Pending Legislation

On December 3, 2018, new members of the California State Senate were sworn in and the 2019-20 Legislative Session began. Over the year, Senator Hertzberg authored a number of bills that fine tune water and energy policy, seek consumer protections for Californians, and improve on his prior legislative efforts. Governor Newsom has until October 13, 2019 to sign or veto bills; check back often for the latest updates on Senator Hertzberg's 2019 legislation!

SB 36 - Pretrial Risk Assessment Data & Accountability - Signed by Governor

SB 36 requires each court or county that uses a pretrial risk assessment tool to maintain individualized data regarding the tool’s inputs and outcomes, as well as any associated recommendations to the court. The measure will ensure that risk assessment tools are thoroughly evaluated to ensure effectiveness in mitigating risk while minimizing biases and disparate results based on race, ethnicity, gender, economic circumstances, and behavioral or developmental disability.

SB 41 - Equity in Civil Damage Awards - Signed by Governor

SB 41 prohibits consideration of a plaintiff’s race, ethnicity, gender, religion or sexual orientation in the calculation of monetary damage awards in civil damage awards.

SB 51 - Cannabis Banking - 2 year bill; still active in 2020

SB 51 creates a limited-purpose, state-chartered bank license that would be administered and regulated by the Department of Business Oversight. Privately-funded banks that receive this charter would be able to provide limited banking services to licensed cannabis and cannabis-related businesses. This bill is a follow-up attempt to SB 930 (Hertzberg, 2018), which was held by the Assembly Appropriations Committee. 

SB 63 - For-Profit College Student Tax Relief - Signed by Governor

SB 63 would ensure students impacted by the recent closures of Brightwood Colleges across California are not penalized for the failure of the for-profit college. This bill ensures that federal loan debt assistance is not considered “gross income” for tax purposes.

SB 134 - Long-Term Water Use Efficiency - Signed by Governor

In 2018, SB 606 (Hertzberg, 2018) was signed into law, establishing, for the first time, permanent long-term water use efficiency standards and goals across the state. SB 134 establishes certain clarifications for urban water suppliers. 

SB 192 - Posse Comitatus - Signed by Governor

Currently, it is a misdemeanor for any able-bodied person over the age of 18 to neglect or refuse to join a posse called by a peace officer. SB 192 would abolish this outdated and unnecessary crime from California law.

SB 205Stormwater Quality Improvement Act - Signed by Governor

SB 205 would diminish water pollution by requiring applicable industrial facilities to demonstrate compliance with the Industrial General Permit (IGP) when applying for their business license or renewal. This would standardize the filing process for all facilities subject to an IGP, encouraging uniformity with water quality requirements, and would bolster California’s efforts to keep harmful pollutants out of precious water sources.

SB 229 - Whistleblower Protections - Signed by Governor

This bill builds on protections created by SB 306 (Hertzberg, 2017) to strengthen due process for workers who have reported illegal activity in the workplace.

SB 237 - California STEM Laureate - Stalled in committee

Spreading awareness and understanding of STEM advancements is a critical element of preparing California citizens of all ages for a technology-intensive future and ensuring that California remains a global leader in innovation and high-tech success. SB 237 will establish the position of California Laureate for STEM to be appointed by the governor. The Laureate will travel throughout the state to schools, universities, and events to better inform, educate, and excite Californians about STEM issues.

SB 254 - Resilient Homes Initiative - 2 year bill; still active in 2020

SB 254 requires the California Earthquake Authority (CEA) to identify operational savings and immediately invest them in proactive mitigation efforts - like residential retrofitting - that will improve California’s resilience against the next major earthquake. 

SB 258Supporting Both Ends of the Leash - Enacted as part of 2019-20 California State Budget

This bill makes $5,000,000 available, to homeless shelters to serve the needs of pets for people experiencing homelessness, such as shelter, food, and basic veterinary services. When we make accommodations for pets, we support both ends of the leash by bringing individuals into shelters who otherwise would not seek wraparound care.

SB 265Commitment to Child Hunger Prevention - Signed by Governor

Under previous law, when a school meal debt owed by a student's parent or guardian went unpaid, schools often denied the student lunch, or offered them an alternative, essentially publicly shaming the child. SB 250 (Hertzberg, 2017) made that practice illegal, but some schools are still maintaining policies that discriminate against children because they didn’t have lunch money that day. SB 265 ensures that meal charge policies established by school officials do not delay or deny food, or provide an alternative meal to punish students.

SB 315 - Opportunity Zones - Stalled in committee

The 2017 Tax Cuts and Jobs Act passed by the federal government reduces capital gains taxes for real estate and business investors in designated low-income areas, called Opportunity Zones. However, the federal law does not require that zone investors report basic data on their investments. SB 315 would require the Governor’s Office of Business and Economic Development, in cooperation with the Office of Planning and Research, to track information related to Opportunity Zone investments.

SB 318 - Bail and Immigration Consumer Protection Act of 2019 - Stalled in committee

SB 318 strengthens protections for vulnerable California consumers by making it clear that consumer financial protection laws apply to all bail and immigration bond companies.

SB 332 - Local Water Reliability Act - Stalled in committee

California’s wastewater has historically been treated solely as waste – used once, treated, and then disposed of through offshore dumping. SB 332 sets a new course for California’s water future by declaring the discharge of treated wastewater into ocean outfalls as waste and unreasonable use of water. It will also set bold but necessary goals for the recycling and re-use of treated wastewater.

SB 342 - Trusted Ticketing - 2 year bill; still active in 2020

Dishonest marketing companies often manipulate internet searches by using the venue or artist name to bait consumers into believing they are purchasing the lowest-priced tickets directly from a venue, when that is not the case. SB 342 would prohibit the use of specific team names, leagues, venues, events, performances, or other trademarks in the URL of non-official ticket websites.

SB 350 - Electricity Reliability Act of 2019 - Stalled in committee

The rapid growth of Community Choice Aggregators, Direct Access providers, and Behind the Meter services has changed the retail electricity market. A key focus for the state going forward will be how state regulators will ensure long-term resource procurement for reliability in such a disaggregated market, while still meeting statewide goals for reliability, sustainability, and affordability. SB 350 would modify existing law to ensure that the CPUC could implement a multiyear central Resource Adequacy mechanism that includes a central procurement entity that could cover gaps in long-term contracting and ensure access to capital across market players.

SB 369 - Safe Parking Lots - Stalled in committee

More than 9,000 people are living in cars and recreational vehicles on any given night throughout the city of Los Angeles. So many of our most vulnerable are just one citation or one tow truck away from losing everything. SB 369 would establish a statewide definition for safe parking programs, and would expand eligibility for people to enroll in programs like the SMOG Assistance Program, as most individuals who find themselves living in their cars are often most unable to afford the fines and fees related to the upkeep of a vehicle.

SB 373 - Blockchain Vital Records - Stalled in committee

SB 373 gives County Recorders the ability to electronically distribute certified copies of certain vital records quickly and securely using blockchain technology. Blockchain is a distributed ledger that takes records or transactions and stores them on multiple
computers across a closed network. These transactions are cryptographically linked and secured, which enhances security against potential hacking.

SB 389Mental Health Services Act for Parolees - Signed by Governor

The Mental Health Services Act (MHSA) currently prohibits using funds for certain treatment services for state parolees. Should members of this population suffer from a mental health crisis that goes untreated, they could be at greater risk of recidivism and potential harm to themselves or to the community. SB 389 amends the MHSA to authorize counties to use money from the MHSA to provide services to people who are participating in a presentencing or post sentencing diversion program or who are on parole, probation, post release community supervision, or mandatory supervision.

SB 438 - EMS Dispatch Services - Signed by Governor

Some efforts to privatize public services, such as law enforcement, fire protection, and emergency medical response, along with the dispatch of such services, have resulted in increased costs to citizens, a reduction in services provided, and in some cases a failure to deliver timely services. SB 438 will prohibit a public agency from outsourcing its local emergency dispatch services to a private, for-profit entity – except when pursuant to a joint powers or cooperative agreement.

SB 520 - Electricity Safety Net - Signed by Governor

Senate Bill 520 establishes a safety net for electricity customers, ensuring that service continues without disruption or extreme price shocks in the event that an electricity provider exits the market for any reason. 

SB 671Wage Payment for Print Media Employees - Signed by Governor

SB 671 harmonizes existing law regarding payment of wages to short-term entertainment industry employees by allowing employers to pay individuals hired for print media photo shoots on the next scheduled pay day, rather than the last day of employment. This will bring the payment timeline for employees working in print media photo shoots into alignment with those in other short-term, assignment-based employment relationships.

SB 743Design-Build Contracting for School Districts - Signed by Governor

SB 743 clarifies stages of the design-build project delivery method to assist school districts in achieving their environmental and project goals. This clarity harmonizes the environmental review process with the recognized economic benefits afforded to school districts by utilizing the design-build contract.