From the Pasadena Star-News editorial pages: The new year not only brings a host of resolutions and anticipation, but a slew of new state laws that Californians will need to follow. As always, the state’s lawmakers passed a variety of measures ranging from the symbolic to the annoying. They even passed a few substantive and important laws that just went into effect. Go figure.
On the symbolic front, few things top Senate Bill 1383, which Gov. Jerry Brown signed in 2016. It became effective on Jan. 1. Like so many elements of the state’s battle against climate change, this law made grandiose promises. It was designed to remove “super pollutants” that warm the Earth’s temperature and cause serious health effects, especially for children.
The law empowered regulators to “achieve a reduction in the statewide emissions of methane by 40 percent.” In practicality, Californians must now throw their food scraps into the green recycle bin to prevent methane build-up — a defensible idea backed by waste operators that nevertheless will do little to achieve any grandiose claims.
Other past decisions are coming to haunt 2022. The pork industry is asking for a delay in the implementation of 2018’s Proposition 12, which requires minimum space requirements for breeding hogs. Meat producers claim it will cause — perish the thought — bacon shortages. We’re not thrilled with the initiative, but voters approved it and producers have had four years to get ready for the deadline.
With labor shortages, it’s probably inconsequential that California’s minimum wage went to $15 an hour for companies with more than 25 employees. Nevertheless, state officials never seem to learn that a booming market economy — rather than more regulations — is the key to improving the wellbeing of workers.
Other dubious symbolic laws went into effect this month. One requires large retailers to have a gender-neutral children’s aisle. Another would fine or jail protesters who get closer than 100 feet from people who are entering a vaccine clinic. Yet another law requires cosmetic companies to disclose any potentially harmful ingredients.
On the substantive side, Gov. Gavin Newsom signed a bevy of police-accountability laws that went into effect on Saturday. The most significant one, Senate Bill 2, finally brings California in line with 47 other states by creating a system for decertifying misbehaving police. Previously, those officers could leapfrog to other departments after losing their job.
Other policing laws limit the use of rubber bullets at protests and ban certain potentially deadly chokeholds. These measures are sensible — and counteract some of the Legislature’s forays into symbolism and silliness.
Two controversial and significant new land-use laws, Senate Bills 9 and 10, also now are in effect. They, respectively, allow property owners to subdivide their lots and build up to two units on each one, and promote the construction of mid-density housing projects along transit routes. We supported those bills because they address the housing supply crisis by emboldening the marketplace — but it will take some time to see how their passage plays out.
There’s no sense applauding or fuming too long.
New maps, building, bills greet lawmakers by Don Thompson for the Associated Press
but buoyed by a second consecutive year of massive budget surpluses.
They hurried to introduce proposed legislation to be considered in coming months, while dodging protestors upset with pending coronavirus regulations. They face a busy first month, with Gov. Gavin Newsom’s pending budget address and a month’s-end deadline to consider some legislation left over from last year.
Legislators are now temporarily housed in a new $424 million office building a few blocks from the Capitol while their old offices in the attached Annex are razed and replaced.
And lawmakers will run in new legislative districts in the June primary and November general elections after boundary lines were redrawn based on the 2020 census.
Across the Rotunda, the Assembly’s first session was marred by a faulty microphone system that helped delay the start for 35 minutes.
Returning lawmakers immediately began unveiling new legislation they intend to seek in the new year.
Sen. Anthony Portantino proposed changing the way funding is doled out to K-12 schools with SB830, adding an estimated $3 billion to K-12 funding based on enrollment numbers rather than attendance numbers. California is one of six states that does not consider enrollment for its education funding, Portantino said, along with Idaho, Kentucky, Mississippi, Missouri and Texas.
Sen. Josh Newman introduced a proposal to change the state’s recall process, months after Gov. Gavin Newsom survived an effort to remove him in midterm. Newman himself was recalled in 2018 before regaining his seat two years later.
Newman’s constitutional amendment, SCA6, would replace a recalled governor with the lieutenant governor. It would allow the governor to appoint replacements for other recalled constitutional officers, with legislative confirmation. A recalled state legislator would be replaced through a special election at a later date.
Sen. Scott Wiener will try to change the state’s definition of false testimony to include expert court opinions based on what he termed flawed scientific research or outdated technology, or where a reasonable scientific dispute has emerged over its validity. His SB467 would allow people to appeal if they previously were convicted based on the discredited testimony.
Not to be outdone, Sen. Dave Cortese said he anticipates legislation in 13 areas, including the environment, universal basic income, criminal sentencing, employment, tenant protections, and public health and safety. Six are holdovers that failed to pass last year.
All are Democrats, who dominate the Legislature and thus largely direct what bills make it to Newsom. Several lawmakers proposed legislation even before the Legislature’s return.
They include measures making it easer for district attorneys to prosecute organized retail thefts and responding to Newsom’s call for a Texas-style law that would allow individuals to sue manufactures of illegal ghost guns and assault weapons.
Aside from technical issues, opening day was marred by reminders of the surging coronavirus pandemic. Senate Republican Leader Scott Wilk said he tested positive on Sunday before returning to Sacramento, but has no symptoms. Democratic Assemblyman Miguel Santiago said his two children tested positive so his entire family is in quarantine.
A couple hundred people gathered outside the west entrance of the state Capitol, protesting the state’s upcoming coronavirus vaccine mandate for school children. Lawmakers were greeted by numerous signs, including a flag draped across some camping chairs that declared “Wake Up Sheeple.”
The vaccine mandate for school children won’t take effect until later this year. It was put in place by Newsom, not the state Legislature. But lawmakers will likely debate a number of vaccine proposals this year, including ones that could impact businesses and public places.
“It should be parents’ choice, not lawmakers, not the governor,” said Melinda Rodriguez, 43, who attended the rally with her 7-year-old daughter, Maliyaa.
Returning lawmakers face a busy month.
Newsom, a Democrat, must present his proposed budget within the next week, months after he approved a record spending plan topped by a $75 billion surplus. Legislative analysts predict the state will have another $31 billion surplus for the fiscal year starting July 1.
Lawmakers also have a Jan. 31 deadline to advance bills held over from last year that never cleared their house of origin.
Democrats start the year with somewhat depleted ranks, though not enough to challenge their overwhelming majority. Democratic Assemblymen David Chiu, Ed Chau and Jim Frazier all resigned to take other jobs, forcing upcoming special elections.The 2022 Legislature reconvened on Monday, so we’re back to monitoring the latest ideas from Sacramento — and remembering 19th-century New York attorney Gideon Tucker’s famous quip, “No man’s life, liberty or property are safe while the Legislature is in session.”