is the big the big glass company, and then that's the name that they give.
- Tom Tucker
Person
I can I can assure you that every every carrier has specific scripting that they give for for glass providers or TPAs where we we manage the glass programs that you have to follow? The first line of every script from very large insurers to the to the small ones, Do you have a preference of a glass shop? We honor preference period. It's it's it's against the law.
- Tom Tucker
Person
It's a best practice and if there's any specific allegation, and I'll just use Safelite because I can only speak for my company.
- Tom Tucker
Person
If there's a specific allegation of steering or large companies in the ear, we keep records for seven years of every transaction digitally, on the phone, email. And we pull those records all the time. And oftentimes, what we hear, we come to these type hearings and you've heard these complaints, but when you pull the record, it's a different story.
- Eloise Gómez Reyes
Legislator
I understand what you're saying, but what record would there be about a phone call that might might have been made?
- Tom Tucker
Person
Any any phone call from Safelite, I can only speak for Safelite, is recorded. Any interaction with the consumer is recorded. It's we have a data retention policy of seven years. We keep every interaction with the consumer. And so we don't call, consumers.
- Eloise Gómez Reyes
Legislator
Now and, logistically speaking, the insurance company receives a request for the the the the the windshield to be repaired. Would they say, here are five local windshield repair companies, a glass repair companies or after if they if if I were to be asked, do I do I have a preference? I have no idea unless I do research. And so if I'm asked, I'm going to say I don't know. So are they given then maybe five local glass companies that might be able to do the repair?
- Tom Tucker
Person
Sure. Each carrier has a different process. Every carrier has a different process. I will tell you I'll just use one of the larger ones, State Farm. They have a rotation.
- Tom Tucker
Person
Good for them. To your point, whatever's in the geographic area, they pull all of those glass shops in the area. And and then if if if you wouldn't mind, I'll just use you all as glass shops. The distinguished gentleman We
- Tom Tucker
Person
You get the first one, then you would get the second one, you get the next and it it rotates so that everyone is in the pool getting the work whether you're a network shop or a non network shop. That's how it works.
- Eloise Gómez Reyes
Legislator
Alright. So it it it it the the the purpose of the bill is good and I I understand it. I think because I had so many phone calls from our independent glass companies, I I was seriously because I am seriously concerned.
- Eloise Gómez Reyes
Legislator
I I I do want and and you as a small business owner recognize how important it is to make sure that when we put in especially if this is a law we are passing that is going to be implemented, that we're we make sure that that the the the smaller independent companies also receive their fair share of this business. If they don't have the capacity, then they don't have the capacity.
- Eloise Gómez Reyes
Legislator
But if they do and they are in this rotation, then I personally want to make sure that they are going to be included. If we're doing this for the benefit of the consumer, the consumer should have available to them their options. Because I I I don't know if any of my other colleagues say, if they were to be asked, if they would say, my preference for to replace my windshield is this company.
- Eloise Gómez Reyes
Legislator
Because unless we've done some research or we call somebody, we're not gonna know what to answer.
- Eloise Gómez Reyes
Legislator
And then the next step should be here are five or whatever it is. I I that that is my concern is these independent glass company companies. I want to make sure that they are protected.
- Roger Niello
Legislator
A comment. Okay. In my other life, I'm an automobile dealer and we perform this kind of work, a lot of it. So I feel it's a bit of a conflict that I will be abstaining.
- Thomas Umberg
Legislator
Alright. Thank you. Is there a motion? Oh, did you accept amendments?
- Thomas Umberg
Legislator
Okay. Senator Caballero, you have a comment or No. Moving the bill. Alright. Senator Caballero has moved the bill.
- Timothy Grayson
Legislator
Yes. Mister chair, thank you very much, and I appreciate the concerns of my colleague, committee member, and, am fully committed that if this bill would pass out a committee here today, I will continue to have an open door, open ear, especially to the small independent operators, and make sure that we can get to a landing spot to where everybody benefits from this, but primarily the focus is on the benefit of the consumer. Thank you.
- Thomas Umberg
Legislator
Thank you very much. Committee assist reporter, please call the roll.
- Committee Secretary
Person
This is file item number seven s B988. The motion is to pass as amended to Senate appropriations. Umberg? Aye. Umberg, Aye.
- Thomas Umberg
Legislator
70. We're gonna put that on call. And I also understand, Senator Grayson, unfortunately, our colleague, Senator Laird, could not be here, but you're gonna present his bill. Is that right?
- Timothy Grayson
Legislator
Thank you, Mister chair. I am presenting Senate bill 1288 on behalf of Senator Laird. SB 1288 ensures that non probate assets make it into the hands of the individuals and nonprofits as intended by establishing a clear framework for notification and verification of beneficiaries and eliminate barriers to access funds. Non probate transfers are intended to avoid lengthy court processes, reduce costs, and ensure timely distribution. But in practice, beneficiaries, particularly nonprofit organizations, often face significant obstacles in accessing funds.
- Timothy Grayson
Legislator
Financial institutions are the only entities that know who beneficiaries are and how to contact them. However, there is no requirement for any party to notify beneficiaries when an account holder passes away. Often leaving beneficiaries in the dark about their status. When beneficiaries come forward to claim funds, they face barriers to access.
- Timothy Grayson
Legislator
Nonprofits can be required to open new accounts, provide personal information about Board Members, or the descendant that they are like that they likely do not have and simultaneously submit claims with other co beneficiaries that they may not even know or even exist.
- Timothy Grayson
Legislator
This can delay the delay access for years. For these reasons, SB 1288 modernizes Californians, California's non probate laws by requiring financial institutions to make a good faith effort to notify beneficiaries within 60 days of receiving proof of death, establishing clear and manageable verification requirements for beneficiaries, allowing independent beneficiary claims, prohibiting mandatory opening of accounts, and providing liability protection for institutions acting in good faith.
- Timothy Grayson
Legislator
The author is committed to continuing conversations with opposition to address concerns while being mindful to ensure that the heart of the bill is maintained. Administrative convenience should not override the rights of beneficiaries to be notified it notified of and access gifts left to them. With me to speak through the chair is Melanie Sadek, president and CEO of Valley Humane Society, and Julianna Tetlow, representing Cal Nonprofits.
- Melanie Sadek
Person
Hello. Good afternoon, chair and members. My name is Melanie Sadik. I am the, President and CEO of Valley Humane Society in Pleasanton, California. In 2021, our organization was named as a beneficiary of a donor's Ira, along with eight other non profits, including KQED, Monterey Bay Aquarium, and Best Friends Animal Society.
- Melanie Sadek
Person
We were lucky that the donor sister found paperwork identifying the account and notified us. We reached out to the bank to begin the process, which required beneficiary paperwork and opening an account. Opening an account created barriers. It triggered the federal know your customer requirements, which included personal information, including social security numbers and home addresses for our Board Members and me, a request that's not easily met when volunteer Board Members have privacy concerns. We provided everything requested, but our our application was rejected again and again.
- Melanie Sadek
Person
This went on for two years with no clear explanation why until we finally learned that all nine nonprofits were required to submit paperwork within the same 90 day window, starting when the first nonprofit submitted. But none of us knew each other or how to get in touch. Thankfully, the donor sister stayed committed to honoring her sister's wishes. With her help, I connected the nonprofits, coordinated a joint submission, and after two years and four months, we were finally funded.
- Melanie Sadek
Person
Years of stress for a family member trying to ensure her sister's wishes were honored, and significant nonprofit resources spent just to ask or access our funding. Our experience is not unique. Nonprofits across California are facing similar challenges. These accounts sit outside of trusts and probate, so beneficiaries rely on financial institutions to carry out donor intent. Today, that process can be inconsistent and difficult to navigate.
- Melanie Sadek
Person
SB 1288 creates a clearer, more reliable framework that is reasonable, fair, and honors donor intent.
- Julianna Tetlow
Person
Good afternoon, chair and members. Julianna Tetlow here on behalf of Cal NonProfits, a 10,000 member organization statewide policy alliance. As the proud cosponsor of SB 1288, this bill addresses a quiet but significant gap in our system of transferring assets after someone passes away. Today, many Californians are advised by financial advisers and tax professionals to keep certain assets like brokerage accounts and securities outside of a trust. These are called non probate assets, and they transfer directly to named beneficiaries without court involvement.
- Julianna Tetlow
Person
That structure can be efficient, but unlike assets held in trust, there is no trustee or fiduciary responsible for ensuring beneficiaries are notified or connected to the asset. As a result, beneficiaries may have no idea they've been left a gift because there is a responsibility gap where nobody is in charge of moving assets. This means intended gifts go delayed or unclaimed. SB 1288 simply creates that missing connection and removes unnecessary barriers to receiving assets.
- Julianna Tetlow
Person
Under the bill, when a financial institution receives proof of death, it must make a reasonable good faith effort to notify beneficiaries within a defined time frame, a standard that is well established in law.
- Julianna Tetlow
Person
Beyond notification, SB 1288 also removes several practical barriers that routinely prevent beneficiaries, especially non beneficiaries, and by limiting documentation to what is reasonably needed to verify an entitlement. It also standardizes what nonprofits need to provide, such as an employer identification number and basic contact information. Taken together, these changes mean that once a beneficiary is identified, the process of actually receiving the asset is efficient, predictable, and aligned with original intent.
- Julianna Tetlow
Person
At its core, SB 1288 is about honoring donor intent, reducing inefficiencies, and bringing transparency and consistency to a system that currently lacks both. I'm happy to answer any technical questions, and we respectfully request your aye vote.
- Thomas Umberg
Legislator
Thank you. Perfect timing. Others in support of SB 1288, please give us your name, your affiliation, and your position.
- Jennifer Fearing
Person
Thank you, Mister chair. Jennifer Fearing here in support of SB 1288 on behalf of a number of nonprofits who asked me to convey their support. Tuliomi, Creative Alternatives, Meals on Wheels Orange County, SPCALA, Union Station Homeless Services, Starting Over Strong, Starting Over, Pathpoint, Joybound People & Pets, and California Academy of Sciences. Thank you.
- Clifton Wilson
Person
Clifton Wilson on behalf of the California Animal Welfare Association, also known as Cal Animals. Thank you.
- Michael Gunning
Person
Mister chair and members, Michael Gunning, Lighthouse Public Affairs here in support on behalf of Habitat California.
- Karla Garcia
Person
Karla Garibay Garcia on behalf of Monterey Bay Aquarium in support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support? Seeing no one else approach the microphone, if you're opposed to SB 1288, please come to the floor.
- Joanne Bettencourt
Person
Mister chair, I believe I'm the only member in opposition. May I take a couple of questions? Thank you. Sure. Good afternoon, mister Chair and members. Joanne Bettencourt representing CIFMA.
- Joanne Bettencourt
Person
Excuse me. The Securities Industry and Financial Markets Association. CIFMA is a national trade association of broker dealers, investment banks, and asset managers, many of whom call California home. CIFMA members play an important role in helping clients plan, achieve lifetime goals, including legacy plan planning. They take their registered entity responsibilities very seriously.
- Joanne Bettencourt
Person
This includes ensuring that the right individual or entities gets the money, safeguards against fraud, complying with all federal, state, and SRO law laws, excuse me, rules and obligations. The transfer process can be cumbersome. We understand that the frustration when the process takes a little bit longer and is more complicated than anyone would like. We do have significant concerns with the legislation and oppose it in its current form. The author and the author's staff and sponsors have reached out to us, and we're very appreciative of that.
- Joanne Bettencourt
Person
The bill sponsor has expressed willingness to discuss several of our concerns. Number one, exemption language for conflicts with federal, state, and SRO obligations. Number two, additional instances beyond court orders, lit liens, levies, and may delay transfer. Three, language clarifying beneficial the beneficiary's obligation to return the funds in certain circumstances, and clarity on what constitutes a credible source. We have submitted draft amendment language to the sponsor and the author, and look forward to working productively on these issues.
- Joanne Bettencourt
Person
I did wanna highlight a couple of issues, though. The industry is subject to a wide range of due diligence, tracking, and recording record keeping requirements designed to protect against securities fraud, market manipulate manipulation, and money laundering. There are x x there are also tax compliance and reporting issues that need to be addressed. Exemption lane language similar to Indiana law where there is a conflict
- Joanne Bettencourt
Person
If you could wrap it up. I Urge, a no vote unless it's amended. Thank you.
- Thomas Umberg
Legislator
No, unless amended. Okay. Thank you very much. Alright. Go ahead.
- Chris Schultz
Person
Chris Schultz with the California Bankers Association. We align our comments with our friends at SIFMA. This these sponsors have identified a challenging issue. I think there is an opportunity to work through it. I did wanna highlight two things.
- Chris Schultz
Person
The bill applies not only to nonprofit beneficiaries, but to every beneficiary. And second of all, when the information was collected from beneficiaries, financial institutions did not know they have the obligation to go find that beneficiary. So the bill applies retroactively. So once the bill goes into effect, if somebody wrote down Chris's gorilla sanctuary twenty years ago on a beneficiary designation form, the burden is now on the financial institution to try to go find that, non profit beneficiary.
- Chris Schultz
Person
They didn't know they were gonna need find them when they collected that information.
- Chris Schultz
Person
Prior to this, it had been the obligation of the decedent right to do their own estate planning to notify their beneficiaries of their assets. It flips the burden out to the financial institution. Just want the committee to be aware of that. Thank you.
- Thomas Umberg
Legislator
Alrighty. Thank you. Others opposed, SB 1288, please approach. Seeing no one approaching. And, Senator Grayson, if you'd like to respond, that's great.
- Thomas Umberg
Legislator
But otherwise, you know, Senator Grayson is filling in for Senator Laird. My guess is that Senator Laird's staff is probably watching, and so they've heard your your comments and concerns. Bring it back to committee for questions or comments. Yes, Senator Reyes.
- Eloise Gómez Reyes
Legislator
Just a comment. I I think, do thank the Senator for bringing this forward. My my aunt was a member of a religious order. They were named in a in a as a beneficiary, and it wasn't until so many years later that they finally found out and about it, and, this bill would have alleviated that long long delay. So I thank him for presenting this.
- Roger Niello
Legislator
In addition to that, there's the risk of what could be law called lost legacies via the unclaimed property function of the state of California. And if in particular it is a security or interest bearing type of asset. It is immediately liquidated and so the beneficiaries don't would not have the ability to participate in how that might be handled. And that's an issue here because the escheat period that is the period of time in between supposed contacts by the account holder is only three years.
- Roger Niello
Legislator
When unclaimed property was started, it was, I think, initially at least seven years, maybe nine, it has been gradually reduced so that the state gets more money to use in its general fund.
- Roger Niello
Legislator
It's an insidious process. I have a bill that's gonna cure that though, and that will that will increase the escheat period from the minimum of three years, which is unreasonably short along with a couple of other issues. And, so I just want to alert everybody to that opportunity to cure that particular problem here.
- Thomas Umberg
Legislator
Thank you. Thank you, Senator Niello. I I can't wait. Alright. Other questions or comments?
- Thomas Umberg
Legislator
Seeing none, is there a motion? Senator Caballero moves the bill. Alright. Senator Grayson, would you like to close on behalf of Senator Laird?
- Unidentified Speaker
Person
On behalf of Senator Laird, respectfully ask for an aye vote
- Thomas Umberg
Legislator
Thank you. Alright. Committee's supporter, please call the roll.
- Committee Secretary
Person
This is file item number 16, SB 1288. The motion is to pass. Umberg? Aye. Umberg, Aye.
- Thomas Umberg
Legislator
8-0. Put that on call. Thank you, Senator Grayson. I see Senator Padilla here, and I see Senator Smallwood Cuevas here. Senator Padilla, you're up.
- Steve Padilla
Legislator
Good afternoon, Mr. Chairman, Members. Thanks. I'm pleased to present. SB 941 would prohibit the sale of commissary items in private detention facilities at prices that exceed 35% markup above vendor costs. As you may know, in California, every ICE detainee is held in a private detention facility operated by a private corporation on private property and under contract with the Federal Government.
- Steve Padilla
Legislator
There are seven such facilities in our state, two of which are located in my district. In these facilities, detention authority, of course, rests with the Federal Government, but day to day conditions of confinement, commercial practices are controlled by the contracted enter entities and operate within our state. Private commissaries typically operate these, within these centers and sell essential items such as food, drinking water, hygiene products, and clothing. They're often as well operated by third party vendors and set prices without any meaningful oversight.
- Steve Padilla
Legislator
There were interviews with individuals who are currently or previously detained in these facilities.
- Steve Padilla
Legislator
The 2023 UCLA report found that costs in these facilities were significantly higher than in our own state prisons. One individual reported spending approximately a $100 per week at a private detention facility commissary compared to about the same amount per month in a while incarcerated in a state prison. Markups in this regard can typically range from 75 to over 300%.
- Steve Padilla
Legislator
Within private detention facilities, detained individuals have limited access at times to clean water and are often given inadequate meals forcing many to rely on these commissaries to obtain basic needs. When the pricing markup are exploitive, the costs, of these necessities and are often the burden is shifted to the incarcerated individuals' families.
- Steve Padilla
Legislator
This Bill mirrors the framework of SB 474, which ensured the same protections in state facilities. It does not alter any federal immigration enforcement priorities, detention decisions, or custodial authority. Here with me today is Regina Garza, special assistant attorney general.
- Regina Garza
Person
Thank you. Good afternoon, Mister Chair, Members. My name is Regina Garza. I'm the special assistant attorney general for the California Department of Justice. On behalf of the attorney general, Rob Bonta, who is a proud co cosponsor of this bill, I would like to thank Senator Padilla, for bringing forward this important bill, to end excessive pricing practices at the commissaries and private detention centers, that adversely affect both the detainees and their families.
- Regina Garza
Person
The seven civil immigration detention facilities in the state are privately operated and have a bed capacity of over 8,100. These are civil detention detainees held only for civil immigration related reasons. To address the growing concerns for health and safety of the people in the civil detention facilities, the legislature enacted AB 103 in 2017 to require the California Department of Justice to review and report on conditions of confinement at these immigration detention facilities.
- Regina Garza
Person
During these reviews, we have found individuals needing to purchase the most basic hygiene items from the commissary, including instant ramen, water, salt, soap, shampoo, and over the counter medications, just to compensate for the items that are not provided by the facilities themselves. In November, our inspection at the California City Detention Center found detainees held in extremely cold conditions without weather appropriate clothing or sufficient blankets.
- Regina Garza
Person
Detainees reported that they were issued only t-shirts and had to purchase sweaters. One group reported making makeshift sleeves and scarves out of socks. Many detainees have interview that we've interviewed over the years have reported issues with the quality and the quantity of food provided at these fill facilities, and that they must resort to buying food from the commissary to supplement their diets. Detainees who are vegetarian or have other dietary restrictions have reported particularly difficult difficulty meeting-
- Jackie Gonzales
Person
Jackie Gonzales, co executive director of Immigrant Defense Advocates, proud co sponsor in strong support. Thank you.
- Thomas Umberg
Legislator
Seeing no one else approach the microphone, let's turn it over to the opposition. If you're opposed to SB 941, please come forward. Seeing no one coming forward. Alright. Bringing back to committee.
- Thomas Umberg
Legislator
Questions by committee members? There are no. Senator Reyes moves the bill. Senator Niello has a question.
- Roger Niello
Legislator
Question of enforcement. These are entities that contract with the Federal Government.
- Steve Padilla
Legislator
Do we have jurisdiction to enforce? Mister Chairman, Senator, thank you for the question. Of course, we are yes. The answer is yes. We do not have jurisdiction, obviously, over enforcement related or immigration enforcement related operations at the facility or obviously to interfere with the contractual relationship between the vendor and the Federal Government.
- Steve Padilla
Legislator
As you know, that would present other legal issues. But in terms of the commercial transactions that are occurring within the state, the answer is yes.
- Thomas Umberg
Legislator
Alrighty. Thank you. Other questions or comments? It's been moved by Senator Reyes, community assistant supporter. Please call the roll.
- Committee Secretary
Person
This is file item number nine, SB 941. The motion is do pass. Umberg? Aye. Umberg, aye. Niello. Aye.
- Lola Smallwood-Cuevas
Legislator
Thank you, mister chair. Good afternoon, colleagues. I am proud to present SB 909. This bill strengthens enforcement of California's public works laws by updating contractor registration fees and penalties, indexing them to inflation, and reinvesting penalty revenue into the State spends public dollars on construction, workers should be paid the wages they earn. Responsible contractors should be able to compete fairly, and taxpayers should know their money is supporting lawful, high quality work.
- Lola Smallwood-Cuevas
Legislator
And behind these numbers are real people. In one California case, we had a construction worker, Javier Gonzalez, who described wage theft as a robbery in broad daylight. Another worker shared that missing payment, he could not buy enough food for his four children or keep up with the rent on his family's mobile home in Anaheim. This is why this bill matters. When workers are underpaid on public projects, the harm is immediate.
- Lola Smallwood-Cuevas
Legislator
Missing wages will mean missed rent, groceries, childcare, and gas money to get to the next job. Wage theft and labor violations remain a serious problem on public works projects, and penalties have not been meaningful updated in over a decade. As a result, enforcement has fallen behind in real ways. Penalties have lost deterrent value over time. Staffing shortages have delayed investigations and recovery, and too many bad actors have been able to treat violations as just the cost of doing business, skirting the law.
- Lola Smallwood-Cuevas
Legislator
Laws that we have worked very hard to pass in this house. Between 2017 and 2023, workers received the full amount owed in only 12% of wage cases. A 02/24 state auditor report also highlighted severe staffing shortages and major backlogs at the Labor Commissioner's Office. SB 909 addresses that problem by updating outdated contractor registration fees and penalties, tying them to inflation, and generating dedicated revenue to support enforcement. And we know in our time of structural deficits, having the resources to truly enforce is critical.
- Lola Smallwood-Cuevas
Legislator
The revenue that is deposited into the State Public Works Enforcement Fund to help support staffing and investigations ensures the enforcement system is already is working and that we are enforcing laws and that the system functions as intended. Importantly, this does not create a general fund cost. It is a practical way to strengthen enforcement using revenue generated within the existing public works system. And with me to testify today is Matt Crimmins with the California Nevada Conference of Operating Engineers and Keith Dunn with the state building trades.
- Matthew Cremins
Person
Thank you, mister chair and members. Matt Cremins here on behalf of the California Nevada Conference of Operating Engineers. We are proud sponsors of SB 909, which would modernize public works contractor registration fees, update prevailing wage penalties, and take a critical step to ensure that our state's public works enforcement capabilities are as robust as the current laws that we have in statute.
- Matthew Cremins
Person
I'm actually gonna abbreviate my testimony here as I know we have Mike West from the state building trades in attendance today, who's gonna share some real life experiences with wage theft. But simply put, senators, this bill is about prioritizing enforcement and, again, ensuring that our state policy is set in a way where it prioritizes the enforcement of our state labor laws.
- Matthew Cremins
Person
As I'm sure this committee knows well, wage theft and wage theft and misclassification in the construction industry remains rampant. A recent UC Berkeley study found that one in five construction workers will experience wage theft throughout their career their careers, And the growing frequency of wage theft can also can be seen at the Labor Commissioner's Office, which a recent state audit found had 47,000 backlog wage theft cases that were taking an average of eight hundred and fifty four days to issue decisions on.
- Matthew Cremins
Person
So with that being said, SB 909 seeks to take a small but important step to ensure that we are better prioritizing enforcement of our public works laws, and it's gonna do so in three ways. First and foremost, it's gonna update contractor registration fees for the first time in almost a decade. And it's important to note this is the sole dedicated source of public works enforcement funding.
- Matthew Cremins
Person
It's also going to update prevailing wage penalties for the first time since 2012, and that's supposed to be a a set of penalties that are supposed to deter contractors from cheating. Lastly, and perhaps most importantly, this bill is going to ensure more steady streams of funding for public works enforcement by mandating that when the labor commissioner is able to collect a penalty, a minimum of 50% of those penalties must go back into the public works enforcement fund to further protect workers. Happy to answer any questions or concerns and would respectfully request an aye vote.
- Mike West
Person
Good afternoon, mister chair and senators. My name is Mike West, and I represent the State Building And Construction Trades Council Of California. Wage theft takes on many forms, some more familiar than others like misclassification and failure to pay prevailing wages. However, there are many tactics and schemes used by bad actors to steal wages of construction workers, and here are a couple of examples.
- Mike West
Person
A bad employer may bring workers in one at a time and ask if they'd rather get laid off or receive a $1 an hour raise in pay.
- Mike West
Person
If they choose the raise, they're asked to sign off that re they received prevailing wages on public works projects, which they did not. Then the prod process repeats itself until they have enough signatures on certified payroll, and there's nothing that keeps them from being laid off soon afterwards. This next scenario is a completely made up name, but let's say a company is called Acme Painting.
- Mike West
Person
Sometimes workers would receive Acme Bucks instead of real money, to buy high visibility vests and other personal protective equipment normally provided by an employer at no charge to keep them safe on the job. Another tactic would be to lay off even for one day a worker just short of three months of employment and then rehire them as a new hire to avoid paying for health care benefits.
- Mike West
Person
Another, sometimes money is collected with the understanding it's going into a 401k when no such plan actually exists for that worker. And the final story comes from a colleague that was approached as social event. It was actually a wedding reception. And a contractor that was found liable for wage and hour violations came up to him and recognized him and said, no hard feelings for each one of these. I have to pay wages and penalties.
- Mike West
Person
I get away with a dozen more, and that becomes part of their business model. So for these reasons and more, we request your aye vote on SB 909 to update registration fees and penalties for wage and hour violations. Thank you for your time.
- Scott Wetch
Person
Mister chairman and member Scott Wetsch, on behalf of the California State Pipe Trades Council, the State Association of Electrical Workers, the California Coalition of Utility Employees, the Western States Council of Sheet Metal Workers, and the Elevator Constructors Union in proud support. Thank you. Thank you.
- Cassie Mancini
Person
Good afternoon. Cassie Mancini on behalf of the California School Employees Association in support.
- Connor Gussman
Person
Good afternoon, chair members. Connor Gussman on behalf of Teamsters California in support. Thank you.
- Mike Greenlee
Person
I'm Mike Greenlee, internationally independent, Arizona of trades, district council sixteen, urgent nine vote.
- Elmer Lozardo
Person
Good afternoon, chair members. Elmer Lozardo with the California Federation of Labor Unions, PRED cosponsors in support.
- Erica Valentine
Person
Good afternoon. Erica Valentine, UA Local three nine three, in support.
- Aureliano Ochoa
Person
Good afternoon. Aureliano Choa with the Insulators Local sixteen, on support.
- Thomas Umberg
Legislator
Thank you. Alright. Anyone else in support? Please approach seeing no one. Let's turn the opposition.
- Felipe Fuentes
Person
Good afternoon, mister chair, members of the committee. Felipe Fuentes here on behalf of the Associated General Contractors of California. We respectfully oppose SB 909. Let me start by saying that AGC supports strong and fair enforcement of public works laws. Responsible contractors want a level playing field, and we support efforts to ensure workers are paid correctly and projects comply with the law.
- Felipe Fuentes
Person
Our concern with SB 909 is not the goal, it's the structure. The bill removes the statutory cap on the contractor registration fees and allows the Department of Industrial Relations to set and adjust those fees annually without a transparent public process. That creates uncapped and unpredictable cost exposure for contractors, particularly small and mid sized firms. At the same time, the bill significantly increases penalties across multiple areas. Prevailing wage, payroll records, apprenticeship compliance, and ties those increases to inflation going forward.
- Felipe Fuentes
Person
So what you have is a system here where costs go up annually, penalties increase automatically, and there's no limited there is limited opportunity for public input or oversight in how those costs are set. The bill also directs 50% of penalty revenue into the enforcement fund. That raises a structural concern because it creates a dynamic where the enforcement system is partially funded by the penalties it generates. So from a judiciary perspective, that's a question of incentives and balance. We're also concerned that increasing fees and penalties does not address the underlying issue identified by the author and the state auditor, namely delays in backlogs and enforcement.
- Felipe Fuentes
Person
If anything, increasing penalties without improving administrative capacity risks more disputes, more appeals, and longer resolution timelines. And ultimately, these increased costs and risk will be reflected in higher bids, reduced competition, and increased costs for public agencies and taxpayers. So for those reasons, we are opposed to this bill, but again, let me reiterate that we support fair enforcement. And this bill creates a system with greater cost, greater risk, and less transparency. And for those reasons, we can't support it.
- Thomas Umberg
Legislator
Alright. Thank you, mister Fuentes. Alright. Anyone else opposed to SB 909?
- Thomas Umberg
Legislator
Please approach. Seeing no one else approaching, bringing back committee for questions and comments. Seeing this Senator D'Arsos has moved the bill.
- María Elena Durazo
Legislator
Yeah. I I wanna thank the, author, for raising this. There is something like a billion to $2,000,000,000 a year in wage theft. There is so much exploitation out there of workers, especially when it comes to hard earned wages that don't get paid. So, you know, as long as there's a part of industries that take advantage of that and make that part of the business plan, then we have no choice but to keep addressing what kind of penalties.
- María Elena Durazo
Legislator
It doesn't seem to work. Let's try higher penalties. I mean, it's only on that part of the industry that needs to straighten up and and stop stealing from workers. So thank you for it and I'm proud to move your bill.
- Thomas Umberg
Legislator
Senator Caballero, just for avoidance of doubt, if there was anyone else who was either supporting or opposing S P nine zero nine, now is the time. Going once, going twice. Okay. Thank you. Senator Senator Caballero.
- Anna Caballero
Legislator
Thank you, mister chair. Well, I wanna associate myself with what my colleague here just said. I think part of the challenge is that when when some people cheat, they end up hurting the whole the whole system. And the theft is is real and it's massive. So the question I have for mister Fuentes is that what's what is the mechanism?
- Anna Caballero
Legislator
I'm going to assume that all of all of your associates do the right thing. So in terms of turning the attention to the the people who see it as the cost of doing business, to not pay overtime, to not pay meal and rest periods, to not pay prevailing wage on public contracted work, for which they are getting compensated as if it was a public works project. What's the what's the the solution?
- Anna Caballero
Legislator
Because part of what I've been shown are documents that indicate that they're still showing up for public works projects in in other cities. And and then they have these judgments against them by the Department of Industrial Relations that are in the multiple hundreds of thousands of dollars.
- Anna Caballero
Legislator
And they're not paying them. They those judgments have been there for years. And and those workers, in the meantime, are are out money that they should have had. So so so what I'm I wrote down what you said, and I understand the the the process that you're talking about. What's the solution to how do you how can we get their attention in a way?
- Anna Caballero
Legislator
I I mean, my it may be that our solution is you can't bid for a public works project anymore. You're off. Or you lose your license or something like that, which is much more drastic. Right? But I'm I'm wondering if you have a solution.
- Felipe Fuentes
Person
Well, I'll start by saying that, again, we're absolutely unified in the goal here. We we don't support scofflaws, and we wanna make sure that contractors do what they're supposed to do. And we agree with the sponsors on on that point. But I think creating a complimentary system, where there isn't as much trans transparency over doing what we should be doing, and that's properly funding the agency that's charged with the enforcement, making sure that we're using as government every effort to clear out that backlog.
- Felipe Fuentes
Person
And that's gonna be more impactful from our perspective than it is to create a new system and deputize a different part of a system. Let's let's fix the system. So it really falls back on you all, I think, to to help with that.
- Anna Caballero
Legislator
I understand. I thank you for for that. I'm I'm gonna be be supporting your bill today, but I really do think we should we should look at licenses and, you know, restricting the ability of of those contractors to be able to continue to do what they've been doing up to this point. Because to have hundreds of thousands of dollars that you owe your workers and you have no intention of paying, You've got no payment plan. You're not doing anything.
- Anna Caballero
Legislator
I just at some point, we just have to say I'm sorry, but your right to do business in the state is is is gone. Hate to do that because that's pretty drastic, but I do appreciate what you're doing, which is just increasing the the the fines and the fees.
- Thomas Umberg
Legislator
Sure. Sounds like a job for the state treasurer. Alright. Alright. Other other questions, Senator Reyes.
- Eloise Gómez Reyes
Legislator
Thank you. I one of the comments that was made is that the biggest problem is the backlog. Is it the backlog, or is it the fact that there are already judgments that are not being paid, and when you have workers that have not been paid? What's what's the what's the what what is the
- Lola Smallwood-Cuevas
Legislator
I'd say it's it's all of the above. It's the backlog and the constant enforcement that has that's necessary to keep going after these employers who just will not pay their judgments and ensure that the workers are made whole. And I completely agree, with your your question because what ends up happening is that, you know, we have put additional monies into the labor commissioner's office. We did emergency hiring.
- Lola Smallwood-Cuevas
Legislator
We've done all of the steps, but the truth of the matter is we have a significant portion of our employer community that will not follow the law, And it's across a number of sectors.
- Lola Smallwood-Cuevas
Legislator
So when you say what's the problem, it is the problem of, you know, having to chase after every single employer who has been held accountable, who has judgments levied against them, in some cases, putting leans on properties and still not getting the workers paid. So this is, you know, the the the opposition talked about our investment. We have invested, in enforcement, but this problem is not getting smaller. It's continuing to grow.
- Lola Smallwood-Cuevas
Legislator
And, unfortunately, you know, the majority of jobs that are created now are low wage, many of them unregulated.
- Lola Smallwood-Cuevas
Legislator
And so the problem just continues to to grow and grow. This, I think, is a a solution to helping to one, generate enforcement while also, you know, the prices are going up on all of us. Right? So we wanna make sure that we are all paying our fair share to make sure that our enforcement standards are high enough to go after these bad actors so that we can level the playing field for the good ones.
- Lola Smallwood-Cuevas
Legislator
Because who's paying the price is not just the workers, but it's also those contractors who are doing the right thing.
- Lola Smallwood-Cuevas
Legislator
And so, you know, this is, an unfortunate situation, but this is where we are. And I absolutely agree with Senator Caballero Caballero on this. We've gotta figure out what it takes to actually make these bad actors, these outlaw employers, do the right thing and hold them accountable. And unfortunately, that means, you know, looking at steeper and steeper penalties.
- Eloise Gómez Reyes
Legislator
I understand that there are occasions where a judgment is taken against a an employer based on the name, and they change their name and begin and bid on other jobs. Is that something that does happen?
- Lola Smallwood-Cuevas
Legislator
It is. And that's part of why why our enforcement costs are so high, because, you know, you receive another claim from another set of workers under another subsidiary or an LLC that's been, created and have come to find out, you know, part owner from the firm that was found to have violated the law has now started, you know, found a a brother, a cousin, or someone else to start another entity in the same practices. So, you know, bad actors tend to multiply.
- Lola Smallwood-Cuevas
Legislator
So as we get more sophisticated in our enforcement, as we are able to, you know, to win for for workers, there is always schemes. And unfortunately, we have a lot of industries and a lot of workers in California and a lot of schemes.
- Lola Smallwood-Cuevas
Legislator
And that is one of the schemes that again, you know, our labor commissioner, those investigators who work day in and day out to to to, make workers whole are are having to face these challenges. And it costs us a lot of money. It costs a lot of revenue to make sure that we are ensuring this level playing field. So absolutely correct. And my final question, and going back to senators Caballero and Durazo.
- Eloise Gómez Reyes
Legislator
Will you consider in your bill If a public works bid is made, there are licenses attached to who is going to do the job. And should there be a judgment which is not paid, will you consider including in there about the loss of a license for those who have been who've had judgments issued against them and have no payment plan that has been put together?
- Lola Smallwood-Cuevas
Legislator
Well, I I certainly am open to looking at ways to strengthen this bill. And, you know, obviously, we we'd still continue to work with the opposition on this as well. I think there are a lot of bills that we need to bring forward in this area. I don't think this this is not the silver bullet. I think we have many more to explore.
- Lola Smallwood-Cuevas
Legislator
We see at the local level in counties and cities that now have wage enforcement, offices as well where they are looking very closely at, you know, what makes a good employer and who do we wanna do business with. And if you have this track record of violating our wage and hour laws, you may not get the points and bid points you need to be successful. You may have your license revoked. You may have your contract counts cancelled.
- Lola Smallwood-Cuevas
Legislator
So I think there there are definitely precedent for those kinds of strategies at the local level and certainly I think the state we do need to explore that moving forward.
- Lola Smallwood-Cuevas
Legislator
I know in some sectors for example in the car wash industry we've we've looked at some of those harsher approaches because of how vicious the wage theft is and insidious the wage theft is. So, you know, I think as we are looking across this problem and as we're seeing that it is growing instead of reducing in our in our in our economy, we've got to explore. All of the options have to be on the table.
- Eloise Gómez Reyes
Legislator
And to be clear, we have many good actors. We have many good contractors who put bids in and get the job done and That's right. Pay their workers just as, you know, they they the way they bid it. And kudos to them. And we we appreciate that the majority are there, but we do have those.
- Eloise Gómez Reyes
Legislator
And in the end, it's the workers who who are injured the most through all of this. Absolutely. My experience comes from being a an attorney representing injured workers for over thirty years knowing that in workers comp, it's the same process. You get injured, they have no insurance, they just start the company with a different name. And there are bad actors and I appreciate you and appreciate the work that you're doing in this bill.
- Thomas Umberg
Legislator
you, Senator Reyes. Other comments, questions? Seeing none, I think Senator DeRozos moved the bill. I did. You did?
- Lola Smallwood-Cuevas
Legislator
Well, I just appreciate the conversation and the expertise on this, dais who've had experiences in this space. This is about California creating a level playing field, protecting workers, and strengthening our enforcement. This is a win win win in my view, and, I really appreciate an aye vote on this bill.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Miss Porter, please call the roll.
- Committee Secretary
Person
This is file item number ten, SP909 the motion is due passed to the Senate Appropriations Committee. Umberg? Aye. Umberg, Aye. Niello? No. Nilo, no. Allen? Aye. Allen, Aye. Ashby? Caballero? Caballero, Aye. Duraso. Aye. Duraso, Aye. McNerney. McNerney, Aye. Reyes Reyes, Aye. Stern, Valadares, Wahab, Webber Pearson, Weiner. 6 to one.
- Thomas Umberg
Legislator
Next, ordinarily, we would have file number 8, SB1290, but it looks like Senator Allen has taken physical possession of the podium. So we'll let you go. Yes. Right.
- Benjamin Allen
Legislator
Right. My goodness. I've got a witness who's come back on the plane, but who's got 1290? Is that-
- Thomas Umberg
Legislator
Senator Hurtado. But you're up. File item number 11. Okay, SB 1093.
- Benjamin Allen
Legislator
Well, thank you, Mister chair. Very good morning. Good afternoon to you. So let me thank the let me start by thanking the committee for its hard work on the bill. I will be accepting the committee amendments to be taking in Senate Housing Committee due to the timing.
- Benjamin Allen
Legislator
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 related disasters. We know that mobile homes are the largest source of unsubsidized affordable housing in the country, and they provide an important homeownership opportunity for many fellow Californians. The 2018 Camp Fire resulted in the destruction of over 30 mobile home parks in Paradise, The vast majority of which have not been rebuilt.
- Benjamin Allen
Legislator
And only seven I think something like 700 rent stabilized units were destroyed in the recent Palisades fire in my district, approximately half of which were in two mobile home parks in the Palisades Bowl and in Tahitian Terrace. This bill is directly informed by the experiences of my constituents in the aftermath of the climate disaster, that we, you know, that we experienced there, climate related disaster, But also the struggles that we've heard from other mobile home residents in other parts of the state.
- Benjamin Allen
Legislator
Folks who experienced the fires, the Tubbs Fire, the Camp Fire, etcetera. So the bill does four major things. First of all, it requires consistent and transparent communication from the mobile home park owners after a disaster, until the park is rebuilt, or until a closure or change of use is approved. This requirement doesn't bind owners to pursue any specific path. Residents simply deserve not to be left in the dark without any understanding of what's happening and when, if ever, they may be able to return home.
- Benjamin Allen
Legislator
Secondly, it requires park owners to provide residents with timely access to the property after any evacuation orders are lifted or the region is approved for resident access. One of the really sad things that we all grappled with is that, you know, after a major fire, people wanna go back to their properties. They wanna sift through what may be left. They wanna see if they can find their wedding ring or, you know, a piece of a memento. And sometimes they do find things, quite frankly.
- Benjamin Allen
Legislator
I know this because I walked with constituents personally. And yet, the poor folks at the mobile home parks, not only do they lose their properties associated because of the fire, they lose the right to go back to the property after the fire without the permission of the landlord. And in some cases, they were denied the right to go back to their properties. So, know, we anyhow, we wanna make sure that there's some rights associated with access to the properties.
- Benjamin Allen
Legislator
I can get into the details that people want. Third, the bill fixes an oversight from legislation passed last year that unintentionally strips residents of their rights to appropriate reimbursement should a park owner choose to close the park or change the use of the park after a disaster. Prior to last year, state law required owners to compensate residents for the full in place market value of the mobile home, even if in the event of the disaster where the park or mobile home has been destroyed.
- Benjamin Allen
Legislator
So, can you imagine what that entails? I mean, it, you know, it doesn't make sense to to make park owners responsible for the physical replacement value of the mobile home that's destroyed in a disaster.
- Benjamin Allen
Legislator
That's the responsibility of the homeowners insurance. So last year, legislation passed that removed the entire requirement for compensation in the event of a disaster. But, you know, remember, mobile homes values are not purely based on their physical structure. The leasehold interest that homeowners hold also needs to be accounted for. And this value is not covered under homeowners insurance, and it wasn't, you know, it was not lost due to the disaster.
- Benjamin Allen
Legislator
So if a resident loses the leasehold value of their mobile home park, it's because of the discretionary decision a park owner made not to reopen the park and allow them to rebuild their property. So this bill ensures that if park owners makes you know, make the decision to close or change the use of the park instead of rebuilding, that residents are made whole and compensated for their lost leasehold value.
- Benjamin Allen
Legislator
Finally, the bill requires park owners to thoroughly consider the benefits, cost, and available resources for rebuilding and preserving the mobile home park and the equity that mobile home park owners have invested in their properties. Environmental testing, relocation feasibility, economic costs to the greater community should all be considered before a decision to close or redevelop the land is made.
- Benjamin Allen
Legislator
This bill provides residents that have been displaced by the disaster with guarantees of transparent communication, the opportunity to salvage any personal items, the assurance of the ability to return and rebuild their homes has been thoughtfully considered, and the right to be fairly compensated for the loss of their right to return.
- Benjamin Allen
Legislator
And so testifying, in support of the bill with me today, we have Jon Brown, a resident of the Pacific Palisades Bowl Mobile Estates, and also co president of the Pacific Palisades Bowl Community Group, and then also Brian Augusta is here with California Rural Legal Assistance Foundation.
- Jon Brown
Person
Good afternoon. Chair Umberg, members, thank you. Thank you, Senator Allen. My name is Jon Brown. I am a husband and father of two young kids.
- Jon Brown
Person
Fifteen months ago, my family lost our home in the Palisades fire. As president of the Palisades Bowl community group now, I represent about 400 residents in the same position, roughly a 170 households, seniors, veterans, teachers, young families. It's an amazing community there. We're ready to rebuild. We have plans, financing.
- Jon Brown
Person
Our lots are cleared. We have a builder, but there's no and there's no proof of any underground infrastructure issues, that the park is even damaged because there hasn't been an assessment of that yet. I can't tell my kids though that we can go home. So it's not because of the fire. It's because the park owners locked the gate and gone silent on us.
- Jon Brown
Person
The mobile home residency law outlines what an owner must do if they rebuild, if they decide to rebuild after a disaster, but it says nothing about what they must do if they choose not to. Current law does not require the owner to communicate with us, access the property, or assess the property, let us back in so they don't. We have economic assistance lined up if the owners need it to cooperate with us, to rebuild.
- Jon Brown
Person
We have everything ready to go except the park owners wanna take this as an opportunity to profit. This is the gap we're living in.
- Jon Brown
Person
I was up here last year working, trying to, you know, get our rights, put in place, and here I still am. Nothing has changed for us. My kids are still displaced from their home, and we just wanna go home. Hundreds of us have begged they we begged for weeks to get back into the park. Andlike it was described, we couldn't get back in.
- Jon Brown
Person
And by the time we did, you know, our belongings, our heirlooms, were scavenged by, you know, people that went into the park that were able to get in. There's been no plan, no timeline. Our residents are running out of money, options. In some cases, they're passing away. And, you know, the property is already being marketed right now as a blank slate, is the way that it's being marketed.
- Jon Brown
Person
SB 1093, we think is straightforward. It doesn't tell an owner what they need to do with their property. It simply requires that they act responsibly toward the people who are living there. On the day of disaster, it requires communication, protects our rights of access.
- Jon Brown
Person
Move quickly. So sorry. I didn't hear you. Yeah. I just wanna say I I just hope that, you know, no park owner would be incentivized, you know to hope for a disaster like this and that we could have rights to go back home.
- Jon Brown
Person
And I urge an aye vote. I'm so sorry for going over. Thank you so much.
- Brian Augusta
Person
Good afternoon, Vice chair and members. Brian Augusta on behalf of the California excuse me, Rural Legal Assistance Foundation. Please just support this legislation. You know, on behalf of our low income clients living in rural areas, the Camp Fire really that the author mentioned really tells the story with so many units lost and those parks have not reopened.
- Brian Augusta
Person
And imagine being the homeowners, many of them seniors, not only losing your home and the and the value associated there with, but also having no reliable information about if or when you might be provided replacement housing or whether it will reopen, but also limitations that are often imposed preventing you from even coming on your property to gather whatever little belongings might still remain.
- Brian Augusta
Person
So in support of that and the other provisions of this bill that clarify the value that must be replaced if the park ultimately closes, we're strongly in support of this measure and we would urge an aye vote.
- Roger Niello
Legislator
Are there others in support of the bill that would like to come forward? Identify yourself, your organization, and your position on the bill.
- Katie Hawley
Person
Katie Hawley, council member for the City of Chico, located in Butte County, home of the 28 Camp Fire and Support. Thank you.
- Roger Niello
Legislator
Thank you. Are there any others in support seeing no one coming forward? Let's hear now from the opposition.
- Chris Wysocki
Person
Mister chair members, thank you for the time. My name is Chris Wysoki with WMA, and I'm here to urge a no vote on SB 1093. WMA believes 1093 is punitive and fails to recognize that owners of the park destroyed in a disaster have also suffered great economic and personal losses.
- Chris Wysocki
Person
In the Tubbs Fire, for example, instead of rebuilding Journey's End mobile home park, the city of Santa Rosa and an affordable housing provider worked collaboratively with the owner to build a 162 apartments for low income seniors 62 years and older. It took six years.
- Chris Wysocki
Person
The second phase will add an additional 38 units, and the third phase will add an additional 30 more. In the Paradise Fire, 30 parks burned down, but only five or so reopened. The number of parks didn't drop because of anything the park owners were doing. Instead, the number dropped because no one wanted to move back and there weren't any customers. This meant that those owners no longer haven had a business to go back to to raise their families and operate a mobile home park.
- Chris Wysocki
Person
1093 also fails to recognize what truly happens in a disaster. The two parks that burned in the Senator's District happened to be two of the most unique mobile home parks in America. Rewriting state law to try to address these two individual parks fails to recognize how other communities can recover from fires.
- Chris Wysocki
Person
SB 1093 would only add costs and layers of delays to projects like the rebuild of Journey's End and potentially bankrupt and eliminate the owners in Paradise from trying to salvage something from the change of use or the closure of the park. Finally, after the fires, we reached out to the author, the city, and the governor to see if we could work together to find a way everyone could work together.
- Chris Wysocki
Person
But we heard nothing in return until last year's bills were introduced. For these reasons and those raised in our letter, we urge a no vote on SB 1093. It fails to recognize the realities of how communities can recover from disasters. Thank you.
- Dan Rudaro
Person
Good afternoon. My name is Dan Rudaro in opposition to the bill. My law firm Rudaro Law Group represents the owners of the Tahitian Terrace Mobile Home Park that was destroyed in the January 2025 fires. SB 1093 requires the park to provide status updates on numerous required investigations and studies, but imposes no requirements on the residents to provide contact information for those updates. The park, meanwhile, is subject to a 2,500 per resident and per day penalty for not providing the updates.
- Brian Jones
Legislator
If you had, for example, 200 residents in a park, that would be a massive daily penalty of $500,000. The proposed amendment changes it to say the park made can make reasonable efforts to get the contact information, but the law fails to say what constitutes reasonable efforts, leaving the park owner still particularly, liable.
- Brian Jones
Legislator
As to the programs and opportunities to rebuild, which HCD is to put on a list, the fires occurred some fifteen months ago, and my client still has not been advised if that any such programs even exist. There is also no deadline by which HCD must compile the list. A park owner, meanwhile, could be fined $500,000 a day for failing to obtain information about these programs, which may not even exist.
- Brian Jones
Legislator
SB 1093 recognizes there's going to be debris, metals, asbestos, contaminants on the park property, but nonetheless requires the park to give access to the residents within seven days of an elected evacuation order. Since there is no requirement that HCD approve liability waivers by a certain time, this bill is effectively requiring park owners to place residents in harm's way and to do so without a signed liability waiver.
- Brian Jones
Legislator
Finally, it's important to remember that it was not the park owner's fault that these horrible, disastrous fires happened in January 2025. Those responsible for causing these fires should be responsible for paying for the homes. Thank you.
- Thomas Umberg
Legislator
Alright. Thank you very much. Alright. Others in opposition to SB 1093. Good afternoon, Mr.
- Trent Smith
Person
Chair and members. Trent Smith on behalf of California Mobile Home Park Owners Alliance also in opposition.
- Thomas Umberg
Legislator
Thank you. Anyone else oppose SB 1093? Please approach. Seeing no one else approaching, let's bring it back to committee. Questions, comments by Senator Durazo, then Senator Niello.
- María Elena Durazo
Legislator
Yeah. I wanna thank the author. I I suspect this has been a very, very difficult to get to the bottom of what the issues, the problems, and everything that was, you know, the dynamic of everything that's going on for the residents. So I appreciate that you've rolled up your sleeves to to get to the bottom of of a lot of of that. Is there anything about what the opposition is saying that makes any sense to you all?
- María Elena Durazo
Legislator
Or I'm not asking you to to take any amendments. I'm just wondering if there are things that might make sense. But mostly, I just wanna acknowledge you and your witnesses, especially the gentleman who spoke who was a former resident. Just raise, you know, what what what could be potential issues that they raise that
- Benjamin Allen
Legislator
Yeah. I mean, the one I mean, certainly, the concern about this ballooning into some massive new liability, you know, without providing reasonable mechanism for compliance. I'm certainly sensitive to it. I I thought we got them largely addressed by the committee's amendments, but I'm certainly happy to to if we want to feel on greater specificity about, you know, what we consider safe harbor. I mean, we're we're not trying this is not about trying to play gotcha.
- Benjamin Allen
Legislator
We just wanna make sure that there is that there's an opportunity to, you know, information sharing with the with the residents. I mean, maybe this is even just getting up on the website and letting people know about the website, you know. But but so this isn't I I'm not trying to create some massive new financial liability just on on that issue. So I'm happy to work with the opposition on coming up with a reasonable mechanism for informing the residents about what's going on on the property.
- Roger Niello
Legislator
I appreciate what you're trying to do and these of course are disasters, horrible disasters to which the park owners are submitted also. Yep. And I I think there isn't quite enough allowance for that. As I said, I understand. But I think perhaps the burdens go a little bit too far as the opposition witnesses stated.
- Roger Niello
Legislator
And I I can't support the bill as it's currently constituted because of that.
- Eloise Gómez Reyes
Legislator
There were two things the opposition said that I noted. One was that there's no requirement for the residents to provide their contact information. Aren't the residents paying rent for their space?
- Benjamin Allen
Legislator
Yeah. Exactly. And so that's why that's why I think the committee put in this idea of of kind of big taking reasonable steps if we wanna delineate it further. But it it it it seems to me a bit of a a red herring though. I don't run-in mobile home parks.
- Eloise Gómez Reyes
Legislator
Senator Covers? One other question. And that was there was an objection to allowing residents to return to the property within seven days. Is it seven days after the disaster or seven days after an evacuation order has been lifted?
- Benjamin Allen
Legislator
It's the latter. But it's true that these are messy places after the fire. And I grapple with this. We know there are dangers associated with going back. That being said, this is something that's so important for people to go back to their properties.
- Benjamin Allen
Legislator
And so if if there's a way for us to figure out how to to to do this in in a safe manner, I'm I'm so I'd love to figure it out with the with the opposition. But, you know, I recognize there's some dangers. But, you know, at the end of the day, we're not telling everybody else they can't go back to their homes because of the dangers. And these are these people's homes. I understand it's also a property of the owners.
- Benjamin Allen
Legislator
I get that too. But we want to give people the opportunity to go back to their homes. That's really psychologically important for people.
- Thomas Umberg
Legislator
Other questions or comments? Seeing none. Senator Allen, I I know you have been quite flexible, and I know you will continue to be flexible. And I know you really wanna solve this problem in a way that's that's reasonable. So Yeah.
- Thomas Umberg
Legislator
I I take you at your word that you're gonna continue to work with the opposition. There's no magic formula. Seven days, eight days, nine days, there's no magic formula. No magic formula in in terms of of how one provides notice, that kind of thing. So with that, I would like to close.
- Benjamin Allen
Legislator
Well, I appreciate what you just said. I'll maybe I'll take that as a close. You know, but I do invite the committee's engagement and, the vice chair's engagement on, on how to land those those those sticky issues. Because I I certainly wanna be fair here. This is not about gotcha, Paul.
- Benjamin Allen
Legislator
You know, this is not about a gotcha bill. This is about making this experience better for for these folks. But while recognizing the incredible loss that the the park owners are are suffering too. So I I wanna strike a fair balance here. I it just feels to me that the current status quo doesn't provide enough for for all these folks who lose everything.
- Benjamin Allen
Legislator
And it's that's that's the spirit that drives me here and I I'm but I'm I'm you know, I know we're in the first committee and I'm I'm really anxious to to get this to a place where everybody feels good about where we are. Without Irish, I forgot what I thought.
- Thomas Umberg
Legislator
Well, that's the beauty of our system. This is double referred. So it gives you an opportunity to continue to work to Yep. Create that balance. Alright.
- Committee Secretary
Person
This is file item number 11, SB 1093. The motion is to pass to the Senate Housing Committee. Umberg? Aye. Umberg, Aye.
- Committee Secretary
Person
Valadares? Reyes, aye. Reyes, aye. Wahab, Weber Pearson. Weiner.
- Thomas Umberg
Legislator
Seven to one. We're gonna put that on call. I see Senator Hurtado here. File number 8, SB 1290. Thank you, Senator Hurtado.
- Melissa Hurtado
Legislator
Thank you, Mr. Chair and members. I'm here to present SB 1290. I would like to start off by thanking the chair and committee staff for working closely with my office and the bill sponsors. I will be accepting the amendments outlined in the committee analysis that further strengthen the bill's intent while adding in necessary safeguards.
- Melissa Hurtado
Legislator
SB 1290 provides the California Department of Justice with a targeted, early-stage investigative tool to access procurement records for public contracts over $100,000 so that the state can determine whether collusion or anti-competitive conduct is occurring with—which ultimately hurts our constituents.
- Melissa Hurtado
Legislator
In the Central Valley, the people that I represent work extra hard for every dollar they earn. And I'll tell you, I gave a tour to three different classes today and the one bill idea that the eight-year-old—one eight-year-old had was to get rid of taxes. So, taxation is at the top of their minds when it to these eighth graders. And I know that it's definitely at the top of their mind when it comes to their parents.
- Melissa Hurtado
Legislator
And so, you know, I believe that Californians, and now children as well, want to feel confident that when their tax dollars are invested, whether on services, local projects, or infrastructure, that there are real enforcement tools in place to ensure those dollars are spent fairly and honestly. SB 1290 provides that enforcement. And with me today is Deputy Attorney General, Anthony Liu, from the Office of Legislative Affairs at the California Department of Justice.
- Melissa Hurtado
Legislator
And we also have Supervising Deputy Attorney General, Michael Jorgensen, representing the DOJ's antitrust section here to answer any technical questions.
- Anthony Liu
Person
Thank you. Good afternoon. Anthony Liu from the AG's office. We're the sponsor of the bill. We wanna thank Senator Hurtado for authoring this bill to provide us new tools under the Cartwright Act to enable early investigation of bid rigging and other potential violations of law related to public procurement.
- Anthony Liu
Person
So, in public procurement, whenever business contracts are awarded by means of soliciting competitive bids, coordination among bidders undermines the bidding process and can be illegal. And as a general matter, bid rigging and collusion are difficult to detect and difficult to prosecute without access to the right information from the bidding and procurement process.
- Anthony Liu
Person
And now, when violations of the law go undetected, the result is the potential overpayment of millions of California taxpayer daughter—dollars—for public contracts awarded to bid rigging, due to potential bid rigging collusion and price fixing. And page seven of the committee analysis describes in more t—details—some of the various forms that can take. I'm gonna be more quick here.
- Anthony Liu
Person
I wanna thank the committee consult and the chair for their engagement over the past week to help craft the amendments that the author is accepting today. These amendments ensure that the new authority under this bill may not be used to enable any fishing expedition and may be only used for the purpose of identifying bid rigging and violations related to public procurement. That's our goal of this bill.
- Anthony Liu
Person
The amendments also strengthen existing protections to protect the—to protect the confidentiality of the information that is provided to DOJ under this bill. So, in conclusion, with the enhanced early access and ability to examine public procurement information provided to public entities by bidding companies, DOJ can help ensure fair competition for public contracts, deter anti-competitive conduct, and safeguard the efficiency and value of government spending over tax dollars.
- Anthony Liu
Person
And so, for those reasons, the AG respectfully urges you to vote aye. And with me, I have Mike Jorgensen to answer technical questions.
- Thomas Umberg
Legislator
Okay. Thank you very much. Alright. Anyone else in support of SB 1290? Please approach the microphone.
- Thomas Umberg
Legislator
Going once, going twice. Alright. Now, let's do the opposition. If you're opposed to SB 1290, now's a good time to speak your piece. Alright.
- Thomas Umberg
Legislator
Seeing no one approaching. Let's bring it back to committee. Committee members. Yes, Senator Niello.
- Roger Niello
Legislator
Thank you, Mr. Chair. For the Attorney General's Office, how would you go about selecting entities, investigating entities, under the authority of this bill?
- Mike Jorgensen
Person
So, the Attorney General's Office, the antitrust section gets leads in a variety of ways. It could be insiders, public procurement officers themselves, reliable news sources and articles, tips through our public inquiry unit. That's, in short, a, a variety of other ways. Perhaps also local DA referral, other attorneys representing grief companies.
- Roger Niello
Legislator
Could you see yourself asking questions about the Capitol Annex Project?
- Roger Niello
Legislator
There's been quite a bit of controversy about that and there is no information being released. Is that perhaps the sort of thing that you might wanna take a look at?
- Anthony Liu
Person
Mike is not from Sacramento. He's—I know he's squinting here, the Capitol Annex Project. I'll have to get you an answer for that. I mean, I don't know enough.
- Roger Niello
Legislator
Would you be taking a look potentially, as an example, at the Capitol Annex Project? There's been, as you know, quite a bit of controversy about that and a little information being provided publicly. Would that perhaps be the sort of thing that you might want to take a look at?
- Anthony Liu
Person
Well, I think that's—I mean I'm not sure if that's in the scope of the bill, but we would receive tips from anyone if anyone wanted to make a tip to our public inquiry unit, for example. I'm not exactly sure what you're referring to around the Capitol Annex Project.
- Roger Niello
Legislator
I'm referring to the fact that there is very little public information being put forth as to the status of the project, costs, etcetera, but I gather, based upon what you've said, that your investigation would be based upon input to your office from people that might suspect that there's issues. Is that what did that—is that what I heard?
- Mike Jorgensen
Person
So, any public procurement over $100,000 would be the scope of the proposed bill here. The Capitol Annex Project, difficult to always discuss any pending investigation acknowledging it, admitting that we have an investigation. But if it's public procurement and it fits the, the necessary sort of gating issues within this bill, yes, it would allow better access by our office to public procurement bidding.
- Thomas Umberg
Legislator
Alright. Thank you. Other questions or comments? Seeing none, somebody moves the bill? Oh, Senator Durazo's question.
- María Elena Durazo
Legislator
Just real quick. I, I just wanna thank the author and the Attorney General and everybody who was involved in this. I get, I get the, the objective, the, the goal here. It was—and I'm glad it went from being too broad and, you know, demanded contracts and documents without the kind of scope that that we need to, to protect ourselves.
- María Elena Durazo
Legislator
We don't want what is happening at the federal level to happen at the local level, as far as anything anybody decides they wanna investigate because they feel like doing it that day.
- María Elena Durazo
Legislator
So, I really appreciate all the amendments that were made. Thank you.
- Thomas Umberg
Legislator
Alright. Anything else? Nope. There's been a motion. Senator Durazo has moved the bill.
- Melissa Hurtado
Legislator
Thank you, Mr. Chair. I think that I'm gonna just go back to those third graders that I met with today. They, they obviously, you know, they have the weight of the taxes, and I think that, you know, kind of carries from their parents and their families and this is what it's all about. Right?
- Melissa Hurtado
Legislator
We wanna make sure that no one's taking advantage of those hard-earned dollars that should be going, you know, back, at the end of the day, to our children and, and, and invested in their futures.
- Melissa Hurtado
Legislator
That that's what this bill is about and, I respectfully ask for an aye vote.
- Thomas Umberg
Legislator
8-0. We'll put that on call. Alright. So, normally, we would be going next to Senator Caballero, but in deference to former Assemblymember, Dom Cortese, we're gonna entertain his son coming forward with Senator Durazo. So, there's only, there's only two of us in this room that know what I'm talking about right now, so.
- Dave Cortese
Legislator
Thank you, Mister Chair. Boomers. It's boomer talk. Thank you very, very much for hearing us today. I'm here with Senator Durazo to present SB 1319, which is a joint authored bill called the Private Equity Sunshine Act.
- Dave Cortese
Legislator
The analysis suggests considering an amendment that would take the bill out of the public records act. I wanna just acknowledge that right away due to the short timeline for double referred bills. We commit to, you know, considering that amendment at a later date. The bill builds on existing law to provide meaningful transparency regarding private equity investments made by California's public pensions. Public pension funds invest retirement savings of workers, and those funds should be subject to clear comparable reporting.
- Dave Cortese
Legislator
But for the most part, it is. At the federal state levels, they are reporting and transparency requirements, transparency requirements covering the public pension funds investments and publicly traded securities. If you have a public pension with CalPERS and you visit their website, you can see how your money is being invested for the most part. However, the pension systems can also invest worker dollars in alternative investments that are not subject to the same transparency requirements as securities.
- Dave Cortese
Legislator
This matters because, for example, there's no required comparison showing whether private investments outperform public market alternatives after accounting for significant fees charged by private equity firms, risk analysis, and so forth.
- Dave Cortese
Legislator
Without that comparison, it's difficult to determine whether higher costs and risks are justified. There's also limited visibility in the companies owned through these investments. Private equity firms can control or influence company operations through ownership stakes, including decisions about management, staffing, and business practices. Workers are often in the dark about who ultimately owns or controls the company they work for or how these decisions are made.
- Dave Cortese
Legislator
I'm gonna turn it over now to Senator Durazo with the sheriff's permission to say a few words, and she will introduce our witnesses today.
- María Elena Durazo
Legislator
Thank you, Senator and, members of the committee. I'm proud to present this bill today. Transparency is not a burden. It is a baseline. California's workers have earned nothing less.
- María Elena Durazo
Legislator
California's public pension funds hold the retirement security of millions of workers who spent their careers in service to our great state. These workers earn their pensions. They deserve to know that their money is being managed wisely, transparently, and in their best interest. An increasing share of this money is flowing into private equity. Unlike publicly traded securities, these investments operate in the dark with limited standardized reporting, inconsistent disclosure, and no required comparison showing whether they outperform the public markets.
- María Elena Durazo
Legislator
This bill changes that. This bill brings basic accountability to a corner of our financial system that has long avoided it. It requires pension funds to show in very plain terms how private equity investments stack up against public market benchmarks. This is also about power. Private equity firms make decisions about jobs, staffing, business operations, work and workers are often the last to know who is really calling the shots.
- María Elena Durazo
Legislator
This must change. Today, we have Richard McCracken, senior counsel of McCracken, Stemmerman, and Holesbury, and Patrick Henning, chief deputy treasurer of the state of California to, testify in support. Jordan Fine will with Unite Here Local eleven is available for questions. Thank you, Mister Chair.
- Richard McCracken
Person
Good morning. I'm Richard McCracken. I speak for Worker Power, which is a nonprofit advocacy organization associated with Unite Here Local eleven. The increasing turn to private equity investments by public pension funds is very understandable. They are under a great deal of pressure to increase their funding, and the promise of private equity is to do better than the public markets.
- Richard McCracken
Person
The public markets have historically been the way that public pension funds invested. That is, they invest in publicly traded stocks and bonds. But now the portfolios of many public pension funds, including the biggest one of all, CalPERS, have a very substantial amount in private equity. Private equity is a term that covers, I won't say a multitude of evils, but a very different assortment of types of investment. But the leading one is leveraged buyouts.
- Richard McCracken
Person
You may recall the term leveraged buyouts. They turned into private equity because of the appropriate attached to leveraged buyouts. The leveraged buyouts cause a great deal of trouble for a lot of people. They cause a lot of risk for the funds because the rate of bankruptcies among the firms that have been acquired through private equity is nine times greater than the average. According to a Cal Poly study in 2019, the rate of bankruptcy among firms that have been acquired by private equity is eighteen percent.
- Richard McCracken
Person
Eighteen percent of those taken private through leveraged buyouts go bankrupt. It's a big risk. So a fair comparison, which this bill would require, is that when a public, fund invests in a private equity investment, that a benchmark be picked at that time, a public sector, public market, comparison, like standard and poor. And then as the length of this very long investment goes on, the performance has to be compared to what would have happened if the same amount of money had been put in that public index.
- Richard McCracken
Person
Yes. And so we urge your, yeah, yes vote for this, this measure. Thank you very much sir.
- Patrick Henning
Person
Mister Chairman, thank you, for your time, and I'll try to be as brief as I possibly can. As you've already heard, this, bill is about transparency. We have new investment opportunities that come in front of us. We just wanna be able to see what the companies are, how they are situated, and be able to compare them as mister McCracken said, to other investments that we make. The treasurer sits on both CalPERS and CalSTRS as a unique view of our public pension funds.
- Patrick Henning
Person
California has a a whole variety of different funds that are like this, that this bill will also attempt to get a better view in for other fiduciaries like myself. And all told, we have over a trillion dollars invested, in these types of companies and and others. But these pension funds are looking to make the best investments possible. With that, thank you for your time and ask for your support.
- Thomas Umberg
Legislator
Thank you very much. Alright. Others, me too, testimony. Go ahead.
- Mike West
Person
Mister Chair and Members, Mike West on behalf of the State Building and Construction Trades Council also in support. Thank you. Thank you.
- Pat Moran
Person
Mister Chair and Members, Pat Moran with Aaron Reed and Associates representing the Retired Public Employees Association in support. Thank you.
- Sarah Flock
Person
Mister Chair Member, Sarah Flock, California Federation of Labor Unions in strong support.
- Connor Gusman
Person
Good afternoon, Chair and Members. Connor Gusman on behalf of Teamsters California, I'm sorry, Unite Here in support.
- Mike Greenlee
Person
Mike Greenlee, political director of International Unit Payers in Allied Trades in support.
- Erica Valentine
Person
Erica Valentine, UA Local 393 in strong support, standing with the building trades.
- Thomas Umberg
Legislator
Thank you. Anyone else in support? Now is the time. Alright. Let's do the opposition.
- Thomas Umberg
Legislator
If you're opposed to SB 1319 Seeing no one. Alright. Let's bring it back committee for Senator Stern.
- Henry Stern
Legislator
Yeah. Thank you. Appreciate the measure. Just reading through the analysis and I was hoping the author I didn't hear a discussion about the the section 2514.785 . It's referenced on page 10 of the analysis and just this constitutional question.
- Henry Stern
Legislator
I was hoping maybe you or your sponsors could comment on the on that issue.
- Dave Cortese
Legislator
Yeah. I'll ask mister McCracken to approach Okay. And answer the question.
- Henry Stern
Legislator
Yeah. The analysis says the bill could run a foul of the amendment by reference rule. It as established under, California constitution article four, Section nine, and then American Lung v Wilson. I was just wondering if you could comment on, do you see that as there being any constitutional infirmities with that amendment by reference issue here?
- Richard McCracken
Person
I do not. Good. Why? Because the, as I understand it, this is not an area that I claim any great expertise in.
- Richard McCracken
Person
So but what I've been informed is that the legislative council does not believe that there is a problem there. And I what the bill does, of course, is to, to amend one section of the statute concerning the the Public Records Act, and and there is a cross reference in another section of the government code to to this one we're talking about, but that's not altered at all. Okay. If that answers your question, I hope it does.
- Henry Stern
Legislator
I mean, I guess I'm I'm trying to understand just the the flow of this legislation in the context of, say, the the coolie legislation that preceded it and why choose the Public Records Act versus a disclosure process that that doesn't say, you know, that that just focuses on performance and maybe the the first category of, you know, the the performance of these these alternative measures, these alternative investment vehicles versus, you know, some of the the other kinds of information that a CPRA would would require disclosure of including addresses, number of workers at the companies, the, you know, those kinds of questions about as opposed to just performance and cost.
- Richard McCracken
Person
Yes. It's under the existing statute, requires quite a lot of information about private equity investments. So we've amended that existing list, and the existing list requires such things as the address of the private equity investment, its vintage year, as well as its internal rev rate of return. The fees and other expenses charged, those are already in this statute. Right.
- Richard McCracken
Person
There are a couple of ancillary ones, but the two main things are to add a provision that I described in my testimony about the comparison of the risk and liquidity adjusted results of the private equity investment to a public index that's been chosen in advance. And the second thing is to require that there be a disclosure of the investments made by the private equity manager in enterprises or activities that employ human labor.
- Richard McCracken
Person
So, in addition, no names and addresses of employees, but simply a headcount of employees and the standard occupational category for each one of them, or for the group, so that we know how where the money's going and whether it's being used in a positive way, socially and economically, or if it's being used in a destructive way. And we know many stories about the destructive, ways in which private equity and through leveraged buyouts has sometimes been used.
- Richard McCracken
Person
We we can tell the same things about public market investments because of the the disclosures that are made by by companies issuing publicly traded stocks and bonds. And their, their reports are far more detailed than this.
- Richard McCracken
Person
No. And the, one of the, the, you can find that information out though because you, let's take a, a major California employer like Disney. By looking at all their securities reports, I can tell you with quite a lot of precision how many employees they have in each location doing basically what types of work. But I can divide that from the publicly traded securities reports.
- Richard McCracken
Person
And so this is this is actually a much lower level of disclosure than those publicly traded securities have.
- Henry Stern
Legislator
Sure. Okay. I just wanna make sure that, we're getting good apples to apples comparison here so that we understand, where, you know, not just on a performance basis, but on this sort of workforce or human labor impact that we're getting equally, deep dive data on the public market investments versus these alternative vehicles so that we we don't sort of stack the deck one way or another, but that we're getting a a good honest take.
- Henry Stern
Legislator
So I will, I'll be supporting the measure today, but I'll keep a close eye on that issue going forward. Thank you.
- Thomas Umberg
Legislator
Thank you, Senator Stern. Other questions or comments? Seeing none, is there a motion?
- Thomas Umberg
Legislator
Senator Caballero moves the bill. Alright. Would you like to close?
- Thomas Umberg
Legislator
Okay. Thank you very much. Alright. Committee's supporter, please call the roll.
- Committee Secretary
Person
This is file item number 15 SB1319. The motion is do passed to the Senate Labor Public Employment and Retirement Committee. Umberg. Aye. Umberg, aye. Niello. Aye. Niello, aye. Allen. Ashby. Caballero. Aye.
- Committee Secretary
Person
Caballero, aye. Durazo. Aye. Durazo, aye. McNerney. McNerney, aye. Reyes. Reyes, aye. Stern. Stern, aye. Valladares. Wahab. Weber Pierson. Weber Pierson, aye. Wiener. Wiener, aye. 9 to 0.
- Thomas Umberg
Legislator
Next, file number 12, SB 1091 by Senator Caballero, followed by file number 14, SB 1194 by Senator Caballero.
- Anna Caballero
Legislator
Mister chair, if it's okay with you, can I start with file on item number 14? I may have a witness issue.
- Anna Caballero
Legislator
Thank you very much, mister chair and members, for the opportunity to present SB 1194, which would codify the immigration legal fellowship project, which has proven to be a successful model to expand access to immigration legal services in some of the most underserved regions of the state. The fellowship began as a pilot project in 2019 in response to president Trump's federal administration as it pursued repressive immigration enforcement, creating fear and confusion for many immigrant families and children in California.
- Anna Caballero
Legislator
While access to immigration council and legal services has been limited, the environment created under this administration magnified the severity of the issue and demonstrated the clear need for trusted legal services and community based support to assist individuals navigating the complex immigration system. The fellowship was designed to increase the number of qualified immigration attorneys who could defend California residents against deportation and family separation.
- Anna Caballero
Legislator
The first fellowship core co cohort was deployed in 2021, and the program has not only created a sustainable immigration attorney pipeline to areas hardest hit, but has also strengthened trust in public institutions and ensured individuals receive accurate legal representation during some of the most critical moments of their lives.
- Anna Caballero
Legislator
The fellowship has provided legal representation services to nearly 2,500 individuals across 39 counties. Local organizations who have hosted fellows have gained the requisite experience required in order to be eligible to apply for state legal service funding and are in a better position to lev leverage philanthropic support. The president's inhumane immigration activities has made it clear that the need to continue a proven program to develop removal defense capacity and strengthen the immigration attorney workforce pipeline has never been more urgent.
- Anna Caballero
Legislator
SB 1194, bless you, builds on a successful model, ensure California is prepared to safeguard the immigrant community, and provides ongoing access to legal support in the face of the federal administration that has shown a blatant disregard for the rule of law. With me to testify and support today is Neri Lozano, a fellow from the Centro de LA Familia, and Vanessa Guerrero, deputy attorney general from the California Department of Justice.
- Vanessa Guerrero
Person
Good afternoon, chair and members. My name is Vanessa Guerrero, and I'm a deputy attorney general in the California Department of Justice. The attorney general is proud to sponsor SB 1194. This legislation makes permanent the immigration legal fellowship project, which was first championed through a budget request by then assembly member Rob Bonta. The fellowship expands access to critical immigration council in the most underserved rural regions of the state.
- Vanessa Guerrero
Person
The fellowship was established to address the fact that many regions in the state, particularly rural communities, lack a sufficient number of trained immigration attorneys and qualified removal defense services to protect communities from unlawful immigration practices. The fellowship has provided legal services to over 2,000 individuals and reached over 40 counties. Although the fellowship has demonstrated the effectiveness of the model in building removal capacity, strengthening host organizations, and growing a durable rural legal workforce without sustained funding for this critical workforce development, gaps in representation will persist.
- Vanessa Guerrero
Person
Attorney General Bonta is committed to continuing his support of this pivotal fellowship. I thank you for your consideration, and I respectfully ask for your aye vote.
- Neddy Lozano
Person
Good afternoon, mister chair and senators. My name is Neddy Lozano. I am an immigration lawyer at Central La Familia in Fresno, and I am here in support of, SB 1194. The immigration fellowship was born five years ago out of need, out of the need to represent our most vulnerable communities across California, farm workers and immigrant families in remote areas without access to any immigration lawyers.
- Neddy Lozano
Person
Since 2021, the fellowship has met this need in communities throughout the Central Valley, the Central Coast, and the Inland Empire.
- Neddy Lozano
Person
I represent my community members in Fresno. I am a product of the Central Valley and an immigrant myself. I was born in Mexico, and I went on to attend Fresno State and then law school. But I wanted to return to the Central Valley to advocate for my community. This is one of the main goals of the fellowship to select fellows with ties to the communities to help establish lasting legal infrastructure in legal desert zones.
- Neddy Lozano
Person
We fellows receive invaluable training and support from immigration law organizations such as ILRC, IOD, change lawyers, and, CDSS. This state and public interest partnership collaboration is vital because the result is providing legal representation to those who otherwise would have would have no hope. In closing, I'll do so with a success story. To the fellowship, we filed a successful habeas corpus petition, in, in December.
- Neddy Lozano
Person
A married man with a family who was denied a who was detained during a routine ice check-in, which he had been attending for the previous three years, was arrested, detained without any justification.
- Neddy Lozano
Person
He spent three months in the hellhole that is known as, like, the California detention center. He spent his birthday, New Year's, and Christmas there. Our team helped him secure the release and reunited with his family, and the government could not oppose the habeas because there was no justification. And the judge even did not did not allow the government to move the our client out of the jurisdiction because that's what they do. So this fellowship has no impact.
- Thomas Umberg
Legislator
Alright. Thank you very much. Okay. Others in support, please approach the microphone. Give us your name, your affiliation, and your position.
- Javier Vasquez
Person
Good afternoon. Javier Vasquez with Centro La Familia, host organization in support.
- Jackie Gonzales
Person
Jackie Gonzales, co executive director of Immigrant Defense Advocates, proud cosponsor and in strong support.
- Adriana Melgosa
Person
Adriana Melgosa, executive director of the Watsonville Law Center in the Central Coast, in support.
- Abraham Madoy
Person
Good afternoon, chairs and members. Abraham Madoy, California policy and government affairs manager with the Immigrant Legal Resource Center in strong support. Thank you.
- Jaime Gomez
Person
jaime gomez. Lucintro La Familia, ILFP fellowship product, immigration attorney in support.
- Marina Garcia
Person
Marina Garcia, supervising DOJ accredited representative from Central Legal de LA Raza in Oakland in full support.
- Virginia Klein
Person
Virginia Klein, managing attorney at Central Legal de LA Raza in full support.
- Thomas Umberg
Legislator
Thank you. Anyone else in support of SB 1194? Please approach seeing no one. Let's turn to the opposition. If you're opposed to SB 1194, please approach the microphone.
- Thomas Umberg
Legislator
Seeing no one approach the microphone, let's bring it back to committee for questions, comments, questions. Yes, Sinner Reyes.
- Eloise Gómez Reyes
Legislator
Sounds like a great program. I'd love to be added as a co author with your permission. And my other question is is there a budget request also associated with this?
- Anna Caballero
Legislator
Yes. And this is a program that has been funded by the state for a number of years. And why this is really important is that when one California was created as a fund to provide legal services for immigrants, there were whole areas of the state that had no attorneys that qualified in order to receive the money. The Central Coast is one area and the Central Valley is another.
- Anna Caballero
Legislator
So really warms my heart to see all these young attorneys that are capable of of addressing the issues that we find in in, in the Central Valley.
- Anna Caballero
Legislator
So, yes, there is a budget request and, it's been funded in the past, so I don't expect it'll be controversial. Thank you. And the appropriate time, I would move the bill.
- Thomas Umberg
Legislator
Okay. Senator Reyes has moved the bill. Other questions or comments? Senator DeRozo.
- María Elena Durazo
Legislator
Yes. I was around when we were trying to channel funding, especially to the rural areas and other areas that didn't have it. And sir certainly, you all and all the organizations here have created capacity, then you can provide more of the resources that are needed. So I'm really proud and and glad what you've you all have done, especially in the in our rural areas. Thank you.
- Thomas Umberg
Legislator
questions or comments? Alright. Thank you, Senator Caballero. You devoted your entire professional career to representing those who have little or no voice, and this continuation's true mark of a professional. So I'm very proud, and I'd love to be as a co author also.
- Anna Caballero
Legislator
I respectfully ask for your aye vote. One of the things that I'm very very proud of of about is that the one California had a requirement that providing services for for at least three years. So if you had areas where there weren't any attorneys, they were ineligible to receive the money. And the programs that have come in to be helpful do know your legal rights. Well, it's great to let people know what their legal rights are.
- Anna Caballero
Legislator
But if there are no attorneys to defend them, then that becomes a problem. And that's what this program does. They are now eligible because they've been in operation for three years for the one California. So, I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alrighty. Thank you very much. Comenesis Porter, please call the roll.
- Committee Secretary
Person
This is file item number 14, SB 1194. The motion is do passed to the Senate Human Services Committee. Umberg. Aye. Umberg, Aye, Nilo.
- Eloise Gómez Reyes
Legislator
I mean, this isn't the the Appropriations Committee but another funding source of course is the new homeownership funding that is being proposed even within the budget.
- Anna Caballero
Legislator
That is correct. I mean, ultimately, we can fund it in the budget apart from this,but right now it's anticipated to be part of a bond request.
- Thomas Umberg
Legislator
Alrighty. Thank you. Senator Durazo has moved the bill. 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 number 12 SB1091. The motion is do passed to the Senate Appropriations Committee. Umberg?
- Thomas Umberg
Legislator
7 to 0. We're gonna put that on call. Alright. Let's take up the consent calendar. Is there a motion on the consent calendar? Senator Caballero moves the consent calendar. Committee Supporter, please call the roll.
- Thomas Umberg
Legislator
9, 0. We'll put that on call. Alright. I understand Senator Wiener has some bills. So, what the rumor is.
- Louise Bedsworth
Person
I think one thing that is important about this bill is that the intention is addressing the global impacts of climate, which doesn't matter where the emissions occur because they are globally mixed. And so California is experiencing the impacts from the globally mixed greenhouse gas emissions. So we are experiencing the impacts that are due to not just our emissions, but the emissions that have occured/occur around the globe.
- Louise Bedsworth
Person
But I think then we are bearing a disproportionate cost of the impacts that we are experiencing because we're experiencing such severe impacts. So this looks at building new tools to address that cost. Maybe I'll let mister Levitt speak.
- Roger Niello
Legislator
Well, specifically my question was do you have any estimation as to what impact this legislation would have on refining capacity in California moving forward, particularly recognizing the fact that two refineries have just recently closed?
- Gordon Levitt
Person
Thank you for your question, Senator Niello. Neither the opposition or proponents economic analysis have addressed that question of impact on refineries in terms of prices. It's very speculative as you mentioned yourself, the two refineries have closed recently based on other factors without this bill being in play. The other points that I would like to, address that you made is that the market share liability framework allows the State to get a fair share of liability from the defendants that can be held into California court.
- Gordon Levitt
Person
So that's all within existing civil procedure, constitutional boundaries. The bill adheres to that. The other point that I wanna draw attention to is that the opposition can't have it both ways here. This can't be both unbounded liability that will break the state's economy, as they would say in their report, and so limited of an impact in terms of a remedy for Californians that it's not worth doing.
- Gordon Levitt
Person
So, I would just ask which is it in that this bill addresses a very narrow range of costs and is conceptually different than the cases that the opposition referenced currently considered by the United States Supreme Court, which are around consumer protection.
- Gordon Levitt
Person
And then the final, point that I would make is that the Supreme Court in granting that also asked the parties to brief standing and jurisdiction without the parties asking for that. So it's possible that they will dispose of the case after oral argument based on those grounds without addressing the preemption merits. Any other questions?
- Roger Niello
Legislator
No. I'm arguing primarily the latter point but I think the former point is still important because exactly because of the political pressures in California, two refineries have closed. We are almost entirely dependent upon foreign sources for gasoline in California. And I I think we have to consider it very likely that additional refineries will close because it is the official position of the state of California that we will no longer allow fossil fuel burning vehicles. I don't think that's gonna be successful, but nonetheless, that's the policy.
- Roger Niello
Legislator
So what's the future for refineries? Here in California, refineries would have to question that. I would suggest that, the refinery capacity will continue to to dwindle. And as we are increasingly dependent upon foreign gasoline supplies we will have some very significant supply challenges. And there's going to be a lot of drivers in line in gas stations that are not going to be very happy.
- Roger Niello
Legislator
But it is true the disproportionate effect in California of any effect impact of climate change because we emit so little of the greenhouse gases. We are responsible for such a small amount of it and yet we are experiencing these impacts. And again, the bill, as Senator Weiner, you said you were looking for proportional impacts. If it's proportional and the oil companies in California and their customers are responsible for tenths of a percent of total global emissions, that's a pretty small proportion.
- Roger Niello
Legislator
But again, California is emitting such a small amount of the greenhouse gases that could be responsible for climate change. It's very difficult to assess the responsibility that this bill does. In fact, I would suggest impossible.
- Jerry McNerney
Legislator
Alright. So, I want to thank the author for bringing this forward, and the witnesses on both sides. We all have some responsibility for climate change. We drive our cars. We eat our buildings.
- Jerry McNerney
Legislator
We eat climate, we eat energy intensive foods. However, the fossil fuel industry owns the lion's share of responsibility for climate change and they've known about climate change for a very very long time. I first heard about climate change in 1969 as a cadet plebe at West Point in military engineering class. 1969. These oil companies have known about this for a long time.
- Jerry McNerney
Legislator
And not only have they known about it for a long time, but they've been very aggressive in suppressing information, the scientific information about climate change. Similar to what the tobacco companies did about the risks of smoking for lung cancer. Now today, science can allocate responsibility for climate disasters to different sectors of the economy. The entities that are most responsible for climate change that ignored known science and risk for the purpose of massive profits should be held accountable.
- Jerry McNerney
Legislator
You know, I've seen Senator Wiener respond, to opposition, and I would believe that you would want to work after this committee to improve the bill. Nobody wants to see the California economy tank because of that and I think that's something that we can work around. Senator?
- Scott Wiener
Legislator
I'm always happy to work with folks. The opposition has made clear to me that they don't have space to work on this. That it's a ride or die hard no. If that changes, then I always have an open door to work with opposition. I always want our, any legislation with my name on it, I want it to be as good as it can be.
- Thomas Umberg
Legislator
yield there. Other questions or comments? Seeing no other oh, I'm sorry. Okay.
- Thomas Umberg
Legislator
Let me go to to Senator Gomez Reyes, then to Senator Weber Pierson, then to Senator Durazo. Okay.
- Eloise Gómez Reyes
Legislator
I would align a lot of my comments with my colleague, Senator McNerney. It's good to see so many friends here on both sides. To see my friends from the operating engineers, building trades, IBW, Teamsters, pipe trades, plumbers and pipe fitters, labor fed, boilermakers, iron workers. These are all friends that we work with on so much of our legislation.
- Eloise Gómez Reyes
Legislator
It's also good to see friends like RL Miller here, students from UCR, Calenviro voters, somebody identified themselves as an Inland Empire resident, and hello to you wherever you are.
- Eloise Gómez Reyes
Legislator
Also, fire survivors that spoke Leadership Council, Ellie Cohen from the Climate Center, Courage California, NRDC and so many others. To see our friends that we work with on so much of our legislation, to be completely opposed, on on important legislation. As I went through this, I saw it through the same lens as my colleague to see what it is that was known.
- Eloise Gómez Reyes
Legislator
With so much legis- when we think about, lawsuits, when we think about, legislation, we think about who knew and when did they know it? And having known it, did they use it for the benefit of the community, of the people, or did they use it for their profit? And looking at what we have through that lens, I I can't help but see that the fossil fuel industry knew about this for decades.
- Eloise Gómez Reyes
Legislator
Their scientists knew about it. But rather than listen to their scientists, and this is directly from the from the analysis, rather than listen to their scientists, fossil fuel companies embarked on a decades long campaign of climate change denial with manufacturing doubt about the science and turning the issue into a debatable one. And for years and years, that's all we've been doing is debating. Does it really cause problems?
- Eloise Gómez Reyes
Legislator
Well, I can tell you in my community where we have so many warehouses and so many trucks coming in and out, spewing their their diesel fuel, it is much more than 1% caused by fossil fuels. The harm to the community is so much is caused so much by the fossil fuel industry and everything that they bring into the community. And yes, we choose to drive our cars but fossil fuel industry knew about this for decades. Their scientists knew about it. Their scientists told fossil fuel companies and they chose to ignore it.
- Eloise Gómez Reyes
Legislator
Not only chose to ignore it, they did everything in their power to put doubt into people's minds. Claims, there was also talk about the lawsuits that were filed. There's a lawsuit in Montana, The Supreme Court has upheld the trial court's order. The lawsuit here in California filed by the attorney general, it's currently on pause and that is understandable.
- Eloise Gómez Reyes
Legislator
But I think if we had legislation such as this, the attorney general would have much more power to move forward. And it isn't to just you file a lawsuit and you win. You have to prove this. But at least there is this possibility of proving something that the fossil fuel industry knew for so so long. And I think that if somebody knows something and hides it and then tries to put the doubt into the minds of everybody else, it's unconscionable quite frankly.
- Eloise Gómez Reyes
Legislator
And I think that having this legislation is important. I think having the attorney general be the person who represents the people of the state of California would allow him to then put the evidence forward and show what damage. If it is 1%, it is 1%. My guess is that it's going to be much greater because you will find pockets of communities that are more affected than others. And with that, I would move the bill at the appropriate time.
- Akilah Weber Pierson
Legislator
Thank you, chair. I wanna thank, Senator Wiener for bringing this bill back again. Your bills are always very, very interesting. But most importantly, they tackle very important, very impactful issues. And so, I thank you for having the backbone to do what many of us should be able to do.
- Akilah Weber Pierson
Legislator
I wanna thank all of those who came out and spoke, those in support and also in opposition. And, you know, like Senator Reyes, you know, love people on both sides of this issue and couldn't help but to wonder what the home insurance cost are for some of the union members who were represented today. You know, some people here talked about proportionality. And I mentioned this last time with the previous bill.
- Akilah Weber Pierson
Legislator
When a disaster occurs, a wildfire, a flood like we had in my district a couple of years ago that looked like New Orleans at the time, some kind of climate crisis hits.
- Akilah Weber Pierson
Legislator
The residents have to pay the cities and the counties. But those who caused it do not. And when we talk about proportionality, there is a huge player that has not had to step up and be held accountable for the consequences of their business and actually just kinda be good neighbors. We have we need to start thinking as a global community because we all have to live and survive on this one earth.
- Akilah Weber Pierson
Legislator
And when that happens, when we start thinking about this, then we stop blaming other people and we work we figure out how we can work together.
- Akilah Weber Pierson
Legislator
Because the same people who are utilizing your products to drive in their homes are the same ones that are now hurting. And, you know, I supported this bill last year. I supported this year. A proud co author of this bill. And I just hope that we can get to a point where we stop trying to point fingers and point blame and shirk our responsibility because at the end of the day, it ends up hurting all of us.
- Akilah Weber Pierson
Legislator
And there's been some conversation about if this bill were to go forward, who would bear the the cost, that the cost would go back to, the residents of California at the at the gas pump and things like that. And if that did happen, that would be the choice of the companies because they have mades billions and billions and billions of dollars in profit.
- Akilah Weber Pierson
Legislator
I think it's over almost 400,000,000,000 over the last few years. And you can't tell me that they cannot utilize some of those funds to help out the witnesses who came and spoke today who lost their homes. So I appreciate Senator Reyes moving the bill. I look forward to voting for it and really hope that this year it gets out of the this committee. So thank you.
- María Elena Durazo
Legislator
Thank you, mister chair. And I wanna thank also everyone who came today. These are obviously difficult, decisions for everybody. We could see within the same communities differences. And we can't deny that our climate is changing and it's doing so in response to human activity.
- María Elena Durazo
Legislator
It's clear that the working poor are hurt more by climate change than others than others. And we do need to act with urgency, but we need to make sure that we do so in a way that doesn't harm low income people and working people even more than what they're facing.
- María Elena Durazo
Legislator
In the face of devastating climate driven wildfires and in our desire to ensure the stability of the fair plan and to help ensure homeowners can both find and afford homeowners insurance, which I support, we must also consider the impact of our policies on Californians who can't afford to buy a home. Those renters would be net losers under this proposal. They don't have homeowners insurance policies, but they are consumers of gasoline and other goods that would increase in cost under this proposal.
- María Elena Durazo
Legislator
So as we look to hold accountable those who, yes, have profited from harming the environment and deepening the climate crisis, we must also closely examine the impact of our policies on the most economically vulnerable. And this unfortunately, this proposal does not do that. And for that reason, I will not be supporting today.
- Angelique Ashby
Legislator
Yes. I applaud the author for his tenacity on this and and your willingness to bring it back and try again with a couple of modifications. I align myself with the comments of the Senator from East LA, Senator Durazo. This is, you know, really tough because these are two very important priorities for all of us, the accountability and the environment as well as affordability. Last year, one of my biggest concerns was affordability.
- Angelique Ashby
Legislator
That concern is even greater this year than it was last year, particularly on this issue. Two of the biggest issues, insurance and access to being able to transport yourself and afford gasoline, and earn a living wage in this community. I also have concerns, which I have shared with the author, about the due process component of this on the retroactive piece. I think there is a question about changing the law retroactively and not allowing an opportunity to be compliant with that in advance.
- Angelique Ashby
Legislator
So while everything stated is fair and true that folks have known about climate change, when you change the rules, regardless of the topic of the rules in the law, you have to give an opportunity for due process.
- Angelique Ashby
Legislator
And I don't think this bill quite affords that. I do think some version of this bill will pass at some time, and I look forward to being able to support that version. But timing is everything. And for me, this is the wrong timing on this bill, and it still needs a little bit more work. So I will not be supporting it today.
- Anna Caballero
Legislator
Thank you very much. Well, I wanna also thank everybody for being here today. Many of you were around when we started the hearing, and so appreciate your your tenacity as well. And I appreciate the author and his tenacity. I did not support the bill the last time, and I appreciate all the people that said they're from the district.
- Anna Caballero
Legislator
Thank you for being engaged and thank you for being here. I didn't support it last year for pretty much the same reasons that I won't be supporting it today. I think there's a sweet spot here. But I also have issues with the with the retroactivity. And and, you know, the this legislature really likes to punch the oil industry.
- Anna Caballero
Legislator
And, you know, they may deserve it. I’m not saying they don't. But a big part of what we've asked them to do, but then we've tied their hands, is to go green. There are Californians, many who you heard from today, who have a good union job because of the work that the oil and the gas industry is doing. And what we've asked the oil companies to do is to be greener, to produce energy in a way that is less destructive of the environment.
- Anna Caballero
Legislator
But then what we do is we don't make it possible for them to do that. And I think the sweet spot, quite frankly, is to say we make this perspective, and then we create an opportunity for them to be able to utilize new green energies, new technologies to be able to create energy that is not oil and gas that are other forms of energy that get rid of waste. And in rural California, we have a lot of waste.
- Anna Caballero
Legislator
I venture to say that all of you that shop at Amazon, now I'm gonna get in trouble for calling them out, have all those Amazon boxes as well that need to be recycled. And part of the challenge is what do we do with waste that we create and we can create energy.
- Anna Caballero
Legislator
So green jobs accountability and affordability become really important. And the number one issue people talk to me about in my district are good jobs. Because we're losing the ability to grow fruits and vegetables and nuts. And what we're growing are solar panels. And I know the authors heard this, my mantra, which is that I'm all for solar panels.
- Anna Caballero
Legislator
But when you start putting them on prime ag land or ag land that's very productive instead of on buildings and on parking lots. You're starting to use up land that otherwise could be used for other other purposes that create really good jobs. And those solar panels, the jobs are low wage to begin with and they're they're temporary. And that's blowing dust in a valley that has some pretty serious health issues related to the valley fever and blowing dust.
- Anna Caballero
Legislator
So in my district, the ability to transition oil out of the Central Valley and bring in better good better better green union jobs and create energies to reduce the energy costs for the families that live there is gonna be really important and this doesn't get there. So I think there's a sweet spot but not today. Thank you, mister chair.
- Eloise Gómez Reyes
Legislator
Thank you, mister chair for allowing me a second opportunity. Two of our colleagues have specifically mentioned the retroactivity in the bill. And my question to you is is this will you consider taking out the retroactivity in this bill?
- Scott Wiener
Legislator
Excuse me. The answer is yes. We would be willing to remove the retroactivity if that's what it took to get it through this committee. I don't think there's a constitutional problem with retroactivity and for the reasons outlined in the analysis. But as a matter of policy, I understand the policy objection, the retroactivity, and we would be willing to remove it.
- Thomas Umberg
Legislator
Okay. Thank you, Senator Wiener. I have a few questions, and I apologize. The council for the building trades from Altshuler I'm sorry. Your name again is?
- Thomas Umberg
Legislator
Demidovich. Miss Demidovich. I'm gonna ask you to assume certain things and if you can't assume them, then you let me know. So assume that climate change is real.
- Thomas Umberg
Legislator
Alright. And assume that the fossil fuel industry has in some ways contributed to climate change. Do you agree with that?
- Thomas Umberg
Legislator
Okay. And assume also that, while California may be, in terms of its emissions, small on a global scale, that California has a responsibility to step forward in this space with respect to climate change. Do do you assume that?
- Thomas Umberg
Legislator
Alright. You had said that there are more effective ways than dealing with it through the the bill that has been proposed by Senator Wiener. And what what did what are you thinking? What what's your thinking on that?
- Lisa Demidovich
Person
Sure. What I mean by that is by proposing a bill that has multiple legal obstacles to it that will never actually generate the promises of it, it's not it's not doing any good.
- Lisa Demidovich
Person
And if you're then having the state defend the bill for years. If it's let's say the Supreme Court comes out and says it's a preempted law and then it's gonna be challenged as preempted and if you keep pushing and defending this bill, it's gonna use all kinds of resources of the attorney general's office that could be devoted to focusing.
- Thomas Umberg
Legislator
What's the alternate assuming all those things I mentioned, what's the alternative?
- Lisa Demidovich
Person
So one of the our one of our oppositions to the bill is the fact that it's strict liability. It's not tied to actual misconduct. So, you know, when you talk about tobacco reform or, pharmaceutical, you had to prove misconduct. This bill doesn't do that. This bill is just strict liability that you existed in this space. You are strictly liable
- Thomas Umberg
Legislator
That’s a different issue. What what should we do if we wanted to be proactive? We wanna act affirmatively in this space. I get what we shouldn't do. What what should we do?
- Lisa Demidovich
Person
You should have bills that focus on misconduct. Bills that are measured towards bad actors and are legally sound so that they can stay and be enforced.
- Thomas Umberg
Legislator
And in terms of the fossil fuel industry, what would you suggest?
- Lisa Demidovich
Person
I would suggest bills that do that, that look at misconduct and go after that. And you know, there's all kinds of players that have been talked about here that could be looked at and challenged.
- Thomas Umberg
Legislator
Let me turn now to the professor. And again, I apologize. I don't have professor's name from from Berkeley, the one of the proponents. Senator Wiener. Thank you.
- Thomas Umberg
Legislator
So there there's been some issues raised with respect to strict liability, to retroactivity, to incentivizing the fossil fuel industry to change their methodology, if it's possible. So in terms of the current state of law, we we've heard I mean, there's some differences between the tobacco industry and and the oil industry. We cannot shut down and we could not shut down the oil industry. We live in vehicles that are powered by gasoline, and we will continue to do so for some period of time.
- Thomas Umberg
Legislator
It's not illegal. Unlike tobacco, which was was harmful, it could right now, using the same structure methodology as was used in the tobacco litigation, could we do that today in California with respect to the fossil fuel industry?
- Louise Bedsworth
Person
I don't know if I'm the right person to speak to that. I think the the science has been able to demonstrate. We obviously have all I think everyone has agreed climate change is real. Primary contributor is the is our greenhouse gases resulting from the combustion of fossil fuels. Increasingly, we are able to attribute the damages from a specific event to both climate change and how much worse it is because of that.
- Louise Bedsworth
Person
And increasingly, the science has gotten to a point where we're able to then tie it back to sources of emissions as well, which have been able to show the footprint of fossil fuel industry on these on these damages and impacts that are occurring. And then, you know, and so I think that's I think that is where we are right now on that on that science of attribution.
- Thomas Umberg
Legislator
So I actually wasn't talking about attribution. I was talking about the theory of liability. But
- Thomas Umberg
Legislator
But let let's turn to the theory of liability. Are there other any other theories of liability with respect to any other industry, including the tobacco industry, that rely on strict liability?
- Gordon Levitt
Person
Yeah. Thank you chair. So the most prominent one that I would point out is, CERCLA, the comprehensive environmental response and cleanup liability act federally, but then there are state analogs to that as well. And functionally, this bill is a cost recovery piece of legislation. So you have to have an event that has the unambiguous fingerprints of climate change on it shown scientifically.
- Gordon Levitt
Person
So that's the extreme events that cause massive damages to California communities. It's not every little stream extreme weather event. The bill isn't structured that way. So the first gate that the attorney general would have to go through is showing that climate change has its fingerprints all over this event and there would be expert witnesses, testimony, all the due process, and then the court would decide how to divide up the liability. The strict lia- or yeah. Go ahead.
- Thomas Umberg
Legislator
I mean, just to to use Senator Reyes' question and point, there there in the theory of strict liability, basically, you assume causation. Right?
- Gordon Levitt
Person
You assume harm that you don't have to show with individual actors. You still have to show general causation, which is what that event based determination is and the market share component of the liability. And functionally, with difficult products or difficult legal problems where you have industries that are complex. The causes of their products have intermingled harms. So think asbestos.
- Gordon Levitt
Person
Think, DES, which, you know, was a drug given to pregnant mothers that cause birth defects in children. The courts have come up with theories of liability to address those diffuse harms. Because recovery for Californians is so important, the strict liability standard serves that purpose of recovering a fair share of costs quickly for residents. And this is AG stepping in here using the police power of the state, Parents Patriai, on behalf of all Californians statewide impact
- Thomas Umberg
Legislator
because What what would an industry do in in terms of going back to, in this case, 2016? And there's no change of behavior that will modify whatever happened in 2016. That's why I was asking the question before about if we are about incentivizing behaviors that actually work to clean up the environment versus simply, in this case, assessing costs or punishing folks. And I assume, you know, I assume that the old companies made billions of dollars.
- Thomas Umberg
Legislator
I assume that and I assume that climate change is real. And I assume that contributes to our challenges in California. But what does industry do to change what happened in 2018?
- Gordon Levitt
Person
So I think there's a role for both. Right? And not all bills serve all purposes. So I mean, the state of California has a cap and invest program, that does carbon pricing and adjust with market factors, action on that today. That is to incentivize companies to act differently within a policy realm.
- Gordon Levitt
Person
There is also the very real need for the survivors you heard from here today and the many others who couldn't be here to recover when the Federal Government is shrinking away from disaster aid and weaponizing that, politicizing it. The insurance crisis is upon us. That's not going away. We're all bearing the shared cost of climate change.
- Gordon Levitt
Person
And the massive report from the California Earthquake Authority last week basically summed up a 137 pages. There's not enough resources to cover this issue. There's a little bit of a doom loop happening. So, this is a party that hasn't worn its fair share. And its cross recovery.
- Thomas Umberg
Legislator
We've heard from many stakeholders today and, you know, in meetings in connection with this. But we have not heard from the insurance industry. At least I haven't heard from the industry. What it would seem that they would be a stakeholder that should have a point of view here. Why do you have any sense as to why they don't have a point of view?
- Gordon Levitt
Person
I won't presume to speak for the insurance industry. What I will say is that insurance is the connective tissue of the modern economy. It's interlaced through everything we do. And so, they have interests on both sides of this. Obviously, they want to run profitable businesses in terms of ensuring property, and being able to run a model that works for people.
- Gordon Levitt
Person
And this isn't working right now because they can't accurately forecast the risk. And if they charge too much, people will stop paying.
- Gordon Levitt
Person
20% of Californians are opting to not buy insurance at all, even the Fair Plan policy. You can envision a scenario when the next LA wildfire event hits where those are devastating costs that the state picks up, that all taxpayers pick up. So, on the other side, they also insure the fossil fuel industry. They make profits off of investments.
- Thomas Umberg
Legislator
So, thank you. And sort of on my own time, is that I share some of those concerns. I share some of the concerns, and I realize it's a different bill, and it's a different structure, and it's a different model to incentivize fossil fuel industry to change their behavior. I don't know.
- Thomas Umberg
Legislator
And it's not necessarily the purpose of this bill. The purpose of this bill is to basically, I think, compensate the fair plan for expenses that are incurred in California as a consequence of climate change. Sadly, I'm not gonna be able, on this current form, to be able to support the measure today. I join with my colleagues in thinking there is a there is a path forward. But and I deeply admire the the work and the passion of Senator Wiener. We've had a lot of quality time together in the tenacity. So with that oh, Senator Allen. Okay.
- Benjamin Allen
Legislator
Yeah. I just wanna ask the witness a little bit. You know, a lot of comments have been made about affordability. But just if you could kind of, you know, build a little bit upon your previous comments about how much the insurance system is currently being broken by, the climate risk that we have and the extent to which we're all being asked to chip in ever increasing amounts to not only the fair plan, but also higher insurance rates. We're seeing people getting dropped.
- Benjamin Allen
Legislator
There's been a real impact here that is harming regular Californians in ways that I don't think is was adequately addressed by some of the arguments that were made earlier.
- Gordon Levitt
Person
Yeah. So just real quickly and then I'll turn it to doctor Besworth. So the California Earthquake Authority and the massive report last week, said that if another LA wildfire event happened and everyone in the state was assessed the cost like happened last year to all insurance policy holders, you're looking at a $300 to $600 bill from one event of the same severity. But then functionally, people are paying higher utility prices, dollars 20 to $30 a month at least, some more for others.
- Gordon Levitt
Person
That's regressive, falls on working people harder. Lando or excuse me, landlords pass it on through rent because they have to ensure their investments so that they can run a business as well, and then homeownership is put out of reach because that's a part of your initial bill when you consider whether you can afford a mortgage. And with that, I'll hand it over to Dr. Bedsworth.
- Louise Bedsworth
Person
I think this is an area we've done a fair amount of work in, which is just to understand how is climate change affecting the day to day costs of Californians. And it is a contributor to our affordability crisis, and it's exacerbating key parts of our affordability crisis. And I didn't get to this point, so I'll quickly try to run through a few elements. But it's important to understand that climate drives up costs in several ways.
- Louise Bedsworth
Person
There's the direct cost, the damage to infrastructure, but there's a lot of indirect costs, which are disruptions in supply chains and other things, risk mitigation costs, and then costs that we're not capturing in the market.
- Louise Bedsworth
Person
So last year, we did, tried to collect, a review of all of the available studies to help us understand how do we take these giant aggregate numbers. So when we have a disaster that comes in at billions and hundreds of billions of dollars, that's a huge number, and it's hard to wrap your head around. So what does that look like for a household or a business? And there's a, you know, some literature available on that. And so I think some important points that came out of that were, climate is increasing the cost of living and inflation globally.
- Louise Bedsworth
Person
There are studies that show it's contributed between .32 and 1.18 points to headline inflation numbers, and those that share grows for food prices, that's globally. Some of the most significant losses are due to reduced worker hours during climate induced events such as wildfire, where we've seen from 2017 to 2021, wildfire resulted in about $60,000,000,000 of lost income in California. And just during the LA wildfires, there was almost $300,000,000 of lost wages, due to that fire. Climate change and climate costs are affecting utility bills.
- Louise Bedsworth
Person
So the cost that is being passed on to in utility bills, between 7 and almost 13% of the average customers bills in the investor owned utility regions is due to wildfire costs. So that is doing the mitigation costs and hardening and addressing damages. I also, there's also a real impact on housing costs, and this touches both on renters and homeowners. So, following disasters, average rents increase 4% over 4% in the year following a disaster, and it goes up from there, in the following years.
- Louise Bedsworth
Person
And those remain in place for at least four to five years after a disaster. So it's not a one time hit. It continues. There are steep increases in insurance costs that have influenced homeownership. So looking back into the early mostly the early 2000s, early 2010s, insurance was about seven to 8% of your monthly cost. It is now over 20% of your monthly household sort of cost with mortgage and insurance.
- Louise Bedsworth
Person
So these costs are real, and I think this is an area where we're continuing to work, which is to really drill down to understand how is this showing up day to day for Californians. And I think, you know, this is just a sampling of some of the information that is out there. And then I think when we look at preparing for and trying to mitigate those costs, and this is what was just mentioned, is that is a really staggering cost.
- Louise Bedsworth
Person
And we don't currently have a plan for how to pay for it, and it far exceeds what the public, the government can take on. And so this is why sort of thinking about a broader toolbox of tools to help pay for reducing these risks, protecting Californians, which will also generate jobs and there's great studies that have been looking at this as well, and local economic activity is so critically important. So thank you for the opportunity to speak on that.
- Benjamin Allen
Legislator
And that's I think what one of the things that's exciting is just getting investments in some of this risk reduction work that we know is so important for the long term stability of our market. The other thing I'd say is that, you know, when the chair asked about the insurance industry, I think part of what is at play here is that the insurance industry is able to incorporate its contributions to the fair plan that continue to rise into the rate case process.
- Benjamin Allen
Legislator
And that's that's considered a legitimate, you know, line item as the insurance commissioner is approving rate increases. They're able to have, you know, consumers, you know, help to subsidize in a significant way these increasing contributions that they have to make to the fair plan, both indirect and direct.
- Benjamin Allen
Legislator
I mean, you'll notice on your on your home insurance, I just saw there's a there's a direct line item that goes to the fair to help the fair plan, and we know that our increased rates are also going to help the fair plan. So, there's a there's a series of direct costs. The other thing I will say is, you know, obviously, the Senator brought this bill, I think, for something similar last year.
- Benjamin Allen
Legislator
It was a very private right of action, which, you know, in this case, you know, we're only, giving the power to the elected, you know, to our chief law enforcement officer the, you know, the attorney general, who, you know, has who's gonna weigh all the factors including the impacts of all the folks that we got to hear from and make a decision as to whether this is, you know, in the best interest of the people, as opposed to it being the kind of free for all that, the private action might have created.
- Benjamin Allen
Legislator
So it's a much more narrowly tailored bill. And so I'm certainly comfortable supporting it at this stage.
- Thomas Umberg
Legislator
Alright. So there's been a motion by Senator Reyes. Senator Reyes. Move the bill. Would you like to close?
- Scott Wiener
Legislator
Yes. Thank you so much, mister chair. And I wanna thank everyone for the thoughtful discussion. And, you know, I've had a lot of great conversations last year and this year, and I have a lot of respect for my colleagues, including those who where we have a respectful disagreement on this bill, and I appreciate the thoughtful discussion today. I do just wanna make a few points.
- Scott Wiener
Legislator
First of all, every time any bill that touches the oil industry in any conceivable way comes before this legislature, we get the same henny penny of the sky is falling, gas prices are gonna be $10,000 a gallon or whatever it is they're saying on that particular day. And no one's gonna be able to afford everything that's driving the affordability crisis and everything's gonna close down.
- Scott Wiener
Legislator
And at the same time, these same corporations are some of the I don't wanna say the largest corporations in the history of planet Earth, the tech companies, the big tech companies hold that, but they're like one notch below that. These are corporations that have made just ungodly levels of profit, and they have done so selling a product that is burning and flooding planet Earth.
- Scott Wiener
Legislator
And that is burning down the homes of California residents and flooding and destroying the homes of California residents and causing people to be unable to afford to have housing, including renters insurance, not just homeowners insurance.
- Scott Wiener
Legislator
And that as you just heard is causing all sorts of cost escalations in people's lives. And when we talk about culpability, because there was talk well, we should only hold the bad actors accountable. These oil corporations knew that this was going to happen. They knew it because they had scientists internal in their corporations doing the studies and telling them with those studies that this was going to happen. And what did they do?
- Scott Wiener
Legislator
This is decades ago. What did they do? They suppressed those studies, and they spent so much money lobbying Congress, lobbying all 50 state legislatures, including this one, for decades to obstruct the transition to clean energy. We could have been so much more transitioned to clean energy than we are today had we not had this industry continually sabotaging that transition at a political level.
- Scott Wiener
Legislator
And we only have to look at what's happening in Washington DC right now where the oil industry funded helped fund the presidential campaign and now is getting paid back exponentially with the destruction of the inflation reduction act and other clean energy investments.
- Scott Wiener
Legislator
That's what this industry has wrought on California and on this country. And so are we dealing with bad actors here? Hell, yeah. We're dealing with bad actors. And they should be accountable and it shouldn't just be on taxpayers and policyholders and people whose house homes burned down.
- Scott Wiener
Legislator
It shouldn't just be on us to compensate for this and to pay it. The oil industry should have skin in the game as well. It shouldn't just be about them profiting and then walking away. That's what this bill is about and I respectfully ask for your aye vote.
- Thomas Umberg
Legislator
Alright. Thank you. Committee Assistant Porter, please call the roll.
- Committee Secretary
Person
This is file item number 19, SB 982. The motion is do passed to the Senate Insurance Committee. Umberg?
- Thomas Umberg
Legislator
6,1. Put that on call. Senator Weiner, which bill would you like to come next?
- Scott Wiener
Legislator
...Very much. Mr. Chair, colleagues, I'm here to present Senate Bill 1074. This bill prevents the largest digital platforms in the world, specifically any digital platform with a market capitalization greater than $1 trillion and serving more than 100 million monthly users in the US from favoring their own products and services on platforms they operate and crushing competition.
- Scott Wiener
Legislator
The bill's enforcement is modeled on the Cartwright Act, which is California's landmark competition law from more than a century ago. Right now, the largest online platforms in the world are rigging the Internet to undermine and box out their competitors. Each of us experiences the impacts of this anti-competitive behavior every day. Apple blocks competing app stores on the iPhone, forcing app developers to pay exorbitant fees to operate through their store, raising prices for all of us.
- Scott Wiener
Legislator
Google prioritizes its own companies and products and search results and across its platform.
- Scott Wiener
Legislator
Amazon makes it impossible for small businesses to offer discounts on their own websites and then steals products to sell on Amazon at a discount under the Amazon Basics label. The harms that these anti-competitive practices cause consumers are extremely wide ranging. They raise prices for consumers, degrade the experience for users, fuel misinformation, and stifle innovation. They also cut startups and mid-sized companies out of the marketplace completely unless they play by the rules set by their competitors.
- Scott Wiener
Legislator
But at the end of the day, all of these behaviors come down to one thing, massive dominant corporations favoring their own products and services over their competitors, also known as self-preferencing.
- Scott Wiener
Legislator
The technology industry has provided incredible benefits to California. It has delivered world-changing products and bolstered our economy to be the fourth largest globally, and yet, the benefits are seen by too few. Self-preferencing has allowed for a consolidation of power and wealth within tech to a few large companies at the expense of a massive number of small to mid-sized tech companies. Barring this conduct will create space for new innovations, companies, and practices to take shape.
- Scott Wiener
Legislator
We are on the threshold of a new digital landscape, but if the same mega players are able to continue to keep the field, the public will not enjoy—be able to enjoy the benefits of these amazing technologies.
- Scott Wiener
Legislator
It will become more and more sclerotic and ossified, and that is not good for any of us. Self-preferencing completely distorts our experience on the Internet and it blocks the public from accessing products and services that might be better or more innovative. And so, this is about competition, and various courts have ruled at different times that some of these practices are illegal, but it's time for California to be crystal clear.
- Scott Wiener
Legislator
With me today to testify in support is Terry Oley, the Vice President of Economic Security California Action, and James Daire, the Director of Legal at Yelp.
- Terry Oley
Person
Good evening, Chair Umberg. I'm Terry Oley, Vice President, Economic Security, California Action. We're a proud cosponsor of SB 1074, and I wanna thank the Senator for his commitment to competition and consumer choice. A central tenet of free market economy is competition, where rivals vie for our business. On a fair playing field, merit matters.
- Danielle Sanchez
Person
If a product or service is better, it should win. But in today's tech sector, it's anything but that. Instead, we have a handful of giants that own the field, acting as gatekeepers, stifling innovation, and reducing choice and increasing costs for everyone. SB 1074 corrects this imbalance, allowing for the robust and flourishing tech economy that California is famous for. And this isn't just an academic critique.
- Danielle Sanchez
Person
Here's a real life example that I think you'll appreciate about a product called Baloo. As someone who drives back and forth to Sacramento all the time, as many of you do, I'd love to be able to do more with my phone. Catch up on Slack, pay a bill, order something, tick a task off my to do list. Anything my thumbs can do but with my voice instead because that would be way safer.
- Danielle Sanchez
Person
A team of engineers actually built that product, but Apple doesn't allow Baloo to connect to its operating system, so, it had to develop a little hardware workaround, a plastic dongle that you have to plug into your charging port instead of just having an interface naturally with the iOS. But because Apple doesn't want Baloo to compete against Siri, that's not possible. That is the kind of self-preference and gatekeeping that harms innovators and consumers and that this bill addresses.
- Danielle Sanchez
Person
Self preferencing costs consumers money as well, whether that's an upcharge on the App Store or a search that recommends a pricier airline flight because of some opaque deal that's happening behind the scenes. These things add up to more than just inconvenience.
- Danielle Sanchez
Person
Right now, with AI vibe coding, we could be seeing a bumper crop of new ideas. But with gatekeepers firmly in place, the next great idea will get buried in the search results or cloned or cut off from data that the platform then uses against them. What needs to be done to fix this is frankly not that complicated. Owning the playing field shouldn't mean you get to throw the game. And I wonder why is big tech afraid to compete on the merits.
- Danielle Sanchez
Person
We owe it to the next generation of builders and everyone who will benefit from their creativity to ensure that California doesn't become an innovation graveyard. Thank you.
- James Daire
Person
Good evening, Chair Umberg, and thank you everyone for sticking with us. Yelp proudly supports SB 1074. It's an opportunity for California to lead and reclaim the Internet's promise to enable innovation. Yelp is headquartered in California and employs over 1,100 California residents.
- Thomas Umberg
Legislator
Could—go ahead and give us your name. I know this got introduced.
- James Daire
Person
Over our twenty two year history, we've seen marketplaces that used to be open for competition come under the control of a handful of mega corporations, degrading the experience for consumers and destroying rivals' ability to compete. Take Google, for example, an adjudicated monopolist in general search.
- James Daire
Person
Google used to serve as a turnstile, directing users out to the best content on the web. Over time, Google decided to capture that traffic for itself. After a failed attempt to purchase Yelp, Google scraped our content to seed its own local search service, unfairly watered by its existing dominance in general search. Now, when you search coffee in Sacramento, Google's own results appear at the top, even when they are low quality response to your query.
- James Daire
Person
Results from rivals like Yelp, even though deemed high quality by Google's own algorithm, are buried below or on other pages where consumers are less likely to find them.
- James Daire
Person
And Google doesn't even subject its own content to the very same algorithm it applies to everyone else. Unsurprisingly, an FTC economist found that Google's reviews are of lesser quality across several dimensions, again hurting consumers. And this is particularly concerning given the rise of AI. Google is using its search dominance to steer users into its own LLMs instead of rivals and to its own lower quality content, directly harming other California-based firms like OpenAI and Nthropic and consumers.
- James Daire
Person
We've already seen the benefits of government fostered competition elsewhere.
- James Daire
Person
In Europe, the DMA forced Google to remove barriers to switching browsers, and Reuters reported that the EU's new tech laws are working. Small browsers are gaining market share. Additionally, a study from a group of 42 independent consumer organizations in Europe.
- Thomas Umberg
Legislator
Alright. Let's do the me too's. If you're in support of SB 1074, please come forward and provide us your name, affiliation, and position.
- Kim Stone
Person
Thank you, chair and members. Kim Stone, Stone Advocacy, on behalf of Consumer Watchdog, in support.
- Connor Gussman
Person
Good afternoon, chair and members. Connor Gussman on behalf of Teamsters California in support. And I've also been asked to me too in support, on behalf of the California Labor Federation. Thank you.
- Loyal Terry
Person
Loyal Terry, proud co sponsor with Economic Security California Action and in support with the following organizations: American Economic Liberties Project, California Low Income Consumer Coalition, Tech Equity Action, Tech Oversight California, and UDW AFSCME Local 3930. Thank you.
- Olivia Murat
Person
Good afternoon, Mr. Chair and members of the committee. Olivia Murat with Y Combinator in support of the measure. I've also been asked to note for the committee the support of a broad coalition of nearly 300 small and medium tech committees noted in the analysis, including Yelp and Proton. Thank you.
- George Kalogeropoulos
Person
Hi, folks. I'm George Kalogeropoulos, Founder and CEO of HealthSherpa. We're one of the 300 small tech companies. Just wanna say we are strongly in support of this measure. Thank you.
- Rusty Knudson
Person
Good evening, Mr. Chair. Rusty Knudson, on behalf of DuckDuckGo in support of the measure. Thanks.
- Thomas Umberg
Legislator
Thank you. Alright. Anyone else? If you're in support of SB 1074, now is the time. Seeing no one else approach the microphone, let's turn to the opposition.
- Eric Ensign
Person
Good evening. My name is Eric Ensign. I'm an antitrust attorney with the law firm of Kroll and Moring, and I'm here today on behalf of the California Chamber of Commerce and really a broad coalition of businesses in strong opposition to SB 1074. SB 1074 is California's more expansive version of the federal ICOA Bill that failed in Congress in 2022.
- Eric Ensign
Person
It was California's own congressional leaders, such as Senator Padilla and Representative Lofgren, who led the opposition, citing the bill as a serious threat to California's economy and leadership. At its core, SB 1074 makes a fundamental mistake. It equates harm to individual competitors with harm to consumers and competition. That gets antitrust backwards completely. Antitrust law is designed to protect competition and consumers, not individual competitors.
- Eric Ensign
Person
That error is hardwired into the bill's "guilty until proven innocent" standard. SB 1074 presumes that self-preferencing and other designs are unlawful unless a platform proves otherwise. Facing that kind of standard, we should expect that platforms will stop integrating features not because those things harm consumers, but because defending them is simply too costly. And that hurts the small businesses this bill claims to help.
- Eric Ensign
Person
As you will hear in a minute, small businesses that sell online depend on the integrated platform tools like advertising, fulfillment options, and payment processing.
- Eric Ensign
Person
SB 1074 also threatens the innovative services that consumers have come to value, things like free shipping, maps with direct links to businesses, product recommendations, and popular default apps could all be prohibited under this bill. And then, there is the litigation problem. Unlike ICOA, which could only be enforced by government prosecutors, SB 1074 permits private lawsuits by anyone, including class actions with severe consequences like trouble damages. We urge you to vote no on SB 1074.
- Carrie Mellon
Person
Hello. My name is Carrie Mellon, and I'm the Designer/Founder of EasyHold in Calabasas, California, Los Angeles County. I designed, due to my own need, the first universal cuff for infants to seniors with disabilities to achieve independence with eating, work, and play, a really simple tool. We are a small niche product but a critical health care innovation. Now, just ten years since inception, we are supplied to over 20,000 hospitals, schools, and care facilities globally to over 35 countries.
- Carrie Mellon
Person
Our growth has been made possible by the tools and services created by America's tech companies. They free up our man hours and provide safe and reliable deliveries. I am concerned. This bill will make the digital tools I use more expensive and harder to use. I do understand the desire to create more competition, but will this bill make it impossible for my small business to have the same reach if these tools are taken away from us?
- Carrie Mellon
Person
We are a purposefully driven brand. We sell to special education teachers, therapists, and those with disabilities affordably. As a purposely driven brand owner and Amazon seller, I use Amazon's integrated services for warehousing, packing, labeling, payment, shipping, delivering, and providing analytics I need, as well as protecting our intellectual property. This is not something my small crew of six could do on their own. It would take an extra 50 employees and a huge warehouse.
- Carrie Mellon
Person
We've worked hard to qualify to sell products under the Prime badge, and this badge allows my small business, micro business, to compete with the Johnsons and Johnsons of the world side by side. Yes, we can compete with the largest health care companies because Amazon's integrated services are leveling the playing field. And although Amazon accounts for two thirds of my sales, I currently also sell on 35 different platforms. I'm a testament to the fact that there is robust market for sales of goods and services.
- Thomas Umberg
Legislator
Alright. Now, let's take those who are opposed to SB 1074, please come forward.
- Jacob Brent
Person
Good evening. Jacob Brent with the California Retailers Association in respectful opposition.
- Mike Belote
Person
Mister chair and members, Mike Belote on behalf of Delta Airlines, Apple, and the Family Business Association. All opposed. Thank you.
- Robert Singleton
Person
Robert Singleton with Chamber of Progress, respectfully opposed.
- Naomi Padron
Person
Good evening, chair and members. Naomi Padron on behalf of the Computer and Communications Industry Association, respectfully in opposition. Thank you.
- Annalee Akin
Person
Good evening. Annalie Augustine on behalf of the Civil Justice Association of California. Respectfully opposed. Thank you.
- Peter Munoz
Person
Peter LaRome, Munoz, with the Bay Area Council, respectfully opposed.
- Ashanti Smith
Person
Ashanti Smith with the Silicon Valley Leadership Group, respectfully opposed.
- Thomas Umberg
Legislator
Alright. Anyone else who's opposed to SB 1074? If you're in the hallway or wherever, now is the time to come forward. Seeing no one else coming forward, we'll bring it back to committee.
- Thomas Umberg
Legislator
Okay. Senator McNerney, Senator Reyes, Senator. Okay. First, Senator McNerney, then Senator Reyes, then Senator Allen.
- Jerry McNerney
Legislator
Well, I was standing up because certain things are getting sore sitting down all day here.
- Thomas Umberg
Legislator
I'm nice. Senator McNerney, we welcome you in the judiciary committee.
- Jerry McNerney
Legislator
Thank you. So, Senator, thank you for thank you for this and I think there's a real core of of necessity here. But you mentioned that the company has to have a $1,000,000,000,000 market valuation and 100,000,000 users or is it or 100,000,000,000,000 or 100,000,000?
- Scott Wiener
Legislator
It's both. At least a trillion dollar market cap and at least a 100,000,000 monthly users in The US. So a company like Nvidia would not qualify because it doesn't have a 100,000,000 users. That's correct. So what how
- Jerry McNerney
Legislator
many about how many companies qualify for those those two things?
- Jerry McNerney
Legislator
One of the things I've heard is that this the the fear is the private right of action. Could you respond to that?
- Scott Wiener
Legislator
Sure. So the bill relies on the existing Cartwright Act enforcement mechanism. That's our general pro competition law that was passed in nineteen o seven, I believe. And so we rely on the Cartwright Act, which is how historically anti competitive practices have been enforced against in California.
- Jerry McNerney
Legislator
Well, one of the claims also is that this bill would be targeted specific companies and that would harm them and that they would likely suffer terrific losses, etcetera, etcetera. Could you respond to that?
- Scott Wiener
Legislator
Yeah. I don't think that's true. These are truly massive corporations that are doing, I think, better. Twenty years ago, if anyone had ever said, this is how much these companies would be bringing in, I think most people might have laughed at that. And here we are.
- Scott Wiener
Legislator
And so this is not undermining their ability to be successful profitable corporations. We want them to succeed, all of them. It will prevent them from doing so by creating essentially a monopolistic walled garden where they crush competition. And just to be clear, for example, in Amazon, Amazon provides there are plenty of positive things that Amazon does. And we heard from someone who sells a lot of products on Amazon.
- Scott Wiener
Legislator
That's that won't that won't change. But when we have so many people who have to sell on Amazon because you if you're not selling on Amazon, that that's a problem for many small business owners, and we heard two thirds of products on Amazon. And what that means is you are then you forced to do whatever Amazon asks of you. And we know that Amazon for many products takes a massive cut, and there are other anti competitive practices.
- Jerry McNerney
Legislator
Well, I think the author I know you're willing to work with Yeah. Opposition to refine the bill. I know no bill is perfect really even throughout the process, but you seem to be willing. So I'll take your word on that.
- Eloise Gómez Reyes
Legislator
Thank you, mister chair. As a member of the California Law Revision Commission, I do wanna recognize that antitrust activity has been looked at by the commission and that the issue you are elevating is something worthy of discussion. However, I also want to acknowledge that the commission specifically recommended and I quote, any new law should not single out individual sectors but apply to all. End quote.
- Eloise Gómez Reyes
Legislator
Moving forward, I'm I'm going to ask and I will assume that you will work with assembly member Aguiar Curry on her AB 325 and also consult with the California Law Revision Commission as you move forward.
- Scott Wiener
Legislator
Yes. Thank you for that question, Senator. The answer is, of course, and these two laws, Senator or Assemblyman Maragua Curry's bill and this bill are very complimentary to each other, and her bill is a much broader restructuring of antitrust law in California. This is addressing a very specific and very real harm. They're complementary and you have my commitment, we will do that.
- Benjamin Allen
Legislator
Alright. This bill has a lot of challenges. I I know our our our author here likes to come and swing for the fences and we get to to enjoy the fruits of that here in judiciary committee as the committee of first review. And I do try to be a little more, you know, understanding because of the fact that this is the committee of first review.
- Benjamin Allen
Legislator
But I I will say that there's a whole slew of issues that really seem to need to be addressed and I wanna get a better understanding from you. And let let me also you know, it was fun reading the analysis.
- Benjamin Allen
Legislator
I was reading the Brandeis quote about bigness. I mean, so it was a it was a, you know, really interesting history beyond that brings us to this moment where you bring this bill forward. But I think there's a lot of concerns about what this might do to impact a whole slew of of customer experiences that we've all become pretty dependent upon. You know, we have folks here from the airline industry who are concerned about what the impact this might have on Google flights.
- Benjamin Allen
Legislator
I use Google Maps extensively, you know. So so we we really have to make sure that whatever we do here isn't going to harm customer experiences and ease with apps. And there's a lot of deep concern about what this might do in that space. There's, of course, a a broad set of concerns about what this might provide with regards to the opportunities for frills litigation.
- Benjamin Allen
Legislator
You know, and I I think as we've had conversations including, you know, going through the committee work that there's, you know, concern about this being about about us getting in, you know, being too permissive with regards to the initial pleading, which could least lead to costly litigation with little basis, little value extracted.
- Benjamin Allen
Legislator
And there's no kind of a showing of competitive harm that you know, we brought that up in conversations with you. You know, so I I certainly would wanna see you tighten up to reduce that risk because we don't wanna see this turn into, you know, a a just a, you know, rabbit hole of of litigation that gets no benefit to the public. And then there's also concerns about whether the bill we we have to make sure the bill doesn't harm a platform's ability to enforce existing privacy and security laws.
- Benjamin Allen
Legislator
I can't imagine you have a problem with that, but that is an existing that's a that's a continually concern with this. So I I love your thoughts on this.
- Benjamin Allen
Legislator
I mean, I you know, I I if I do vote for this today, I I'm gonna vote no on the floor and give a speech about it if you don't get these issues addressed and actively work to kill the bill.
- Benjamin Allen
Legislator
But I I do wanna get an opportunity to understand where you're thinking about these areas because you really are we're we're stepping into a major shift in, you know, a a set of tools that so many of us use and I understand your core goals to promote a more competitive marketplace and that's why I'm inclined to to be to to give you this opportunity to work on these issues.
- Scott Wiener
Legislator
Yep. I appreciate that, Senator. So we, of course and I have, you know, we we work with a wide array of stakeholders. As you know, I have an open door and we do try to work collaboratively. In terms of between now and the floor, I can't guarantee that the industry will even wanna have that conversation.
- Benjamin Allen
Legislator
It's not about even a conversation. Yeah. I mean, it's more about you
- Scott Wiener
Legislator
Yeah. Making it better. Yeah. I mean, we we I mean, I think it's we we are we wanna make the bill as good as it can be. And so we will and we'll we'd like to sit down in further detail with you as well.
- Scott Wiener
Legislator
I do wanna just say in terms of some of the concerns that you raised, we've seen where rules like these do go into effect that their apps that consumers have access to that they previously did not. And so it expands consumer choice. We know that when you have a competing app store instead of being limited only to the, say, the iPhone app store, that prices can go down because right now, Apple takes almost a 30% cut of everything from the app store.
- Scott Wiener
Legislator
So it can reduce it can increase choice for consumers and reduce cost. People will still be able to use Google Maps and Google Flights, but they will also have easier access to other services as well.
- Scott Wiener
Legislator
But anyway, I I appreciate all of that and we take that to heart and we're gonna do the very best we can to make this bill as good as it
- Benjamin Allen
Legislator
can be. Can can you give us some thoughts your thoughts about the European experience? Because one of the arguments we've been hearing is, well, let's let that play out a little longer. Yeah. And also how what is your take on how things have been going there?
- Scott Wiener
Legislator
Sure. A couple of things. First of all, in my I am in my tenth year in this legislature, You you have me by a couple years. And in California, we we tend to actually often be the first and including on technology regulation. So we're not we're not the first.
- Scott Wiener
Legislator
Europe's rules have been in effect for for over two years now. Japan also adopted theirs. I believe their rules went into effect last year. And I will say that we passed our data privacy law in 2018 and we were passing at the same time that the EU data privacy rules went into effect. So we typically, in California as you know, we we try to lead on these issues.
- Scott Wiener
Legislator
In terms of the DMA, there have been a lot of benefits. As I mentioned, there are apps that there are apps of American companies that we cannot access on the Iphone in The US, but Europeans can access there. American companies that are literally blocked from being on the Iphone here and and are available. And they're blocked there. Preferential.
- Scott Wiener
Legislator
Yeah. Yeah. They have, again, these these alternative app stores which lowers costs and increases people's access. And so there are some real benefits that people have have have have seen from from being able to do this. And so I think the DMA, nothing is perfect.
- Scott Wiener
Legislator
There's always gonna be a process to make sure we're getting everything right. But the DMA, I think, headed in the right direction. I know there's a lot of rhetoric about Europe's economy, which has been a fifty year issue in Europe, not because of a technology regulation. But the DMA, I think, is a really solid law and has had a lot of benefits for consumers and for businesses.
- Thomas Umberg
Legislator
that Okay. Senator Senator Allen, would you like him to respond?
- Thomas Umberg
Legislator
So right. So alright. So, Senator Allen, would you like to hear from Well, if if you
- Benjamin Allen
Legislator
can make it very brief, you're not supposed to have done that, but but I'd love to give you a minute. Yeah. Okay.
- Unidentified Speaker
Person
On the DMA, just quickly on the DMA, I'm sure the Senator is correct. There are some benefits that have been seen in Europe, with the response to the the DMA. There are scores of economic studies that say that that law has been a disaster for the tech industry and innovation in Europe.
- Unidentified Speaker
Person
It is really it is also, there are tons of studies about consumers not having access to the same products and services we have Harabedian that they're actually willing to pay for the services that we get here for free. So the DMA, I think, is an experience that we should learn from, and it's not a positive one.
- Thomas Umberg
Legislator
Tell you what, here's what I'm gonna do. Here's the question I was gonna ask. We might as well ask it right now. The question I was gonna ask is that in Europe, the DMA has been in effect for some time. Japan has just very recently introduced it.
- Thomas Umberg
Legislator
I've heard disparate points of view on the consumer experience on the DMA. And so I I resorted to actually using large language models to ask that prompt, you know, what's been the experience of Europeans and Japanese folks considering their models. And, you know, you all can do the same thing. You'll get interesting results, mixed results. So I'm I'm happy to, at this point, ask the witnesses on both sides to give us their point of view as to Right.
- Thomas Umberg
Legislator
You know, what the consumer experience has been in, in Europe. And I think Japan is probably too too new to really evaluate. At least that's what, the various models say. So Yeah. Oh.
- Unidentified Speaker
Person
On on Japan, I don't think there's been any real robust study on that. And on the DMA, I think I've sort of stated the the view that at least with respect to the economic studies in terms of innovation and experience and consumer preferences is that consumers are hungry for the type of, tech that we have here in The United States.
- Scott Wiener
Legislator
And it might be interesting to ask who funded those studies. Sure. Yeah. That's an it's an interesting question that we
- Unidentified Speaker
Person
Well, there's numerous economic studies and who funded which I do not know. But I know that a lot of studies have been done. I've read a lot of them. I know. And and that So
- Thomas Umberg
Legislator
I'm gonna Senator Weiner is gonna tell us here in a second and and those of and there are others that are currently using the Google machine to figure it out.
- Thomas Umberg
Legislator
Okay. So we'll go to Senator Weiner and then Senator Weiner no no. You're then then the the proponents. I'd like to hear from the proponents. Yeah.
- Unidentified Speaker
Person
time. Thank you, chair. Just very briefly, you'll note that the passive voice used there are studies. The reason is that the main study was by an organization called the CCIA, which is funded by the very companies that would be covered platforms and covered providers under
- Thomas Umberg
Legislator
this bill. Let's get to what you think the consumer experience has been in in Europe.
- Unidentified Speaker
Person
The answer is it's not a monolith and it depends on the market that you're talking about. What I will observe is that in the markets where these big players have less discretion as to how to implement their remedies, the better the consumer experience. I noted in my opening, discussion the Reuters story saying, hey, we've got browsers that are actually able to compete with the big guys in Europe, and that's a good thing. They're gaining market share.
- Unidentified Speaker
Person
In that area, companies like Google and Apple have less discretion to operate.
- Unidentified Speaker
Person
In other areas, like their implementation for search or for flights, they have more discretion. And what they've been doing is basically taking away products instead of opening up those products To competitors so there can be a fair competition on the merits.
- Unidentified Speaker
Person
Japan is too early to tell. Okay. Alright. The DMA though I think is an instructive example of the benefits that can apply to this type of law.
- Thomas Umberg
Legislator
Okay. Thank you. Senator Allen, did that answer your question?
- Benjamin Allen
Legislator
Yeah. I mean, I and I know yeah. The other thing, I guess, is that the DMA allows regulators to bring in any company that they want to and then fine them for whatever amount they deem appropriate. So so that's not in here. So there's a there's a kind of a set of penalties, I guess, that are in the DMA that you're being more careful about.
- Thomas Umberg
Legislator
So Other questions or comments? Senator Allen, did did you conclude or did you have a question or comment?
- Angelique Ashby
Legislator
So I've been really on the fence on this one, as you know. Wanted to hear everybody's comments. I won't restate everything that Senator Allen said. You're welcome, everyone in the room. But I do agree with those concerns.
- Angelique Ashby
Legislator
Probably my biggest concern is just how broad the bill is. And I know you limited it in terms of the entities that are impacted, but it still feels very broad. To me, I do have some questions about the privacy security components, but I think you can answer those. I also think you sent me an interesting video that I that was very informative that helped me see maybe a little slightly different perspective on that one.
- Angelique Ashby
Legislator
I think this is what I want to say out loud to you on the record and why I'm punching up is I am so torn between do I just is it is there an opportunity here or is there not?
- Angelique Ashby
Legislator
So I think in deference to you, I think my position is going to be to give you a shot to work on this. But I'm gonna stand very squarely with Senator Allen in that in the next set of votes. If if these concerns haven't been addressed, if it's still really broad, if it feels like chaos would ensue upon implementation, which is a little how I feel right now, then I'm not gonna support it on the floor or in any other future committee votes.
- Angelique Ashby
Legislator
That gives you a shot, though, to work on something that I think I see what you're trying to do. Let innovation drive.
- Angelique Ashby
Legislator
I get that. But I worry that all of this all at once I mean, I don't have as I have said I've heard a couple other people say and I said, I don't have people in my district complaining about Google to me. I just that's not a concern that I hear from people. And yet, I do understand trying to make sure the platforms don't control completely the market space and industry. So I'm I'm trying to find room for you to work on it, but I have deep concerns.
- Akilah Weber Pierson
Legislator
Thank you, chair. Want to, you know, like everyone else, thank the author for bringing this bill forward. This isn't an issue that, you know, my constituents are raising either. And I wonder if it's because we just don't understand what's happening. And until you brought this bill forward, I didn't know anything about self preferring contact.
- Akilah Weber Pierson
Legislator
And, you know, I have since learned a lot about it. And it does limit consumer choice without us even knowing that our choices have been limited. I do have some concerns. Many some of the other senators have raised. I also have, you know, have concerns about how low the bar appears to be for legal action.
- Akilah Weber Pierson
Legislator
And I don't want a lot of frivolous lawsuits out there clogging up our legal system. So I'm hoping that you'll be able to continue to work on this bill with those who are in support and in opposition. And for that reason, I will be supporting it to give you more time because I think it's a it it is an issue. It's a just issue to to to work on.
- Akilah Weber Pierson
Legislator
And I hope that you're able to kind of come together and and craft something that's a little tighter.
- Thomas Umberg
Legislator
I I think that concludes the questions. We've had a lot of quality time on this bill as well. And and I have the same impression as the other members of this committee. I have not heard from anyone in my district to say that they're having challenges on the net. In fact, I heard other opinions.
- Thomas Umberg
Legislator
And the one thing that I think rings true from my research and even from the testimony is that at the very least, if we implement this, there's going to be friction, at least some friction. There's gonna be some consumer irritation at the very least. Now, depends upon your point of view as to the extent of that friction or irritation. I I think we can benefit from the European experience which appears to be evolving in the Japanese experience which is clearly just evolving right now.
- Thomas Umberg
Legislator
And so, it is my point of view that that we should, in California, give those experiments more time to be refined both in Europe and in Japan.
- Thomas Umberg
Legislator
And and for those reasons, I'm not gonna be supportive today. And with that, I think there's a motion by Senator Reyes and and would you like to close?
- Scott Wiener
Legislator
Yes. Thank you. And again, colleagues, thank you for the really thoughtful conversation on this. I I do just wanna say and I think Senator Weber Weber Pearson started or said this, and I I wanna, like, agree with her and emphasize it.
- Scott Wiener
Legislator
In terms of why, like, there there are a lot of important laws we pass where members of the public may not be, like, even realize why something is the way it is, and so they're not talking to us about it, but it's still a real problem.
- Scott Wiener
Legislator
And this is one of those. And I I you know, when when someone is paying a higher price because of a 30% cut by Apple in the App Store. People may not even realize that that that maybe Spotify would be cheaper if they didn't have to or you'll be able you know, if if if they didn't have to do that Or any other number of apps on the App Store where Apple's taking a 30% cut. I'm not I'm an iPhone user. I love my iPhone.
- Scott Wiener
Legislator
I'm not I don't wanna pick on Apple. I'm proud that Apple's a Bay Area company, but that's sort of where we are. Or when people do a search and they get the Google travel Google travel and they don't realize that maybe they can get a lower price elsewhere. And it but you don't know what you don't know. And and also there are apps that you don't even have access to or may not exist because they've been crushed.
- Scott Wiener
Legislator
And again, you don't know what you don't know. So this is about this will help consumers. This will help competition and it will help security too, frankly, because different web app designers will be able to do more and there are times when Apple actually precludes apps or browsers from including all of their privacy protection. So this is a good pro competition, pro consumer bill. I know it's a big bill and we're gonna continue to work very very hard on it.
- Scott Wiener
Legislator
We wanna get it right, but I appreciate the conversation today and I respectfully ask for your aye vote.
- Committee Secretary
Person
This is file item number 20, s p ten seventy four. The motion is do passed to the Senate privacy, Digital Technologies, and consumer protection committee.
- Thomas Umberg
Legislator
Six to one. I'll put that on call. Alright. Last bill. Senator Wiener, SB 875.
- Thomas Umberg
Legislator
Right. K. Alright. We're gonna start at the top. We're gonna do it one time and one time only. Sure. We'll start with consent and then work our way through it. So committee assistant Porter.
- Thomas Umberg
Legislator
Eight to one, that bill's out. Alright. We are adjourned until next Tuesday, and we will convene at 09:30AM on the twenty first.