Thursday, August 15, 2024

What we’re watching on suspense

Presented by American Recyclable Plastic Bag Alliance: Inside the Golden State political arena
Aug 15, 2024 View in browser
 
POLITICO California Playbook

By Lara Korte and Dustin Gardiner

Presented by American Recyclable Plastic Bag Alliance

FILE - A pedestrian walks by the California Capitol, May 16, 2019, in Sacramento, Calif. California lawmakers have agreed to put two bond measures on the ballot in November, one that would ask voter approval to borrow $10 billion for climate programs and another that would allocate $10 billion to build or repair public schools. The measures that will appear on the Nov. 5, 2024, ballot were announced Sunday, June 30. (AP Photo/Rich Pedroncelli,   File)

California state Capitol. | AP

THE BUZZ: THE (ALMOST) FINAL HURDLE — The Assembly and Senate Appropriations committees are sharpening their knives today as they prepare to run through hundreds of bills in quick succession, sending some of the proposals to floor votes and leaving others on the chopping block.

The committees have spent months slowly adding bills to their suspense files, and today is the deadline to advance or kill them. Suspense day, as it’s known around the Capitol, is a notoriously opaque process — and can be a convenient way for leadership to dispose of legislation it doesn’t like.

With that in mind, we’re keeping our ears open for a few key bills, which have faced headwinds throughout the legislative process and could be a target for the committees.

Here’s what we’re watching:

— Anything with a big price tag: This is always true but especially during tough budget cycles. High prices have been known to give lawmakers cold feet and increase the odds of a veto. That’s also why we often see bills come through the committees with amendments to shave off costs — it’s the result of authors striking a compromise.

One example of this is Assemblymembr Rebecca Bauer-Kahan’s bill on preventing bias in algorithms. The committee estimates it could cost billions of dollars to implement. Bauer-Kahan told our own Jeremy B. White earlier this week that she thinks that figure might be off, but added that “we’ve been working really diligently to offer up cost-cutting amendments.”

— Artificial intelligence: State Sen. Scott Wiener’s sweeping proposal to regulate large AI models has been the subject of fierce criticism from opponents, including Silicon Valley giants like Y Combinator and A16z who argue the bill would hurt startups. Opponents of Wiener’s bill, which would create a new state division to implement the law, also argue it’s too costly.

We’re also keeping an eye on Assemblymember Cecilia Aguiar-Curry’s second attempt to pass a bill related to autonomous driving technology. Aguiar-Curry’s Assembly Bill 2268 would require human safety drivers in heavy duty trucks. A nearly identical bill was vetoed by Gov. Gavin Newsom last year.

Wicks’ journalism bill: Assemblymember Buffy Wicks has spent more than a year trying to fine-tune a measure that would force certain online platforms to fund California news coverage. Since Assembly Bill 886 cleared Senate Judiciary this year, Google has been waging a very public campaign against it, complete with TV and digital ads. Last we heard, Wicks and Google were still in discussions on potential amendments.

As chair of the Assembly Appropriations Committee, Wicks definitely has an advantage, but that doesn’t guarantee passage in the other chamber’s committee.

—  Legacy admissions: A bill from San Francisco Assemblymember Phil Ting could make California the first state to penalize private universities that practice legacy admissions. Ting has unsuccessfully pushed a ban before, but the recent Supreme Court ruling gutting affirmative action has stirred up momentum in numerous statehouses this year to target legacy and donor admissions. His latest proposal, which could draw the ire of alumni and donor networks, would have major implications for the state’s biggest private institutions such as USC and Stanford. The two schools have not taken a position on the bill but are part of the Independent California Colleges and Universities, which opposes the measure unless financial penalties are removed.

— Pharmacy benefit managers: There was a lobbying frenzy around Wiener’s Senate Bill 966 during the summer recess. The proposal would impose a host of new regulations on pharmacy benefit managers, the middlemen often involved in complicated deals between pharmaceutical companies, pharmacies and health insurance plans. Though it’s sailed through both houses so far, it’s faced pushback from groups that represent PBMs and health insurers. Pharmacists, drug companies and doctors have been pushing for the suite of regulations, which could become the most stringent in the country.

Xylazine: State Sen. Angelique Ashby’s bill to regulate xylazine, or “tranq,” might’ve been held in the Assembly Public Safety Committee, but a similar measure by Assemblymember Jasmeet Bains is still in play. Her Assembly Bill 3029 goes a bit further than Ashby’s by allowing the state to test for “emerging substances” other than xylazine. She also accepted an amendment that would let the federal authorities go first in regulating the substance.

Social media: Companies could face serious final pain for negligently harming kids under Assemblymember Josh Lowenthal’s AB 3172, which would allow penalties of up to $1 million per child. The bill has notched broad bipartisan votes, and supporters have been heartened by the governor and First Partner Jenifer Siebel Newsom assailing Silicon Valley’s approach to youths online. But it's facing strenuous industry resistance and the Senate analysis found "significant" costs to the courts.

Anything by state Sen. Marie Alvarado-Gil: The newest member of the Republican caucus has already been kicked off her committee assignments for switching parties last week, and we could see that retribution continue today. The senator has nine bills on the agenda, and has said she’s particularly concerned about two proposals that would increase criminal penalties for sexual assault and threats against schools and places of worship, and another on improving water infrastructure for rural communities threatened by wildfires.

“This is not just about one senator; this is about ensuring critical legislation is not sacrificed on the altar of political retribution,” she said.

with help from Jeremy B. White, Eric He, Rachel Bluth and Tyler Katzenberger

GOOD MORNING. Happy Thursday. Thanks for waking up with Playbook.

You can text us at ‪916-562-0685‬‪ — save it as “CA Playbook” in your contacts. Or drop us a line at lkorte@politico.com and dgardiner@politico.com, or on X — @DustinGardiner and @Lara_Korte.

WHERE’S GAVIN? Nothing official announced.

 

A message from American Recyclable Plastic Bag Alliance:

California is about to ban more than just recyclable and reusable plastic grocery bags. The broad language in SB 1053 and AB 2236 threatens washable and reusable grocery bags and popular, commonly purchased items like sandwich bags, trash bags, backpacks, and insulated cooler bags, too. Recycled paper bags will be your only choice. California legislators: oppose SB 1053 and AB 2236. This legislation will set a precedent that California shouldn’t celebrate. Learn more.

 
STATE CAPITOL

An ad from the Communities for California Cardrooms sits outside of the state Capitol on Aug. 14, 2024.

An ad from the Communities for California Cardrooms sits outside of the state Capitol on Aug. 14, 2024. | POLITICO

INVOKING KAMALA — One Sacramento interest group has taken a new tack in lobbying legislation — tying their argument back to Vice President Kamala Harris. 

Communities for California Card Rooms has taken out new ads around the Capitol asking lawmakers to “preserve Kamala’s AG legacy” and vote against Senate Bill 549 by Democratic state Sen. Josh Newman, a proposal that touches on a years-old dispute between California tribes and card rooms over what types of games each can offer in their establishments.

Harris, during her time in office nearly a decade ago, was just one of many California attorneys general who dealt with the sticky issue of gambling rights. Card rooms are now trying to tout that work, saying she consistently affirmed cardrooms’ right to offer certain games, while tribes say she actually tried to crack down on them.

That debate aside, the use of her name in current lobbying efforts underscores the growing power of her political clout as the likely Democratic presidential nominee-to-be.

 

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SCOOP: BROADBAND BATTLE — Assemblymember Mia Bonta’s bid to prevent internet companies from providing lower-quality service to minority groups has a new opponent: 40 rural counties, our Tyler Katzenberger is first to report.

In a letter shared exclusively with POLITICO, the Rural County Representatives of California said recent changes to Bonta’s bill increase the risk that local governments looking to expand high-speed internet service could face costly legal challenges.

Bonta’s bill was already on thin ice after fierce opposition from big broadband companies and business groups, which nearly sank the bill last month before it advanced past the Senate Energy, Utilities and Communications Committee. But opposition from rural counties hits harder: The group represents parts of California that often lack reliable internet, not the big business interests Bonta’s legislation is intended to target.

A spokesperson for Bonta said the Bay Area lawmaker will continue collaborating with key players to craft “the most effective bill to protect Californians from digital discrimination."

Bonta’s legislation is in the Senate Appropriations Committee and will be heard today alongside a mountain of other pending bills.

POLITICO Pro subscribers can read more here.

 

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ON THE AGENDA

FLOOR SESH — The Assembly and Senate will both convene at 9 a.m.

SUSPENSE DAY — The Assembly and Senate Appropriations Committees will take up their suspense files immediately after the adjournment of the floor session.

CLIMATE AND ENERGY

FIRST BIRTHDAY — California Climate celebrated its one year anniversary yesterday. Revisit a wild year of wildfires, electric bills, emissions disclosures and highway politics — and see what we're watching for next — in last night's edition.

Top Talkers

TECH LAYOFFS: Cisco Systems will cut an additional 7 percent of its global workforce, the tech giant announced Wednesday, as part of its shift toward artificial intelligence and cybersecurity. The news follows an announcement in February that the company would eliminate more than 4,200 positions. (San Francisco Chronicle)

TIP TAX: Why Harris, some Democrats and a Nevada union are embracing Trump’s no taxes on tips policy. (POLITICO)

 

DON’T MISS OUR AI & TECH SUMMIT: Join POLITICO’s AI & Tech Summit for exclusive interviews and conversations with senior tech leaders, lawmakers, officials and stakeholders about where the rising energy around global competition — and the sense of potential around AI and restoring American tech knowhow — is driving tech policy and investment. REGISTER HERE.

 
 
AROUND THE STATE

— Newsom was once Joe Biden’s biggest cheerleader. It’s a bit of a different story with the Kamala Harris campaign. (CalMatters)

— Human Rights Watch slams L.A. and the state for criminalizing homelessness. (Los Angeles Times)

— A mother of eight was shot while confronting suspected drug dealers in Oakland, family says. (San Francisco Chronicle)

 

A message from American Recyclable Plastic Bag Alliance:

SB 1053 and AB 2236 will do more than ban just recyclable and reusable plastic grocery bags – their broad language threatens the sale of popular and convenient everyday products like sandwich bags, trash bags, backpacks and insulated cooler bags, too. By mandating only recycled paper bags, these bills would undermine over a decade’s worth of positive recycling policy that has contributed to millions of pounds of plastic recycled per year. Many Californians reuse current durable plastic bags, which are made with over 40% recycled material, for various purposes, including as garbage bags. Recycling is real, and there are California-based companies that recycle plastic bags, provide jobs and create tax revenues, which will all be lost if SB 1053 and AB 2236 pass. This legislation will hurt California consumers and its workers and create legal uncertainty for retailers when it comes to enforcement. These bills are wrong for California. Learn more.

 
PLAYBOOKERS

PEOPLE MOVES — Dean Grafilo has been promoted to partner at Capitol Advocacy. Dean joined the firm in 2019 and is co-chair of its procurement practice, under the healthcare, financial services, technology and attorney general practices. He was previously director of the California Department of Consumer Affairs, and was chief of staff to Rob Bonta, when the now-AG served in the Assembly.

— Assemblymember Chris Ward is the incoming chair and state Sen. Caroline Menjivar is the incoming vice chair of the California Legislative LGBTQ Caucus. The leadership transition will take effect Dec. 2.

WANT A SHOUT-OUT FEATURED? — Send us a birthday, career move or another special occasion to include in POLITICO’s California Playbook. You can now submit a shout-out using this Google form.

CALIFORNIA POLICY IS ALWAYS CHANGING: Know your next move. From Sacramento to Silicon Valley, POLITICO California Pro provides policy professionals with the in-depth reporting and tools they need to get ahead of policy trends and political developments shaping the Golden State. To learn more about the exclusive insight and analysis this subscriber-only service offers, click here.

Want to make an impact? POLITICO California has a variety of solutions available for partners looking to reach and activate the most influential people in the Golden State. Have a petition you want signed? A cause you’re promoting? Seeking to increase brand awareness amongst this key audience? Share your message with our influential readers to foster engagement and drive action. Contact Rebecca Haase to find out how: rhaase@politico.com.

 

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