This session was the first for and saw changes in top leadership: A new Speaker, Robert Rivas (D-Hollister), and Senate Democrats voted to make Sen. Mike McGuire (D-Healdsburg) their leader next year.
鈥淲e have delivered results for the 40 million Californians we represent,鈥� Rivas told members of the Assembly at the end of the night, citing bills to raise the minimum wage for more than a million workers and to require big companies to report their greenhouse gas emissions.
鈥淏ut we still have work to do,鈥� he said, listing fentanyl and housing affordability as top priorities for 2024.
Governor Gavin Newsom has until Oct. 14 to sign or veto the bills now piled up on his desk.
Here鈥檚 a look at some of the measures lawmakers debated this year:
Labor and workers' rights
Organized labor groups saw several wins through eleventh-hour legislation and dealmaking.
鈥� of the session 鈥� would extend unemployment benefits to workers who go on strike for more than two weeks. It comes as Hollywood strikes drag on and reports that film and television studio executives are in no rush to return to the bargaining table.
Lawmakers approved the legislation despite concerns that California鈥檚 unemployment fund is already more than $18 billion in debt. It鈥檚 unclear whether Newsom will sign the bill 鈥� he has also expressed concern about the state鈥檚 unemployment fund.
Lawmakers also approved higher minimum wages for workers in the fast food and health care industries.
would require fast food chains with more than 60 locations nationwide to pay their California workers a minimum of $20 per hour. The bill represents a deal struck between labor groups and the restaurant industry and, if signed by the governor, will replace that would have required an even higher industry minimum wage of $22 per hour.
Corporations including McDonalds, Chipotle and Starbucks spent millions to challenge the law. The agreement included in AB 1228 will cancel out an expensive referendum fight over pay and working conditions in fast food establishments.
The Legislature sent to the Governor鈥檚 desk. The measure would provide annual, scheduled minimum wage increases for the state鈥檚 lowest-paid health care workers. Those who work in large health care facilities and dialysis clinics would reach a $25 per hour wage by 2026, while the rest of the health care workforce would be covered by 2028. A found that this move could affect at least 469,000 workers in the state, raising their pay by over $5.74, on average.
Hospitals and counties were against the bill, arguing that they need financial support, not a wage mandate.
A bill to increase the amount of paid sick leave from 3 to 5 days, , was passed by lawmakers. Supporters argued the pandemic showed the current minimum was not enough, especially since COVID-19 takes 5-10 days to clear from the system. Opponents argued the COVID pandemic restrictions hit small businesses hard, and they can鈥檛 afford to increase benefits for workers.
Lawmakers approved , which would allow their staffers to unionize beginning in 2026. AB 1 is the fifth attempt to achieve staff unionization in recent years and this is the first time such a measure has been approved by both houses and reached the Governor鈥檚 desk. they hope a union will allow them to advocate for higher pay and better working conditions.
Climate and environment
A pair of bills aim to address transparency around corporate emissions. One bill, , requires companies in California making more than $1 billion annually to report their emissions. The other, , requires companies making more than $500 million annually to report financial risks related to climate change. Lawmakers approved both.
鈥淢any corporations are already doing the right thing by measuring, reporting, and working to reduce their emissions, but we need stronger standards across the board to encourage good behavior,鈥� Senator Scott Wiener, who authored SB 253, said in a statement.
targets orphan wells in California. If signed, it will prohibit well owners from transferring ownership of the well to someone else unless they file for a bond to fully cover site restoration, plugging and its abandonment. Advocates say the law would help prevent taxpayers from paying these costs.
would have built on existing law requiring community air monitoring systems to be installed near petroleum refineries that meet certain requirements. The bill would have expanded on the areas in which these air monitoring systems must be installed, including areas around refineries that are transitioning to producing biofuels. It also would have required that data gathered by these systems . The bill did not get the necessary votes to move to the governor鈥檚 desk by the Legislature鈥檚 deadline.
Another pair of bills would introduce two new species into the official list of California state symbols. would make the pallid bat 鈥� 鈥� California鈥檚 state bat, and would make the California Golden Chanterelle, or Cantharellus californicus, California鈥檚 state mushroom. Both have been approved by lawmakers.
Elections
Lawmakers approved 鈥� and Newsom quickly signed 鈥� , which makes three major changes to California鈥檚 referendum process:
- Top donors who funded the referendum鈥檚 qualification for the ballot now to be disclosed to voters in the state鈥檚 voter information guide.
- It creates a process for referendum proponents to withdraw the measure from the ballot.
- It will alter ballot wording for referendum measures so that voters are asked to 鈥淜eep the law鈥� or 鈥淥verturn the law鈥� rather than 鈥淵es鈥� or 鈥淣o.鈥�
The bill had an urgency clause and is already in effect.
Sacramento鈥檚 freshman Senator Angelique Ashby authored and passed , which will establish an . The commission would be tasked with establishing district boundaries for the county鈥檚 Board of Supervisors.
Lawmakers also approved , which seeks to make it easier for local governments to impose taxes to fund certain housing and transportation projects. It would lower the voter threshold to approve special taxes and bonds from two-thirds to 55%. The measure will need voter approval on the November 2024 ballot before becoming law.
At the same time, the Legislature set up a 2024 ballot fight with business groups over whether to make it harder or easier to raise taxes.
They passed a measure in direct response to a of organizations 鈥� including the California Business Roundtable 鈥� that would require higher voter thresholds for local taxes and taxpayer sign-off on any new tax approved by lawmakers.
Legislative Democrats, worried about what that ballot measure鈥檚 success would mean for government revenues, approved , which would require ballot measures aiming to raise the threshold for new taxes to pass by the same threshold. For instance, if a ballot measure is asking voters to approve a 66% threshold on new taxes, that measure would also have to win support from two-thirds of voters. It will be placed on the March primary ballot.
Republican lawmakers voted against both constitutional amendments, arguing they would make it easier to raise taxes and undo taxpayer protections.
Constitutional amendments approved by state lawmakers go directly to voters and do not need a signature from the governor.
Health
A bill to was approved by lawmakers. would prohibit the manufacture or distribution of foods containing the additives red dye No. 3, potassium bromate, brominated vegetable oil and propyl paraben in California 鈥� chemicals often found in processed candies, drinks and baked goods.
Assembly members Jesse Gabriel (D-Encino) and Buffy Wicks (D-Oakland) said they chose these chemicals because of their links to cancer, behavioral health problems and harm to the reproductive system.
Lawmakers also approved legislation that would decriminalize certain plant and mushroom based psychedelics. provides a framework for Californians over 21 years old to use psilocybin, psilocyn, dimethyltryptamine (DMT), and mescaline. Veterans were among the voices in support of the measure, saying that these psychedelics provide critical relief to those suffering certain health conditions, including PTSD. If Newsom signs SB 58, California will join Oregon and Colorado, which have adopted similar laws.
Mental health reform
Lawmakers signed off on a major overhaul of California鈥檚 Mental Health Services Act, which was first implemented in 2004 and is funded by a 1% tax on income over $1 million. The reforms would allow counties to provide treatment for substance abuse disorders and emphasize housing to stabilize patients. It would require county providers to spend roughly 30% of their budgets on housing or rent subsidies for their patients.
As part of the package, voters will have the opportunity to weigh in on a $6.4 billion bond to build infrastructure for 10,000 new behavioral health treatment slots across the state. Under , the bond will go before voters in March 2024.
鈥淚 just see this as a reasonable update 鈥� 20 years later 鈥� to how we spend our money, actually meeting the moment that we find ourselves in,鈥� said Senator Susan Eggman (D-Stockton), who authored the reform bill, .
Newsom first proposed the reforms in March and is expected to sign the package.
鈥淭hese measures represent a key part of the solution to our homelessness crisis, and improving mental health for kids and families,鈥� Newsom said in a statement after the measures passed. 鈥淣ow, it will be up to voters to ratify the most significant changes to California鈥檚 mental health system in more than 50 years.鈥�
Sacramento Mayor Darrell Steinberg, the original author of California's Mental Health Services Act, also supported the changes.
A separate measure, also authored by Eggman, will expand the use of involuntary commitment and conservatorships in California. The Stockton Democrat, a former social worker, argued would allow first responders to get people living on the street with severe mental illnesses into treatment. It was supported by psychiatrists and groups including NAMI, but opposed by disability rights groups.
Abortion access and reproductive rights
Since the U.S. Supreme Court overturned the federal right to abortion last year, California lawmakers have pushed to make the state a more accessible place for people to visit for abortion care.
One bill sent to Newsom, , would make information in fertility and menstrual tracking apps subject to medical privacy laws, shielding that data from advertisers and other parties.
鈥淲hen people track menstruation or fertility, that data is clearly health information; health information that can put people in other states at risk of jail time,鈥� said the bill鈥檚 author, Democratic Assembly member Rebecca Bauer-Kahan of Orinda.
Lawmakers also approved two bills intended to protect California patients and physicians for seeking and providing care in states where abortion is criminalized. would shield providers who prescribe an abortion or gender-affirming care in other states from legal action. would prohibit insurers from penalizing a doctor who performs an abortion.
Another bill aims to expand access to abortion by allowing more medical staff to perform the procedure. The governor has already signed by Senate Leader Toni Atkins (D鈥揝an Diego), which will allow physician assistants to receive training and perform first-trimester abortions via vacuum aspiration. It follows a similar bill Atkins authored last year allowing nurse practitioners to perform abortions.
Housing and homelessness
Known as the 鈥淵es In God鈥檚 Backyard鈥� bill, or YIGBY, provides a streamlined process for churches, faith institutions and nonprofit colleges to build affordable housing on their land. The bill would open up approximately 171,000 acres of land to affordable housing, according to a from UC Berkeley鈥檚 Terner Center. SB 4 was authored by housing advocate Senator Scott Wiener (D-San Francisco) for California鈥檚 affordable housing crisis. The bill received final approval from the State Senate on Sept. 11 and was sent to the Governor鈥檚 desk.
It's not just high rent that makes it expensive to live in California. It鈥檚 also the many upfront housing costs 鈥� . by Assembly member Matt Haney (D-San Francisco) would cap deposits at a maximum of one month鈥檚 rent.
Landlords who own two or fewer units would still be able to charge two months鈥� rent.
Under existing state law, landlords can ask for security deposits of up to two months鈥� rent for an unfurnished apartment and three months鈥� rent for a furnished apartment. The California Association of Realtors opposed the bill, arguing it would limit landlords鈥� ability to cover costly repairs and damage.
Lawmakers sent the bill to Newsom鈥檚 desk.
Fentanyl, child trafficking and the debate over criminal penalties
Throughout this year鈥檚 legislative session, Republican lawmakers tried unsuccessfully to raise penalties for crimes including fentanyl dealing and retail theft. But they did claim one victory on a bill to classify child trafficking as a serious felony.
Senator Shannon Grove (R-Bakersfield) successfully passed , which would make child trafficking subject to the state鈥檚 three-strikes law. That classification means people convicted of serious or violent crimes automatically get steep sentences if they re-offend.
The in the Assembly Public Safety Committee after some Democrats raised concerns that trafficking victims could be swept up in the criminal justice system. It ultimately moved forward when Newsom got involved. While it ended up passing both chambers unanimously, it helped reopen a debate about criminal penalties in California. Many Democrats say the state has a history of over-incarcerating people of color and oppose raising sentencing laws.
Lawmakers have also wrestled with how to deal with fentanyl-related deaths in California, which have ballooned 鈥� from
They passed , an effort to establish a 27-person Fentanyl Addiction and Overdose Prevention Task Force. If signed by the governor, the task force would have about a year to collect data on the crisis, identify drivers of illegal activity, and assess and develop treatment and prevention models.
Republicans and a handful of moderate Democrats attempted to for drug dealers convicted of selling fentanyl, but those efforts were largely shot down. However, lawmakers did pass , which adds fentanyl to a list of substances, including cocaine and heroin, where dealers in possession of more than a kilogram could be hit with additional sentences. It鈥檚 meant to target large-scale drug traffickers.
Several bills failed that would have required the overdose reversal drug naloxone to be stocked in , .
One bill supported by criminal justice reform groups would have related to vehicle lights or license plates. was ultimately unsuccessful but could be taken up again in 2024.
Guns
Lawmakers approved , which to comply with a U.S. Supreme Court decision last year. It would raise the age requirement to get a concealed carry permit from 18 to 21 and ban concealed weapons in a number of public places including hospitals, bars, amusement parks, libraries and public transportation.
It , though Newsom has not signed it. The governor signaled his support for the bill though, saying in a statement after it passed: 鈥淲e鈥檙e using every tool we can to make our streets and neighborhoods safer from gun violence.鈥�
Newsom is also considering , which would slap an 11% tax on firearm and ammunition purchases in California. The estimated $159 million in annual revenue from the tax would fund gun violence prevention programs, school safety and illegal firearm enforcement. Similar bills have failed in previous years over mixed support from Democrats.
Lawmakers approved a resolution, , which officially launches a Newsom-backed effort to add new gun control measures 鈥� including universal background checks, an assault weapons ban, waiting periods and a minimum purchase age of 21 鈥� to the U.S. Constitution. It would be a high bar: Thirty-four states would have to agree to call a convention of states to consider the amendments, which would require ratification from at least 38 states.
Even in the Democrat-dominated Legislature, the resolution failed to get unanimous support from members of Newsom鈥檚 party. Some, including Senator Scott Wiener, raised concerns that conservative states could attempt to hijack a constitutional convention to pass new amendments to limit the federal government鈥檚 authority or other right-wing priorities.
Education and youth
The education and youth-related policy has tackled a variety of topics from book-banning and gender identity to mental health and access to the HPV vaccine.
Lawmakers sent Newsom , which would crack down on school districts attempting to ban books. The bill gained traction after a school board in that referenced the late gay rights activist Harvey Milk. It would take effect immediately, if Newsom signs it.
Much like the dialogue around book-banning in schools, youth gender identity and expression is becoming increasingly politicized. The Rocklin Unified School Board in Placer County just last week 鈥� an action that can create hostile home environments for students whose parents do not affirm their identity.
In the same vein, , co-authored and passed by Assembly member Lori Wilson (D-Suisun City), specifies that judges consider a parent鈥檚 support of a child鈥檚 gender and sexual identity in custody cases. However, it does not require the judge to side with the affirming parent, or limit access to the non-affirming parent. The language in the bill leaves the meaning of 鈥渁ffirmation鈥� vague as to promote the best overall outcome for the child.
鈥淔amily courts are required to consider a variety of factors when determining the best interest of the child for the purposes of custody and visitation, including the health, safety and welfare of the child, any history of abuse, and history of substance abuse,鈥� Wilson said in a statement. 鈥淭he Transgender, Gender-diverse, Intersex Youth Empowerment Act [AB 957] provides California the opportunity to take one step closer to building a safer, more dignified, and equitable world for youth and their families.鈥�
In an effort to create educational equity, Assembly member Mike Gipson (D-Los Angeles) authored and passed , a bill which will give foster and unhoused youth priority access to intersession programs, or programs offered by local educational agencies on days without school.
Foster and unhoused youth are . In California, only 56% of foster youth graduate from high school, 15% are suspended at least once a year, and 28% are chronically absent. In comparison, the average student graduation rate is 85%, just 4% are suspended, and 12% are chronically absent. This bill attempts to minimize academic disruptions.
AB 373 will not have any fiscal effect on California鈥檚 budget, but will provide vulnerable students with access to educational opportunities, like credit recovery classes, to ensure their success in school.
Not meeting academic expectations, being unhoused, or grappling with your gender identity can be a few of the reasons that students require mental health support on school campuses. Since 2017, by 70% in California. If signed into law, seeks to change this by mandating mental health education and training for all certified staff, and for 40% of classified staff who work directly with students.
鈥淚n order to prepare school employees to help our students with mental health challenges, we must provide them with adequate mental health education and training,鈥� said Sen. Anthony Portantino, one of the co-authors of the bill, in a statement.
Current legislation requires the California Department of Education to identify evidence-based mental health training programs, but does not require the training be provided to their staff.
For Assembly Member Cecilia Aguilar-Curry (D-Winters), general health is a pressing issue. She authored , which would have schools recommend to parents that their children be fully immunized against the human papillomavirus, or HPV, between the sixth and eighth grade.
It will also guarantee that the HPV vaccine is completely covered, regardless of health insurance status, by expanding coverage requirements for the HPV vaccine and expanding comprehensive clinical family planning services.
Aguilar-Curry said she introduced this bill in the hopes that young people would have the knowledge to prevent cancer early when the vaccine is most effective. However, this bill proved to be contentious, as many wrongly associate HPV with a sexually-transmitted infection.
Caste discrimination and repealing the anti-discrimination travel ban
Seven years after banning taxpayer-funded travel to states with laws that discriminate against LGBTQ people, lawmakers opted to repeal the ban in favor of what Senate leader Toni Atkins calls a more positive, inclusive approach.
will allow state and public university employees to resume travel to 26 mostly Republican-led states and create a donation-funded marketing campaign to promote inclusiveness for the LGBTQ community. Newsom has already signed the bill, writing in a statement that it 鈥渉elps California鈥檚 message of acceptance, equality and hope reach the places where it is most needed.鈥�
Another bill approved by the Legislature would make California the first state in the nation to explicitly ban discrimination based on caste. fiercely divided the state鈥檚 large South Asian communities, some of whom argued it is unnecessary and that making caste a protected class insinuates people of Indian descent discriminate against each other.
Litigation over caste-based discrimination is rare in California. In a 2020 lawsuit against the tech company Cisco, the state alleged managers discriminated against an employee of a lower caste, but .
Prisons
After approving a bill that would limit solitary confinement last year, the author pulled this year鈥檚 iteration. would have defined solitary confinement in state prisons, county jails, and any other detention facilities, limited it to 15 days and for people who are young, old, pregnant or disabled.
Its author, Assembly member Chris Holden (D-Pasadena) said he pulled it because there were concerns from other lawmakers the bill was too similar to a previous version, which Newsom vetoed. He is also waiting on forthcoming regulations from the California Department of Corrections and Rehabilitation that could change which incarcerated people are eligible for solitary confinement.
AB 280 is eligible to come back in 2024.
CapRadio's Laura Fitzgerald contributed to this report.
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