POLITICO California Playbook PM: Up-or-out day for California legislation

May 18, 2023

Presented by California Hospital Association

HELD IN SUSPENSE: The Appropriations committees’ guillotine might be merciless, but it is efficient.

Lawmakers in both chambers slashed through hundreds of bills today ahead of the Friday deadline to move everything with a price tag of more than $150,000 out of their fiscal committees. It’s the final hurdle before floor votes for all the legislative proposals that have been slowly added to the file over the past several months.

Unlike a typical hearing, “suspense file” day involves no testimony or discussion. Instead, the committee chairs — Assemblymember Chris Holden and Sen. Anthony Portantino — go through bills rapid-fire style, moving at a pace of about 10 bills a minute, by our estimates.

Bills that weren’t heard or were shelved by the committee? Well … better luck next year.

Here’s a quick rundown of legislation that the committee blocked, including several closely watched bills on environmental protections and reproductive rights.

Drilling buffer zones: A bill from state Sen. Lena Gonzalez would have held oil companies liable for illnesses such as asthma and some cancers contracted by people living within 3,200 feet of wells. Gonzalez introduced the proposal after the oil industry used the ballot initiative process to pause her landmark law to ban new wells near homes, businesses and schools. The committee also halted state Sen. Melissa Hurtado’s proposed ban on foreign governments owning California farmland.

Power connections: A bill by state Sen. Scott Wiener to set timelines for utilities to connect new buildings to electricity — a common delay in construction — was also shelved.

Pregnancy centers: A bill from Assemblymember Pilar Schiavo would have called public attention to so-called crisis pregnancy centers, clinics that do not provide abortions. The California Legislative Women’s Caucus backed the idea, while anti-abortion groups like the California Family Council opposed it, even demanding Schiavo apologize for what they called slander against the centers.

AI: Two bills related to artificial intelligence failed — including one from Assemblymember Phil Ting that would have restricted the way police can use facial recognition technology.

Kindergarten c(r)op: Legislation that would have required California kids to attend kindergarten died — again. The Senate Appropriations Committee axed it after Gov. Gavin Newsom vetoed a similar bill last year, saving this year’s version from the same fate.

Not all that survived emerged unscathed. High-profile pieces of legislation underwent major changes and will face further scrutiny on the Senate and Assembly floors.

Labor win: The year's biggest housing bill, by Wiener, will advance with amendments tailored to resolve a labor dispute. At the insistence of the powerful State Building and Construction Trades Council, the streamlining bill will now require large market-rate development projects to employ "skilled and trained" (i.e., union) workers in most cases.

A builder works on an apartment complex in Sacramento, Calif.

A builder works on an apartment complex in Sacramento, Calif., on Thursday, Aug. 26, 2021. | Rich Pedroncelli/AP Photo

Sex ed: Also advancing with amendments are a referendum-overhaul bill by Assemblymember Issaac Bryan and a sex education bill by state Sen. Caroline Menjivar that no longer requires schools to provide condoms to students.

There are plenty of other bills that made it out today that we’ll be watching in the coming weeks, including proposals on legalizing psychedelic mushrooms, allowing legislative staff to unionize and new regulations for concert tickets. Stay tuned!

HAPPY THURSDAY AFTERNOON! Welcome to California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check of California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to wventeicher@politico.com or send a shout on Twitter. DMs are open!

A message from California Hospital Association:

One out of every five California hospitals are at risk of closure. Low-income residents and many people of color are especially vulnerable. Medi-Cal patients need an emergency lifeline to make sure hospitals can continue to care for those in need. Services for Medi-Cal patients need protection. Take Action Now.

WHAT YOU NEED TO KNOW TODAY

DEFERRED ACTION: Many undocumented college students haven’t been able to work legally in the U.S. since a freeze on DACA application processing left them without papers. But the University of California is considering changing that by hiring student employees who lack work permits. The UC Regents voted this morning to create a working group to explore the change, which would make the prestigious university the first in the nation to hire employees without federal work authorization.

A federal ban on immigrants working without documentation was passed in the 1980s, and public employers have widely followed it. But a group of progressive legal scholars argues that the law doesn’t apply to states — and has been pressuring the UC to put its theory to the test. The university prides itself on being an immigration sanctuary, and with the Obama-era Deferred Action for Childhood Arrivals program unable to process new applications due to a federal court decision, there’s increased pressure to act. The UC Regents plan to make a final decision by the end of November. — Blake Jones

ON THE BEATS

BUCK UP! Gov. Gavin Newsom is worried Californians are starting to lack swagger. Despite California’s edging toward Germany for the world’s fourth-largest economy, the Democratic governor conceded to a roomful of business leaders today that even his friends have become doubters of their state’s superiority. “So many of my friends say, ‘What’s happened to California?,’” Newsom said at a California Chamber of Commerce breakfast, parrying the critique. “I say, ‘I know, it’s amazing, right?’ Elon coming back, how great we’re growing.’ And they say, ‘Oh no, no. Everybody’s leaving.’ I’m like, ‘Well, if everybody’s left, what happened was 18 other states that lost a little population … say, like New York, what happened to Rhode Island? And they lost a higher percentage of the population. Pennsylvania, what happened to all those red states?’ My point is, I just hope we can just buck up a little bit.” — Christopher Cadelago

GET OUTSIDE: No matter your politics, it’s hard to knock California’s natural beauty. The Newsom administration called attention to the state’s environmental riches today with two reports highlighting efforts to conserve the state’s public lands and make them more accessible. Since setting a goal in 2020 to conserve 30 percent of California’s natural and coastal lands, the state has inched forward, hovering around 24 percent of natural lands and 16 percent of coastal lands. Two projects that could make a difference are an expected designation of Dos Rios Ranch — a restored floodplain near Modesto — as the next state park and the designation of Chumash Heritage National Marine Sanctuary off the Central Coast. Outdoor spaces have historically been less accessible to people of color and those with low incomes. The state is working on a plan to improve access, ranging from low-cost coastal accommodations to green schoolyards to parks co-managed with tribal governments. But after a bump in one-time park spending in 2021, the Newsom administration has proposed cutting funding for some of the programs in its latest budget proposal to help close the deficit. — Camille von Kaenel

A message from California Hospital Association:

AROUND CALIFORNIA

— “Drinking water at 1 in 4 California child-care centers tests dangerously high for lead,” by the Los Angeles Times’ Dorany Pineda: Lead, a potent neurotoxin that poses a particularly grave threat to children, was discovered in the water systems of nearly 1,700 child-care centers licensed by the state.

— “California inmates depended on community colleges. What happens when their prisons close?,” by CalMatters’ Adam Echelman: The corrections department said in a statement that it is committed to preventing prison transfers during the semester, but that it does happen. The corrections department also said that the special credits awarded for classes — the ones which can give people who are imprisoned years off of their sentence — will transfer to the new prison, too.

— “Sen. Dianne Feinstein’s return to the Capitol has been closely watched. Can she still do her job?,” by The Sacramento Bee’s David Lightman: Can the California Democrat, whose term ends in Jan. 2025, continue to do her job in a world where her every utterance and appearance will be played, replayed and scrutinized?

MIXTAPE

— “This LA teen is suing her school district — and the USDA — to promote nondairy milk,” by Grist’s Joseph Winters

— “This law should reveal who's paying for California legislators' travel. It's only been used twice,” by CalMatters’ Alexei Koseff and Jeremia Kimelman

— “Did a former 49er threaten to kill Rep. Swalwell?,” by the San Francisco Chronicle’s Shira Stein

A message from California Hospital Association:

Medi-Cal underfunding discriminates against the most vulnerable Californians. California pays only 74 cents for every dollar it costs to care for Medi-Cal patients which puts women, children, people of color, and low-income residents at risk. The risks we face are hospital closure, bankruptcy, or diminished health care services. One hospital has already closed in 2023. Many others are shuttering services. More will follow. Please PROTECT patient care.

Learn More.