Assembly Standing Committee on Judiciary
- Ash Kalra
Legislator
Welcome to the Assembly Judiciary Committee. Please note that item 23 AB 2418 Gonzales will be placed on consent. In order for us to complete our agenda, allow everyone equal time, the rules witness testimony that each side will be allowed two main witnesses each.
- Ash Kalra
Legislator
Testify in support of or opposition to the bill. Additional witnesses should should come up to the microphone, the standing microphone and only state their names.
- Ash Kalra
Legislator
Organization, if any, and their position on the bill. We will proceed as a subcommittee. Assembly Member of Papan, you may begin whenever you're ready.
- Diane Papan
Legislator
Good morning, mister chair. Thank you so much. It's my pleasure to present AB 1557. This bill essentially does two things, and it relates to ebikes. It it really closes a loophole in current statute.
- Diane Papan
Legislator
And the second thing that it does is it establishes tailored speed restrictions for class one and class two ebikes. Ebikes, as we all have seen, have become increasingly popular in California over the last decade as a form of recreation and transportation for people of all ages, particularly youth. And while ebikes offer tremendous environmental benefits, they also have resulted in concerning rise of public harm. Now you may be thinking bicycle app- accidents have been happening forever, and that is absolutely right.
- Diane Papan
Legislator
But the accidents that are occurring on bicycles are really, ebikes, excuse me, have been much more severe.
- Diane Papan
Legislator
And that severity really is related certainly to speed. Let's see. And this is not just a statewide issue. It's personal to my district, which has experienced two heartbreaking losses of young people. Those families and many others are looking to us for thoughtful and responsible action.
- Diane Papan
Legislator
So when I began reviewing the the data last fall, one pattern became very clear. Ebike technology is directly contributing to the troubling statistics we're seeing today. And part of the problem lies in the current law as it's written. So what we see in the current law is it says they can't exceed 750 watts. But what's not clear is whether that meant 750 continuous watts or 750 peak watts of power.
- Diane Papan
Legislator
And there is a big difference because right now, what we're seeing is and I have an ad here. This is 750 watts, and then right below it, it says 1,300 watts of peak power, which is a far faster vehicle than 750 watts, peak power. So this bill provides some clarity to the existing law by specifically stating that 70- that- that 750 watt limit applies to the maximum output capacity or peak of an ebike motor, closing the ambiguity in the current state.
- Diane Papan
Legislator
In addition, the bill establishes a 250 watt continuous power limit, which is would be a maximum assisted speed of 16 miles per hour for class one and class two ebikes. And these standards will ensure that riders are traveling at reasonable, predictable speeds, while also, bringing California into closer alignment with the European Union, Japan, and Australia.
- Diane Papan
Legislator
So I would like to turn it over to my witness, Jonathan Feldman, from the Police Chiefs Association representing Police Chiefs Association to tell us about what's kinda happening out there in the world.
- Jonathan Feldman
Person
Yeah. Good morning, mister chair, and I'd say members, but I think just you for now. So.
- Ash Kalra
Legislator
You have another member next to you who comes from the committee. And off so you have to you have to convince her as well.
- Jonathan Feldman
Person
Alright. Tough tough sell here. Tough sell here. But good morning. Thanks for having me.
- Jonathan Feldman
Person
Jonathan Feldman, California Police Chiefs Association. So I'll start by saying, I travel around the state during the fall and talk to police chiefs in every region. And everywhere I go, I ask them what are your major issues? Is it guns? Is it drugs?
- Jonathan Feldman
Person
Is it violence? And I get a mixed bag of reactions. When I ask, are you having issues with ebikes? Everybody raises their hand. It's remarkable.
- Jonathan Feldman
Person
It's one of the top issues that police chiefs are facing in their communities asking them to do something about. But to be honest, the police chiefs don't wanna be in a position to have to police ebikes. They don't wanna chase kids on bikes and enforce the standards themselves. What they want are standards that are safe.
- Jonathan Feldman
Person
They take this issue out of their hands, address it at its core, and that's really what Assembly Bill 1557 does is it goes at the the main issue, which is the speed and acceleration of the bikes that we're providing to young riders.
- Jonathan Feldman
Person
It's too fast and they can't handle it, and they don't know the rules of the road and they're getting severely injured or in some cases, unfortunately, they are dying. And so we have to address this problem. I'll make a couple quick points. It is the legal bikes that is part of the problem. It's not all the problem.
- Jonathan Feldman
Person
There are illegal mopeds and other bikes that are out there, but the legal bikes are still too fast for the youth riders that we're giving them to. I know there was a Mineta Institute report that said 80% of the bikes they studied at Moran and San Mateo County were illegal. That's Moran and San Mateo. I've talked to police chiefs in other parts of the state. That's not consistent.
- Jonathan Feldman
Person
Again, legal ebikes are part of the problem. Also, you know, we'll acknowledge that anytime we create a new standard, there is market disruption. That's a fact, but California has never, you know, followed the Federal Government's lead when they have a standard that they feel like we need to do better. When it comes to guns, ecigarettes, food, many other vehicles, California creates our own safety standards because it's important for us protect our people out here.
- Jonathan Feldman
Person
And at this time right now, it is objectively clear that the standard for ebikes is creating real public safety risks.
- Jonathan Feldman
Person
It's harming young riders, and we have to do something about it. And, you know, the the market disruption will happen, but, know, California being the largest the fourth largest economy in the nation, world sorry, world, I don't
- Jonathan Feldman
Person
fifth or fourth, you know, we always seem to, you know, ensure that the demand is still there, the viability of the market is retained. But we have to do something about the public safety risks here. And for that reason, we are in strong support of this bill.
- Lizzie Guansona
Person
Good morning. Lizzie Guansona here on behalf of the San Mateo City County Association of Governments and the California Medical Association in support.
- Ethan Nagler
Person
Good morning. Ethan Nagler on behalf of the city's Redwood City, Carlsbad, Foster City, Mountain View, and the town of Hillsborough in strong support. Thank you.
- Yarelie Magallon
Person
Good morning. Yarelie Magallon with Political Solutions on behalf of the American Academy of Pediatrics California in support.
- Jeanie Ward-Waller
Person
Sorry. Good morning. Slightly out of breath from walking the stairs. Good morning, chair and members.
- Jeanie Ward-Waller
Person
I know. I'm, like, sweating up here. Sorry. Jeanie- Jeanie Ward-Waller representing People for Bikes. People for Bikes is a national advocate in the trade association for US manufacturers, suppliers, and distributors of bicycle products, including low speed electric bicycles and including many California based small and large businesses. I'm here to respectfully urge you to reject AB 1557 in its current form.
- Jeanie Ward-Waller
Person
This bill would redefine low speed electric bicycles in a way that conflicts with federal law and the three class framework adopted by 45 states at the worst possible time for the bicycle industry. In federal law, 15 USC twenty eighty five sets the 750 watt and 20 mile power standard and has been widely adopted across the country. Efforts by California to impose more restrictive definitions as an AB 1557 risk being preempted, creating legal uncertainty for the state.
- Jeanie Ward-Waller
Person
Moving forward with a conflicting standard would not only disrupt interstate commerce, but also place California businesses in an untenable position caught between federal compliance and a patchwork of state requirements. The bicycle industry is already struggling to recover from a post pandemic roller coaster in demand and facing sharply rising costs due to new tariffs on bicycles and ebikes.
- Jeanie Ward-Waller
Person
Legal low speed ebikes are the bright spot in our inventory and the only reliably growing- growing segment of the bike market, actually outselling electric cars in the past several years by a wide margin. They are the products that families, older adults, and everyday commuters are buying from reputable shops with service education and war- warranty support.
- Jeanie Ward-Waller
Person
In this fragile time, AB 1557 would force companies to redesign and reengineer products that would be solely for California, carry separate inventories, and absorb major risk that would take several years during which many small shops could go out of business, lay off employees, and risk losing at least half their business, which is about what ebikes are these days. We share your goal of safety for ebike- ebike riders and particularly children. Urged you to reject 1557.
- Ash Kalra
Legislator
Thank you. Is there anyone else here in opposition to AB 1557? Alright. Well, we'll bring it back to committee. I don't know if Senator Pacheco has any comments, but we're- we're- we're hearing a Senator Papan's bill on ebikes.
- Ash Kalra
Legislator
And I- I understand the concern from industry. I- I, you know, I think that to the point of the witness, you know, we do have to keep the public safety paramount, and I would just ask you to continue working with the author and if there's any ways that we can ease the pain on the industry while making sure that we create a safe environment for our community. I think that I know the author will try to find that balance. I would like to close.
- Diane Papan
Legislator
And just thank you for the time and the accommodation, and we look forward to achieving that goal of safety.
- Ash Kalra
Legislator
Thank you. Next on the list is Garcia, AB 1770. Whenever you're ready.
- Robert Garcia
Legislator
Good morning, Mr. Chair and members. I'm here to present on AB 1770. 1770 is attempting to make the process of binding arbitration in health care service plans fairer to patients. As of right now, California patients are forced into binding arbitration when they enroll in large health care plans like Kaiser. There's a lack of oversight, and the current system incentivizes arbitration companies to find in favor of the health care plans, stacking the cards against patients with nowhere to turn when, when they experience unfair practices.
- Robert Garcia
Legislator
AB 1770 will give the California Department of Justice oversight of large health care plans and clarifies that these plans must adhere to the California Arbitration Act, the first step in protecting consumers and ensuring fairness in arbitration. AB 1770 works to ensure the following: fairness and accountability in the health care arbitration process by placing oversight with the California Department of Justice and clarifying that health care plans must abide by the California Arbitration Act; ensure that Californians have a fair, transparent, and neutral way to resolve health care disputes and malpractice claims.
- Robert Garcia
Legislator
AB 1770 seeks to provide the following: attorney general oversight. This bill mandates that the Attorney General oversees health care service plans to ensure they comply with the California Arbitration Act and reporting. The Attorney General is authorized to request reports from health care plans providing the state with the data necessary to monitor how cases are handled. AB 1770 reiterates that all arbitration claims be conducted pursuant to the Code of Civil Procedure, closing any perceived loopholes that currently allow plans to bypass standard legal safeguards.
- Robert Garcia
Legislator
And by empowering the DOJ, the bill specifically targets financial bias and unethical practices to restore neutrality to the process. We expect AB 1770 to result in the following: increased transparency. Moving the process toward a regulated and enforceable system will improve public confidence. Neutrality.
- Robert Garcia
Legislator
The bill targets the built in incentives that currently undermine arbitrator neutrality and consistency. By standardizing the process, the bill ensures that all health care arbitration follows the California Arbitration Act consistently. And I'm honored to have Mr. Steven Martinez from Patient Equity Coalition and Mr. Javier Morales from Praxis Project with me to testify on AB 1770.
- Steve Martinez
Person
Hello, Chairman Kalra, members. I'm Steve Martinez, retired aerospace engineer, here today to explain why I think it's important for you to protect patients forced into privatized health care arbitration. Linda Lee's story is why I'm here. In 2010, she noticed a lump on her left breast. Naturally, she called for an appointment with her long-standing OB/GYN.
- Steve Martinez
Person
The HMO denied that appointment, instead sending her to a local HMO-run clinic. At the clinic, an unsupervised physician's assistant dismissed a breast lump in Linda Lee, a 55-year-old postmenopausal woman. Despite the 85% probability it was cancer, the PA prescribed warm compresses, a sports bra, and limited chocolate. We would later find that Linda Lee did have a breast cancer and had already spread beyond the breast. Despite the clear misdiagnosis, we were forced into private binding arbitration at great cost.
- Steve Martinez
Person
Surgeons who wrote the standard of care testified that the HMO had failed to follow its own documented procedures. The arbitration process was almost as bad as the cancer. The HMO argued that Linda Lee was to blame for her breast cancer. We thought this victim blaming could never carry the day, but when the verdict came in, the arbitrator ruled for the HMO. We later learned the arbitrator was being paid by the health plan and had a long standing financial relationship.
- Steve Martinez
Person
We also learned that the arbitrator rules against the HMO, the HMO simply declines that arbitrator in future cases, creating a powerful financial incentive to rule for the HMO every time. An important step to protecting patients is to empower the Attorney General to provide oversight. That's what we're asking for here. We believe doing this will help target the financial bias that is at the heart of the problem where HMOs are favored and patients like Linda Lee are left with no recourse.
- Steve Martinez
Person
Linda Lee has since passed away. She can't be here to ask you to pass this law. I am here. Please vote to help make the process more fair for California patients.
- Javier Morales
Person
Good morning. Good morning, Chair—Chair Kalra and members. I'm Javier Morales. I'm the Executive Director of the Praxis Project. We're a national nonprofit based in the Bay Area focused on health equity, and we're co—proud cosponsors of AB 1770.
- Javier Morales
Person
My career—I'm a former Executive Director for Latino culture for Healthy California as well. My career has been dedicated to ensuring that people of color and low-income communities can access the healthy food, economic opportunity, and quality care too often missing from our neighborhoods. In that work, I've met countless families trying to make ends meet, especially when a medical emergency hits. Health insurance should be the door to care, and too often, it's the obstacle.
- Javier Morales
Person
We've all heard stories from friends and family fighting their health plans over denied treatments and procedures.
- Javier Morales
Person
I have my own story. I've watched my family struggle with theirs. And as you heard today from Steven, these stories can be tragic. When families channel—challenge—these denials, they're forced into binding arbitration. The justification is efficiency.
- Javier Morales
Person
But when—but research on the employment context shows arbitrators tend to favor employers over workers compared to outcomes in court. There's every reason to believe that the same dynamic plays out in health care. AB 1770 brings key oversight to health plan arbitrators by applying the California Arbitration Act to these cases. It requires greater disclosure, helps reduce bias, and moves us towards more equitable outcomes.
- Javier Morales
Person
If California—if Californians are going to be required to give up their day in court, the least we can do is ensure the process is fair and protects consumers.
- Javier Morales
Person
Current law does not go far enough. AB 1770 is a meaningful step in a longer journey to protect people who pay for insurance or whose employers do and simply want the care they were promised. We respectfully ask for your support. Thank you.
- Ash Kalra
Legislator
Thank you. Is there anyone here—else here—in support of AB 1770?
- Tony Chicotel
Person
Good morning. Tony—Tony Chicotel, on behalf of California Advocates for Nursing Home Reform, in support.
- Ash Kalra
Legislator
Thank you. Come on up. Just your name and your position on the bill and organization, if any.
- Rasheed Shadiq
Person
Rasheed Sadiq, and I represent advocates here in Sacramento, and we're voting yes on AB 1770.
- Thomas Martinez
Person
Yes. I'm Thomas Martinez. I represent AB 177C—AB 1770—representing South Los Angeles. Thank you.
- Deborah Cagle
Person
Hi. My name is Deborah Cagle, and I'm representing Yolo County. Please vote yes.
- Jeff Clark
Person
Good morning, everybody. My name is Jeff Clark, and I'm in full support of AB 1770. Thank you.
- Anna Santiago
Person
Good morning. My name is Anna Santiago, and I am strong support for AB 1770.
- Yolanda Moore
Person
Good morning. My name is Yolanda Moore, and I am in favor of AB 1770. Thank you.
- Anna Letig
Person
Morning. I'm Anna Letig. I relate to what you, was the message you gave because it happened to my sister fifteen years ago. She passed two weeks ago because of misdiagnosis and had to be referred to another department, which they denied. And then years later.
- Ash Kalra
Legislator
Thank you, ma'am. Sorry, sorry for your loss. Thank you and your support of AB 1770. Yes.
- Billy Hughes
Person
Hi. I'm in support of the AB 1770. My name is Billy Hughes. Thank you.
- Leslie Lewis
Person
My name is Leslie Lewis from the East Bay to Oakland. I'm in strong support of AB 1770.
- Katie Gilardi
Person
Hello. Thank you. My name is Katie Gilardi, and I'm in support of the AB 1770, and I know that you're gonna vote in our support.
- Angelica Gonzalez
Person
Angelica Gonzalez with Kaiser Permanente. First, we wanna acknowledge Mr. Martinez and the loss of his wife. We recognize how deeply personal this is, and we appreciate you telling your story with the committee. Kaiser Permanente was opposed to a previous version of this bill. We are still reviewing the new language, but do not, and do not have an updated position at this time.
- Angelica Gonzalez
Person
But we wanna thank the author, his staff, and the committee consultants for their work on this. And we appreciated the conversations we've had with the author's office thus far, and we would like to hope to continue to work with him on any clarification that may be needed, so.
- Chris Micheli
Person
Good morning, Mr. Chair. Chris Micheli, on behalf of the Civil Justice Association of California. We also had an opposed position. We're still evaluating last week's amendments. Thank you, Mr. Chair.
- Ash Kalra
Legislator
Thank you. Alright. Bring it back to committee. We can't do motions yet. Any questions or comments? I wanna thank the author for bringing this forward and, and certainly the, the witnesses and everyone that showed up here today in support.
- Ash Kalra
Legislator
My—I know that each of you probably has a personal story, and, and it made it important enough for you to be here. I also wanna thank the oppositions. It looks like there's some productive conversations going on. Would you like to close?
- Robert Garcia
Legislator
Thank you, Mr. Chair, and I just wanna thank Mr. Martinez, Mr. Morales, and, and everybody that came in support. Like, like you said, they, they do have a personal story. I have a personal story. My wife has a personal story about, you know, this experience, and so, hope—hoping—to provide the much-needed oversight with, with my bill.
- Robert Garcia
Legislator
So, thank you, Mr. Chair. And when the time is right, respectfully ask for an aye vote.
- Steve Bennett
Legislator
Thank you, Mister chair. And in the interest of, the time of the committee and respect for, Assembly member Berman, my witness who flew up is willing to, not present testimony. I respectfully ask for an aye vote.
- Ash Kalra
Legislator
Like to I'm gonna for the record, before anyone gets here, Mister Berman will be next. So he does not have to worry about losing his spot. So, it's up to you. Yeah. If you want your witness to testify, he's not gonna lose his spot.
- Ash Kalra
Legislator
Yeah. The person came up here. They should also, you know I wanna make sure people are heard. I just wanna make sure that the grace of the Senator Berman is not lost on the committee.
- Ash Kalra
Legislator
I found out some timing on chair. I can do stuff like that. When I first started, I didn't realize that, you know, wait a second, you know. Anyway, whenever you're ready.
- Steve Bennett
Legislator
In October 2024, we had a fire. The tractor driver did fought valiantly to try to stop the wildfire from getting going, but the problem was the fire hydrant I mean, the fire extinguisher was not with the tractor. And so therefore, this is just saying, hey, the fire extinguisher can't be on the truck a long distance away. By then, the fire gets out of control, and so this simply changes that.
- Steve Bennett
Legislator
Our District Attorney in Ventura County worked hard with on this bill, and he has sent up a representative to testify, and he will testify briefly.
- Ash Kalra
Legislator
No. Please. Keep all the way up here. I wanna hear what you have to say.
- Steve Bennett
Legislator
Great. Great. This is Chuck Hughes from the Ventura County Special Assistant to the District Attorney.
- Chuck Hughes
Person
Good morning, Chair Kalra, Members. I am Chuck Hughes with the Ventura County DA's office. I'm here on behalf of Ventura County District Attorney Eric Nazarenko. As Assembly member pardon me. As this bet as Assembly member Bennett just mentioned, this bill is designed to help prevent wildfires.
- Chuck Hughes
Person
The Ventura County mountain fire that burned more than 20,000 acres and hundreds of structures pointed out some inconsistencies in the law that this bill is designed to fix by keeping fire equipment closer at hand when folks are working on brush. It establishes BrightLine rules that if you're on a motor vehicle like a tractor, the fire equipment must be in or attached to the tractor.
- Chuck Hughes
Person
If you're on foot, it must be within 25 feet of you so that you can get to it if a fire does begin. It also standardizes responsibility across several public resources code sections to clarify that not just the individual working the land is responsible for compliance, but the company behind that individual is responsible for compliance. Because in reality, companies are better situated to make sure the correct equipment is nearby.
- Chuck Hughes
Person
So those are the two purposes of this bill and I would appreciate your support. And thank you for your for your grace.
- Ash Kalra
Legislator
Thank you. Is there anyone else here in support of AB 2075? Is there anyone here in opposition to AB 2075? Alright. Bring that to committee.
- Ash Kalra
Legislator
Any questions or comments from committee? Well, just thank you, Assemblymember Bennett. It's a very simple thing that can have major consequences. And so, I'm glad that you're following up on a real-life incident so that we can hopefully make sure this doesn't happen again. Would you like to close?
- Steve Bennett
Legislator
I'd like to thank your staff for working with us on the bill. I really appreciate you giving grace and recognition to Assembly member Berman for letting us be in here and saving a spot. And I respectfully ask for an aye vote.
- Ash Kalra
Legislator
Thank you. And we'll take that up when we get an opportunity. Senator Berman. Because no one else showed up. So if I if I hadn't said that, there would have been, like, five authors that showed up.
- Ash Kalra
Legislator
I said if I hadn't said that you're up next, there would have been, like, five other authors. Yeah. You know?
- Marc Berman
Legislator
Good morning, Chair and colleagues. AB 1864 would protect Californians against the threat of bioterrorism by establishing safeguards to prevent the misuse of gene synthesis technology.
- Marc Berman
Legislator
California has long led the nation in biotechnology innovation, including gene synthesis, the process of using chemicals and specialized equipment to build artificial DNA or RNA sequences from scratch.
- Marc Berman
Legislator
Unfortunately, today in California, a bad actor can order online the genetic sequence of a dangerous pathogen or toxin, such as smallpox or Ebola, and have it delivered through the mail without any verification.
- Marc Berman
Legislator
While creating a live virus or engineered bacterium used to require specialized used to require specialized expertise, recent advancements in artificial intelligence have lowered the technical barriers to make and spread a dangerous pathogen, threatening the health and safety of all Californians.
- Marc Berman
Legislator
Recognizing this threat to public health, in September 2024, the White House developed a framework for screening gene synthesis orders. However, this current framework is voluntary, and there is no way to verify that providers and manufacturers are in compliance.
- Marc Berman
Legislator
AB 1864 would require providers of synthetic genes and manufacturers of gene synthesis equipment operating in California to screen orders for dangerous pathogen sequences and verify customer legitimacy.
- Marc Berman
Legislator
To ensure compliance to ensure compliance, producers and manufacturers that violate the framework will be subject to a civil penalty of up to $1,000 per violation enforceable by the attorney general.
- Marc Berman
Legislator
AB 1864 would also authorize the California Department of Public Health to update these regulations only if the Federal Government issues new guidelines that better protect Californians without overly burdening industry.
- Marc Berman
Legislator
California cannot and should not wait for a public health crisis or bioterrorism attack. AB 1864 is a proactive and common sense approach to standard to standardize federally recognized best practices in order to keep Californians safe.
- Marc Berman
Legislator
I respectfully ask for an Aye vote. And with me today are two witnesses who are far smarter than I am, Dr. Milana Trauntz, clinical professor in emergency medicine and Director of Biosecurity and Pandemic Resilience at Stanford University, and Ben Snyder, policy adviser for ENCODE. Thank you.
- Milana Trauntz
Person
Chair Kalra and Members of the committee, thank you so much for the opportunity to testify today. As mentioned, I am a doc, ER doc, and a professor of emergency medicine at Stanford, and I've spent my career preparing hospitals, governments,
- Milana Trauntz
Person
and communities for the eventuality of a potential bioterrorism attack and other biological threats. After the collapse of the Soviet Union, I was part of The US mission that work to redirect biological weapons programs, the largest in history, toward peaceful research.
- Milana Trauntz
Person
And there are so what foreseen what a determined adversary can do. Modern tools have democratized people's ability to genetically engineer organisms to be more infectious and more deadly, and it no longer requires a national program.
- Milana Trauntz
Person
There is a growing DIY movement where people can experiment with biology in their garages and their maker spaces. And AI systems can now walk users through techniques that once required years of training. Synthesis is a critical vulnerability in our defenses against these actors.
- Milana Trauntz
Person
Published protocols describe how synthetic DNA can reconstruct live viruses, including smallpox, and produce toxins. And if you can order the sequence, you can boot up the pathogen.
- Milana Trauntz
Person
Screening is an effective, well tested solution. Responsible providers have done it voluntarily for more than a decade. And federal guidelines referenced in a in AB 1864 describe how. But voluntary compliance are is no longer enough.
- Milana Trauntz
Person
More than 20% of California providers recently contacted by California universities did not attest to screening, and AB 1864 closes this gap.
- Milana Trauntz
Person
It codifies practices that leading firms already follow under a federal framework developed with extensive input from industry and academia. It will not impede legitimate research, and it will ensure that bad actors cannot exploit the gaps in our bio in security defenses. I respectfully urge your Aye vote.
- Ben Snyder
Person
Good morning, Chair Kalra and Members of the committee. Thank you for the opportunity to speak in support of AB 1864. My name is Ben Snyder, and I'm here with Encode AI, a cosponsor of the bill. Encode is a youth led advocacy organization focused on safe and responsible AI development.
- Ben Snyder
Person
Last year, we co sponsored Senator Wiener's SB 53, a first in the nation frontier AI transparency bill signed into law by governor Newsom. One key risk SB 53 addressed is the ability of AI systems to provide expert level advice on creating biological weapons.
- Ben Snyder
Person
The very companies building this technology warn that their systems, quoting OpenAI, are on the cusp of being able to meaningfully help novices create known biological threats. Guardrails on AI models are just one imperfect solution. That's why AB 1864's gene census screening requirements are so important.
- Ben Snyder
Person
AB 1864 codifies federal screening guidelines developed with extensive input from ministry and academia, a standard more than 20 leading gene synthesis companies already publicly attest to following.
- Ben Snyder
Person
It creates a clear legal floor to ensure those responsible providers and equipment manufacturers aren't disadvantaged while leaving legitimate customers free to pursue their work as they do today.
- Ben Snyder
Person
This reflects what the industry's own leaders have been calling for Doctor James Diggins, Chair of the International Gene Synthesis Consortium and a senior executive at California based Twist Bioscience, urged Congress last December to mandate screening.
- Ben Snyder
Person
Dario Amede, CEO of Anthropic, and David Baker, the Nobel winning biochemist, have likewise endorsed mandatory screening.
- Ben Snyder
Person
California has the opportunity to translate that emerging consensus into law and to lead in the face of federal inaction as it has so often before. I ask you to vote Aye on AB 1864. Thank you.
- Doug Subers
Person
Good morning, Mr. and Chair. And members, Doug Subers on behalf of the Secure AI project and strong support. Thanks.
- Josh Lowenthal
Legislator
So good to see you. How's that? Thank you, mister chair and members. And for anybody watching at home that followed this in privacy committee, you will hear a lot of the same testimony. So hang in there with us for that.
- Josh Lowenthal
Legislator
Mr. Chair, Members, I wanna thank you for the opportunity to present AB 179, which would set a minimum age of 16 years old for users to create or maintain a social media account only on platforms that have determined to have harmful features for adolescents.
- Josh Lowenthal
Legislator
The bill also establishes knee safety commission. This is a long overdue oversight authority tasked with implementing this policy along with advising legislature on digital safety standards and initiatives going forward.
- Josh Lowenthal
Legislator
I wanna begin by acknowledging that this bill is not an effort I've taken alone. I wanna thank the bipartisan group of joint authors and co authors whose support and partnership have helped to make this effort possible.
- Josh Lowenthal
Legislator
I also want to acknowledge the very stakeholders representing different perspectives for the countless hours they spent meeting with my staff. This includes Esafety commissioner in Australia, leaders representing marginalized communities, education leaders,
- Josh Lowenthal
Legislator
experts in the field of pediatric medicine, science, psychology, and parents throughout this great state. And let's not forget the platforms themselves who I believe are full of conscientious and thoughtful people, so many of whom are parents as well.
- Josh Lowenthal
Legislator
While there are many areas where we struggle to find precise alignment, everyone claims that we need to do significantly more to protect kids online immediately, and I'm confident that through the year, we can find common ground on that.
- Josh Lowenthal
Legislator
It's not just California that recognizes this is an issue that needs fixing.
- Josh Lowenthal
Legislator
The whole world with two dozen countries acting similarly in real time right now, Multiple states in The United States following suit and courtroom setting precedent identifying the individual and collective arms. What's interesting is that the conclusions are the same.
- Josh Lowenthal
Legislator
Regardless of the continent, regardless of religion, system of governance, race, socioeconomic level, even population size. It's rare that nations as diverse as Australia, Spain, Indonesia, Denmark, and Brazil align on breakthrough policy, and yet here we are.
- Josh Lowenthal
Legislator
We can learn together, and we can learn from each other to keep up with the rapidly changing online world.
- Josh Lowenthal
Legislator
So how actually did we get here? I cannot think of any other trillion dollar industry that we would allow to knowingly design products that exploit the developmental vulnerabilities of children, profit from their compulsive use, and then claim no responsibility for the harm.
- Josh Lowenthal
Legislator
A substantial and growing body of research shows that children 16 are especially vulnerable to addictive digital environments given their brains have not yet developed the executive functioning skills necessary for impulse control, emotional regulation, for long term decision making.
- Josh Lowenthal
Legislator
If a product is intentionally engineered to capture and hold children's attention through compulsive design features, the legislature has a responsibility to step in and to protect young people. Recent court decisions have helped to support this claim in a big way.
- Josh Lowenthal
Legislator
One of the most groundbreaking cases was just a few weeks ago, 2026, Los Angeles Superior Court decision, KGM Metta, et al.
- Josh Lowenthal
Legislator
And in that case, the jury found that Meta with Instagram and Google with YouTube could be held legally responsible for designing platforms in ways that addict children and contribute to mental health harms.
- Josh Lowenthal
Legislator
Of note, TikTok and Snap, both defendants in the case, reached settlements with the plaintiff just before the trial kicked off.
- Josh Lowenthal
Legislator
For the companies that didn't settle, the jury concluded for the companies that didn't settle, the juries concluded that they were negligent in how the products were designed and that these design choices were a major factor in causing depression, in causing anxiety, in causing compulsive use.
- Josh Lowenthal
Legislator
The plaintiff began using the platforms at age six and described being on social media, quote, all day long. What makes this case especially significant is that it was not about the harmful posts. It was not about speech online.
- Josh Lowenthal
Legislator
It was about it was not about specific content, not about specific content.
- Josh Lowenthal
Legislator
Instead, it focused on product features like infinite scroll, on autoplay, and algorithms specifically designed to keep children engaged as long as possible.
- Josh Lowenthal
Legislator
The ruling determined that social media companies may be held accountable for addictive product design even when the content itself is protected. These recent findings speak to First Amendment concerns brought by opposition to this effort.
- Josh Lowenthal
Legislator
If we focus on the features of the platform rather than the content, there is strong precedent that AB 179 will stand up against First Amendment challenges. The evidence of intent intentional design is overwhelming.
- Josh Lowenthal
Legislator
Internal TikTok documents state plainly that, quote, the product in itself has baked in compulsive use. Another TikTok executive acknowledged that children watch because, quote, the algorithm is really good, but warn what it means for sleep and eating and moving around the room and looking at
- Josh Lowenthal
Legislator
TikTok's own internal research group, TikTank, reported that compulsive usage correlates with, quote, loss of analytical skills, memory formation, contextual thinking, conversational depth, empathy, and increased anxiety, while also interfering with essential responsibilities like sleep, schoolwork, and
- Josh Lowenthal
Legislator
connecting with loved ones. These are not outside critics making accusations. These are the company's own internal findings describing the harms their products create.
- Josh Lowenthal
Legislator
Meta's internal communications tell the same story. One internal email stated that the company's, quote, overall goal remains total team time spent. While another summarized the youth strategy even more bluntly, quote, the young ones are the best ones.
- Josh Lowenthal
Legislator
A senior meta data scientist warned colleagues that, quote, some of our users are addicted to our products and compared engagement tactics to slot machines because, quote, intermittent rewards are the most effective at reinforcing behaviors that are hard to extinguish even when they provide little value.
- Josh Lowenthal
Legislator
Even Facebook's founding president, Sean Parker, publicly acknowledged the business model years ago. He explained that the design philosophy behind these applications was to ask, quote, how do we consume as much of your time and conscious attention as possible?
- Josh Lowenthal
Legislator
He described the use of likes and comments as a dopamine hit, called the system a social validation feedback loop that exploits vulnerabilities in human psychology. He further stated that the creators understood this consciously and did it anyway.
- Josh Lowenthal
Legislator
That should alarm every policymaker responsible for protecting children.
- Josh Lowenthal
Legislator
The science confirms what the internal documents reveal. A 2026 chapter in the World Happiness Report by Jonathan Haidt and Zach Rausch concluded that social media is harming adolescents at a scale large enough to produce population level changes in mental health and well-being.
- Josh Lowenthal
Legislator
In 2023, longitudinal fMRI study conducted by JAMA Pediatrics, following sixth and seventh grade students over three years, found that habitual checking of social media was associated with changes in brain development that increased sensitivity to social rewards. The mental health impacts are also clear.
- Josh Lowenthal
Legislator
Studies consistently associate problematic social media use with anxiety, with depression, with poor sleep, with psychological distress.
- Josh Lowenthal
Legislator
When sleep declines, attention weakens, academic performance drops, and anxiety rises. The consequences are not abstract. If these consequences show up in our classrooms, they show up in our homes, and our communities.
- Josh Lowenthal
Legislator
This bill establishes minimum age of 16 since 16 is a reasonable and evidence based safeguard as determined by the pediatric community. By age 16, adolescents have stronger executive functioning, better emotional regulation, and greater capacity to recognize manipulative systems than
- Josh Lowenthal
Legislator
younger children do. We already set age thresholds for products and environments that pose developmental risks. We do so not to punish youth. We do so to protect them during vulnerable stages of their growth.
- Josh Lowenthal
Legislator
Social media platforms built around compulsive engagement deserve similar common sense guardrails. Establishing minimum age requirements is not a new concept.
- Josh Lowenthal
Legislator
As a society, we have long recognized that certain products, activities, and responsibilities are not appropriate or safe for children and adolescents until they reach a certain age. That is why we set clear age based safeguards included.
- Josh Lowenthal
Legislator
Minors cannot gamble or purchase lottery tickets until age 18. Young people cannot purchase alcohol or enter bars until age 21. Tobacco products may not be purchased at age 21 only purchased at age 21 or older.
- Josh Lowenthal
Legislator
Minors are prohibited from purchasing firearms, from having firearms, from carrying firearms. Access to other weapons such as certain knives or BB guns also restricted for minors. These are constitutional rights, by the way, restricted for minors.
- Josh Lowenthal
Legislator
Access to explicit pornographic materials are restricted until age 18. Minors face limits on access to certain medications.
- Josh Lowenthal
Legislator
Individuals must be 18 years old to get a tattoo. Young people cannot operate a vehicle until they reach a certain age and demonstrate readiness by passing written and driving tests.
- Josh Lowenthal
Legislator
Children cannot begin working until they meet minimum age requirements, and their hours are restricted until they're 18. Young people are required to attend school from age six to 18, whether they like it or not. In addition, minors can't purchase spray paint, body branding devices, UV tanning, so on and so forth.
- Josh Lowenthal
Legislator
These examples reflect a principle we already accept. When it comes to children, age based guardrails are common, they're reasonable, and they're often necessary to protect health, safety, and development even when a parent may disagree with that.
- Josh Lowenthal
Legislator
Kids do not have the ability to determine what is appropriate or safe for them to use. Social media has demonstrated to have inherent harms the way that it is developed. That is why the bill carefully lays out what platforms are covered.
- Josh Lowenthal
Legislator
If a platform wants to change its features, Mr. Chair and Members, and implement age appropriate designs, transform the algorithms, they can do that. They can carve themselves out of this bill simply by changing the algorithm and harmful features.
- Josh Lowenthal
Legislator
The bill also recognizes that current age restrictions have failed. Today, many platforms rely on self attestation, asking a child to click a button and claim that they are at least 13 years old, but that is not age verification.
- Josh Lowenthal
Legislator
It shifts the burden on to children and on to parents while allowing billion dollar companies to continue profiting from underage users.
- Josh Lowenthal
Legislator
This legislation instead requires reasonable age assurance measures, prohibits the use of age verification data for advertising, profiling, and requires the deletion of underage accounts and associated personal information.
- Josh Lowenthal
Legislator
Importantly, the bill creates an Esafety advisory commission within the office of attorney general because technology changes faster than the law.
- Josh Lowenthal
Legislator
New platforms, new algorithms, new addictive design features emerge constantly, and California needs a standing expert body to evaluate age assurance technologies, to monitor compliance, to assess privacy impacts, to gather feedback from parents and youth, to study harmful design practices,
- Josh Lowenthal
Legislator
and to recommend future reforms. As consumers, we have no control over product development, no way to meaningfully weigh in. This is about the youngest group of Californians.
- Josh Lowenthal
Legislator
This is who we're talking about, and they're spending an extraordinary portion of their formative years online. The American Pediatric Association estimates that teenagers spend an average of five hours a day on social media. That is a conservative estimate.
- Josh Lowenthal
Legislator
Let's think about that for a quick second. If the average is five hours a day, that means there are millions of children in the state of California today that are spending more time on social media than in school.
- Josh Lowenthal
Legislator
There are millions of children in California today spending more time in social media than they are in school. There is no other unsupervised environment where children spend that much time with so little accountability.
- Josh Lowenthal
Legislator
When children are in school for similar hours, we demand credentialed teachers, safety standards, curriculum review, parental involvement, and public oversight.
- Josh Lowenthal
Legislator
We rightly insist on rules because we know prolonged exposure shapes development. So why would we accept less protection in the digital spaces where our children are spending as much, if not more, time?
- Josh Lowenthal
Legislator
If a school knowingly exposed students to an addictive product linked to serious mental health harms and thousands of preventable deaths each year, no parent would tolerate it for a moment. Its social media platforms operate with far less scrutiny.
- Josh Lowenthal
Legislator
Parents have very limited visibility. Policymakers are always playing catch up, and no expert body is charged with keeping pace. Without a dedicated commission, enforcement will always lag behind innovation, and our children will continue to bear the cost.
- Josh Lowenthal
Legislator
California has led the nation before on privacy and consumer protection. We now have the opportunity to lead on protecting children on the line. This bill is not about speech. It is not about content. It is about product design and public health.
- Josh Lowenthal
Legislator
When companies admit they are engineering compulsion, targeting young users, and maximizing teen time spent, we cannot look the other way. Regarding the First Amendment concern, the primary issue this focused this committee is focused on analyzing.
- Josh Lowenthal
Legislator
Social media spaces are not places of absolute free speech. The First Amendment does not stop social media companies from removing your posts, suspending your account, or enforcing whatever content rules they wanna have.
- Josh Lowenthal
Legislator
As a matter of fact, the only First Amendment rights guaranteed are the rights of the platforms and their free speech.
- Josh Lowenthal
Legislator
Florida enacted a similar law to AB 179 requiring social media users to be 14 before they could open an account like this bill. That bill focused on addictive features such as infinite scroll, push notifications, algorithmic features, and autoplay.
- Josh Lowenthal
Legislator
The Eleventh Circuit of Court of Appeals upheld the Florida law, determining it to be content neutral because the definition of social media platform and addictive features made no reference to the type of content involved, which is why this bill, as it was amended last week,
- Josh Lowenthal
Legislator
deals with the features that make these social media platforms harmful. Before, Mr. Chair, I turn this over to my witness. I wanna, address concerns raised from organizations and advocates.
- Josh Lowenthal
Legislator
I wanna make sure that those advocates understand that I hear them. I've read their letters. I sincerely appreciate the feedback, the input, and the advocacy. I appreciate the countless conversations they've had with me and my staff.
- Josh Lowenthal
Legislator
I appreciate our long and thoughtful discussion in the assembly privacy committee last week.
- Josh Lowenthal
Legislator
I will continue to have those conversations. My door remains open. We are looking for collaboration. This bill is not about cutting young people off from the Internet. It is not about shutting anybody out.
- Josh Lowenthal
Legislator
It's not about denying access to critical resources. This bill is meant to protect, not to exclude. It targets specific high risk platform designs that rely on addictive features and compulsive use patterns that are proven to harm young people.
- Josh Lowenthal
Legislator
We should not accept a false choice between connection and exploitation. Young people deserve the ability to find community online, including all marginalized groups, but not in environments where harm is built into the business model.
- Josh Lowenthal
Legislator
This bill also creates a clear path for reforms to change. Again, if companies redesign their products so that they no longer have these addictive features that harm kids, they can remove themselves from the scope of this policy following the court rulings as well.
- Josh Lowenthal
Legislator
We invite platforms to innovate and create safer products. California can protect children while preserving access to meaningful connection community.
- Josh Lowenthal
Legislator
With that, I'd like to turn it over to Erin Cohen, high school board member for the Organization for Social Media Safety and Youth Social Media Safety Advocate, and Mr. Marc Berman, CEO of the Organization for Social Media Safety, who are here in, to testify in support of AB 179.
- Ash Kalra
Legislator
Thank you. Whenever you're ready. Yeah. Go ahead and move it over. You can you can pull you can pull the microphone closer.
- Erin Cohen
Person
Good morning, Chair and distinguished Members of the committee. My name is Erin Cohen, and I'm a high school junior and the host of Control It, a podcast dedicated to helping teens reclaim their lives from social media.
- Erin Cohen
Person
And I proudly serve on the board for the organization for social media safety. I am here as a teen voice in support of assembly bill 17 o nine. When I was 15, I became the target of a sustained cyberbullying campaign.
- Erin Cohen
Person
But started as a few cruel comments escalated into a coordinated effort to humiliate and isolate me. My name was attached to lies, screenshots were weaponized, and rumors spread instantly, and this was to over 200,000 people. I could not escape it.
- Erin Cohen
Person
Social media followed me into every space I once considered safe. I was not equipped to handle what these platforms put in front of me, and they were not designed to protect me.
- Erin Cohen
Person
They were designed to keep me engaged even when that engagement caused serious harm. That's why I'm here. AB 179 would prohibit addictive social media accounts for users 16.
- Erin Cohen
Person
The addictive social media platforms that young teens and tweens use today are not some digital versions of a town square where kids come to connect, as the industry tells us. They are rigged, exploitative systems that quiet our voices when we are most vulnerable.
- Erin Cohen
Person
They rob us of hours each day as we scroll through meaningless short form videos. They depress us, make us feel imperfect, and they amplify cyberbullying and harassment. Removing dangerous features from social media protects our voices. It does not silence them.
- Erin Cohen
Person
I urge you to vote yes on AB 1709 to give us the safe, positive platforms that teens need and deserve. Thank you.
- Marc Berkman
Person
Good morning, Chair and distinguished Members. Thank you for the opportunity to testify in AB 179 as a proud cosponsor of the bill. My name is Marc Berkman.
- Marc Berkman
Person
I'm the CEO of the organization for Social Media Safety, a national consumer protection organization safeguarding the public from the harms of social media. The reason for AB 179 must be explicitly clear.
- Marc Berkman
Person
Social media is harming our children, harming them at a catastrophic scale. In addition to the overwhelming evidence finding substantial adverse adverse mental health impacts of adolescent use of addictive social media, we see acute harms that include cyberbullying,
- Marc Berkman
Person
harassment, predation, drug trafficking, human trafficking, sex distortion, violence, fraud, and dangerous challenges. These are not theoretical. They are real and impacting millions of California's children.
- Marc Berkman
Person
Notably, the industry standing in opposition to AB 1709 has disregarded these acute harms entirely.
- Marc Berkman
Person
Also, the industry itself in opposition cited research of finding statistically significant links between adolescent social media use and adverse mental health outcomes and stronger associations when use becomes compulsive, which is exactly why we need this bill to protect
- Marc Berkman
Person
our children from addictive forms of social media. From our work on the ground with students on campuses nationwide, we are seeing children harmed year after year while the industry tells the public it is working on the problem.
- Marc Berkman
Person
Yet we have not seen meaningful improvement in the metrics, meaning ongoing acute injury to our children. I would note this bill is constitutional.
- Marc Berkman
Person
The most relevant recent appellate decision showed that carefully drafted youth social media safety laws tied to addictive features like AB 179 can withstand judicial scrutiny.
- Marc Berkman
Person
A B 179 is necessary to protect our children, and I respectfully urge your Aye vote. Thank you very much.
- Clifton Wilson
Person
It's a long hold on. Yeah. There we go. No? Yeah? Okay. Clifton Wilson on behalf of the California Medical Association as well as the California Academy of Child and Adolescent Psychiatry, both in support. Thank you.
- Jenna Townon
Person
Jenna Townon on the behalf of California Commission on the Status of Women and Girls, cosponsor.
- Crystal Strait
Person
Crystal Strait representing Common Sense Media, proud cosponsor, and also representing mama, mothers against media addiction and support.
- Ash Kalra
Legislator
Thank you. Before we go to opposition, I'd ask as far as as madam secretary, if we can establish quorum.
- Ash Kalra
Legislator
Alright. We have a quorum established. Is there anyone here in opposition to AB 179?
- Josh Lowenthal
Legislator
The companies are also in a very tough place. Every quarter, the street puts so much pressure on them to have returns that were better than the quarter before compared to the year before, and returning shareholder value is what their- their boards mandate them to do. So they're in a cycle as well. In- In all of my conversations, not just with executives of those companies, but for their representatives here and the advocates, they all agree that something needs to be done.
- Josh Lowenthal
Legislator
They're looking for collaboration. I feel that there's a tipping point that's happening right now. For me, it's not about clubbing them over the head. It's about bringing them to the table to do what's reasonable, to pay attention to what everyone is doing globally on this topic right now.
- Diane Papan
Legislator
So just real briefly, I'm gonna dovetail on two points. Number one, much of the damage is very subtle and very insidious. It doesn't take 200,000. I'm the mother of a 20 year old who survived COVID and social media, and it was not easy. We night white knuckled it many a day, and I think I'm in pretty good command running the asylum in my own home.
- Diane Papan
Legislator
But- But, you know, it- it was difficult. So it- it doesn't have to be on a mass scale. I appreciate what your witness went through. I really do. But it- it- it can be very, very subtle.
- Diane Papan
Legislator
So I appreciate all that the author is trying to do with the bill. And then I wanted to dovetail a little bit on the companies themselves. You know, their product, if you will. What- What how do they make their money? They make their money by selling ads.
- Diane Papan
Legislator
So I want I want us to just think about that because those aren't taxed. Do you ask how much money is enough? I don't know. But I will say something in that model needs to be looked at even if it were to be voluntary. You know, when you got Zuckerberg at a US Senate hearing apologizing, we're in trouble. So I kinda feel like we need to be looking at not only are we changing algorithms and and not making them addictive and and all of these things, all good.
- Diane Papan
Legislator
But I would like to see because the effects are still out there, and we're still dealing with it. I would like to see somehow in this model how we come up with something financially to help our kids at this point.
- Diane Papan
Legislator
I- I agree with you. They got answers to shareholders. That's nothing new, and I don't begrudge anybody that. But I think at some point, somewhere along the line, there needs to be something financial to come into the equation. Doesn't have a lot to do with the bill.
- Diane Papan
Legislator
Thank you, chair, for indulging me, but that's kind of where I am. Love to support the bill. I like this new organization, MAMA, Mothers Against Media Addiction. I think the title says a lot. And we're all with you at this point.
- Josh Lowenthal
Legislator
You know, assembly member, thank you for your vulnerability on camera. Like miss Cohen here, I don't know if families that don't have a story to tell about this, including my own, including the governor, who has been also very vulnerable about his family's tough time. I- I really don't know a single family that I've come across in the state of California that's not contending with this issue.
- Josh Lowenthal
Legislator
And pursuant to- to your- your- your- your issue about how we need to do more, we're going to need to do more. This legislature is going to have to get serious about filling our chilled up children up with alternatives, investing in outside learning, in the arts, in music, in other things that children can spend their time in to replace the thirty five to forty hours that they're spending right now harming them.
- Josh Lowenthal
Legislator
And so we need to be intentional about that. We got have to have our eyes wide open what the next decade's gonna bring here.
- Rebecca Bauer-Kahan
Legislator
Thank you, mister chair and members. And, obviously, everyone knows how I'm gonna vote because this moved out of my committee last week. But I did wanna make a few comments, and I wanna thank the author for his steadfast I mean, since I think the day he walked into this building, this has been your number one priority, protecting not just your own girls, but all of our children. And you have done it with a whole heart and with a moral clarity that I think few could emulate.
- Rebecca Bauer-Kahan
Legislator
It really is incredible. Thank you. I know I wasn't in the room when you testified, but I actually was listening remotely. Thank you for bringing your voice into this room. I think it's so, so important.
- Rebecca Bauer-Kahan
Legislator
Often, you know, there are people here who try to lobby for the children, but they don't have the most the highest paid lobbyists like all the companies do. And so it is so important that we listen to all of our adolescents and what they're experiencing online. And since, the opposition wanted to speak for parents, I guess I will start by speaking as a parent. I'm a parent of teens, and I add me to the list of parents on this diet who have struggled with this.
- Rebecca Bauer-Kahan
Legislator
And I actually as I've said publicly, I'm one of the parents who has been incredibly strict.
- Rebecca Bauer-Kahan
Legislator
My children are not on Instagram. They are not on a lot of social media, but it has been virtually impossible to keep them off YouTube. And YouTube is incredibly addictive. And then they introduce Shorts, which is very much like TikTok and honestly has all the content of TikTok on it. And it is even for parents who are trying every day, who spend their their life's work is trying to deal with this, we are struggling.
- Rebecca Bauer-Kahan
Legislator
And to your point, there are so many spaces where we as public policymakers step in. We step in. And part of the reason we step in is exactly what was talked about here today. I'm a former regulatory lawyer, and part of what I truly believe in my core having done that work is that, yes, the companies, their obligation is to their shareholders. That is the marketplace.
- Rebecca Bauer-Kahan
Legislator
And so the only thing that will change the fiscal determinations they make is regulation, is making it part of their accounting, is when the liability is larger than the benefit, they will change their behavior. And that's why this is so important. But on that, I will also note to the credit of Pinterest, because not all companies are created equal, Pinterest made a choice. They said, we wanna lead with kids first. We wanna lead with kids' safety.
- Rebecca Bauer-Kahan
Legislator
We're gonna make a privacy forward, protective platform, and the whole Wall- Wall Street community said, this is the end of Pinterest. And you know what happened? They became more profitable. And so I also think we need to talk about how there is a business case to be made for protecting children here in California and outside, and I wanna thank Pinterest for their leadership improving that point to us and to everyone. But I- I couldn't agree more with my colleague from San Francisco that enough is enough.
- Rebecca Bauer-Kahan
Legislator
They're making so much money. Like, I just am at the point where I'm like, my child's attention is not where you should be getting your profit, and I don't know when they will decide enough is enough, but I think the answer is never, which is why this regulation is so important. I want to address the first amendment concerns because that is what we're supposed to be
- Rebecca Bauer-Kahan
Legislator
here talking about in this committee. The, you know, the opposition made the point that we are clearly violating the first amendment, and I wanna just cite the analysis, which very, eloquently deals with the first amendment. I'm on the electronic version, but it's on page 10. And it talks about the scrutiny. The intermediate scrutiny that the court would most likely use here would look at whether this is grounded in substantial governmental interest, and the incidental restriction is no broader than necessary to further our interest.
- Rebecca Bauer-Kahan
Legislator
I guess, like, number one, what is our governmental interest? No one could have laid that out better than you can. Protecting California's children is a governmental interest that I believe is above all others. They are some of our most vulnerable, and they deserve the mental well-being that we can give them through this legislation. And so our governmental interest is so clear.
- Rebecca Bauer-Kahan
Legislator
And I actually believe through the amendments that were taken last week, we have narrowly construed this in a way that is, frankly, elegant and allows for companies to continue to be in the space of providing information and grounding spaces and connecting spaces for our children as long as they don't try to harm them and addict them. And so I really, really want to hone that. We have not made an exhaustive list of who is included and who is not.
- Rebecca Bauer-Kahan
Legislator
Meta can choose to create spaces that do not have these addictive features, and they will be allowed to have under 16 in them. And I think that what this will do is not only keep our kids safe.
- Rebecca Bauer-Kahan
Legislator
I think it will create an environment where we have better innovation in California, where we have people working to create safe online spaces for our children. And, hopefully, honestly, you know, I have spent much of my life's work helping to support the LGBTQ community in their fight for civil rights. It is something I'm incredibly passionate about.
- Rebecca Bauer-Kahan
Legislator
And I believe that having non addictive spaces for LGBTQ plus youth is a positive thing and that this actually moves us in that direction instead of having them on those spaces. And lastly, I'll say I just learned that at least at my public high school where my daughter will go, we do not have a Bell to Bell ban because they believe that communicating with our children through Instagram is how they should get their sports and other information.
- Rebecca Bauer-Kahan
Legislator
My children don't have Instagram, and I'm now being told that my 15 year old will have to go on it if she wants to be on a sports team. That is crazy. It is an addictive harmful platform that I should not be told my child has to be on, and this will change that dynamic. And so we have to be better, and we have to get our kids into spaces that are safe.
- Rebecca Bauer-Kahan
Legislator
There are well, I showed up to swimming on time and water polo every day without a cell phone, so I'm pretty sure they could do it too.
- Rebecca Bauer-Kahan
Legislator
But I also think that we can have communication spaces that are not trying to keep our children on all day and all night. And so with that, I am proud to be a coauthor. I wanna thank you for your hard work. I look forward to seeing both this bill come into fruition, but also the Esafety Commission because I do think it is a future for California to lead in a consumer facing way that allows online spaces to be as safe as some of our other spaces.
- Josh Lowenthal
Legislator
You're a joint author, not a co author. You are the most amazing joint author. And how lucky are we in the state to have a- a- a regulatory attorney overseeing the privacy commission that is specifically looking at, that intersection and how, legislation like this can be more, you know, more meaningful. I wanna speak very briefly to a few things that you talked about. This is a business decision by companies that are already creating children's platforms.
- Josh Lowenthal
Legislator
TikTok has a youth version. Meta has teens version. YouTube has YouTube Kids. As a matter of fact, in Australia, where they have in bucket and out of bucket determined by their e safety commission, YouTube for adults is in bucket. YouTube for kids is not.
- Josh Lowenthal
Legislator
And so kids are still able to access those things very easily on the platforms that Instagram has already set up for their teen version, that TikTok has set up for their teen version. They could take these features out. Problem solved.
- Rick Chavez Zbur
Legislator
Thank you. I wanna first thank the author. I know that he has been energetic in reaching out to me about this bill, and, you know, we wanna thank him for the engagement on this. As I've mentioned him before, I will be supporting the bill today, but I do have some concerns about it. And I just wanted to sort of lay those out a bit.
- Rick Chavez Zbur
Legislator
You know, I as someone who is also the parent of two 17 year olds now, and I, you know, I concur that the you know, what our kids are- are- are experiencing, all kids, is harmful. And so, you know, I applaud you for really taking this very difficult and complex issue on. I will say that the thing that- that I'm voting today because I do trust you and I that you're gonna continue engaging with- with the major LGBTQ organizations on this issue.
- Rick Chavez Zbur
Legislator
They have not- The major issue the the mainstream groups have not come on opposition in part because of their trust in you to continue engaging with them. But the one thing I will say is that in the age group of 13 to 16, that has always been an area in addition to 16 to 18 that the LGBTQ organizations have always focused on to make sure that the sources of community for those kids are maintained.
- Rick Chavez Zbur
Legislator
And so, you know, obviously, understand why you've chosen 16 as the demarcation in this bill, but asking you to look at whether or not there are things you can do to assure that there are actually community resources available for these kids in the 13 16 age group age group. The privacy committee had because of the because the focus was different, had a longer analysis, and I read every page of that. I think there was 27 pages of analysis there.
- Rick Chavez Zbur
Legislator
And one of the things that I noted in that analysis was they- they laid out really a lot of the research on this issue, and there was one study that basically showed that kids are experience worse outcomes if they have no social media engagement, and worse outcomes if they have high amounts of social media engagement. And they talked about this u, you know, this u curve where kids that have moderate amounts of engagement are actually the ones that are doing the best.
- Rick Chavez Zbur
Legislator
Now I know this bill, we, you know, we can't appropriately talk about content, so this is focused on sort of the the features of the- of the bill. But- But the- that 13 to 16 year old age group, I'm just wondering whether are things you can do. It's limiting the amount of time.
- Rick Chavez Zbur
Legislator
Because when you're talking about the addictive features, what I understand is what you're doing since we're not focusing on content, I mean, I'd love to be able to focus on content, frankly, because I think content has been, you know some of the content that's directed at kids is really problematic, and, obviously, we can't do that given the constitutional issues.
- Rick Chavez Zbur
Legislator
But- But if- if it's- if it's the addictive features, which is kids being on for long periods of time, which is part of what we're trying to address, are there ways in which we can actually limit this so that it's actually limited amounts of time, one or two hours a day, so that we're actually not cutting off, especially on this 13 to 16 year old age group, all access to this.
- Rick Chavez Zbur
Legislator
Now I know that, you know, the response is social media companies can can change the features in order to sort of give access to that. But I worry about a situation in which they don't.
- Rick Chavez Zbur
Legislator
And so for you know, one of the things that one of the reasons why the LGBTQ- LGBTQ community groups are so focused on this is that, you know, if you are coming from an area and a community where basically there is significant, disapproval, discrimination, sometimes within kids' own families, that's that ability to connect is incredibly, incredibly important. And being able to connect to the Trevor Project is not enough. I mean, most kids in Fresno or Modesto have no idea who the Trevor Project is.
- Rick Chavez Zbur
Legislator
What they're doing is they're going online and finding community through, probably, in some cases, the addictive feature, which is pushing things out to them where they can actually find some community online.
- Rick Chavez Zbur
Legislator
So, you know, obviously, saying all of that, you know, I worry about my own kids and what they're seeing online and the fact that, you know, we have to be engaged with them every day on the amount of time you're on social media and trying to pull them off and all of the things that the harms that you're trying to focus on.
- Rick Chavez Zbur
Legislator
I will be supporting the bill today, and I just wanna thank you for all the engagement, but asking you to continue working with the major LGBT organizations because they are really grappling with this now. The reason why there's not letters of opposition in is because they're trying to figure out how to achieve the goals that you are trying to achieve, which are legitimate and important.
- Rick Chavez Zbur
Legislator
In fact, among the most important things that we can be doing, but at the same time, making sure that the sense of community that these LGBTQ kids, which is so crucial to them, has preserved.
- Rick Chavez Zbur
Legislator
And I don't really wanna just leave it to the companies to basically say, and trust them that there's gonna be some- that there's gonna be some aspect of what's happening on social media that is gonna conform to the bill. So I just wanna lay all that out. Obviously, would welcome a response.
- Rick Chavez Zbur
Legislator
I will be voting for the bill today, but it's in part because Aye, you know, I know how important all kids are to you, including the LGBTQ community and that, you know, you've made such a an energetic, effort to reach out to the community and to me and to other members of the LGBTQ caucus.
- Josh Lowenthal
Legislator
You know, assembly member, there's literally nothing that you have said that I'm not just fully aligned with and share the exact same priorities on. So because of that, I have to continue to engage with key stakeholders that have, you know, really changed the culture of California for all children and all families.
- Josh Lowenthal
Legislator
And I am committed to continuing to work with anyone and everyone, but particularly with LGBTQ, leaders who who, share a deep concern that this could put any children in a worse place than they are right now. It it is vitally important. That's why we don't approach this bill with simple thumbs up or a thumbs down.
- Josh Lowenthal
Legislator
We need- We need collaboration. We need to have those conversations. As you were speaking, I shared the same goals. We want moderate use. We don't want nothing.
- Josh Lowenthal
Legislator
We don't want extreme. We want that level in a in a moderate place. And why? Because a 13 year old brain, a 14 year old brain, 15 year old brain doesn't have the prefrontal cortex development to ascertain what they're doing and what the impacts are on themselves the way that we do. And that's a scary place for young people to be without oversight.
- Josh Lowenthal
Legislator
So I- I think we have to really maybe hone in on the mandate, the legal mandate that we're setting up for the Esafety Commission to require that safety also includes the mental health of young kids from marginalized communities that need connection. And- And that is a component of safety. It's a component of safety to me. And so we need to think about how we can immortalize that in a meaningful way. But I do wanna also offer something else.
- Josh Lowenthal
Legislator
We're in a situation right now as the assembly member from Orinda pointed out where parents don't know what to do. And that means they're kinda letting their kids online in certain ways, maybe a limit time, maybe maybe just weekends, maybe we'll kinda figure that out. But we have a collective action problem because these safe places for LGBTQ, for for disabled youth, for kids from rural communities, they don't know where to go because right now, everybody is on the addictive ones.
- Josh Lowenthal
Legislator
It's incumbent upon the legislature to help make sure that there are safe ones and do what it takes to make sure that kids are finding communities in those safe places. That is my commitment to you, mister Zbur..
- Josh Lowenthal
Legislator
And we will continue down that road, and, I would love to continue to work with you on this.
- Rick Chavez Zbur
Legislator
Thank- Thank you. I think- I think the thing I would ask is as you move forward that you look at things that can be done in the bill to make sure that there are safe places that kids in the 13 to 16 year old age groups can access.
- Josh Lowenthal
Legislator
Yeah. Yeah. And and and just one last thing. There are some things where you limit time is- is still not a great thing. Sending a kid into the casino to play blackjack just for an hour, probably still not a good thing.
- Josh Lowenthal
Legislator
Just allowing you to buy this gun just once, probably not a good thing. We- We still need to make sure that that we listen to the pediatric community. We're listening to the scientific community, the education leaders that are telling us it's bad for all children. We need to do it in a way that, that preserves the mental health for all Californians, all Californians.
- Ash Kalra
Legislator
Thank- thank you. Any other question or comment? I'm gonna allow the- I know the witness wanted to mention you're chomping a bit to say something about the First Amendment issue for the record. Please go ahead.
- Aaron Mackey
Person
Thank you, chair. Again, Aaron Mackey with the Electronic Frontier Foundation. I know we're here today talk about the First Amendment. And just to respectfully disagree with the analysis that, is provided for this committee, I would say that, the level of scrutiny that, this bill would be subject to under the First Amendment is likely to be strict scrutiny because it bans an entire medium of expression, from youth.
- Aaron Mackey
Person
And so it would have to be shown to be narrowly tailored to the government's compelling interest and that there were no less restrictive speech, restrictive alternatives.
- Aaron Mackey
Person
And under that analysis, this bill would fail because a ban doesn't allow for any alternatives. And then even if the test if the court were to find that this is a content neutral speech regulation, I think it's a lot to hang your hat on the Eleventh Circuit's non presidential stay decision, which is not a merits decision. We're still awaiting that decision. But even so, I think the test that was discussed in the analysis is wrong. It's a compelling government interest that must be narrowly tailored.
- Aaron Mackey
Person
It's not just an incidental restriction. This, again, is a flat out ban. So you have to justify that as being narrowly tailored. And, again, because it's so over inclusive, it completely bans it and doesn't allow teens, 16 to access it. That again would likely fail, intermediate scrutiny.
- Aaron Mackey
Person
So I I think that the analysis is, both misleading and perhaps incomplete.
- Rebecca Bauer-Kahan
Legislator
Just because, as we know, I'm always here to defend staff who write brilliant analysis and work deep into the night as I'm sure my staff was writing me at 2AM when they were doing this, as I'm sure yours was as well. And so I don't believe it's misleading.
- Rebecca Bauer-Kahan
Legislator
And in fact, if you look, listen not to the witness, but actually read the case law, which I will say my chief consultant read every single case in the ninth circuit on this topic, this is absolutely in line with the way that we need to narrowly tailor it to be content neutral to get intermediate scrutiny to deal with the actual features rather than the speech itself. And I absolutely believe it will pass scrutiny.
- Ash Kalra
Legislator
Any other questions, comments? Okay. I- I will- I agree with our privacy chair and with our committee consultants that I do believe is narrowly tailored. However, ultimately, courts are gonna decide that. I mean, there's no doubt this will eventually end up in- in the courts.
- Ash Kalra
Legislator
And so I think, you know, everyone's gonna have their opportunity to have their day in court when it comes to that. I- I think that, ultimately, I- I- I think it's so important what you're doing Assemblymember Lowenthal. This is groundbreaking. It's- It's uncharted territory for so many jurisdictions around the world that are delving into this because this is something that is new that, you know, to hear from the witness. I mean, high school was hard enough before we had all this.
- Ash Kalra
Legislator
And to think about what what young people have to deal with now and and what they're inundated with. And the reality is I believe and the data has shown that even if we consider those that feel isolation and may need some kind of outlet for that, I believe the way that the algorithms right now are designed and the addictive fees are designed by social media, it creates far more isolation from those that may otherwise not feel isolated even amongst adults.
- Ash Kalra
Legislator
And because I know there have been comments that, well, adults also go through this. Yes. They do.
- Ash Kalra
Legislator
Adults get gambling habits. They get into addiction. But we're talking about our responsibility as a village to protect our youth, to protect our children so that they don't go down that path as a young person or when they get into adulthood. I I think that that's part of our responsibility here and what separates or allows us to delve into these constitutional questions is because of the overwhelming governmental interest to protect our youth.
- Ash Kalra
Legislator
And, you know, one thing that was mentioned by a couple folks, you know, about corporations and about corporations need to have empathy.
- Ash Kalra
Legislator
The reality is, and I've said this before in other context, corporations don't have empathy. They don't love people. They don't hate people. They have a mission to make money, and that applies to everything that happens in this building when we hear corporations give their perspective. We've gotta put that filter on.
- Ash Kalra
Legislator
It's so important. Absolutely want them to come to the table, but it's gotta be a table that we are inviting them to with our interest in protecting our youth, in this case, protecting our youth in mind. If they so choose to come to that table, yes. Absolutely. But it's gotta be on our terms in terms as was mentioned by our privacy chair in terms of we set the regulations that they have to abide by.
- Ash Kalra
Legislator
Now they may have very productive feedback, and- and I'm sure they do. But, again, it's gotta be for the interest the the the interest that we have, the public interest that we have. I believe, and I think Assemblymember Zbur raised really important questions about those under 16. And what I will say to that is that the market will adjust. These social media companies have a great interest of still having access to people under 16 even if, again, they have to have platforms that don't have the addictive feed.
- Ash Kalra
Legislator
That's what this is about. It's the addictive nature. They can still have platforms that have access to people under 16, and they're going to want to. But why? Because of marketing.
- Ash Kalra
Legislator
They're gonna wanna get their social media platform before young people, before they're able to access it when they're 16 in a non restrictive manner. So if you think that these social media companies are just gonna take off and leave town and and not have platforms available to under 16, I- I think that there's a complete misunderstanding of of how corporations will want to market to young people.
- Ash Kalra
Legislator
So I don't worry about that as much, although I think it's an important enough question that it does need to be I think if we- we talk about this advisory commission, I think it's an important enough aspect of the advisory commission to have as a ongoing agenda item to make sure we don't have that isolation from our youth. Because every issue raised by Assemblymember Zbur and- and those that have concerns is completely legitimate.
- Ash Kalra
Legislator
And so, you know- you know, organizations like the Trevor Project and others that I think a lot of us have great admiration for will still be accessible to those under 16.
- Ash Kalra
Legislator
It's the addictive feeds, the addictive nature of the social media. And that's what we have to key in on is that they still can have these- these companies don't have to stop operating. It's just that when they're talking to our young people under 16, they can't get them hooked into those addictive feeds. That didn't exist when social media started because they were still developing those addictive feeds.
- Ash Kalra
Legislator
And yet people had access to it back then without those addictive feeds, and most of those people were- were young, either young adults or under 18, because some of those, like Facebook and others, you couldn't access them unless you were a part of a school.
- Ash Kalra
Legislator
And so they started without addictive feeds reaching out to young people. They know how to do it. They can do anything. That's how much faith I have in our tech sector and the brilliant minds that we have. What we can't do is allow them to do whatever they want.
- Ash Kalra
Legislator
And so I would love to be added as a coauthor, and I appreciate and look forward to the continued work, that's gonna be done on this. Would you like to close?
- Josh Lowenthal
Legislator
Thank you, mister chair. I yeah. I couldn't have said it any better. That- That was, encapsulates everything that's in my heart, much less in my mind. Thank you for that.
- Josh Lowenthal
Legislator
You know, I- I- I- I- I don't think I don't like the word ban with all respect to the opposition whatsoever. We're not banning anything. There is no ban in here at all. It is simply saying that if, as a business decision, you are making the business decision to incorporate these addictive features that the pediatric, scientific, educational communities all align on, parent groups all align on, then you may then you are banned from offering that to kids until they're 16 years old.
- Josh Lowenthal
Legislator
It is a delay, much like it is not a ban on riding bicycles or on riding skateboards if we insist that children have to wear a helmet while they're doing that, which is what we do in California.
- Diane Dixon
Legislator
Well, I just was saying it's already existing and how I mean, the US Congress don't- doesn't allow alcohol television advertising for alcohol. It can't. They don't target advertising to children. I mean, it's not like this is such an abstract idea. It is already in existence in how advertising works, approaching communication works to targeted groups.
- Diane Dixon
Legislator
I mean, that's been on the books for decades. So I would like to just see this is just the twenty first century of how we try to protect.
- Ash Kalra
Legislator
Thank you. Thank you Assemblymember Dixon. Thank you Assemblymember Lowenthal.
- Josh Lowenthal
Legislator
I just also wanna say that I'm grateful to the bipartisan nature of this, and we certainly welcome all of you to join the bill. You're all welcome.
- Committee Secretary
Person
Okay. Motions do pass as amended to appropriations. [roll call].
- Ash Kalra
Legislator
Gonna confirm with her just to make sure. Alright. Item four, AB 1722.
- Heather Hadwick
Legislator
Ag Day. Thank you thank you, mister chair and members. I apologize for my casual dress. It's Ag Day, so I've been dealing with cows all morning. I'd like to thank you I'd like to thank the chair and committee staff for working with me on this critical issue.
- Heather Hadwick
Legislator
Rural communities are overwhelmed by high volumes of conflicts with large predators. These predators, such as mountain lions, bears, or wolves, are killing livestock, pets, and people. Currently, the federal endangered species act recognizes a self defense when a person takes a listed animal based on a good faith belief that the action was necessary to protect themselves or another individual from harm.
- Heather Hadwick
Legislator
Unfortunately, it is not clear what self defense standard applies when someone has to defend themselves or a loved one against a large predator protected under the the California Endangered Species Act. Rather than leave it to a court or prosecutor's discretion, California should set a clear standard.
- Heather Hadwick
Legislator
AB 1722 establishes common sense exception to take under the California Endangered Species Act. Under this bill, a person can defend themselves or their family from bodily harm inflicted by an endangered species. AB 1722 will ensure ranchers, hunters, hikers, and people enjoying the outdoors have have certainty that they can protect themselves if they encounter a dangerous predator. I respectfully ask for your aye vote, and I'm joined today by El Dorado County Sheriff, captain Ed Falkenstein.
- Ed Falkenstein
Person
Good morning. My name is captain Ed Falkenstein. I'm here on behalf of sheriff Jeff Wyckoff of El Dorado County in support of AB 1722. Sheriff Wyckoff asked that I convey his concern for public safety following the tragic mountain lion attack involving Wyatt Brooks. That incident is a reminder that while California outdoors are a great asset, they also present real risk. No one should face life threatening encounters without clear, lawful way to protect themselves or their loved ones.
- Ed Falkenstein
Person
The experience of Thailand and Wylet Wylet has impacted not only their families, but the entire community across El Dorado County. It calls on us to act. AB 1722 provides the practical framework to reduce wildlife, human conflicts, while still promoting reasonable stewardship. It ensures that families, hikers, and outdoor workers have clear guidance and the ability to act in good faith if the unthinkable occurs, and we respectfully, urge you to support AB 1722.
- Ash Kalra
Legislator
Thank you. Is there anyone else here in support of AB 1722? Is there anyone here in opposition to AB 1722? Alright. Bring back to committee.
- Ash Kalra
Legislator
We have a motion and a second. Any other questions or comments? Assemblymember Papan.
- Diane Papan
Legislator
I just wanna thank the author for her work in in in this area. It's been a pleasure working with you on the water parks and wildlife side, and I think you've come up with a a good solution. And I'm happy to support the bill, and it's all about self defense, peeps. Thank you.
- Ash Kalra
Legislator
Thank you. Anyone else? Alright. Yeah. Thank you, and thank you for working with the committee on on the the amendments. Would you like to close?
- Heather Hadwick
Legislator
I just respectfully ask for your aye votes. Thank you so much.
- Jessica Caloza
Legislator
Good morning, chair and members of the committee for this opportunity to present AB 2530, and thank you to the committee consultants and staff for all your hard work on this bill. AB 2530 brings the California Fair Notice Act into closer alignment with the Federal WARN Act, an important and timely step towards strengthening protections for workers across our state. We have narrowed the bill, to two provisions. One, this bill will expand the WARN Act to public agencies.
- Jessica Caloza
Legislator
And two, this bill will require private businesses to give notice to their employees if they intend to sell part or all of the business.
- Jessica Caloza
Legislator
At its core, this bill is about fairness, transparency, and dignity in the workplace. When businesses face a difficult decision to downsize or close, workers deserve advance notice so they can prepare, support their families, and transition to new opportunities. AB 2530 is especially significant because it applies to both public and private employers. Too often, conversations about layoffs focus solely on the private sector, but public employers and public employees, as we know, are the backbone of our communities who keep essential services running.
- Jessica Caloza
Legislator
And they also face uncertainty when budgets tighten or programs are reduced.
- Jessica Caloza
Legislator
Affirming that every worker, regardless of who signs their paycheck, deserves the same basic protection and should be should be nonnegotiable. For employers, AB 202530 reduces confusion and administrative burden. Instead of navigating two separate and sometimes conflicting systems, businesses and public agencies can follow a more streamlined and predictable set of rules. Let me be clear. AV twenty five thirty does not prevent layoffs, but it does stop it does not stop the economic realities that businesses and public agencies face and must navigate.
- Jessica Caloza
Legislator
Rather, it ensures that layoffs are carried out with transparency and respect, replacing uncertainty and panic with clear notice and a chance to prepare. In doing so, we ensure that families are not left worrying about how to cover rent, afford groceries, or keep up with their medical bills. And today, I have with me in support of AB 2530 Sandra Barreiro with SEIU California.
- Sandra Barreiro
Person
Thank you, mister chair and members. Sandra Barreiro on behalf of SEIU California. We represent public employees in every jurisdiction across the state. Education employees have a statutorily required minimum sixty days notice of a layoff. But for other public employees, they have to bargain for the amount of notice they receive.
- Sandra Barreiro
Person
So particularly for county and city employees, I've seen contracts with as little as ten days, twenty days, thirty days. This bill wouldn't supersede collective bargaining agreements that provide more than sixty days notice, but it would establish sixty days as the minimum amount of notice required. And less than sixty days isn't enough when more and more workers are living paycheck to paycheck. We're expecting more mass layoffs resulting from HR 1. And, again, many families are one paycheck away from financial crisis.
- Sandra Barreiro
Person
By requiring sixty days advance notice, we also can allow EDD to make sure that they can prepare to process a large influx of claims. And some workers might be able to find a job within sixty days and never be need to file for benefits at all. I respectfully request your aye vote. Thank you.
- Nevneet Perrier
Person
Nevneet Perrier on behalf of the California School Employees Association in support. Thank you.
- Jean Hurst
Person
Thank you, Mr. Chair and members. I'm Jean Hurst here today on behalf of the Urban Counties of California, an association of the state's largest 14 counties, in respectful opposition to AB 2530. AB 2530 seeks to make public agencies subject to the Cal WARN Act without consideration for the incompatible circumstances for local public agencies and their employees. The Cal WARN Act currently re requires certain private employers to provide sixty days advance notice of mass layoffs, relocations, or plant closures.
- Jean Hurst
Person
And while these notifications are intended to protect employees from an abrupt loss of employment or obligation to relocate, local governments do not relocate or close.
- Jean Hurst
Person
Further, as you're aware and your analysis nicely points out, local agencies are already subject to the statutory provisions of the Myers Millious Brown Act, which require local agencies to meet and confer with recognized employee organizations regarding changes to employees' wages, hours, or terms and conditions of employment, including layoffs.
- Jean Hurst
Person
Specifically, the MMBA as well as subsequent subsequent case law and decisions by the Public Employment Relations Board requires that public employers bargain over the effects of layoffs, which includes the following, the number of employees affected, the selection criteria that identifies affected employees, the timing of the layoffs, severance pay and benefits, reemployment rates, and impacts on workload and safety of remaining employees.
- Jean Hurst
Person
Layoffs may be a necessary tool in a challenging fiscal climate, but they cannot be implemented for unlawful reasons, and the mandatory effects bargaining must occur before layoffs are implemented. Simply put, layoffs may not happen without a meeting confer between management and labor. AB 2530 obligates public agencies to a process better suited to the private sector.
- Jean Hurst
Person
It would mandate costly administrative procedures for implementation and provide no additional benefit to employees. As a result, we respectfully request your no vote.
- Aaron Avery
Person
Good morning, mister chair and members. Aaron Avery with the California Special Districts Association, respectfully opposed. Also, on behalf of my colleagues at the California State Association of Counties and the Rural County Representatives of California. Thank you.
- Clifton Wilson
Person
Clifton Wilson on behalf of the Fresno County Board of Supervisors in respectful opposition. Thank you.
- Ash Kalra
Legislator
Thank you. Alright. Bring it back to committee. Any questions or comments? Any motions? We have a motion in a second. Alright. Thank you, Assemblymember, for bringing this bill forward. Would you like to close?
- Jessica Caloza
Legislator
Thank you, chair, for your recommendation, and thank you to the opposition for coming forward. We look forward to reaching out and working with you. And I think, you know, this bill is really important. It provides a floor of basic workplace protections regardless of where you work, public or private sector, which I think is important now more than ever. Respectfully ask for your aye vote. Thank you.
- Ash Kalra
Legislator
We'll place that on call. Thank you. Is there a motion on the consent calendar? Consent
- Ash Kalra
Legislator
Alright. Placed that on call. And just just to note, the Gonzales bill, item twenty three eighty twenty four eighteen was moved to consent. So that was just butted on as well so you can make a note of that. But before Yeah. And then Assemblymember Stefani, ready to go? Item five, AB 7053. Alright. Whenever you're ready.
- Catherine Stefani
Legislator
Thank you, chair and colleagues. Today, I'm presenting AB 1753, the survivor pathways to safety act. As I've stated before in many committees, when a survivor walks into a courthouse and asks for protection in the form of a protective order, they are not just simply asking for a piece of paper. They are asking for safety. They are asking for peace of mind, and they are placing their trust in a system that promises to protect them and their families.
- Catherine Stefani
Legislator
But too often, that promise is not kept. A survivor goes through the difficult and sometimes dangerous process of seeking a restraining order. They follow the rules. They show up in court. They take the steps that the law requires.
- Catherine Stefani
Legislator
And when the order is granted, they believe they are finally safe. Yet in too many cases, the person who threatened them still has access to a firearm and the danger remains. We know that people who are legally required to surrender their firearms do not always do so. And in one investigation, only one out of twenty five armed abusers provided proof that they had turned in their guns as required by law in a protective order system. It's not just a compliance issue.
- Catherine Stefani
Legislator
It's a public safety failure that puts lives at risk. Just two years ago, a couple who had gone to court to extend a restraining order were targeted and killed by the very person they were seeking protection from. They had done everything the law asked of them, yet the system failed them. That tragedy is a painful reminder that a protective order must be more than a promise on paper. It must be backed by a system that works every time.
- Catherine Stefani
Legislator
That is what AB 1753 is designed to do. Our protective order system must work. Hard stop. End of story for me. This bill closes critical gaps in how protective orders are enforced and how firearms are kept out of the hands of people who pose a threat to others.
- Catherine Stefani
Legislator
First, it strengthens firearm prohibitions for individuals who have demonstrated dangerous behavior, including those convicted of hate crimes or criminal threats against schools, houses of worship, or medical facilities. When someone targets a community or makes credible threats of violence, we should not allow them easy access to weapons. Second, it improves coordination between courts and law enforcement so that when a protective order is issued, there is a clear and reliable process to determine whether the restrained person has firearms and whether those firearms have been properly surrendered.
- Catherine Stefani
Legislator
Third, it makes the system more accessible and safer for survivors by allowing remote court appearances, strengthening enforcement of protective orders issued by tribal courts and other states, and ensuring that victims are promptly notified when protections are put in place on their behalf. Taken together, these changes make our protective order system more consistent, more accountable, and more focused on safety.
- Catherine Stefani
Legislator
At its core, this bill is about closing the gap between what the law promises and what survivors actually experience. A restraining order should never create a false sense of security. It should provide real protection backed by real enforcement. Because when someone takes the courageous step step of finally asking for help. The system has a responsibility to respond with action.
- Catherine Stefani
Legislator
Every survivor deserves to live free from fear. Every family deserves to know that the law will protect them, and every community deserves to be safe from preventable gun violence. And AB 1753 moves us closer to that goal. And with me today is Ethan Murray with Giffords.
- Ethan Murray
Person
Chair Kalra, members of the committee, thank you for the opportunity to testify today. My name is Ethan Murray. I am a state policy attorney for Giffords, and we are the proud cosponsor alongside the attorney general's office of AB 1753. In 2020, Zachary Rahimi assaulted his girlfriend and agreed to a domestic violence restraining order in Texas
- Ethan Murray
Person
in order that legally prohibited him from having firearms. But Texas had no system to ensure he actually gave those firearms up, so he didn't. Over the following months, he shot at a bystander, fired an AR 15 into a home, and opened fire on multiple occasions in public. It took nearly a year before law enforcement finally removed his guns. The Supreme Court ultimately upheld the federal law that prohibited him from having firearms.
- Ethan Murray
Person
That legal victory couldn't undo the harm caused by a system that failed to implement his orders. That is the problem AB 1753 seeks to solve. And California is closer than any other state in the nation to solving that problem. 2023, nearly 290,000 protection orders were reported to the California Department of Justice.
- Ethan Murray
Person
Over the past decade, the legislature has built the infrastructure to back those orders up, consistent relinquishment procedures, prosecutor referral processes for noncompliance when people don't turn over the firearms and expand the remote hearing access so survivors can seek protection safely.
- Ethan Murray
Person
A B 1753 completes that decade long project, extending remote hearings to the two order types that are left out, requiring prosecutors to have written policies for noncompliance, and giving judges authority to search the Department of Justice automated firearm system in any civil protection order cases, not just domestic violence cases. And critically ensures that no survivors forced to tip-off their abuser before seeking emergency protection when safety is a concern. That exemption already exists for domestic violence or shorter restraining orders. We respect oh, thank you.
- Ethan Murray
Person
California has proven that these tools can save lives. AB 1753 is how we take the next step in ensuring that work continues, and we respectfully ask for your aye vote.
- Timothy Madden
Person
Thank you, chair and members. Tim Madden representing the California chapter of the American College of Emergency Physicians and Support. Thank you.
- Clifton Wilson
Person
Clifton Wilson on behalf of the city and county of San Francisco in support. Thank you.
- Ash Kalra
Legislator
Thank you. Your facts. Is there anyone here in opposition to AB 1753? Alright. We'll bring it back to committee. Any question, comments, motions? and a second. Yes. Assemblymember Dixon.
- Catherine Stefani
Legislator
Yes. Oh, okay. Yeah. We worked to make sure that Okay. We had a bill that.
- Diane Papan
Legislator
I just wanna thank you for the common sense approach. It looks like not huge tweaks, but can really promote safety and ask to be added as coauthor.
- Rick Chavez Zbur
Legislator
I also wanna thank the author and would love to be added as a coauthor.
- Ash Kalra
Legislator
Yeah. I also wanna thank the author. One of the leading causes of death for women. If you look at the data from '18 to '44, one of the leading causes of death is homicide. It's usually a partner.
- Ash Kalra
Legislator
One of the leading causes of maternal death is homicide. And so men have a problem. They have a serious problem when it comes to violence against their partners. And the reality is in situations like this, we have to give every opportunity for someone to get protection. This is a gap that exists.
- Ash Kalra
Legislator
I think the laws have been structured in a way that's protective, but this is a gap. It's clearly a gap that's been identified by some of her Stephanie, and I appreciate you for continuing to be such a a powerful leader on gun violence prevention. But in our legislature, I would also like to be added as a coauthor. Would you like to close?
- Catherine Stefani
Legislator
Thank you, chair, for those comments. I appreciate it, and thank you to the members who asked to be added as a coauthor. As Ethan mentioned, 293,000 protective orders. Can you imagine what those people are going through? Look what happened last weekend.
- Catherine Stefani
Legislator
Eight children killed, but in Virginia, what happened? We have a real problem on our hands. And this legislation really takes a look at our protective order system. And I can't thank Giffords and the Department of Justice enough for working on with me to make our protective order system work, for those who need it. I respectfully ask for an aye vote.
- Ash Kalra
Legislator
Yes. I think so. Okay. We have file item two, AB 1609 Assemblymember Zbur. We have a motion. Is there a second? Alright. Hold hold. Okay. I need a second. Alright. Go ahead.
- Rick Chavez Zbur
Legislator
So my witness is running over from another hearing, so hopefully he'll get here in a second and to make sure I've got the right bill. Okay. I do. Thank you. Thank you, mister chair, members.
- Rick Chavez Zbur
Legislator
I'm proud to present AB1609 today sponsored by the Communication Workers of America District Council nine. This bill restores a basic expectation. When Californians need help, especially with essential services, they can reach a real human being in a reasonable amount of time. Technology should not technology should make life easier, not block people from getting help. During the COVID pandemic, I spent more than four hours on hold on on a phone trying to get medication for my then 98 year old mother.
- Rick Chavez Zbur
Legislator
After getting nowhere and being on hold that long, I ended up driving to the pharmacy to deal with the situation myself and actually showed them how long I'd been on hold that day as they were not answering the phone.
- Rick Chavez Zbur
Legislator
I was forced to go out in public at the height of the pandemic, risking contracting COVID myself and bringing that back back into the home, exposing my then 98 year old mother to that at a time when there were no vaccines in which I was doing everything I could to, make sure that, I was protecting her. That could have been prevented if we'd been if I had been able to reach a human being. It's not only COVID that makes this an issue.
- Rick Chavez Zbur
Legislator
People are trying to get to basic services, basic medication.
- Rick Chavez Zbur
Legislator
People are house people that are housebound and need to drive to a location, they need to have the ability to get their needs met. Today, too many people are trapped in phone trees, AI chat box, endless hold times when dealing with health care, utilities, housing, and travel emergencies. Being able to reach a human customer service agent can be critical or life threatening at times.
- Rick Chavez Zbur
Legislator
Customers needs to be able to promptly fill a medication to prevent their utilities from getting shut off and to access time sensitive information for scheduling purposes. AB 1609 ensures meaningful access to live assistance by requiring large businesses.
- Rick Chavez Zbur
Legislator
This only applies to businesses with revenues of over half $1,000,000,000 a year to offer access to a live human representative during business hours. Limiting hold times, the bill also limits hold times after telephonic call or an online customer service inquiry is answered, requires transparency, including clear disclosure of AI use and prohibiting AI from being presented as human, and it and requires prominently displaying a phone number if one is made available for live assistance. AB 1609 does not ban automation.
- Rick Chavez Zbur
Legislator
AI can be an effective tool in facilitating efficient responses, but studies also show that AI and automated systems consistently underperform or fail to resolve more complex difficult issues. Under this bill, businesses may continue to use AI and and automated systems.
- Rick Chavez Zbur
Legislator
However, automation cannot replace real and vital workers or be used as a barrier to prevent people from reaching prompt effective help. This bill not only provides needed custom customer protections when customer service is needed, it also recognizes the critical importance of human workers. With me today and speaking momentarily, the CWA District Council nine, who is the sponsor of the bill.
- Rick Chavez Zbur
Legislator
I'm proud to be joined by CWA as they have a long and laudable history of bargaining over new technologies, limiting their negative impacts on workers, customers, and the public while ensuring that workers win their fair share of the economic gains that new technology can achieve. Today, you'll hear from opposition that there continues to be some concerns with this proposal.
- Rick Chavez Zbur
Legislator
I also believe you'll hear how hard we have worked with them, communicated with them, listened to their concerns, and tried to address their concerns. And we're still committed. We understand that this is a work in progress, and we're committed to continuing to work with, with the various stakeholders.
- Rick Chavez Zbur
Legislator
I amended AB 1609 significantly in the privacy and consumer protections committee to address high level concerns with prior versions of the bill and to show that I've been and will continue to work in good faith with all the stakeholders. Some of the amendments included adding reason a reasonable effort standards, extending the time thresholds at all levels of the bill.
- Rick Chavez Zbur
Legislator
It is now fifteen minutes with an hour, of, composite hold time once a once a bill is added. Adding a callback option, clarifying in certain terms that this proposal is not requiring telephonic customer service if that is not currently offered in an online customer service platform, adding a new exception for unforeseen circumstances where specific time frames cannot be met, not because of the of the of the fault of the business.
- Rick Chavez Zbur
Legislator
We've also accepted the chamber suggestions regarding hours of operation, limiting it to extending to the existing ten hours during existing operating hours for those businesses. Mister chair and members, this bill is simple. Given the accelerated deployment of AI and increasing difficulty in trying to reach an actual person, this bill ensures that we can talk to a human when we most need customer service support.
- Rick Chavez Zbur
Legislator
I ask for your aye vote at the appropriate time and with me today to testify in support of the bill. And I wanna thank Ignacio for running from the other as Ignacio Hernandez representing the bill sponsor Communication Workers of America District Council nine.
- Ignacio Hernandez
Person
Thank you. Thank you, mister chair, members, and author. I ran up from 01:26. I just saw him there. I'd like to still run up four flights, so I'm pretty happy about that.
- Ignacio Hernandez
Person
Ignacio Hernandez on behalf of Communication Workers of America District nine, which represents California, Nevada, Hawaii, and Guam. We are sponsors of this measure. I think the core issue which you heard right now is that we all have individual experience of calling or going on a chatbot, trying to resolve an issue with whichever company we're dealing with. And all of us have found ourselves in the endless loop of trying to get our questions answered.
- Ignacio Hernandez
Person
Typically, it's because the way the formulas are drafted up, we don't fit in the boxes that they have for us.
- Ignacio Hernandez
Person
So we need to talk to a live person. And too often, we get stuck, on hold or going through endless phone trees. Happens to all of us. As I said the other day, it happened to me two weeks ago, and every time I would try to get to a live person, it would hang up on me. So I'd have to start over again.
- Ignacio Hernandez
Person
This is not just a matter of convenience. This is a matter of resolving issues that people need to resolve in a timely manner. Oftentimes, there are workers who are calling in, who are calling during their lunch break or their, their meal break or their ten minute break because that's the only time that they can call to resolve some of these issues. So the this time matters to them.
- Ignacio Hernandez
Person
On the flip side of it, our workers do a lot of this call center work, and we have been fighting to keep our jobs, not just to protect, ourselves and our families, although that's a part of it.
- Ignacio Hernandez
Person
But it's also because we know that customers wanna hear from real people, and they wanna be able to talk to somebody whether they're going through a chatbot. They wanna be able to press a button and get to somebody as quickly as possible to resolve their issue. We know there are nuance nuances that only workers can resolve. We all appreciate technology. We appreciate the advancements in technology, but we can't lose our humanity.
- Ignacio Hernandez
Person
And we can't lose the fact that there is a need for human interaction when it comes to solving problems. That's what we all do here in the legislature is we solve problems. And folks who answer call center work or respond online to a customer, that's what they're trained to do is to solve problems. For those reasons, we ask for your support of the dog.
- Brooke Benetti
Person
Thank you. Hi. Brooke Benetti with Kaiser Advocacy in support on behalf of the California Low Income Consumers Coalition.
- Elmer Lizardi
Person
Thank you. Thank you, chair and members. Elmer Lizardi with the California Federation of Labor Unions in strong support. Thank you.
- Jp Hanna
Person
Morning, chair and members. JP Hanna on behalf of the California Nurses Association in support. Thank you.
- Edward Howard
Person
Good morning, chair and members. Ed Howard on behalf of the United Food and Commercial Workers Union Western States Council in strong support.
- Laura Bennett
Person
Good morning, Mister chair, Members. Laura Bennett on behalf of the California Chamber of Commerce in opposition to AB 1609. Gonna do my best to substitute for Ronak Daylami. She's the expert in this area, so give me some grace. I'd like to start by thanking the author for the amendments taken last Thursday in Privacy Committee.
- Laura Bennett
Person
These are meaningful amendments and are a step in the right direction on several of the issues we raised. Thank you for hearing us. However, we still have significant concerns we are continuing to review with our membership. For purposes of this committee, we'll focus on a couple of issues. First, adding the good faith standard and expandable expanded hold times noticeably improved previously inflexible, if not cost prohibitive requirements but these aren't fixes per se.
- Laura Bennett
Person
As the committee analysis suggests, defining ambiguous terms such as good faith among others would allow for better compliance and implementation and assist in addressing some of our issues as it is unclear how the AG would measure good faith from an enforcement perspective. Even if more feasible than previous versions, these limits will still impose significant burdens and costs on businesses with $10,000 fines for isolated agent errors under the new liability structure in addition to the open ended blank check authority for AG regulations.
- Laura Bennett
Person
Beyond these issues, I do wanna reiterate for the record in this committee, as we did in the last, it is important to not only provide as much flexibility as possible in terms of mechanisms by which support can be provided, but also to avoid the implication that telephonic support must be one of those mechanisms.
- Laura Bennett
Person
Additionally, it's important to preserve the ability for companies to use automated systems such as chatbots to address and route customer concerns prior to escalation to a human where appropriate, as well as preserve and express exemption for employees and B to B communications. We think partial solutions have been offered in some of these issues, but not full complete solutions.
- Laura Bennett
Person
In close, we remain concerned about a one size fits all approach across broad and different industries and are still evaluating how the revised language addresses that threshold concern. Should this bill move forward today, we look forward to continuing to work with the author, but must respectfully oppose the measure in its current form.
- Chris Shultz
Person
Good morning. Chris Schultz with the California Bankers Association. Banks and credit unions have an opposed and less amended position. Federal government the Federal Government sets bank holidays and others and other than bank holidays, banks and credit unions must have their doors wide open so customers can walk in and be served in person and withdraw their money. We encourage the author to narrow the bill to target only those businesses where the customer service standards are not otherwise established by another regulator. Thank you.
- Ash Kalra
Legislator
Okay. I'll take that as a second witness testimony. Everybody else, name, organization, and position?
- Naomi Padron
Person
Good morning, chair and members. Naomi Padron on behalf of California's Credit Unions. We would echo, the comments made by the California Banking Association and then also on behalf of the Computer and Communications Industry Association. We have a position of respectfully opposed. Thank you.
- Annalee Akin
Person
Annalee Augustine with the Civil Justice Association. Respectfully opposed, but appreciate the mic.
- Yarelie Magallon
Person
Yarelie Magallon with Political Solutions on behalf of the California Travel Association. Respectfully opposed.
- Jose Torres
Person
Good morning, chair members. Jose Torres with TechNet in respect for opposition.
- Jacob Brint
Person
Good morning. Jacob Brint with the California Retailers Association. We have no position on this bill but wanted to come and say we while we do maintain some concerns, we really appreciate the author's office working with us on it.
- Ash Kalra
Legislator
Thank you. And I just wanna say, you know, Senator Zbur opened up by a whole list of things he's already done knowing that it wasn't gonna remove opposition, but understanding that, look, you know, there's things that can be done that still hold on to the core intentions of the bill, but understand the realities of business as well.
- Ash Kalra
Legislator
And so, I just wanna show appreciation to the author for doing that, knowing that, like, you know, there's might be some more work to do, but I think there's already been a tremendous amount of work done on those amendments. You know, some of which, like, you know, I think are pretty big gifts, but I think still maintain your underlying kind of premise as to why you bought this bill forward. Senator Bauer Kahan?
- Rebecca Bauer-Kahan
Legislator
I totally accept a you've gotta follow-up with Roe because I understand you're filling in. So we're gonna start there. But I have to bring up the good faith standard because, honestly, that was a committee that was made in or amendment that was made in my committee at the request of the committee. I it was, you know both my position, but a lot of members in the committee's position that a hard fast time was just gonna be frankly untenable for businesses because like, think about the holidays.
- Rebecca Bauer-Kahan
Legislator
Right? And so I guess we thought good faith was really in line, and I think it's inappropriate to have the conversation here, so I'm sorry you're the one having to have it with us, that it was in line with precedent around reasonableness. That really what the court would do, and therefore the AG, is put a reasonable business standard on that.
- Rebecca Bauer-Kahan
Legislator
And so, obviously, if you maintain, you know, certain standards and they're good enough, but something happens, there's an outage, and all of a sudden your time go up. Like, you are complying with good faith.
- Rebecca Bauer-Kahan
Legislator
So I just wanted to say that because it was you know, it definitely is weaker than hard and fast limits, and I think it not as strong as the author wanted, but we thought really helped go a long way in helping business meet where they could, you know, uphold some standards and get some grace when things went awry. So I guess when you said in your testimony, you know better definitions, are you offering some clarity around that?
- Rebecca Bauer-Kahan
Legislator
Or is the chamber, I guess, I should say and I apologize if there's no answer I understand.
- Laura Bennett
Person
Thank you, Assembly member, for the question. We definitely are looking at that to look at those definitions to see how we would suggest. More clarification as it relates to not only that one, but the other two definitions that are asked from the amendments from this committee.
- Diane Papan
Legislator
That's actually what attracted me to the bill. There was some good faith effort, and it wasn't totally hard and fast because you do need some liberality and things can happen. So I'll be supporting the bill.
- Diane Dixon
Legislator
Thank you. You know, it's ironic. I've just been dealing with this very same situation, trying to reach a Medical Physician at a university because I have an eye infection that just happened since I've been here and I can't get to the doctor. And I've been dealing with I think it's a human, but someone who is responding. I literally just got a response.
- Diane Dixon
Legislator
I said, would someone please answer me? I sent my picture of my eye, and I did get a response from a doctor. Having said that, and I think we've all experienced that. I'm just thinking extrapolating large business. Mean, we've all sat on hold calling the airlines.
- Diane Dixon
Legislator
I mean, are you telling the airlines that they even during a Christmas holiday, whatever holiday period, or there's a tornado, or there's a weather condition, and all the flights are canceled that they can't I mean, how would they accommodate that? I agree with the sentiment, the message, to encourage all businesses to respond to customers. I mean, it's in their best interest to keep their customers happy and responsive. I mean, in many companies, we deal with online, and then I can't get anybody in.
- Diane Dixon
Legislator
It's an off hour. They don't answer on Sundays when we're usually have the time to do something. And I'll send an email, and I'll get a response. We've received your email. And then the next morning, I'll get a response. Yeah.
- Diane Dixon
Legislator
It's not instantaneous, but I'm happy with that. A medical condition, I finally got a response by a human, and so I'm happy. I just I don't like overregulation of business. One more rule on business large or small. I would just like the message to be business, be more responsive to your customers, and try to achieve the greatest response fastest response time temp possible.
- Diane Dixon
Legislator
I just don't know when we have adverse weather conditions, tornadoes, fires, if people are gonna be waiting online, I hate to see a lawsuit because of that. So I'm glad you're working and trying to find. There's so many permutations about waiting. None of us have the patience to wait. I agree.
- Diane Dixon
Legislator
And for medical conditions, for your mother, for my eye, I like immediate response. But I think we have to accommodate more precise if it's chat box, okay, they should declare that it's a chat box. Some do. Anyway, I just think we're all we're trying to force all these regulations on businesses as things are becoming automated. Some things, as we've heard this morning, are not are not good for the user.
- Diane Dixon
Legislator
Some things can be better. Let's go try to make it better. That's all. I just hate regulations on business. So thank you.
- Diane Dixon
Legislator
I appreciate what you're trying to do, though. I sympathize. Thank you.
- Rick Chavez Zbur
Legislator
So the, so we have, we did agree to an exception that basically, does not make it a violation if the not meeting the standards in good faith is due to unforeseen circumstances. So, it was originally an emergency exception, and we actually even brought it into doubt in the proof of privacy committee. So there is a and sort of the way I look at it. So the first thing, by the way, is this doesn't include a private right of action.
- Rick Chavez Zbur
Legislator
So we have public prosecutors that are actually looking at this.
- Rick Chavez Zbur
Legislator
And I think given the good faith standard and the unforeseen circumstances standard, what is likely to happen is that a prosecutor is not gonna bring a case where there's some isolated time where a company has, you know, messed up once or twice or, you know, it's a particularly busy season. They're gonna look at whether or not, overall, they're complying with the basic thrust and intent of the act because you've got these exceptions in there.
- Rick Chavez Zbur
Legislator
And no I don't think there's gonna be any public prosecutor that's gonna bring a case except for cases where a company really is not even making a good faith effort to try to comply with these things. So I think the risk of litigation is actually relatively low. And what this does is it sets out a set of standards.
- Rick Chavez Zbur
Legislator
And what we're intending to do is set out a set of standards so that companies are designing their systems to comply with them and to provide a way for people to get to human beings when they need it.
- Ash Kalra
Legislator
Any other questions, comments? Thank you, Assembly member for bringing this forward. We have bills to protect youth and protect this I call this to protect our sanity bill. Yeah. You know?
- Ash Kalra
Legislator
And I do think that, you know, look, it's about being cost efficient for businesses. And I think there's a lot of efficiencies that have been created by AI and chat bots and the messages, hey, we'll call you back in forty-five minutes. You can hang up and have them call back. So those are all creating cost efficiencies for businesses. I think the least we can expect of them is to be a little bit better in getting someone on the line.
- Ash Kalra
Legislator
And so I think this strikes the right balance. Would you like to close?
- Rick Chavez Zbur
Legislator
No. I think we're just committed to continually working with all of the business stakeholders and others. You know, I know that the chamber was working on specific amendments at one point, and Irecognize the challenge that that presents for them given the broad range of their membership in coming up with something. But we are open to any specific, recommendations to consider, and we'll continue doing that. So with that, I respectfully ask for your aye vote.
- Ash Kalra
Legislator
We'll place that on call. We're gonna have Assembly member Calderon up next, and then I think there's gonna be, like, five bills consecutively or in whatever order they choose from Assemblymember Calderon and Wicks. And so, they can- I think they have one they wanna present together, so we'll do that after the Calderon bill.
- Ash Kalra
Legislator
Assembly Elhawary. Just wanna give you a heads up. There's gonna be, like, five more bills after. Thanks. Alright.
- Ash Kalra
Legislator
So whenever you're ready. We have a motion. Is there a second? And a second? Okay.
- Lisa Calderon
Legislator
Good morning, mister chair and members. I'd like to start by thanking the committee for working with my staff on this bill, and I will be accepting the committee amendments. Variety of symptoms, including physical, emotional, and cognitive changes. Women make up roughly half the population, and about fifty seven percent of women are participating in the workforce. Meaning menopause will impact a significant portion of employees during their careers.
- Lisa Calderon
Legislator
Unfortunately, workplace standards have historically been designed without these real real realties realities in mind. AB 1940 does not create a new protected class. It simply clarifies existing law. Menopause is already understood to be protected under the definition of sex in the Fair Employment and Housing Act, but without explicit language, many women are unaware of their rights. By naming menopause directly in the statute, we are making it easier for women to understand their rights and request reasonable accommodations without fear of discrimination.
- Lisa Calderon
Legislator
Rhode Island recently passed similar legislation, and it's time for California to do the same. Supporting workers during this transition promotes economic equity, strengthens workforce retention, and ensures we retain experienced employees who are vital to our economy. AB 1940 raises awareness and provides clear protections so employees can continue to contribute fully and fairly in their roles. This bill got out unanimously in the Assembly Labor Committee, And today, I have two witnesses in support of AB 1940.
- Lisa Calderon
Legislator
I have Alex Zucco with the California Commission on the Status of Women and Girls and Ryan Spencer with the American College of OBGYNs.
- Alex Zucco
Person
Good morning. Good morning. My name is Alex Zucco. I'm the director of policy and, legislation for the Commission on the Status of Women and Girls and proud cosponsor of AB 1940. As Assemblymember Calderon mentioned, when the Fair Employment and Housing Act was first written, women were not as prevalent in the workforce.
- Alex Zucco
Person
And today, women and women were regularly kept out, but with the changing economy that not only requires women, but due to a lifetime of being paid less than their male counterparts, requires them to work much longer. Our systems were not written with women in mind. No two women will experience this time the same, but every single woman lucky enough to reach that age will be affected. Menopause does not care about your education, your zip code, your job title, duty statement. What it does require is our attention.
- Alex Zucco
Person
Adding these to the list of normal life events, unlike the accommodations made for child childbirth will not be experienced by every woman. Menopause will. It reduces explicitly placing this in the workplace can help with, women understanding what their rights are to be covered under the creep, reasonable accommodation process. This is simply something that putting a fan on a woman's desk is gonna solve.
- Alex Zucco
Person
Further, including these in the, office of community partnerships and strategic communications, is essential because it continues to bring this out of the shadows and it makes it an essential part of the communications women receive to know their rights.
- Alex Zucco
Person
Research further shows that the menopause related challenges have contributed to an estimated $1,800,000,000 in losses in annual work productivity, potentially leaving women either with reducing their hours or leaving the workplace altogether. Every time I was pregnant, women could not wait to tell me everything about it, where what doctors to get, what books to read. I reached the other side of 45, and it's crickets. Nobody wants to talk about this.
- Alex Zucco
Person
This is yet another long and another long equity based adjustments we need to make to our systems that businesses have been reluctant to embrace and outright opposed.
- Alex Zucco
Person
No different when childbirth was added, accommodations were introduced. We must stop treating this as a punch line and the medical issue it is. For over sixty years, the commission has worked to provide gender equity, vote yes on ab 1940.
- Ryan Spencer
Person
Thank you. Thank you, mister chair, members of the committee. Ryan Spencer on behalf of the American College of OBGYN's District 9 in support of AB 1940. First, I'd like to thank the author and the committee for the recent amendments and the future clarifications that allowed us to support this important measure and for me to speak today. From a clinical standpoint, menopause is not a single event.
- Ryan Spencer
Person
It is a transition that can last years, often coinciding with the woman's peak professional responsibilities. Many women experience significant symptoms, including hot flashes, sleep disruption, cognitive changes, anxiety, depression, musculoskeletal pain. These are not trivial inconveniences. These can material impact a person's ability to perform at work without support. How often too often these experiences are stigmatized or dismissed.
- Ryan Spencer
Person
As a result, women can suffer in silence, reduce their hours, or even leave the workforce entirely. This this loss not only to the those individuals, but to employers and the economy itself. This bill does two important things. First, it provides legal clarity so that workers experience menopause related conditions are protected from discrimination and have access to reasonable accommodations just as we already do for pregnancy and related conditions.
- Ryan Spencer
Person
Second, it promotes education and awareness to help employers fully understand both the obligations and practical low cost accommodations that can make meaningful differences such as flexible scheduling, typical control, and access to breaks.
- Ryan Spencer
Person
Supporting menopausal women in the workplace is not is not burdensome. It is smart workforce policy, improves retention, productivity, and equity for substantial portion of California's workforce. For these reasons, ACOG is pleased to support AB 1940 and ask for your aye vote. Thank you.
- Violet Swidler
Person
Violet Swidler on behalf of the California Employment Lawyers Association in support.
- Andrea Lynch
Person
Good morning. I'm Andrea Lynch on behalf of the California Chamber of Commerce. I want to start by thanking the author, and her staff for meeting with us and the collegial and meaningful discussions regarding this bill. We met again last week and brainstorm a couple ideas we, hope may get at the intent of the bill while addressing your concerns. Although we are still regretfully opposed to the current bill, we want to be clear.
- Andrea Lynch
Person
We support the bill's education outreach goals and bringing statewide awareness to win women, including myself, about available resources for menopause related symptoms. This is not our concern. Our concern is in making menopause a protected characteristic under FHA's general anti discrimination provisions. As the committee's own analysis acknowledges, this goes well beyond the reasonable accommodation framework, and that is precisely the problem and what we, and would be and would set a precedent and be different from how all other medical conditions are treated.
- Andrea Lynch
Person
Protected characteristic status means any termination, demotion, or policy enforcement could be challenged as discriminatory with no functional threshold, no interactive process, and importantly, no requirement to show any impact on work.
- Andrea Lynch
Person
According to a Hiscox Hiscox study, California employers already face a 56% chance of an employment complaint compared to 10.5% nationally. And the average cost for an employer, including small businesses, to defend a single claim exceeds a $160,000. Extending protected class, protected characteristic status to 40% of the workforce with no threshold will significantly drive that exposure higher, especially for small businesses who often do not have the means to defend against these actions.
- Andrea Lynch
Person
We have provided amendments we thought aligned with the author's intent that was grounded in the civil presidential decision and existing fee how reasonable accommodation framework, but we understand that more conversation is warranted. Again, we remain hopeful and eager to continue working with the author on education and awareness solutions that preserve the reasonable accommodation framework. Thank you.
- Ash Kalra
Legislator
Thank you. Is there anyone else here in opposition to AB 1940? Okay. We'll bring it back to committee. We do have a motion. Any further questions or comments? Assembly member Bauer Kehan.
- Rebecca Bauer-Kahan
Legislator
Well, we can be friends because I talk about menopause all the time and maybe I'll go over. But, you know, I just wanna thank the author for this work. You know, this legislature has really taken a hard look at midlife women who have been ignored for far too long, and this is a piece of it. And I think I assume there are conversations to be had because as an attorney, we've had this conversation.
- Rebecca Bauer-Kahan
Legislator
I think that menopausal women are covered under several categories of FEHA, whether it be age, gender, just, you know, disability if they were to have a, you know, something the lowest level of disability is a result of menopause.
- Rebecca Bauer-Kahan
Legislator
And so there are FEHA protections. And so, I think that, you know, we have seen companies and maybe this is the day where I'm lifting up all the positive companies. But Genentech is really leading, for example, in providing these accommodations for women. It's leading to incredible gender equity and women being really satisfied in the workplace. So I think the business case by some of probably your own members is being made for this.
- Rebecca Bauer-Kahan
Legislator
And so hopefully, we can find a common ground, but it is really important that we ensure that women, as they enter this transition, understand their rights because they do currently have
- Rebecca Bauer-Kahan
Legislator
rights under the law as it relates to this. And so I think this is really important. And I will note because nobody made the point already, but it's an important one to understand is that black women go through menopause for a lot longer than white women, which is something a lot of people are unaware of. And so almost twice as long, the transition lasts for black women based on the research.
- Rebecca Bauer-Kahan
Legislator
And so that leads to a lot of things, but it means that not only is this an issue of gender equity, it's also an issue of racial equity, which is something that often goes unmentioned in these conversations, but I think is really important to mention here today. So thank you for I'm honored to be a coauthor and happy to have moved the bill.
- Diane Dixon
Legislator
Okay. I'm a woman. I've been through menopause, and I oppose this bill. I I'm sorry.
- Diane Dixon
Legislator
I'm sorry. I appreciate the Assemblywoman's good intentions. I don't want men to feel intimidated by supporting this bill. I am concerned. I come from business, and I could just imagine, oh, I feel a hot flash today.
- Diane Dixon
Legislator
I can't come into work. I functioned for what the reason people don't know is you don't know when it starts and you don't know when it ends. There's no precise time that says tomorrow you're going to start menopause. You figure it out and you survive. Some people have more symptoms than others.
- Diane Dixon
Legislator
I mean, I've been through those chapter in my life where everybody talks about it and it compares notes. Nobody was disabled. Nobody had to spend a week in bed. Nobody missed a day of work, maybe for a cold, but not for menopause. I just think this puts women in a category where they're fragile and they and they have a hot flash and they need a fan at their desk, which is okay.
- Diane Dixon
Legislator
Fine. I did this. That's fine with paper. You know? And you went, oh, is this menopause?
- Diane Dixon
Legislator
Is this why I'm perspiring? You know, it life goes on. It's been going on for centuries. Women have functioned, and women have thrived, and women are thriving. I just think it makes this little delicate little flowers, and I just I'm going to vote no.
- Diane Dixon
Legislator
So thank you. I appreciate you trying to make things, but put put it in a workforce, a health case, a health care decision. I could just see it now. Oh, I have I have a hot flash. I'm perspiring, and my boss didn't give me a fan. I mean, again, anti business, anti everything that's common sense. So I'm sorry. But anyway I'm
- Diane Dixon
Legislator
Best of luck to everybody if you haven't gone through it. You'll survive.
- Ash Kalra
Legislator
I I feel like I need to leave the room and let the women just it's not gonna happen. Oh, don't be afraid.
- Diane Papan
Legislator
Oh, I'll have no fury like a woman in menopause. In any event, you know what? I actually I take the opposite tact. I do think there needs to be some sensitivity Until you walk a mile in the men in particular, walk a mile in the shoes of women that are going through it
- Diane Papan
Legislator
or have gone through it. You know, there's brain fog. There are a lot of things that there are that are play. And I I agree with some of the member Dixon to a certain degree that you don't know when it starts and you don't know exactly what it is. But I don't I think we've ignored it for too long, and and there are parts of it that can be debilitating.
- Diane Papan
Legislator
So I'm okay with the bill, and I would too would like to be added as a co author. Thank you. Yeah.
- Ash Kalra
Legislator
I meant. Well, anybody else? And and Assemblymember Bauer Kahan and Stefani already are co authors, and we'll add I'll be sure to add to Assemblymember Pappan as well. And I think, you know, Assemblymember Dixon's point, yes. I think she makes a great point.
- Ash Kalra
Legislator
Women have had to endure a lot for a very long time. Just because they've had to endure a lot for a long time doesn't mean they should continue to endure a lot for a long time. And I I think to the and and and the opposition mentions, you know, that's to to have to kind of figure out how to deal with 40% of the workforce.
- Ash Kalra
Legislator
The other way of looking at it is that 40% of the workforce is not being protected for something that happens to them. That's a condition that they can't avoid, and can't ignore.
- Ash Kalra
Legislator
And so I think that, you know, I I think the businesses will adjust. They'll figure it out. I think that most employers are very sensitive to their employees. The these kinds of regulations are in place for those that aren't and need to be and need to do better. Would you like to close?
- Lisa Calderon
Legislator
Yes. Thank you, mister chair and members. I appreciate your comments. And, Assemblywoman Dixon, I've never seen so many men on the dais blush before or actually turn red. So, thank you for that moment.
- Lisa Calderon
Legislator
But I do hear what you're saying and, have been having conversations with the opposition and will continue to do so as this bill moves through the process. And I respectfully ask for an aye vote.
- Ash Kalra
Legislator
Thank you. Assemblymember Connolly, you're sure you have no comments. Right? Anyway, thank you. Yeah. You know what? You know what? Add me as a co author too. We're gonna make this, you know. That's a different kind of bipartisan. Right?
- Ash Kalra
Legislator
Thank you. Assemblymember Krell. Yeah. So, Assembly Crowe, I know you have a couple and you also have one you're gonna present with Wix. So you just decide how you wanna proceed since you you have the run of the show at the moment.
- Maggy Krell
Legislator
Alright. Good morning. I'm here today to present Assembly Bill 2598. Assembly Bill 2598 seeks to clarify responsibility for next of kin notifications when a person dies at a hospital or a skilled nursing facility. Recently, KCRA reported that Dignity Healthcare facilities, including Mercy San Juan Medical Center, Mercy General Hospital, and one skilled nursing facility failed to notify family members of multiple recently deceased individuals.
- Maggy Krell
Legislator
These facilities actually moved the individual's remains to an off site storage facility without letting their loved ones know. Meanwhile, their loved ones were looking for their family members that had already passed away. This wasn't just one or two cases. There were at least a 179 cases of patients with a delayed death certificate of one month or more. In one example, the death certificate and the family notification were delayed by three and a half years.
- Maggy Krell
Legislator
In at least four of these cases, the deceased family had to contact local law enforcement only to eventually discover that their family member had passed away long ago. So what we're doing with this bill is requiring family member notification. We're putting in a penalty structure where the hospital can be fined If they don't, do that notification, the public guardian, will be notified if the family, cannot be identified. And it gives DPH, the enforcement authority to ensure that this is actually enforced.
- Maggy Krell
Legislator
With me today is the sister of Tonia Walker, who tragically died, in a hospital and whose family was not notified.
- Maggy Krell
Legislator
Her name's, Kalia Zachary. She's here to testify today. And then also, this is Anthony Chikotel, senior staff attorney for the California Advocates for Nursing Home Reform. And at the appropriate time, I'll respectfully be asking for your aye vote.
- Kalia Zachary
Person
I'm Kalia Zachary, and I'm here to represent my sister, Tanya Walker. Tanya was admitted to Mercy General Hospital on 10/31/2023 and passed away just two days later on November 2 from cardiac arrest. She died alone with no family by her side, not because we didn't care, but because no one notified us. Even though our mother information was on file, we received no phone calls, no letters, no messages, no attempts at all.
- Kalia Zachary
Person
While my family was desperately search searching for her, reporting her missing, and living in fear and confusion, my sister had already passed.
- Kalia Zachary
Person
She was left in a morgue for over seven months, cold alone without her family knowing. I wanna take a moment. I want you to take a moment and imagine that this was your child, your sister, your mother, or your friend. The pain, the unanswered questions, the lack of dignity is something no family should ever have to endure. And this is not just an isolated incident.
- Kalia Zachary
Person
Families like the Petersons, the Harveys, the Grays and Mines, the Walkers have all experienced similar harm. There may be many more who still don't know what happened to their loved ones. This is not just about my sister. This is about accountability. This is about dignity.
- Kalia Zachary
Person
This is about making sure no other family has to suffer like this again. I just hope you please pass this law because every person deserves dignity and death, and every family deserves the truth, respect, and closure.
- Ash Kalra
Legislator
Thank you. Thank you for sharing, not just on behalf of your loved one, but on behalf of all families.
- Tony Chikatelle
Person
Good morning. My name is Tony Chikatil. I'm senior staff attorney for California Advocates for Nursing and Reform. We're a nonprofit organization that advocates for people in the long term care system. And, occasionally, we do get calls from people in that system or family members of people in that system, related to notification of death problems.
- Tony Chikatelle
Person
We had a call late last year about, a woman whose friend had passed away in a nursing home. So it's not just isolated to Mercy San Juan. In a nursing home and the family hadn't been notified for four months, they learned of their loved one's death from the mortuary who found their contact information and was asking for $7,000 before they would release the body due to the daily charges that we're filing up.
- Tony Chikatelle
Person
So it does happen and I when the KCRA stories came out, I was pretty dumbfounded to learn that we don't actually have a requirement to notify families of death. We have it's implied, but it's not expressed.
- Tony Chikatelle
Person
And I think that's a big problem. And also, on the enforcement angle, when Mercy San Juan was issued deficiencies related to the notification problems, they weren't cited for notification of death. They were cited for governing body and their quality assessment program. So it's look like bureaucratic oversight so the public would have a false impression of what really went on here.
- Tony Chikatelle
Person
So I think this this bill gives, the enforcement authorities the hook that they need to inform the public that this has happened and creates accountability.
- Trent Smith
Person
Mister chair and members, Trent Smith on behalf of the State Association of Public Administrators, Public Conservators, and Public Guardians and Support. Been working with the author and the stakeholders on a referral process to the PAs in these cases.
- Ash Kalra
Legislator
Thank you. Is there anyone here in opposition to AB 2598? We'll bring it back to the committee. Any questions, comments, motions?
- Catherine Stefani
Legislator
I just wanna thank the author for bringing this forward and thank the witness for sharing your story. I know that it's painful, and I'm sorry you had to go through that, and I would like to be added as a coauthor.
- Ash Kalra
Legislator
Thank you. Yes. I also wanna thank the author for bringing this forward. I've worked with Anthony McCanner a lot on legislation regarding nursing homes. And, you know, I was actually stunned to know that there wasn't actually a requirement for hospitals or nursing homes to inform the next even if they have that information, they're not required to.
- Ash Kalra
Legislator
And I think that's appalling. And so I really appreciate you bringing this for us. We can clarify it, make it a requirement. I don't think it's that much of a burden to ask of these facilities. I would also like to be added as a co author, and we'd just like to close.
- Maggy Krell
Legislator
Thank you. Well, I wanna thank Kalia and the other family members that came to my office and talked to me about what they went through. It's absolutely unconscionable, and their advocacy efforts ensure that it won't happen again to anyone else. I appreciate the support of my friend from San Francisco and the chairs coming on as a coauthor as well. Thank you so much and respectfully ask for your aye vote.
- Committee Secretary
Person
Kaira, aye. Masito Barakahyan? Aye. Barakahyan, aye. Brian Connolly?
- Maggy Krell
Legislator
Hi. Good morning again, everyone. I'm pleased to prep- I'm pleased to present Assembly Bill 1854 today. Assembly Bill 1854 expands existing shield laws to ensure that out of state investigations cannot touch what happens inside, California health care in- in- inside health care in California. So the patient doctor relationship, what health care providers provide, what patients do, and what providers do, all should be private.
- Maggy Krell
Legislator
And as we're seeing since the overturn, of Roe v Wade and the Dobbs decision, increasingly states are enacting laws that are hostile, both abortion rights and gender affirming care. We need to make sure that we protect that within California. We've already set up a really strong framework here, but this just closes some existing gaps. And with me today is deputy attorney general, Tiffany Brokaw. I'm sorry.
- Maggy Krell
Legislator
Last name that I'm still getting used to. Deputy attorney general, Tiffany Brokaw from the attorney general's office to testify in support.
- Tiffany Brokaw
Person
Thank you. Good morning, chair and members. Tiffany Brokaw, Deputy Attorney General in the Office of Legislative Affairs here on behalf of Attorney General Rob Bonta, who's proud to cosponsor this piece of legislation, and he'd like to thank Assemblymember Krell for leading on this important issue. AB 1854 clarifies and expands California shield laws to protect patients, health care providers, and others involved in reproductive health care and gender affirming care that is legal in California.
- Tiffany Brokaw
Person
Since California shield laws took effect, anti abortion states have increased efforts to investigate and prosecute California providers, and some states have take have tried to extradite or take adverse legal actions against California doctors. AB 15- 1854 addresses these issues by expanding shield law coverage to more California businesses and individuals who receive legal demands. It creates a notification process so the attorney general can intervene and stop improper disclosures.
- Tiffany Brokaw
Person
And it clarifies that law enforcement cannot arrest someone if the governor denies an extradition request. As the legal landscape continues to shift nationwide, AB 1854 ensures that California will remain a safe haven for those seeking and providing reproductive care. And for these reasons, we respectfully ask an aye vote.
- Maggy Krell
Legislator
And my second wiz- witness here today is Bella Pori on behalf of Reproductive Freedom for All.
- Bella Pori
Person
Good morning, Chair Kalra and members of the committee. I'm here on behalf of Reproductive Freedom for All as proud supporters of AB 1854. For more than fifty years, Reproductive Freedom for All has fought to protect and advance reproductive freedom at the federal and state levels by fighting for access to abortion care, birth control, pregnancy and postpartum care, and paid family leave. We are powered by more than 4,000,000 members from every state and congressional district in the country, including over 400,000 Californians.
- Bella Pori
Person
And our members represent the eight in 10 Americans who support legal abortion.
- Bella Pori
Person
California's existing shield laws are some of the strongest in the country and were a critical step forward after Dobbs versus Jackson Women's Health Organization overturned Roe versus Wade. But the threats to abortion have escalated. Out of state actors are now using subpoenas, criminal investigations, civil actions, and extradition requests to target California providers who are providing lawful care.
- Bella Pori
Person
We saw this firsthand when Louisiana sought to extradite a California physician for allegedly prescribing abortion medication, and we have seen the state of Texas and private individuals target California providers with civil lawsuits. These threats are designed to chill care here in California, and AB 1854 responds directly to these tactics.
- Bella Pori
Person
It expands shield law protections to more California businesses and individuals who receive these legal demands, creates a notification process so the attorney general can intervene before improper disclosures are made, and gives the AG stronger enforcement authority while also clarifying that law enforcement cannot arrest someone when the governor refuses an extradition request. Our members, who include patients, providers, and advocates across the state, depend on California to be a true safe haven for abortion access, and AB 1854 will ensure that this promise holds.
- Bella Pori
Person
For these reasons, reproductive freedom for all respectfully urges your aye vote on AB 1854. Thank you.
- Timothy Madden
Person
Tim Madden representing the California Chapter of American College of Emergency Physicians in support.
- Trent Smith
Person
Trent Smith on behalf of Planned Parenthood Affiliates of California.
- Kim Stone
Person
Kim Stone, Stone Advocacy on behalf of the California Children's Hospital Association. It's not really opposition. They it's a very soft position of concerns. Happy to be in communication and working with the author and the sponsors about potential conflicts with federal law and look forward to continuing that as the bill moves forward. Thank you very much.
- Ash Kalra
Legislator
Thank you. Alright. We'll bring it back to committee. Any questions? Assemblymember Bauer- Kahan.
- Rebecca Bauer-Kahan
Legislator
Thank you, mister chair. So, as the person who made the shield law that this is being built upon, I think it's really important that we do keep up to date with what's happening and things have changed. When we did the original laws, nobody had been tempted to be extradited. Now we've seen that come to pass.
- Rebecca Bauer-Kahan
Legislator
I wanna give credit to the California companies who frankly came to us the first time with the desire not to to turn over the information about women, seeking access to abortion out of state who knew that they might have the evidence and they felt strongly they didn't wanna hand it over, they had no legal grounds on which to withhold that documentation and asked us to give it to them, which is really a testament, I think, to, California being sort of united, and I think we saw that today, in wanting to protect access to reproductive health care and abortion rights.
- Rebecca Bauer-Kahan
Legislator
And so I think the expansion of that piece of the bill is really critical, and I appreciate the author doing it. I will I wanted to touch though on the arrest question because in the original bill, we ensured that nobody could be arrested for protected health care. Didn't matter if they'd been attempted to be extradited or not. And this focuses on the extradition piece, which frankly, I'm concerned narrows the arrest.
- Rebecca Bauer-Kahan
Legislator
So I guess the question is, are they gonna sit side by side in law, or does this overrule current law to say you can only not arrest if the governor has denied an extradition request?
- Maggy Krell
Legislator
Assemblymember Bauer-Kahan, first of all, it's a pleasure to work with you on I'm sorry. I'm sorry. I'm sorry. I'm trying to make eye contact. It's a pleasure to work with you on AB, I think, 1420. 1242.
- Maggy Krell
Legislator
That we worked on all those years ago on the first shield law. To answer your question, this- this does not overrule the prohibition on arrests for health care related services. This clarifies the fact that even if, that once the governor has made a decision about extradition, that law enforcement may not arrest that person on an extradition warrant.
- Rebecca Bauer-Kahan
Legislator
Okay. So both will be true. They can't arrest protected health care, and they can't arrest after. I just wanna make sure it's not replacing current law.
- Maggy Krell
Legislator
I would argue that current law doesn't allow for that now, but this is an- this is an important clarification piece just to make sure that everyone understands that it doesn't apply now.
- Ash Kalra
Legislator
We have a motion and a second. Yes. Consulting with our resident professor here. It looks like it looks like there's a supplemental
- Ash Kalra
Legislator
To the great work you've done Assemblymember Bauer-Kahan. I'd also like to be added to co author. It's a very important piece of legislation that further protects Californians and- and those that come here to seek health care and and reproductive health care and and other types of services. Would you like to close?
- Ash Kalra
Legislator
And Bauer-Kahan, would you like to be added? Yeah. I'm sorry. Bauer-Kahan and Pacheco.
- Ash Kalra
Legislator
Let's just add it up. Half a dozen co authors. What? Would you would you like to close?
- Maggy Krell
Legislator
Yeah. It sounds like yeah. It's it sounds like I should quote while I'm ahead. I respectfully ask for your aye vote.
- Ash Kalra
Legislator
I think now, Assemblymember Wicks, I think, Assemblymember Wicks and Krell, you wanted to present one together?
- Buffy Wicks
Legislator
No. No. This is good. Look at this. Looks like what bill am I doing?
- Buffy Wicks
Legislator
I have three bills to present today. We'll start with 1946 because my joint author here, Ms. Krell, is here, so, we'll take advantage of that. I wanna thank the committee staff for their work, and I accept the committee amendments. Child sexual abuse material, also known as CSAM, is pervasive on the Internet, not only on the dark web, but also on our social media websites.
- Buffy Wicks
Legislator
To combat this problem, I did a bill, AB 1394 in 2023, establishing a statutory framework that required social media platforms to provide a mechanism for users to report CSAM in which they were depicted. Since this law has now gone out into the wild, we have identified some issues that we believe—gaps in the existing law that we know that we need to be strengthened. So, this bill aims to do exactly just that.
- Buffy Wicks
Legislator
Specifically, this bill will allow for all users, not just those who were depicted in CSAM, to report. It will align with the federal "Take It Down Act."
- Buffy Wicks
Legislator
It will require that reporting mechanisms are clear and ensure that there is human review when there is no hash match, and then it also brings about more enforcement, which we realized we needed, requiring that biannual audits be submitted to the AG and other public prosecutors if requested. So, this is, I think, just an important—it's, it's a cleanup bill, but it's more than that. We need to make sure this law actually works because this is some of the most horrific imagery that exists on the Internet.
- Buffy Wicks
Legislator
And if you have any conversations with those who've experienced this crime, what it does to these families and the, the, the retraumatizing over and over again is, is really just absolutely horrific. I'm gonna let my witnesses self-identify, but first, I wanted to give Ms. Krell the opportunity to talk, especially because of her work in the Attorney General's Office.
- Maggy Krell
Legislator
Thank you. Yes, behind each of these horrific images is a child who's been sexually abused. What's important about this bill is our bills are only as good as our ability to actually implement and enforce them. This bill provides clear enforcement mechanisms to public prosecutors so that not only do we have audits, we have public prosecutors who can come through those audits and take legal action when necessary.
- Maggy Krell
Legislator
I really appreciate the work of the National Center for Missing and Exploited Children on this bill, and just wanna turn it over to Nicole.
- Unidentified Speaker
Person
Good morning. My name is Nicole. I'm the mother of a child sexual abuse survivor whose abuse was recorded and widely distributed on a variety of Internet platforms and social media platforms. I'm here today in support of AB 1946, a bill that will provide crucial updates and strengthen protections to existing California law that requires social media platforms to take affirmative acts to remove CSAM from their platforms.
- Unidentified Speaker
Person
When the perpetrator in my child's case was arrested and charged, I was naive enough to be grateful that there were images proving what he had done so he would not get away with it.
- Unidentified Speaker
Person
In the time that has passed, I have seen firsthand how the images themselves are abused and that every time the images are redistributed, redistributed and viewed, the child is revictimized. The current California law allows only someone depicted in the images to request their removal. The reality is that many of the children being depicted are below the allowable age for them to be engaging on these platforms in the first place.
- Unidentified Speaker
Person
By allowing anyone to report these images, you are taking the responsibility off children and allowing the grown ups to speak up on their behalf. AB 1946 also prevents further revictimization by utilizing the existing hash data mechanism for known CSAM and requiring human review only in cases when the images do not match a hash value of known CSAM and would not otherwise be removed.
- Unidentified Speaker
Person
Imagine the worst thing that has ever happened to you being recorded and shared out in the world without your consent. Wouldn't you want as few people to see this as possible? This bill does that for CSAM survivors.
- Unidentified Speaker
Person
Survivors need to have all of their remedies under the law available so that they can decide when, where, and how to seek justice against everyone who has been a part of their abuse. Children who have already been victimized should not bear the legal burden of compelling platforms to comply with the law. That burden belongs with the state. AB 1946 empowers the California Attorney General, state prosecutors, and local prosecutors to use their resources to pursue justice on behalf of these children and their families.
- Unidentified Speaker
Person
This bill is about the safety of kids, and there's nothing more important than protecting them.
- Unidentified Speaker
Person
I know I alone could not have protected my child. We need help and new laws to keep children safe online. I urge the Assembly Judiciary Committee to follow the lead of the Privacy and Consumer Protection Committee and move forward with AB 1946 to help ensure that every child has the safe childhood that they deserve.
- Edward Howard
Person
Mr. Chair and members, Ed Howard, Senior Counsel for the Children's Advocacy Institute at the University of San Diego School of Law, pleased to sponsor this measure. Four quick points, if I may. The first is to amplify on what my fellow witness said. We're talking about 93% of CSAM victims are between the ages of three and 15 years old.
- Edward Howard
Person
They're not able to report by themselves. Likewise, testimonies—sworn testimony in one of the consolidated cases against the social media platforms we heard from the former head of Instagram safety and well-being. He said that when it comes to reporting material, the company made it, "Intentionally complicated to reduce the reports it had to look at," and documented that only 1% of people who begin trying to report actually succeed in completing it and also testified that Meta's policy was to give 16 free passes of sex abuse material before on the seventeenth it was reported it would finally be removed. We should not need this bill.
- Edward Howard
Person
We should not need this bill. This is the worst stuff humanly—you, you can possibly imagine. These are the companies that are the most expert in the world on user interfaces and how to make something simple, but we need the bill because it still is impossible for child—for survivors who are, are dealing with this horrible crime to be able simply to report it to hopefully get the material taken down. Respectfully ask for your aye vote.
- Ash Kalra
Legislator
Thank you. Is there anyone else here in support of AB 1946? Is there anyone here in opposition to AB 1946?
- Dylan Hoffman
Person
Good morning, Mr. Chair and members. Dylan Hoffman on behalf of Techno, not in opposition. We submitted a letter of, of concerns that I just briefly wanted to expand upon, for the benefit of the committee. First, our coalition and our member companies strongly support the author's ongoing and tireless work to eradicate online sex trafficking, the distribution of CSAM and NCII, and our commitment and our member company's commitment has—is and has—been crystal clear.
- Dylan Hoffman
Person
The Internet and any platforms on it should not be a safe haven for these activities, and criminals should be prosecuted to the fullest extent of the law. Our industry has been at the the forefront of this fight for decades. And as just one example, our industry has helped develop and build additional software and programming interfaces that help streamline the work and improve the work of NCMEC and countless other NGOs. We've done that.
- Dylan Hoffman
Person
We've donated those systems or made them open source to, to the benefit of all.
- Dylan Hoffman
Person
We also were active participants in conversations with the author in 2023 regarding the first iteration of this bill, AB 1394. We provided numerous versions of suggested amendments and approach each conversation with the author, her staff, and stakeholders with the goal of ensuring the strongest piece of legislation related to the removal of CSM from the Internet.
- Dylan Hoffman
Person
We've also had productive conversations last year with Assemblymember Krell staff on AB 1137, and we've already had several productive conversations with the author's office and plan to be just as engaged as we were in 2023, working towards our common goal of addressing gaps in in existing law.
- Dylan Hoffman
Person
Wanna be very clear, we're not an adversary in this fight, and we really do wanna be a partner, and our companies have a wealth of knowledge to draw upon, based on the years of work that we've been putting into this. Our letter highlights a few initial concerns that weren't further discussion and consideration as the bill continues to move through the process.
- Dylan Hoffman
Person
I just wanna very quickly touch on a couple here. AB 1394 struck a careful but very tenuous balance regarding constitutional issues related to protections against warrantless searches in the Fourth Amendment. The Fourth Amendment, of course, prevents the government from requiring private actors to conduct warrantless searches that it could not conduct itself. In recent years, criminal defendants have tried to suppress evidence collected by hash matching and cyber tips reported in NCMEC.
- Dylan Hoffman
Person
Thank you. In one of the most recent cases from just January, State v. Gaspar, a court in Wisconsin held that evidence collected as part of a digital scan was a private search and did not violate the, the Fourth Amendment. And this issue is very much evolving, and, thankfully, courts have found their way to largely rejecting defendant's attempts to cast NCMEC and the information that is collected as part of hash matching and reject the—those efforts to suppress that evidence.
- Dylan Hoffman
Person
But to that end, we wanna carefully consider how additional changes to, to current law requiring hash matching and human review, as well as changes to the enforcement might affect that that balance and that analysis, both from a, a private search doctrine perspective, but also a state actor analysis. Clearly, the last thing anyone, including TechNet or our members want, is for a criminal defendant to be able to suppress evidence that was collected as part of this or overturn their conviction.
- Dylan Hoffman
Person
So, we share a common goal there. It's just flagging that we wanna think through all the, the potential ramifications of, of these changes. Also, wanna flag that we'll have more conversations about the expansion of who can report. I think, for the most part, our platforms largely do allow anyone, not just the depicted individual to report, but wanna think through all the, the potential implications that, that expansion has for the rest of the bill, as well as expanding the definition of CSAM to include digital forgeries.
- Dylan Hoffman
Person
So, again, I, I do truly wanna express our appreciation for, for the author, for both authors and, and all the stakeholders here for their tireless work here and look forward to more conversations in the coming weeks.
- Laura Bennett
Person
Laura Bennett, on behalf of the California Human of Commerce, align your comments with TechNet. Again, we're not opposed. We look forward to working with the authors.
- Naomi Padron
Person
Good morning, chair and members. Naomi Padron on behalf of the Computer and Communications Industry Association. We would echo the concerns raised by TechNet. Thank you.
- Ash Kalra
Legislator
Thank you. We'll bring it back to committee. Questions, comments, motions? Assemblymember Bauer-Kahan.
- Rebecca Bauer-Kahan
Legislator
We wouldn't be here if the platforms were taking this down. So, can I just start there? Like, I hear you. I appreciate that you have concerns—not opposition. But this is, as the author said, the lowest common denominator.
- Rebecca Bauer-Kahan
Legislator
And, you know, thank you again. I said this last week when you testified, but I'll say it again. Thank you for being here and reliving your trauma and your family's trauma because it matters that this is made real because every child should be protected from the proliferation of this criminal material. And so, yeah, do better, and we won't have to do these bills. We won't have to have these conversations.
- Catherine Stefani
Legislator
Thank you. Yeah, to echo that same sentiment, I mean, with all due respect to the concerns that have been risen, it doesn't sound like making it intentionally complicated to report or 16 free passes is working towards a common goal. So, I, I don't know if our witness have anything to say in response to what was just said.
- Catherine Stefani
Legislator
But to me, it sounds like there is very much need for this bill and had everything that been, that was said been—I don't know if I wanna say true—but I just think that we need to be focused on really doing more around the subject.
- Catherine Stefani
Legislator
And I, I'm—the 16 free passes, that just unbelievable to me. So, I wanna thank the authors, and I wanna thank the witness for sharing your story with us. And I would love to be added as a coauthor.
- Ash Kalra
Legislator
Thank you. Any other questions or comments? I wanna thank you both, particularly Assemblymember Wicks who wrote the 2023 for the bill that was chaptered in 2023. And like any kind of pioneering legislation, you know, this is a perfect example of having to come back when you find those gaps, especially something, as important as this. And there are certain areas of grave public concern where we cannot rely on industry to self-regulate.
- Ash Kalra
Legislator
And clearly, that hasn't been happening. As I was saying, like I said earlier, corporations don't have empathy. They don't love people. They don't hate people. They have a mission.
- Ash Kalra
Legislator
We have a different mission. And, and in this—in that regard here, I think this is critically important for us to build upon 1394. And I really appreciate both of you, and I, I know both of you done work in this space in different, different areas and coming together is really important. And in the spirit of coming together, I would also like to be added as a coauthor. And would you either or both you like to close?
- Buffy Wicks
Legislator
Just appreciate the conversation. Appreciate the additional co-authors. Every committee we go through, we get a couple more co-authors, which is which is great. And as mentioned, you know, these are some of the richest companies in the world that employ thousands of some of the smartest engineers on the planet, and certainly, they can figure out how to get CSAM off their platform. They just have to prioritize it.
- Buffy Wicks
Legislator
And if they're not gonna do it out of goodwill, we will require them to do it. So, with that, I wanna also thank our witness and for her story and would respectfully ask for an aye vote.
- Ash Kalra
Legislator
Yeah. We still need a motion. We have a motion and a second and a third. Thank you.
- Ash Kalra
Legislator
Alright. That bill is out. Thank you both. Assemblymember Wicks, you have a couple others. You have.
- Ash Kalra
Legislator
Okay. The consent calendar's up. Thank you. And we have item AB 1903. That's line item 12.
- Ash Kalra
Legislator
And if this does go because we do have if this does go, we are we could be convening here at 1PM. We're not? Oh, sorry. At 444.
- Ash Kalra
Legislator
At 1PM in Room 444 across the hall. So everybody out there, now you know, authors for the afternoon, Room 444, but we are reconvening at one. So if there's conversation here, I don't want to feel people have to be cut off. We'll continue the conversation if necessary. Alright, Assembly member Wicks.
- Buffy Wicks
Legislator
Thank you, Mister Kalra, Mister chair and members. And I know that this is the bill that stands between you and lunch. So, good.
- Buffy Wicks
Legislator
And maybe after lunch. Yeah. Totally. Perhaps cocktails. I don't know.
- Buffy Wicks
Legislator
Thank you for letting me present AB 1903, our bill that seeks to spark entry level homeownership opportunities in our existing communities and improve outcomes for existing home homeowners by implementing long overdue fixes to construction defect liability law. This bill has support from a wide range of groups, including builders of affordable and market rate housing, the business community, environmentalist, social justice groups labor, YIMBY, cities, counties, and COGS.
- Buffy Wicks
Legislator
It's hard to get those groups to agree on anything, but they can all agree that we need more homeownership opportunities. I'd like to start off by accepting the proposed committee amendments, and I'd like to I'd particularly like to thank your Chief Consultant, Mister chair, Nick Lyke, for putting up with all of us and for putting so much time into this bill. And I know it's the busiest time of year for you, and
- Buffy Wicks
Legislator
I know that you've listened to a lot of people with a lot of strong feelings. So thank you for your patience through the process. I wanna also acknowledge that we were not able to land everything, of the issues that were raised before this hearing. And, obviously, this is the first hearing of many, but we weren't able to land some important elements that I continue to plan, working on.
- Buffy Wicks
Legislator
But in addition to the substantive amendments I am accepting today, I wanna publicly commit to landing three more specific changes, in the coming weeks, each of which will make this bill more consumer friendly while helping to reignite our, condo construction industry.
- Buffy Wicks
Legislator
One, we're gonna work on this issue. For defects that cause health and safety risk, we will make sure that those don't require damage before requiring repair. These the challenge here is creating objective standards of risk so that we're not sending everyone to court arguing over subjective terms in the existing law, like materially complies or unreasonable risk. We're gonna work on that.
- Buffy Wicks
Legislator
Number two, in terms of cost recovery for investigation, we are okay with the builder continuing to be responsible for paying for those costs as long as there are reasonable guardrails in place, such as not having the builder pay for testing when there is no evidence of violation of the law.
- Buffy Wicks
Legislator
And finally, in the part of the bill that requires HOAs to notice homeowners over the risks of entering lawsuits, such as making it difficult to sell your home, we are also okay with adding language to clarify the risks of not entering lawsuits as well. So we're gonna work on language for all three of those things, plus other things I know. But those are some of the three I really wanted to intentionally lay out in this conversation. So, why are we here?
- Buffy Wicks
Legislator
You all know that in my eight years in the legislature, I have been laser focused on trying to end the housing crisis.
- Buffy Wicks
Legislator
And collectively, we and with a lot of the good work from you, mister chair, as well, we've made tremendous strides, including increasing the amount of land zone for housing, making it easier for that housing to get entitled and permitted, protecting tenants, which has been critical, and funding the construction of affordable housing. For me, from a policy perspective, the two big areas left to tackle are homeownership and the cost of construction, and this bill really gets to both of those issues.
- Buffy Wicks
Legislator
We know that in this country, homeownership is the most important way that people create economic security for their families and put roots in their communities. Yet we make it very difficult for people to become homeowners in this state, particularly those in developed areas that want to stay in their communities. The best way to help those people is to facilitate the construction of condominiums, which is homeownership housing where people own the units within a larger building.
- Buffy Wicks
Legislator
Condos are a great entry level homeownership option as the average cost is 20 to 30% less than that of a single family home. Yet, we barely build condos in California anymore. Currently, 90% of new homeownership housing is single family homes, which is often far away from job centers. And so folks are commuting hours and hours. The realtors say drive till you qualify because that is where people can afford to buy is this suburbs and exurbs because we're not building.
- Buffy Wicks
Legislator
Secondly, 90% of new infill housing is for rent apartments only. 90% of new infill housing is for rent apartments only. So if you are a young family looking at your housing options, you can either rent in the city or buy far away. Those are the options. If you're an empty nester looking to downsize and live near amenities, you are left with virtually no options.
- Buffy Wicks
Legislator
In fact, in the state of 40,000,000 people, we are building less than 4,000 condos a year. But it wasn't always this way. The law that created our current system, SB 800, went into effect in 2003. When this bill was passed, about 27% of new units in our major metros were condos. Ten years later, in the mid 2010's, that number was down to 6%.
- Buffy Wicks
Legislator
So even though we were building the same amount of units, the number of condos went down 80%. Now in the mid 2020s, our housing production is down significantly, but the percent of condos is even lower at about 4%. We've effectively throttled construction of condos for entry level infill homeownership opportunities. So why is that the case? For years, I've been hearing from the development community that the problem is construction defect law, but developers have their own agenda.
- Buffy Wicks
Legislator
And I wanted to fact check this information. So this year, I decided to take a deeper dive into this issue, and I really started to understand the issue with the existing law that impacts condos. Here are a few big ones. While the law is known as a right to repair law, it literally says that the builder cannot receive a release or waiver for any repair work, meaning they can still get sued over a violation of the law even if they fix the problem.
- Buffy Wicks
Legislator
The current law doesn't even allow doesn't even require homeowners to provide specific evidence of violation before they sue, leaving builders guessing at what they need to fix before they are forced into a claim.
- Buffy Wicks
Legislator
In fact, homeowners often have no idea what is being claimed in a lawsuit against the builder, nor are they aware of the significant downsides of getting involved in a lawsuit like difficulty selling their unit later on. Additionally, builders are on the hook for paying for all of the investigative costs to look for violations, which often lead to expensive destructive testing that can turn into witch hunts for violations for which there's no evidence of damage or defect.
- Buffy Wicks
Legislator
Because of the subjective nature of the law, the claims made by homeowners associations can include violations that have not and will never actually cause damage to the building, and that certainly make the cost to settle much higher. Builders also aren't guaranteed that any repairs they make before being sued will count against the self insured retention, which is basically their deductible from the insurance company.
- Buffy Wicks
Legislator
This means that builders have to get sued to get the cost covered, which forced the homeowners to sit with defects sometimes for years when a simple fix would make sense for everyone.
- Buffy Wicks
Legislator
The results of these factors is that builders are often faced with lawsuits for violations that they have not had the opportunity to economically motivated not to repair and which seek damages far exceed the actual repairs needed in the building. The individual homeowners may have to wait years before they get repairs. Meanwhile, developers who get taken to the cleaners vowed never to build condos in California ever again.
- Buffy Wicks
Legislator
On the bright side, we've actually heard from an expert in the insurance space with a national perspective that because of our strict laws, California has some of the best built condos in the country. But that same expert also said that after decades in the space, they finally decided to walk away from California this January because the payout costs related to the existing law made it infeasible for them to do business here.
- Buffy Wicks
Legislator
So what does AB 1903 do? Well, it fixes all of the things I mentioned. It creates an actual right to repair in which the builder can receive a release or waiver from any repair work as long as a full year after the repair occurs, a truly independent third-party inspector determines that both the original building and the repair was done properly. The bill requires the homeowners to provide a specific evidence of violation, including photographs and information about where they are in the unit.
- Buffy Wicks
Legislator
The bill also increases homeowner awareness by requiring the homeowner to sign on to the claims about their unit in a lawsuit and to receive information about the downsides of entering a lawsuit.
- Buffy Wicks
Legislator
The bill also requires the homeowner to pay for the investigative costs. Although, as I've said before, we know that goes too far, and I commit to making the builder responsible for these costs under reasonable conditions, such as requiring that the investigation is based on evidence of a known violation. This bill also specifies that a violation can only be something that actually causes damage. But as I said before, we will amend that to specify that a violation includes defects that objectively create health and safety risks.
- Buffy Wicks
Legislator
Finally, we'll require that insurers must let builders count repairs against their self insured retention so the builders are no longer financially penalized for repairing sooner.
- Buffy Wicks
Legislator
That's a lot. Is it perfect? Absolutely not. I've yet to write a perfect bill out of the gate. No bill ever is at the stage of this process, and that's why we're taking amendments today and why I've identified specific changes we will make.
- Buffy Wicks
Legislator
I'm sure there's more beyond what we've discussed here. My door is always open and will always be open to further conversations. And I will say the opposition, I think has come to this table genuinely trying to find a solution as have the supporters. And trying to figure out and litigate between those two things has been our task, and the task of the chief consultant and you, mister chair. And so that is what I'm committed to trying to figure out.
- Buffy Wicks
Legislator
And I think this bill is gonna have a lot more work coming out of this committee. But just as bad actors, bad actor builders shouldn't be allowed to build shoddy homes, we shouldn't let bad actor plaintiffs exploit a system such a degree that builders just have walked away completely from the industry. Because we need homeownership, we need to we need it to be entry level in our existing communities and close to jobs and amenities. That is what I'm aiming to do here.
- Buffy Wicks
Legislator
There's more work to be done in this bill, but if I can get out of committee today, I commit to all of you.
- Buffy Wicks
Legislator
I will continue in those very thoughtful, somewhat intense conversations that we've been having. And with that, I would like my witnesses to, self identify.
- Silvio Ferrari
Person
Thank you. Mister chair, members, Silvio Ferrari here on behalf of the California Building Industry Association. Sitting here as a proud cosponsor of this bill today. Mister chair members, our members build 85% of all the housing in the state annually. And we take great pride in the homes, the communities, and the lives that we help people build in this great state.
- Silvio Ferrari
Person
We get to know our members and home buyers intimately as we sit next to them in model homes, as we talk with them about what the job site walk is they visit. We spend a lot of time getting to know them, and we care that their issues are fixed and fixed quickly. When one of our homeowners comes and brings a problem forward, we jump on it if able. That has been always the key behind SB 800.
- Silvio Ferrari
Person
We had hoped that it would give us that right to repair, but it has given us anything but, unfortunately, the right to repair.
- Silvio Ferrari
Person
We are seeing claims move forward frequently where there is no evidence of a damage ever occurring. We see claims initiated before any communication has come to come to a home warranty department, and we hear over and over again from homeowners who have no idea that a defect has been claimed on their home, that rep- what repairs are gonna be needed, or what the cost of those repairs could be. They have had no communication from a lawyer making all of these various claims.
- Silvio Ferrari
Person
The law also prohibits us from communicating with them directly. That is not a relationship that should exist that way.
- Silvio Ferrari
Person
We have created a system that allows, encourages, and rewards the filing of these fictitious claims. If the goal is to help the homeowners, we need to promote communication, we need to promote repair, not litigation, not confuse, and not hiding the ball. As the author said, we are seeing the consequences in real time. Condo construction is now less than 4% annually.
- Silvio Ferrari
Person
The largest insurer of condo construction has left the state, as she said, this past January, and we now have far fewer opportunities for home ownership at a more affordable price point in locations that the policy of this state is encouraging us to build.
- Silvio Ferrari
Person
1903 is going to remedy some of these situations, so happy to answer any questions when courage and aye vote.
- Krys Morgenthaler
Person
Thank you, Chair Kalra and committee members. I'm Krys Morgenthaler with Habitat for Humanity. Habitat's mission makes home ownership affordable in the East Bay and Silicon Valley. Thank you, Assemblymember Wicks, for your leadership in addressing a key barrier to building the affordable entry level homes Californians so critically need. I am proud to speak in support of AB 1903 as a meaningful solution.
- Krys Morgenthaler
Person
We know what can happen when legitimate repairs take a backseat to speculative litigation. In 2021, we completed 30 affordable condos in Fremont. When one homeowner noticed a small amount of water intrusion, we responded quickly to initiate repairs. However, we were delayed when an attorney recommended extensive invasive testing where there was zero evidence of additional water intrusion, demanding the removal of all the roofs and siding across the whole development, suing us for millions.
- Krys Morgenthaler
Person
Were AB 1903 in effect, the one impacted homeowner would have had swift recourse for the repairs they needed.
- Krys Morgenthaler
Person
We would have been liable for the defect that caused property damage, and we would have had the ability and incentive to repair it promptly to certifiable standards. Without AB 193, condos are uniquely and prohibitively expensive to build. Our condo liability insurance premiums have skyrocketed over 40% in the last five years. For the four condos we just renovated in San Jose, it added a quarter of $1,000,000 to the cost of the project.
- Krys Morgenthaler
Person
We've talked with city staff from Martinez to Mountain View, eager for Habitat to build high density affordable condos in their communities.
- Krys Morgenthaler
Person
But if nothing changes, the high risk makes it unlikely we'll build these homes, and it jeopardizes a 184 units or 75% of our building pipeline. Plus, we cap our prices to keep our homes affordable, so Habitat cannot simply raise prices to absorb the cost and risk. The opportunity cost of favoring litigation over repair is hard to measure when thousands of Californians are left off the homeownership ladder.
- Krys Morgenthaler
Person
AB 1903 offers a commonsense solution that can get Californians the access to affordable homes that will move the needle on our housing crisis. I urge an aye vote on AB 1903.
- Paul Gonzales
Person
Good morning, mister chair and members of the committee. Paul Gonzales on behalf of the City of Folsom in strong support. Thank you.
- Meea Kang
Person
Good morning, chair and members of the committee. My name is Meea Kang, Council of Infill Builders. Also, a proud cosponsor in strong support, and this is how we bring condos back and expand homeownership in California. Thank you.
- Jordan Panana Carbajal
Person
Thank you. Chair, members of the committee, Jordan Panana Carbajal, on behalf of California YIMBY, a proud cosponsor of the bill, in support. Thank you so much. Thank you.
- Clifton Wilson
Person
Clifton Wilson on behalf of the Marin County Board of Supervisors in support. Thank you.
- Steve Cruz
Person
Hello. Steve Cruz on behalf of San Jose Mayor Matt Mahan and the San Jose City Council in support.
- Donita Stromgren
Person
Danita Stromgren, volunteer with AARP California and our 3,300,000 members in support.
- Jacob Brim
Person
Jacob Brent in the California Business Properties Association asked that I register their support.
- Edward Manning
Person
Morning, Mister chair and members. Ed Manning on behalf of the New California Coalition in support, and I wanna thank the author for cleaning up, our work of 2002, which hasn't worked. So, thank you.
- Sosan Madanat
Person
Good morning, chair and member Sosan Madanat at W Strategies here on behalf of UNIDOS US in support.
- Annalie Augustine
Person
Annalie Augustine with the Civil Justice Association of California support if amended. Thank you.
- Steven Stenzler
Person
Steven Stenzler with Brownstein on behalf of proud sponsor Bay Area Council in strong support. Thank you.
- Sharon Gonsalves
Person
Sharon Gonsalves on behalf of the cities of Mountain View, Foster City, Redwood City, and San Mateo in support. Thank you.
- Jordan Grimes
Person
Good morning, chair and members. Jordan Grimes on behalf of Greenbelt Alliance in strong support. Thank you.
- Holly Fraumeni de Jesus
Person
Holly Fraumeni-De Jesus with Lighthouse Public Affairs on behalf of the proud cosponsor, SPUR, in support as well as San Diego Housing Commission, Abundant Housing Los Angeles, Circulate Planning and Policy, and Howard Ahmason Junior with Philson and Company in support.
- Chris Lee
Person
Good morning, Chris Lee, on behalf of the Sacramento Area Council of Governments in support.
- Scott Governor
Person
Scott Governor on behalf of Construction Employers Association in support.
- Max Perry
Person
Max Perry with Arc Strategies on behalf of City of Riverside in support.
- Ali Sapirman
Person
Ali Sapirman on behalf of the Housing Action Coalition, a proud sponsor in support. Also, the Casita Coalition in support and on behalf of myself as a San Jose, housing commissioner. Thank you.
- Danny Curtin
Person
Danny Curtin, California Conference of Carpenters in support. The right to repair and the right to have damages repaired is a good thing.
- Ash Kalra
Legislator
I'm assuming there's two witnesses and one for technical support is what I'm guessing. Okay. Right.
- Louis Brown Jr.
Person
Mister chair, members of the committee, good morning. Yes. Good morning. Louis Brown here today on behalf of the Community Associations Institute, in opposition to the bill. We appreciate the work of the committee.
- Louis Brown Jr.
Person
The chief consultant was pointed out and the conversations we're having with the author's office and her pledge to continue working on the bill. Today, I'm here to introduce to you, Jill Jackson. She is a condo owner and a board member, who has personally dealt with some construction defect issues to give her your, her, personal story on the issue.
- Jill Jackson
Person
Mister chair, members of the committee, my name is Jill Jackson. I'm an owner and a board member as Louis said, and I'm glad to be here because this is something I've lived. I was surprised at how many people got up to not to be supportive of this. I thought maybe there would be more support in the room for homeowners like myself. I'm sorry.
- Jill Jackson
Person
I'm a little nervous. So I'm here today to testify in opposition of 1903. Our association settled the construction defect action against the builder for $790,000. The defects the defects that led to our legal action dealt mostly with concrete and settling of soil issues and roof leaks. That damage, that damage a number of units and caused life and safety issues.
- Jill Jackson
Person
The developer did seem to have interest in possibly making a short fix that wasn't sufficient for our standards and to make an actual long term repair. So it didn't work out in that beginning life phases. If AB 1903 were the law, we would not have been able to pursue justice because of the language requiring actual damages. This would have resulted in each of our owners paying roughly about $16,500 to correct the damage that caused the faulty construction by the developer.
- Jill Jackson
Person
They don't cause water intrusion. Our homeowners didn't cause the issues that were found at our association. So there needs to be a balance. Putting the entire financial burden on the backs of homeowners will not fix the affordability issues. I'm here today to oppose AB 1903 because it shifts too much of the burden onto the homeowners like me.
- Jill Jackson
Person
And I'll share with you guys, I was fortunate enough to get a first time home buyer loan to get my condo. One of the conditions of that loan was to watch education on how to budget for homeownership. It covered cutting coupons. It didn't cover funding or repairs by that were made by the developer.
- Charles Litt
Person
Good morning, members of the committee. My name is Charles Litt. I'm here on behalf of CAOC. I wanna first thank you for the opportunity to testify today. We support the author's goal of building more housing in California, and we're going to work with the committee and the author to remove the real barriers to construction.
- Charles Litt
Person
However, we oppose AB 1903 unless it's significantly amended. The bill sponsor correctly knows the builder space high insurance costs. The Turner Berkeley, Center from Berkeley, the report showed that, condo insurance is 1.6% of construction costs. The condo penalty, the difference between insuring an apartment project and a condo project is 1%. This 1% pales in comparison to the real drivers of construction cost, which include construction material inflation, labor shortages, and regulatory burns, which I know the committee's dealt with in to a large extent.
- Charles Litt
Person
AB 1903 is not addressing those issues, but what it does, it overturns SB 800, which has provided stability in the law to homeowners and builders for twenty five years. In part, the bill in its current draft requires homeowners to re re, wait for appreciable present damage before addressing any safety issues, like structural or fire safety issues. You'd have to wait for an injury to personal property. I appreciate the, commitment of the committee to work to remedy that. It prohibits statistical extrapolation.
- Charles Litt
Person
That's really just a poison pill. Statistical extrapolation is relied on by homeowners to prove their cases. Every practitioner play, homeowner builder relies on extrapolation for decades. And civil code section 5551 that include that requires the balcony inspections to make sure they're safe. The homeowners association required to do those to a statistically significant sample.
- Charles Litt
Person
So extrapolation's been, like, a large part of the law for decades, and the one sentence in this bill would seriously be a poison pill that would gut the ability of homeowners to make a claim effectively. It also eliminates recovery reasonable investigation costs. With the laws currently drafted, homeowners are only entitled to recover reasonable investigation costs in the discretion of the judge or arbitrator in the event that they prove a violation. This would make its homeowners to not recover any costs under any circumstances.
- Charles Litt
Person
And it creates a certified building loophole that lets builders own private inspectors grant themselves immunity from liability.
- Charles Litt
Person
The changes shift the cost of defective construction on the very families who can least afford it. Nonetheless, we've already identified many provisions that we can support, stronger notice requirements, reasonable releases for repairs, ensure credits for builder work, and clearer standing for homeowners associations. We stand ready to work with the author and the committee on amendments, significant amendments that increase housing in a way that truly balances supply with safety, accountability, and fairness.
- Ash Kalra
Legislator
Thank you. Thank you. Is anyone is there anyone else here in opposition to AB 193?
- Kim Stone
Person
Kim Stone, Stone Advocacy on behalf of consumer watchdog in very respectful opposition. Thank you.
- Anne Rao
Person
Anne Rao, on behalf of my two young adult sons who are going to be first time homeowners soon, and this law frightens me for them. And I urge the author to consider additional amendments.
- Brooke Benetti
Person
Hi. Brooke Benetti with Kaiser Advocacy on behalf of California Low Income Consumer Coalition in in respectful opposition.
- Unidentified Speaker
Person
I am one of the assemblywomen's constituents. I strongly oppose the legislation. Thank you.
- Steven Sanchez
Person
Steven Sanchez, homeowner, one of 14,000,000 homeowners in California who would be subject to well, I hate the bill.
- Jennifer Wadda
Person
Jennifer Wadda on behalf of the California Association of Community Managers in opposition.
- Ash Kalra
Legislator
Thank you. We'll take comments for a cup, for a couple minutes and know, Senator Papan, and we'll, again, continue again at 01:00. So, Senator Papan?
- Diane Papan
Legislator
Well, thank you so much. Thank you for bringing the bill. Obviously, the need for additional housing cannot be disputed and especially ownership. There that will increase generational wealth, the likes of which we've never seen. So I very much appreciate the bill, and and I I think it's a little of both.
- Diane Papan
Legislator
Certainly, financing is very difficult right now for developers. Interest rates have really prohibited a lot of fine funding. But we've also seen a system that, you know, it's a whole cottage industry with all due respect to my friends and the trial attorney bars. And and and that has certainly impacted a developer's decision of whether or not they wanna take this on, especially if there's gonna be this liability that just, you know, seems to go on and on and on.
- Diane Papan
Legislator
I I appreciate the author wanting to continue to work the bill. And I think we can find a balance. I really do. That will encourage whether it's condos or townhouses, you know, I'm I think both are very important to to generational wealth. A couple things that I'll have concerns for going forward, I'll definitely be supporting the bill today.
- Diane Papan
Legislator
But things like an automatic release, like, you know, I'm not sure we should have an automatic release based on what an inspector's doing. That kinda so you use words and that we often use in this committee access to justice. I mean, maybe that's something that should be ferreted out elsewhere. And then also things like, you know, what does this do to the latent defect world?
- Diane Papan
Legislator
You know, a lot of times, there's soil subsidence, and then you're sitting in your condo and you got crack after crack after crack.
- Diane Papan
Legislator
And do you have the wherewithal to inspect that to figure out, you know, was did they not compact it right or was it just bad sort of you know, whatever it might be. So I I appreciate that you've mentioned that the author has mentioned along the way. We're gonna have to find some balance on those exploration costs. Because, again, if if you can't afford to find the expert or whatever it is, then is your access just justice tonight?
- Diane Papan
Legislator
I think we'll get there, and I think the the situation is ripe for middle ground to to encourage the kind of construction you're talking about.
- Diane Papan
Legislator
The builders have done a lot along the way, and, you know, they became a scapegoat somewhere along the way too. So I I appreciate all of it.
- Rebecca Bauer-Kahan
Legislator
Thank you, mister chair, and I wanna thank the author for our late night conversation. And I wanna thank you for being here and telling your story on behalf of consumers. And I wanna thank the Habitat for Humanity witness who I saw move to the back, but I'm a huge, as I think most of us are, Habitat for Humanity fan. They are creating homeownership for the people who truly need it the most. And I think that's an example of a really responsible builder.
- Rebecca Bauer-Kahan
Legislator
I think we all believe you would have you did fix that. You would fix it. You would do what was right. And I earn I earnestly believe that what you said, the vast majority of your builders would do right by their homeowners because their reputation's on the line, frankly, so they have a business case to do so. Do I think every builder is gonna do right by their homeowners?
- Rebecca Bauer-Kahan
Legislator
No. Right. And so, you know, we have a situation here where she had to go to court to get her situation fixed. And so I do I'm really concerned right now that the bill takes the pendulum and swings it the other direction to way too far. I mean, I'll be honest with you.
- Rebecca Bauer-Kahan
Legislator
One of the things when I was reading the analysis that I kind of had a heart attack about was that it is the plaintiff's obligation to prove there are no affirmative defenses. I've never seen that in my career, and affirmative defense by definition, is an obligation of the defendant, and I don't know how a plaintiff would ever prove there are no affirmative defenses. That that just doesn't seem tenable. Right? So that was one of those moments where I was like, wow.
- Rebecca Bauer-Kahan
Legislator
Like, this feels like they took everything they put in there to to help them without much consumer thought, I will say. So, like, that needs to be fixed. That's unreasonable, frankly. So, you know but I think that for me like, one of the questions I had for you is, is the inspector like, what are the independent standards there?
- Rebecca Bauer-Kahan
Legislator
I was a little bit concerned reading the bill that there isn't independence by this inspector who now single handedly gets to decide if I get to go to court.
- Nick Cammarata
Person
Hi. Good morning. Nick Cammarata for California Building Industry Association. I wanna go back to the first thing that you said about affirmative defenses. I think that that was simply a drafting error.
- Nick Cammarata
Person
About it's not an obligation of a plaintiff to prove that there are no affirmative defenses. Okay. On your
- Nick Cammarata
Person
So that was something that came out of communication with the committee. Is it is it modifiable? Yeah. I mean, we can have those conversations and see. There there are a number of things in there that, you know, things like you couldn't have worked for the builder for five years.
- Nick Cammarata
Person
You couldn't have more than 10% of your income from the builder. I will just say that whatever we land on ought to be something that that both works for both parties but applies to both parties. So that that folks who are using experts in this context are truly neutral.
- Rebecca Bauer-Kahan
Legislator
Right. And so, I mean, I I guess I'll just ask the author, like, if we're gonna put this inspector in the middle of dispute, I hope that they will be an independent party and to your point for both sides. So
- Rebecca Bauer-Kahan
Legislator
Okay. And I do appreciate you. I mean, you addressed in your opening one of the main concerns of the opposition, which is the cost of inspection, both witnesses mentioned. I really appreciate that. I think that's important.
- Rebecca Bauer-Kahan
Legislator
And, again, I think I'll be supporting the bill today because I do think, fundamentally, what you try trying to do here is create a right to repair. And then if the repair happens, save the builders the costly litigation. I see the opposition nodding their head too. Like, that's great. Let's do that.
- Rebecca Bauer-Kahan
Legislator
This bill goes a lot further than that, so I hope that we can get to sort of where you are intending it to be, which is ensuring that they're incentivized to repair immediately because that is in the best interest of a homeowner. I'm sure you would have loved it if your builder just repaired the problems immediately. And you nobody wants to go to court. That's not a happy place to be, even for us lawyers.
- Rebecca Bauer-Kahan
Legislator
So so, you know, I think that we can find a place where we are dealing with the unintended consequences of the original legislation while ensuring that we're still making sure that homeowners who are, you know, moving into homes that aren't up to par have rights under the law.
- Rebecca Bauer-Kahan
Legislator
And I think there's work they can get us there. Thank you.
- Ash Kalra
Legislator
I'm just gonna take I I have assemblymember Dixon and Connolly, and then we're gonna come back at one. I'm sure there's gonna be more comments, so I don't think we're gonna wrap up in a couple minutes. assemblymember Dixon.
- Diane Dixon
Legislator
I commend the author. I think this is landmark, what you're doing. And when I entered here in in four years ago, and I wondered why don't we have why can't why aren't don't we why are we only doing for rent and multifamily for rent? And how are we creating generational wealth? And I've we all have stories and facts that say we've gone down.
- Diane Dixon
Legislator
This is the unintended consequences of prior legislation. It took several years to manifest itself where we realized we don't have enough homeownership opportunities across California. And this is much needed to be done by your own admission. Still work to be done. I feel badly for the homeowners.
- Diane Dixon
Legislator
I know exactly how that is. Many people I've had experience with, but let's just bring condos back into homeownership, back into the marketplace. The necessary protection for homeowners, absolutely. But let's take it out of the courtroom. And and and let's make it with all the builder and industry supports you have.
- Diane Dixon
Legislator
They don't want they want to build here, not in Arizona and Nevada and elsewhere. They say the laws in those states are I mean, the risk is too great as you've heard this. I'm not telling you anything you don't know. The risk is just too great to build homeownership other than high priced single family residences in California. The mid priced affordable to mid priced, homeownership is just not market friendly, and the land's too expensive, all these things.
- Diane Dixon
Legislator
I commend you for trying to work out a solution and figure out a way that it's fair to all, but I think the building industry, it seems to be willing to work with you and create quality housing. And if there are those occasional malfunctions, make sure there's a path to get that fixed. But thank you for doing this. This is landmark in the state of California. So thank you.
- Damon Connolly
Legislator
Thank you, chair. And thank you to the author also for the conversation yesterday and the ongoing discussions. I had some questions, but maybe I'll just reframe them as a couple of quick comments given the time and
- Ash Kalra
Legislator
and just be we're gonna be back at 01:00 continuing this. So I don't wanna feel anyone to feel rushed. So feel free to
- Damon Connolly
Legislator
We're gonna be presenting bills over and over and over. So I'll tee up a few questions or comments and and appreciate the discussion. Largely amplifying some of the concerns we've heard. On one hand, very much support condo creation. We were all there at one time as starting homeowners.
- Damon Connolly
Legislator
Appreciate it folks from my district speaking out for that. And I know it's something you're really concerned about. So really, this is about striking the right balance. I don't think we're there yet. I think it is still skewed toward because there are situations, and I'm a I'll admit I'm a lawyer as well, that we see situations where homeowners need to have k.
- Damon Connolly
Legislator
Serious issues and concerns remedied. So one thing was around and this is kind of a rhetorical question, but on the removing of liability for breach of fiduciary duty for HOAs, the analysis points out that many new HOAs actually have Board Members who represent the builders. Is that not a conflict of interest issue? I think that needs to be addressed more. On the independence of the third party inspectors, certifying buildings, I know there was an amendment.
- Damon Connolly
Legislator
I do feel there are still gaps. For example, under these amendments and the analysis kind of goes into this, couldn't an inspector receive 9% of the revenue for from multiple builders in a region? That still seems right for abuse. And then finally, the main one, and everyone has mentioned this, worrying about the requirement to show actual damage before filing a suit, which I think the analysis correctly expands on.
- Damon Connolly
Legislator
This is something you're working on, but I will ask you collectively, after the break, to speak to what ways specifically you are looking at fixing fixing that section so folks don't have to wait for their homes to, in effect, collapse or be significantly damaged before they can sue for repairs.
- Ash Kalra
Legislator
So we'll we'll let the Senator Welch take that under submission until 01:00. And and I know the last word, some of her Stephanie.
- Catherine Stefani
Legislator
Yes. Just really quick because I won't be here at 1. I'll be in another committee. So I just wanna thank the author for her continued work on affordable homeownership and continuing to create more homes. Obviously, issues have been raised by my colleagues.
- Catherine Stefani
Legislator
I have those same concerns. I will be supporting it today so you can continue to work on those issues and hopefully that they get hammered out. No pun intended. So
- Ash Kalra
Legislator
Okay. So we're gonna take a forty five minute recess so staff can get lunch and folks can take a break for a minute. We'll be back in Room 444 at 1PM with the Assemblymember Wicks.