Hi good morning and welcome
everyone to Assembly
judiciary for the twenty sixth
of April twenty twenty two
Like to welcome everybody here
in the room and note that well
we are no longer requiring
masks macs are encouraged
As is physical distancing
just to in trying to keep
everyone safe so there are
and now for this hearing to
ways to testify one is in the
room here and it at the time
your call please come up and
if there's anyone who is going
to testify you're welcome to
come up to the tables for add
on testimony there will
be a microphone here we do
ask that you do not touch the
microphone for members of the
public who wish to call in
there will be a number on the
screen also in the Committee
website the toll free call in
number is eight seven seven
six nine two eight nine five
seven again that's eight seven
seven six nine two eight nine
five seven and the public
access code is one three one
five four three seven that's
one three one five four three
seven so we do not yet have
a quorum but we can start as a
subcommittee as we do have an
author here his arrest why don't
you start us off today so we'll
start with our item number eight
AB twenty seven fifty three
thank you Mr
chairman and members
AB twenty seven fifty three
will establish a digital equity
bill of rights will make it
the policy of the state for
broadband to be sufficient
affordable and accessible would
also require the California
public utilities commission
to adopt rules that facilitate
equal access to broadband
internet service I would like
to thank the committee for
working with my office on
providing clarity on the issues
related to litigation amendments
would create a rebuttable
presumption for the state
based on a reasonable timeline
covered nineteen highlighted
how wide the digital divide is
in California and how crucial
broadband infrastructure has
become to modern life we saw
working class families in
both urban and rural counties
struggle with having their
children learn over soon because
of a lack of affordable and
reliable internet services
it is clear that access to
reliable and affordable high
speed internet is becoming
a necessity in today's day
and age AB twenty seven fifty
three will make broadband more
affordable and reliable by
first establishing the policy
of the state to ensure digital
equity for all residents of
the state next declare that
all residents of the state
have a right to broadband
that is sufficient reliable
affordable and accessible and
the third requiring the CQC
to adopt rules to facilitate
equal access to broadband
internet service and account
for technical and economic
feasibility presented by
equal access it is clear
the broadband technologies
and services are the defining
trait of the digital age well
the Legislature has supported
projects that are critical
to bridging the bridging the
digital divide the state needs
to ensure the beyond these
investments Californians have
safe and reliable and affordable
internet access Digital access
is a twenty first century
civil right and should be
treated as such her to testify
in support of this bill today
senator Richard Polanco with a
California merging technology
fund and Jan gallon auto student
at Los Rios community college
district thank you and so madam
Majority Leader the amendments
you listed your taken those
as authors amendments yes
thank you very much all right
senator good morning Mr chairman
members of I'm here today
representing the California
emerging technology fund -- it
is a public benefit corporation
that was established by the P.
UC by virtue of legislation also
here representing the California
digital equity coalition we are
the sponsors of this bill --
that we want to acknowledge the
opportunity that was afforded
to us the and the analysis are
in the work that your staff is
done -- we believe that the
amendments go in the furtherance
off and bring clarity to the
issue I don't know if it's
at this point in time for me
to maybe address some of the
concerns from the opposition
-- which have outlined
them in the letter to you all
if it is appropriate or if
not we can wait till they
testify and then I can respond
ourselves get directions from
the chair it's entirely up to
you thank you Mr chairman I'll
take the opportunity -- the
letter that has been provided
in opposition House states
that -- they are strongly in
support of the goal however
-- for whatever reason they
cite them they think that --
this is not a position that
they can support historically
members you should be aware
that the digital divide a
debate and broadband debate
has historically had opposition
from this association it
did not support the internet
for all built in AB
sixty sixty five which was the
basis that -- allowed for
-- additional legislation
to be able to come forth
are they are not supporting
the public housing account
in the Advanced Services
Fund -- they did not support it
last year -- this is money that
can and should and is necessary
to be used in our public housing
complexes these are complexes
that engage senior housing
and other types of government
housing including farm
worker housing their history
shows that they have been
on record not supporting the
affordable internet -- net
equality act and so I want
to leave just the message
that although the V.
let me let me let me rephrase
this -- I believe
that the cable industry has
a place and is a stakeholder
however we are facing
incredible disproportionate
impacts in our local communities
be they rural or urban
the data is apple
whether it's Q. research
whether it's research coming
from universities the data is
very clear that there is
a red line anti
broadband delivery deployment
that we need to deal with it
from a public perspective and
-- this particular bill is a
bill that allows for recourse
if and when there is
-- documentation
and evidence and it is not
uncommon for this legislature
in this body to respond
it did with the California
voting rights act it did
with the farmworkers act
to protect farmworkers and
we are asking that it also
be -- with this particular
bill be brought forth to
protect and enhance reliable
affordable high speed internet
Ste in the underserved
and unconnected communities
thank you very much for the
opportunity to address you
and we ask for your apple
thank you -- we do have
another witness Chen
Colorado with this in person
though not with us today right
operator will move to the
phones is there anyone who
would like to indicate support
for AB twenty seven fifty three
I would like to speak in
support of this bill please
press one and then zero
on your telephone keypad
one moment please we
do have one coming up
what a line number twenty one
that's two one your line is open
good morning Sir members Kurt
Blackburn calling on behalf of
the San Diego association of
governments vandaag in support
amateur there's no one
else in the queue at this
time I thank you we will
now move to opposition
I do not have opposition
listed is there anyone in
the hearing room I'm for
yeah we're gonna
such over with with Los
Angeles unified school
district in support
-- thank you
warning Mister chair members
Bernie Roscoe with a California
cable and telecommunications
association so --
listen to your testimony Center
Polanco I'm gonna have to take
some Umbridge with her your
comments so the challenge
for broadband and the latest
California Advanced Services
Fund report just came out
just last week and so of the
thirteen point three million
households in California
approximately five three hundred
fifty thousand households do
not have any access whatsoever
to broadband so so that's
that's a challenge there to
build facilities there to
the household to have access
ninety seven point two percent
of California households
have access to twenty five in
three broadband today but
approximately two million
households that could sign up
for broadband service do not
sign up so this is the latest
California vents Services Fund
report from the public utilities
commission these are their
numbers not ours no one has done
more for broadband deployment
and adoption I think in the
cable industry and I challenge
everyone to that to that comment
the ninety seven point two
percent broadband deployment
in the state is based all on
private investment the cable
industry until more recently has
never really taken a dime from
government to do that so to
the bill we are very supportive
of broadband equity we support
private equity we have been
doing private equity firm
since we have been deploying
broadband so the question for
the committee though is is this
the best approach is the best
way to meet that challenge to
ensure that those who do not
have broadband have not adopted
or do not have access to it is
this the best way to do it and
and I would say not I would
say the best thing we need to
do and it's in our letter that
we share with the committee
is to have a partnership with
the federal government to have
their adoption programs or
deployment dollars match up
with the plans of the cable
industry and the telco industry
and that would be a far better
reports our approach to the
issue of redlining there have
been no conclusive studies that
show that the cable industry
or a telco industry redline
so that starting off with that
very premise is --
sort of -- upsetting so
I would say I would love to
see the studies that show
that there is redlining there
are challenges to broadband
deployment -- in some cases
in public housing we're not
allowed access government owns
those buildings -- years ago
when they built those buildings
they didn't want to support the
infrastructure to go into those
facilities I thank the senator
Bradford then something that
Bradford was upset Nickerson
gardens in Los Angeles couldn't
have broadband access because
we couldn't get in there so we
support legislation last year
by a senator Bradford to help
deploy broadband adoption
literacy and access to public
housing units we did a bill
with cinnamon daily to insure
that low income households
students to get broadband access
The Daily bill was vetoed by
the governor he thought he's
has done enough for K. twelve
students and -- Bradford
bill was held in the Assembly
Appropriations Committee so we
are working very hard to to get
adoption to get deployments --
hi are only questions for the
committee is I think this is
this proposal should be more
of a policy that's backed up
by actions either budgetary
earlier legislatively or from
the administration you had six
billion dollars adopted last
year not not a single penny
went to an adoption program --
it's permissive it's in there
it's -- but it's not explicit
it wasn't explicitly adopted
and your legislative plan of
the six billion dollars to save
this much money should go to
adoption so anyway -- for all
those reasons you just got me
got me all worked up center
parking so you yeah you got
me flustered and that's okay
all I will say is that we are
supportive of digital equity
our only question is we are not
supportive of this approach we
would -- we would love to work
with the S. a Mormon we've had
conversations with Assembly
woman I'm Center plunk up and
we look forward to working with
in the future but for now we are
approaching the bill in front
of you we are oppose thank you
thank you anyone else in the
hearing room like to speak
in opposition of AB twenty
seven fifty three seeing
none operator would you open
the lines for anyone who'd
like to indicate opposition
to AB twenty seven fifty
three and we're not taking
testimony but we will take
name affiliation and opposition
if you do wish to speak in
opposition please press one
and then zero at this time
we DO one late one that's
coming up please allow a moment
I will go line number thirty
line three zero your line
is open I thank you Mister
chair the Jonathan era bell on
behalf of the TI eighty trade
association for the wireless
industry also in opposition
Mister chair there is no
one else in kill thank you
operator you may close the
lines of bring it back to the
committee questions comments
was Kalra I did get my coffee
this morning of the needed
amount I'm awake now --
as well as when I think you
ought to bring this for you know
I I represent City sounds at the
capitol so can Valley and yet
other far too many of families
far too many children that
don't have access to internet
all that on high speed internet
and so I think this problem is
pervasive whether you're in a
rural community urban community
-- and it is something that we
just have to make a very clear
statement on that that holds our
feet to the fire -- and I think
industry -- you know how to be
part of the solution I think
that we're gonna have to put
resources into it there's gonna
be a lot of it would have to put
policy to back it up but you
have to start with making this
very clear -- the statement
and I think with this of the
bill of rights it does that
and I think because it puts
the responsibility on us in the
years ahead -- meant to move to
follow through on it and so I I
appreciate this bill coming four
look for to working with the
other on the thank you for the
comments all right thank you
this Reyes for bringing this
forward and for those of us have
been working in this space for a
long time thank coming providers
of fought us tooth and nail
every step of the way
and they used to cystic six
very cleverly but the fact
is is that geographically we
don't really have appropriate
penetration of potentially
broadband in every place in
California and this sort
of archaic notion of twenty
five and three is absolutely
ridiculous and they hold on
to that and because that's a
pricing model it is pricing
people out of the band with
that they actually need on a
day to day basis we need to
get to symmetrical and we need
a lot more capacity because
when folks are conducting
business or school operations or
others they need that capacity
given the state of where the
electronics are today so I eight
this is always interesting when
the incoming providers come in
and are really trying to block
efforts to provide broadband
services in a lot of areas I I
have a community where we have
in common provider for about
half of what is effectively
a school district had outside
of where that provider has
decided to invest about
half of those kids a lot of
the more we see in the images
of kids going to Taco Bell to
get broadband well nobody's
report of these kids because
they're not sitting in a public
place there's the and or in a
visible place like a fast food
outlet there sitting outside the
school classroom Friday evening
Saturdays and Sundays in order
to check is the only place that
they can get adequate coverage
for broadband and the income
a providers have blocked every
single move every single move to
try and have others provide
that service out there so they
the providers cannot sit there
and say we've we're doing
everything when in fact they've
been for years blocking a lot
of these efforts to to truly get
broadband where it's needed the
most and so I appreciate your
efforts here -- it enjoys an
aye vote we will certainly
take a motion once we get a
quorum but I I appreciate your
efforts here about -- Majority
Leader with that human clones
thank you and I think that
-- center and I were talking
about the fact that there have
been lots of challenges in the
past but now there has been
billions of dollars invested
and now we have no excuse we've
to many children and too many
-- marginalized communities
without broadband without
reliable broadband and they
deserve to have it and this bill
tells us that this tells them
that the state of California
is committed to them and with
that when we have a quorum I
respectfully ask for an aye vote
thank you thank you thank you
Mr chairman members all right
Mr Levine will move to item
number two AB nineteen seventeen
good morning Mister chair
and committee members it's
my birthday it's so nice to
be with all of you today --
AB nineteen seventeen would
ensure that personal information
collected through contact
tracing cannot be used for law
enforcement purposes since the
beginning of the code nineteen
pandemic there have been over
in happen in cases of coca
nineteen in California and over
eighty eight thousand people
have died as a result of the
virus one of the strategies
used to limit the transmission
of cobit nineteen has been
the use of contact tracing
which identifies individuals
who test positive for code
and the individuals they may
have been in close contact
with measures must be taken to
protect Californians personal
information and build public
trust that contact treating
information will not be used
inappropriate inappropriately
by law enforcement agency this
is especially important minority
and immigrant communities who
have been disproportionately
impacted by coded Reports of
law enforcement officials being
used to conduct contact rations
only a poor use of public
resources it is inappropriate
in a road public trust in our
efforts to control this in
future pandemics the use of
contact tracing AB nineteen
seventeen will increase public
confidence in future contact
tracing efforts and ensure that
contact tracing data is used
only for public health purposes
and I have a witness on the
phone back at Kramer matter from
ACLU thank you I do have that
support when this listed Becca
Kramer matter are you with us
operator do you have
that Becca Kramer
matter -- style then
are you able to not able
to hear me I know we can
okay great matter on
behalf an ACLU California
action and support AB nineteen
seventeen center public
health in California Bonta
communicable diseases ensuring
all Californians can participate
in important contact checking
effort it is in line with other
recent legislative initiatives
The New public health responses
from the police to non law
enforcement entities not only
is contact tracing and I'm an
inappropriate function for the
police are on and hang on a
pleased with public health
as necessary to ensure that
people cooperate with contact
tracing my contact information
about who a person up with
when and where is collected
by police it negatively impact
public health goal because
people made cherub last of
their personal information
if it might implicate them
in a crime or risk labeling
them of Mr he added that it
has a king member for example
there's also a high degree of
distrust for law enforcement and
many communities particularly
immigrant and those that are
most impacted by police violence
and over police came and checked
we seem to last
you can you hear us
operator what happened
I do does appear that
her line disconnected
okay when we give her a
minute to call back in
I thank you Mr sure so in
the meantime is there anyone
here in the hearing room
who would like to speak in
support of AB nineteen seventy
all right seeing none
operator would you open the
lines for anyone who would like
to indicate support for a bi
nineteen seventeen and if we
get back a Kramer matter back
on she can finish her testimony
certainly once again
if you'd like to if
you like just give me
if you'd like to speak
out on this -- bill please
press one then zero at
this time one moment please
Caroline number twenty six
it's two six your line is open
hi Daddy with broken
privacy in support of AB
nineteen seventeen thank you
Mister chair there's no
one else into it this time
okay we will move to opposition
then and again operator if Becca
primer matter calls back in
we'll give her the opportunity
figures her testimony is
there anyone here who would
like to speak in opposition
of AB nineteen seventy
seeing none operator
would you open the lines
for any opposition to
AB nineteen seventy
if you like speak in
opposition please press
one and zero at this time
and there is no one showing up
this time all right operator
you may close the lines and
we will bring it back to the
committee other questions
comments to the author seeing
none serving them sorry would
says connected again but you may
close yeah thank you very much
Mister chair -- this is --
have first introduced the bill
in contact tracing twenty twenty
the second version of this bills
in twenty twenty one hopefully
this -- third version -- which
has no opposition -- will be
-- a successful -- the session
-- and I'm grateful for the
work of the of the Canadian
staff to help us guide us to
this point -- and when the
of Corum will be grateful for
an aye vote thank you the death
right this Kalra wanted
to present your presenting
item number four AB twenty
five seventy one on behalf
of this power que Han
okay well
I though I've
called Mister Kalra
that's
thank you Mister chair and
members on behalf Assembly
member of our can today I
present AB twenty five seventy
one The bill that protects
impressionable children from
dangerous firearm advertisements
first I'd like to thank the
chairman is wonderful Committee
staff for their work to address
concerns in the bill and on
behalf of the author I accept
the committees amendments
thank you gun violence
is at its most devastating
when it threatens our children
in twenty twenty one there
were approximately two hundred
and fifty nine unintentional
shootings by children resulting
in a hundred and four deaths
and a hundred and sixty eight
injuries weapons used by
children of put other children
at risk ninety one percent of
the victims of the shootings
by children were also under
eighteen often siblings
of the children shooting
in California gun violence
is the third leading cause of
death for children and teens
the epidemic of deadly violence
is fueled by an industry that
encourages children to hold a
gun as soon as they can walk
gun manufacturers target our
kids are slick advertising even
children's books the advertising
for these weapons as shameless
children in California are not
allowed to buy or own a gun
yet they're advertised across
all forms of media cartoons
video games and social media
up providing first amendment
concerns this bill follows
similar state laws that place
limits on advertising politics
that adults may lawfully
purchase and use but not minors
for example alcohol cannabis and
tobacco AB twenty five
seventy one will prohibit a
person or entity from publishing
materials that advertise or
market firearms weapons to
anyone under the age of eighteen
it's quite simple this bill
would allow the Attorney General
a district or county attorney --
County council to bring a civil
action against each violation up
to twenty five thousand dollars
with me today on the phone is
Tonya Chardon attorney with the
Brady campaign and sitting next
to me is Emily alt from moms
demand action thank you Mister
car would take the first witness
here in the hearing room thank
you a good morning my name is
Emily all I'm a mom living in
Davis and I'm a volunteer leader
with the California chapter
of moms demand action for gun
sense in this role I connect
with parents and others all
around the state who want to
see California lead the way
on gun violence prevention I
have worked with a positive
parenting nonprofit and local
public health with the maternal
child and adolescent health
team in this work I have focused
on developing programs to
support parents and their kids
beginning a pregnancy through
early adulthood with the many
worries parents already have
the last thing they should have
to worry about is gun companies
trying to market firearms to
their kids in addition to my
work in public health I am also
a former kindergarten teacher
and my husband and I have raised
three kids as both a teacher
and a mom I know the importance
of setting clear guardrails for
kids including ensuring that
all kids know that firearms are
not toys the advertising
guns to minors by using stuffed
animals and cartoon characters
complicates parents ability to
make that clear distinction two
young kids that guns are not
toys this important message is
undermined when the state allows
guns to be advertised in ways
designed to appeal to children
promoting a guns everywhere
culture that tragically results
in some kids getting access to
guns and harming themselves or
others AB twenty five seventy
one would prohibit advertising
firearms in materials directed
to children and prohibit
publication of fire arms
advertisements or marketing
materials that are attractive
to minors our state laws
already had knowledge two truths
one firearms are especially
dangerous in the hands of minors
and to we have a responsibility
to regulate the marketing of
dangerous products to minors AB
twenty five seventy one built
a bridge between those concepts
and closes the gap in our state
law by regulating the marketing
of firearms to children we
should not allow for profit
companies to inundate our kids
with ads suggesting that deadly
weapons are desirable toy we
urge your yes vote on AB twenty
five seventy one thank you
thank you A. N. do we
have Tanya sharp with
us on the telephone
S. good morning everybody and
thank you so much for having
me on time you start I'm Peter
council director of state
and federal policy at Brady
I appreciate you allowing me
to testify today in support
of eighteen anti AB two five
seven one Israeli clearly
and exclusively targeting
commercial speech and the
further in advance -- interests
of the state of California
preventing gun violence --
yeah Bonta a public health
epidemic research recent
research shows that a twenty
twenty gun violence was the
leading cause of death for
children -- and teams in the
country which is to support
a research and evidence also
shows that farms are especially
dangerous in the hands of
minors or into this bill
is that it it further through
the same reason we do not allow
children to purchase guns and
only pet that's them in limited
circumstances we know that
children should not have access
to guns and that what they do
they are at high risk -- this
bill is limited to commercial
speech from gun industry
members and concerned commercial
speech directed at those who
are not lawful purchasers of
firearms namely miners it did
not impact commercial street
speech directed at legal gun
purchasers for all of these
reasons -- and in the interest
of saving lives we urge an aye
vote on AB two five seven one
thank you right is there
anyone him in the hearing
room who would like to
indicate support for a bi
twenty five seventy one and
we will be not taking further
testimony but name affiliation
and support for the bill
hi my main my name is Mary
Diplock I live in Sacramento
I live in Sacramento and
-- I am a survivor of gun
violence I am also
saying that here we're just
taking name of Philly okay I am
a volunteer -- just my name okay
and in support thank you thanks
hi my name is anatomic and I
live in west Sacramento and
I'm with a volunteer with moms
demand action for gun sense and
I'm in support of AB two five
seven one thank you anyone
else seeing none operator
you can would you open
alliance please for any
support for AB twenty five
seventy one can will take
name affiliation and support
and support please press
one then zero at this time
we'll go to line number forty
two that's four two your line is
open good morning turn
members cooking on and on
behalf of every town for gun
safety and support thank you
and we'll we'll go to line
number forty that's four
zero your line is open
hello my name is Kirti vente
of the rainy public policy
group I'm calling on behalf
of the city of Mountain
View in support of AB twenty
five seventy one thank you
Mister chair there's no one
else in queue at this time
I thank you we will now
move to opposition I have to
opposition witnesses listed
Dan read of the national rifle
association and Eugene Volokh
all who is an individual
are either of those on the line
pediatric care Dan read here
go ahead yes -- Eugene Volokh
we'll start with the and read
yes that Mr Care members the
committee for the record and
request regional director of the
national rifle association we're
here in strong opposition AB
twenty five seventy one the U.
S. Supreme Court made it clear
that commercial speech does
not fall outside the purview
of the first amendment and
-- that's from the Lorillard
tobacco case -- and they
applied the central Hudson
-- parks at in dealing
with commercial speech that
outlined so as long as that
-- the speech concerned a
lawful activity the government
must the circumstantial State
interested purportedly advanced
bites regulation on speech
the regulation must directly
advances certain interest in the
regulation of being there but
the nearest means of which the
to serve the state interest we
feel like this bill just failed
to meet that standard -- that
you can see this legislation
-- pants advertising that
detracted to minors and I'll
be brief because I I think
the professor has is going to
provide some really good insight
when it comes to the first
amendment in this bill but it's
still failed to account that
minors can't lawfully
possess firearms into for
many lawful activities such
as hunting or competition
shooting X. better up -- and
also that miners may find --
the advertising with the tractor
for the same reason why adults
-- find advertising attractive
and we just feel like this
is going to completely fail
on personal grounds we feel
like this could really target
-- for productive things such
as hunter Education in R. three
efforts by the state -- as
well as -- -- complicate you'd
shooting team six cetera --
and I'll yield the rest of my
time over to the professor --
but weren't strong opposition
thank you thank you N.
we do not allow time yielded
but I will call on you Jean
Volek go ahead please
yes yes thank you very much --
I'm Eugene Volokh a professor
of law at UCLA school of law
where I specialize mostly in
free speech law I'm testifying
solely on my own behalf I'm
not being compensated for this
testimony by anyway I think
even the bill as proposed to
be amended would violate the
first amendment for three
reasons what is it would
cover fully protected political
speech and not just commercial
advertising of a gun magazine
publisher for instance our gun
advocacy group that publishes
a magazine would likely be
covered as a quote firearm
industry member close quote
under the definition because it
was formed to advocate for use
or ownership of guns generally
might endorse specific products
and product reviews which of
course are common in magazines
and Lyft Kerry advertising for
cuts that publisher advocacy
group within be forbidden from
for instance using cartoon
characters even if it's in
its fully protected political
advertising it's a buys but by
is that a radio ad war right
-- internet ad or Billboard
urging gun ownership generally
and not any product in
particular but to even
as to commercial advertising
the law was unconstitutionally
vague it covers any ads that
are accorded tractive to minors
close quote even if they're
equally attracted to legal
adult buyers often the same
answer attracted to both in the
specific examples don't resolve
the vagueness problem because
they're listed only as examples
prefix to the phrase quote
including but not limited to two
close quote of
three the law also covers
constitutionally protected
commercial advertising such as
the use of caricatures of miners
are cartoon characters in ads
that are clearly targeted at
adults -- -- lawfully buy guns
so that their children could
use those guns from illegal
hunting or target shooting
indeed California law expressly
allows parents to have their
children use guns this way under
parental supervision and parents
may well wish to buy guns --
for their children to use for
these purposes that advertising
-- would normally be targeted to
the local buyers the parents and
not the children directly thank
you for letting me testifying
please let me know if you
have any questions thank you
all right we'll go to others
who would like to indicate
opposition to AB twenty
five seventy two is there
anyone in the hearing room
I'd say none operator would
you open the lines for anyone
who would like to indicate
opposition to AB twenty
five seventy one at this
time we are not take further
testimony but just name
affiliation and opposition
like to speak in opposition
please press one then
zero at this time
we have one queuing
up one moment please
what
okay line number twenty that's
two zero your line is open
trade association for America's
gun manufacturers -- we are
in strong opposition of this
bill thank you thank you
there's no one else in
opposition at this time I
think you are pretty may
close the lines on a bring
it back to the committee
questions comments the stress
I want to thank the committee
currently for such a great --
analysis especially in going
through the four pronged as --
the test that the the the
courts have have used to
determine whether something
like this is constitutional
and I so wanted to appreciate
the Committee and thank the
author wherever she may be
thank you other comments
questions of Mister Kalra on
a new you're here on behalf of
Mr K. hand that I want to thank
you for this bill opposition
testimony not withstanding
I think the analysis makes
pretty clear that this is
a very appropriate for the
state of California to do
that with that you may close
up thank you Mister chair I
on behalf of the centre about
can respect we ascribe thank
you and we will take this
up when we get that elusive
quorum thank you all right
I am number three AB twenty
one eighty eight Mister Cork
hi good morning
thank you chair and members
even though California has
legalized both medicinal
and recreational cannabis
use employees can still be
discriminated against in the
workplace for the consumption
of this legal substance
during their downtime so
we all agree no one should
ever show up to work hiring
paired but most employers
conducted drug tests they
typically screen for the
presence of non psychoactive
cannabis metabolites well you
get this from the urine test
this test can be positive
if you consume cannabis it
anytime in the last month
the positive metabolic test
has no correlation to workplace
safety or productivity testing
for metabolite and penalizing
employees for engaging in
illegal activity on their
downtime are absolute practices
in the state of California
THC is the compound in cannabis
they can do psychoactive effects
metabolites are what remain
present in an individual's
body's bodily fluids weeks
after cannabis use and after
the THC has been metabolized
arm in the test of saliva
you can directly to test
actually detect the THC
AB twenty one eighty eight
would address these obsolete
practices by making unlawful
for an employer to discriminate
against a person if they've
consumed cannabis off the job
or if they have non psychoactive
cannabis metabolites in their
urine hair or bodily fluids
G. analysis states AB twenty
one eighty eight does not
protect prohibit pre employment
testing does not prevent
employers from maintaining a
drug free workplace this bill
is a ballot solution that
protects the right of employees
and employers and in fact
a saliva test is a much better
way to guarantee a drug free
workplace then these other
tasks which typically are done
S. pre employment screening and
then never used gap I'm
here to testify in support is
Gail Garinger from California
normal thank you first witness
please are yes thank you thank
you are Mr chairman members
of the committee and Dr clerk
are you are California
normally is proud to sponsor
AB twenty one eighty eight
all this talk to quick noted
cannabis is legal in California
and workers are supposed to have
a right to engage in illegal
activity while they are off the
job yet countless workers
get discriminated against on
these are metabolite tests
The don't detect actual
impairment but rather past
use of cannabis days or weeks
previously in effect urine
tests are like looking through
workers trash and firing
them empty beer or liquor
bottles are fair --
show this bill fixes this
problem by banning employment
metabolite tests except where
federal law requires otherwise
this is consistent by the
way with the ruling of the
California personnel board which
found that a urine test does not
establish that an employee is
under the influence of marijuana
and therefore does not justify
discipline that was gonna
Transportation case are
again emphasizing that
this bill in no way compromises
employers ability to assure a
safe and drug free workplace
because it allows protested
actually detect employment
impairment these include
computer tablet performance
test which can detect
impairment of any kind and also
our saliva or oral fluid tests
which detect marijuana's active
ingredient THC for the hours
during which users are actually
under the influence let me
set world fluid tests are more
accurate all Lassen invasive
and less costly than urine tests
and have been federally approved
for workplace use by Sam's
are there is no science to show
of the hearing test protect
our jobs safety there's not a
single FTA study has ever been
done finding that urine testing
is either safe or effective at
providing workplace accidents
and numerous studies have found
otherwise that workers who
test positive for metabolites
have no higher risk of
accidents even him are safety
sensitive jobs are let me
conclude by saying urine test
are very high obnoxious
invasion of workers personal
bottle the privacy I mean
we talk about mask mandates
Bob we're talking about your
in here I'm too frequently
the tests were misused to
discriminate against unpopular
workers and minorities over
twenty other states have laws
protecting employment rights of
legal cannabis it's time for
California to follow suit we
urge your support to the bill
thank you all right
is there anyone else in
the hearing room who'd like
to indicate support for
AB twenty one eighty eight
all right seeing none operator
would you open the lines
for anyone who would like
to indicate support for a
bi twenty one eighty eight
I would like to indicate
support please press
one zero at this time
we will first go to line
number forty three that's
four three your line is open
good morning Mr chairman members
general dentist on behalf of
Peter W. S. B. look okay nine
thirty in support of AB twenty
one eighty eight thank you
now with a line number
forty five that's four
five your line is open
hi hi
good morning my bill and I get
I am up from a total of would
be to any company finding a
strong support of AB twenty
eight seventy nine thank you
little aye number forty six
four six your line is open
good morning Mr chairman
brisker is fine with the
California nurses association
in support of AB twenty
one eighty eight thank you
number one number thirty seven
that's three seven your line is
open the morning
after chair members the phone
will cut them director state
policy a public health advocates
calling at the port AB twenty
one eighty eight thank you
number one number forty four
that's for for your line is
open there are
strong configsafe accents
in strong support of the bill
Mister chair there's no
one else into it this time
all right thank you we will
now move to opposition I do
have one opposition witness
listed Robert Mutrie from
the California chamber of
commerce come for please
good morning Mr chairman
members road which you for
the California chamber of
commerce -- morning --
we are opposed AB two one
eight eight as a job killer
at this point I want to be
clear we are in a talk to the
office office we met yesterday
and really appreciate on the
discussion and we hope that --
we shared and draft a man's we
hope we can resolve a lot of
her concerns here but presently
remain opposed to chop killer
our paramount concern with
this bill is the workplace
safety we are not opposed to
saliva testing or marijuana
use outside the workplace
however we are very concerned
with keeping such impairment
out of the workplace -- I want
to focus on one particular
point because it seems like
-- it you know it there was
some confusion about this and
and a difference of opinion of
ours and I want to make clear
reasoning -- we do believe
the Texas bill actually does
pre prohibit pre employment
drug testing and I want to
direct to the exact language
of the bill receive this
which is proposed section --
one two nine four five for a
one basically a says is unlawful
discrimination is the person in
any hiring conditions if
based on the following a one the
person's use of cannabis off the
job away from the workplace my
concern is that pre employment
testing always relates to space
outside of the workplace that's
the nature of pre employment
testing so that's the specific
language we base our concern on
I think that we have a different
temptation from the author
were hoping to address that
-- turning to our other two
brief -- concerns with the
bill the remain obviously
we have some concerns of
placement fee how we're trying
to look at places where that
works and how to work on the
mechanically we spoken to the
author's office about it and
we are also looking at draft
amendments to the federal
protection language to deal with
federal state conflicts again
I want to highlight that we
really appreciate the on going
engagement the author but at
this point we remain strongly
opposed AB two one eight eight
as a job killer thank you for
thank you anyone else in the
hearing room like to indicate
opposition to AB twenty one
eighty eighth good morning
Mister chair Christmas ceilidh
on behalf of the official police
garages of Los Angeles and
respectful opposition thank you
anyone else in the hearing room
right operator would you open
the lines for anyone who would
like to indicate opposition
to AB twenty one eighty eight
like to indicate opposition
here press one and then zero
at this time we'll get a line
number forty seven that's
four seven the Carolinas open
good morning Karen member
state borders on behalf of the
family business association of
California and the California
Association of joint powers
authority it's respectfully
oppose for the reasons
outlined plans to make tree
borderline number seventeen
that's one seven your line is
open the morning Care members
rex W. high mother have a
California business properties
Association aligning our
comments with rocketry in the
CalChamber opposition thank you
what a line number
thirty two that's three
two your line is open
good morning Mr chairman
members of the committee
Matthew Allen with western
growers association were also
opposed to the bill thank you
hello I number forty eight
four eight your line is open
good morning Mister Turner
members this is Erin Avery with
the California special districts
association respectfully
approached thank you
Mister chair that is exhausted
the queue all right thank you
operator you may close the lines
of bring back to the committee
for questions or comments
all right seeing none hi
I will know it it's interesting
that opposition only worked a
job killer in four times to the
testimony but saying it doesn't
always make it so Mister court
you may close start thank you
chair with respect to their
testimony you know we're in
agreement we want to make sure
Now urinalysis said we haven't
banned it their lawyers feel
differently we'll put something
in clarifying at some point
down the line week I'm pretty
sure we can get around that the
others to matter of protecting
people out suck that for
conduct outside the workplace
and we put in a particular
section they want another one
we'll try to figure all that out
I don't know where will get --
but certainly on pre employment
Ted were completely in agreement
there so we'll go from here
thank you we will take this
up once we get a quorum
and great motion thank you
if we could get members
so we can steps quorum
and authors here we
can finisher business
what it looks more like
right we have an author
I remember five AB twenty
eight seventy nine Mr Low
thank you very much Mr chairing
colleagues good morning this
is Assembly Bill twenty eight
seventy nine to help address
the issue of cyber bulling and
making sure that we have as
many safeguards in place to
protect the most most vulnerable
in our community turning on
the phone today to testify in
support is councilman Rico say
OFC executive director for the
counseling and support services
for youth I respectfully ask
rival all right thank you
so I do have that one witness
listed listed three because
I act are you with us on the
telephone yeah
thank you good morning everyone
and thanks for the opportunity
to testify on behalf of AB
twenty eight of the nine as the
family members that I am the
executive director of counseling
and support services for years
we are a nonprofit agency that
partners with schools in San
Mateo Santa Clara county to
provide mental health services
to students in preschool
through high school and I can
attest that cyberbullying have
significant effects on the young
person's mental health section
we understand the --
the mental health situation in
are you -- it's been highlighted
and it's the second leading
cause of death among children
now just this month we locked
the child in our community
because he with fiber bully to
a point that she believes two
aside what's the only way to
relieve format unfortunately
the story is not the only
one and if you are reading
numerous testimonies we need
more resources to protect our
children we develop laws to
protect children from physical
bullying in our schools are in
active an important partner in
this effort however we lack the
tools and resources to protect
our children from cyber bully
on the bill gives one more tool
the school administrators and
-- contractors like ourselves
to help confront this growing
harm to our children I thank
you for your concern and and
just ask for your consideration
of this bill thank you thank
you all right is there anyone
in the hearing room who would
like to speak in support of
AB twenty eight seventy nine
seeing none operator would you
open the lines for anyone who'd
like to indicate support for
AB twenty eight seventy nine
if you liked indicate
support you may press one
then zero at this time
you don't want to just
get up one moment please
the line number fifty that's
five zero your line is open
hello my name's Marlene
Rivera health promoter in the
alley region with B. UNIKOM
Committee and I strongly
support of AB eight seven
nine thank you thank you
and I'm Hills that we
had one more just to
up one moment please
--
forget we came to a stop
that will go to line
number forty nine it's
four nine your line is open
find forty nine your line is
open can trickle in for mute
yeah
hello go ahead please
actually that's for
about thank
what would you like
to move honest share yes
okay and it does not look like
we have anyone else in queue
at this time all right thank
you operator will now move
on to opposition is anyone in
the hearing room who'd like
to speak in opposition of
AB twenty eight seventy nine
seeing none operator would you
open the lines for opposition
to AB twenty eight seventy nine
but we do have a like early in
opposition please press one and
zero at this time and do we have
Lee -- the talking on the line
yes I'm online --
go ahead please
great west of care number eight
billion eight pocket attack
that and we are respectfully
opposed to eighty eight seventy
nine the thought of new concerns
that will help you get your
teacher amendments we continue
to believe that a separate
reporting mechanism for school
administrators will do little
to increase the number of cyber
bulling report well be a costly
alternative to our existing
reporting mechanisms I companies
are open to finding an efficient
way to make it easier for
school administrators to report
instances of cyberbullying
Furthermore tech that our
member companies have engaged
because Committee on telephone
and that providing increased
transparency regarding health
also media platforms moderate
harmful content but open to
working on a bill that she
content holistically and would
prefer a comprehensive approach
rather than one focused on
that content issue again while
we are respectfully oppose
we look forward to working
with the author to continue
refining the language thank you
thank you right operator is
there anyone else would like
to indicate opposition to
AB twenty eight seventy nine
like to speak in opposition
you may press one then zero
at this time we'll go to
line number forty nine that's
four nine your line is open
all
I do apologize Mister chair
this is the same one that we
had trouble with earlier Joint
Committee release yes please
and there's no one else in
queue at this time all right
thank you are pretty may close
alliance bring it back to the
committee questions or comments
seeing none all right thank you
Mr Low for bringing this forward
I I unfortunate we hear from
the opposition the same thing
not this not this not this and
I think would be very helpful
for the tech industry to be a
partner and actually proposed
something that they think
would work as opposed to just
opposing everything that that
comes along so I find that
frankly a little bit frustrating
but with that you may close
thank you very much Mister chair
as summarily in that regard
I representing Silicon Valley
and co chair of the California
tech and innovation caucus
and is author of this piece
of legislation sasco is
insufficient and as you've heard
from the testimony that we are
losing lives and I appreciate
also your knowledge meant to
helping us to ensure that the
tech industry recognizes the
role that they play and the
obligation to protect lives
-- this is just one key
element to helping that those
conversations and check bring
that forward I respectfully
ask for a vote thank you once
we have court will be able
to take it up thank you
all right authors members
it would be nice to finish
our business this morning
I guess Mister U. S.
we moved our item number seven
AB seventeen forty two
that morning Mister chair and
members still there's an
opportunity to present so I ran
over here whenever Committee
it's I'm here this morning to
presents Assembly Bill one seven
four two -- it's legislation
that seeks to strengthen and
clarify the existing tobacco
directory statute to meet
California's obligations under
the master settlement agreement
otherwise known as the MSA
-- this MSA provides for
substantial annual payments
from tobacco manufacturers to
our state these payments are
provided and -- in perpetuity
and have exceeded a hundred
million in recent years however
these payments are condition
on California's enactment
and the diligent enforcement
of an escrow statute poses
a since the some similar --
so financial obligations on
tobacco companies that are
not a party to the MSA and
to prevent the state from a
losing out on any payments this
bill strengthens existing law
to aid the Attorney General's
enforcement of the X. escrow
statute and other -- MSA
obligations by targeting non
compliant bad actors meanwhile
the fire safety act it --
the prohibits cigarettes from
being sold in California unless
they meet fire safety standards
under current law the state
fire marshal review cigarettes
to verify fire safety however
due to certain restraints
many cigarettes have been
automatically approved which
happens when the fire marshal
takes no action on cigarette
applications after ten days
so this legislation will help
reduce the risk of non fire safe
cigarettes from entry the market
by transferred enforcement
of the fire safety act to the
California attorney general's
office which already enforces
other parts of the fire safety
act and extends the fire safety
review period from ten days
to thirty days to provide the
Attorney General adequate time
to review and verify -- fire
safety compliance with me here
to testify I believe remotely
are Jenna Stanford and James
Hart on behalf of Attorney
General Rob Bonta and with that
thank you Mister chair thank
you Mr even so I do have those
two witnesses listed James
Hart and Janice standerford are
you with us on the telephone
we are yes Sir
go ahead please
thank you the morning after
chairing committee members my
name is Janet Stanford and the
deputy Attorney General and
legislative advocate in the
attorney general's office we
have Attorney General Rob Bonta
I want to thank assemblymember
respect for his leadership on
this issue offering to sell
seventeen forty two is an
important felt that would ensure
California continue to meet its
obligations under the tobacco
master settlement agreement
intelligently enforcement taken
back a lot of determination
the California has not modified
are important obligations could
with a lock and a significant
portion of the annual but on the
payment that California received
such as a family member me to
mention have recently exceeded
eight hundred million dollars
per year but they represent
does not remain the same over
time AB seventeen forty two
what at that California's
tobacco directory statute to
address recent developments
and I think that industry and
eighty Attorney General and
are correct and accurate it's
a good government measures
that protect California's
interest in public health and
put into a level playing field
for compliant manufacture
it also improves efficiency by
consolidating administration
and enforcement of the fact
that the grant program but the
Attorney General I think the
graphics English when they're
not being actively closed
while non fire safe cigarettes
do not go out on the ground
and that present a fire risk
HM need on all topics already
previously doublenest buyers
take their vacation finally the
preventive by manufactured each
year forty two reduces
costs by consolidating reveal
a fire three thirty cases
down from two agencies to one
twenty twenty the bill before
you packed in the Assembly
but stopped forward progress
you to cover the latest time
constraints here we hope to get
the bill to the finish line to
ensure the California continue
to repeat the potential annual
payments under the master plan
immigrant joining me today
on the phone and change hard
to providing deputy Attorney
General and I healthcare right
to access section is available
to answer any questions you
may have thank you for your
time consideration members the
twenty Donald office Beckley
Act -- I thought thank
you very much right is there
anyone in the hearing room
who'd like to speak in support
of AB seventeen forty two
seeing none operator would you
open the lines for anyone who
would like to indicate support
for a bi seventeen forty two
good luck indicate
support my place press
one then zero at this time
there's no one to at this time
all right thank you we'll now
move into opposition I do not
have any opposition listed but
is there anyone here in the
hearing room who would like to
indicate or speak in opposition
to AB seventeen forty two
seeing none operator
would you open the lines
for any opposition to
AB seventeen forty two
if you'd like to speak in
opposition please press
one then zero at this time
sure there's no one to at
this time all right thank
you are pretty you may close
the lines and we'll bring
it back to the committee
for questions or comments
all right see number three
of us you may close a respect
that's private mature thank
you think it will do that
when we establish a form
we just need one more and
then we have two more bills to
hear his wicks and Mr Santiago
great we would you call
the quorum please Stone
here Cunningham Davies Kalra
Kiley Maienschein Reyes
Rivas yeah
bloom Friedman
thank you we do have a quorum
of take a motion on the
consent agenda thank you
call the roll on the consent
agenda please Stone aye Stone
aye Cunningham Davies Kalra
Kalra aye Kiley Kiley aye
Maienschein Reyes Rivas
Rivas I bloom them I Friedman
Friedman I thank you and I
would like to thank Mr bloom
is Friedman for joining us
here today for this hearing
we have passed the consent
calendar and that is AB twenty
one seventy Grayson AB twenty
six seventy two flora and AB
twenty eight thirty four Kiley
so that gives us some great
strides we have a couple of
members on their way but in the
meantime if we could a take
a motion on item number two
AB nineteen seventeen Levine
thank you is a motion Sir second
and a second thank you call the
roll please that that motion is
due to pass to appropriations
stone by stone I Cunningham
Davies Kalra Kalra aye Kiley
Kiley no Maienschein Reyes
Rivas Rivas aye boom boom
I Friedman Friedman I that
needs one more so put that
belong call item number three
is AB twenty one eighty a
quirk of the commotion thank
you motion Addis that motion
is to pass to appropriations
call the roll please Stone
aye Stone aye Cunningham date
five Kalra Kiley Kiley
no Maienschein Reeves
Reyes Rivas Rivas I bloom
bloom I Friedman Friedman night
thank you both for that on call
it needs I am number
four AB twenty five seventy
one our que Han take a motion
thank you motion and a second
that motion is due passed as
amended to Appropriations call
the roll please Stone aye Stone
aye Cunningham Davies Kalra
Kalra aye Kiley Kiley no
Maienschein Reyes Rivas
Rivas aye bloom aye bloom
aye Friedman Friedman
I thank you the needs one more
I'll put that the long call
item number five AB twenty eight
seventy nine Low take a motion
thank you that motion is do
you pass we do have a motion
and second call the roll Stone
aye Stone aye Cunningham Davies
Kalra Kalra aye Kiley
Maienschein Reyes Rivas
Rivas I bloom bloom I Friedman
Friedman act thank you The bill
needs one more so put it on
call I don't number seven
is AB seventeen forty two
Robert reversal take a motion
thank you can get a second and
a second thank you Mister bloom
that motion is to pass
to appropriations call
the roll please Stone aye
Stone aye Cunningham Davies
Kalra Kalra aye Kiley
Maienschein Reyes Rivas
Rivas aye bloom bloom hi
Friedman Friedman I that needs
one more so we'll put that
bill on call and I remember
eight AB twenty seven fifty
three press all take a motion
thank you thirty seconds
and the second thank you
that motion is to pass as
amended to Appropriations
call the roll please Stone
aye Stone aye Cunningham
Davies Kalra Kalra aye Kiley
Maienschein Reyes Rivas
boom boom I Friedman
Friedman I that bill it
needs to more votes so
I will put that built on
call all right thank you Mr
Santiago item number six AB
twenty nine ten Jeff
and the many steps that
were in current day
thank you AB
two hundred twenty nine
ten would fight against air
pollution air quality violations
-- by increasing the strict
Max -- liability for negligent
penalties for air quality
polluters -- like some of those
-- there are near my district
currently we have about five --
a frequent polluters -- we
feel that increase the fines
by threefold -- would help
-- incentivize them to stop
polluting because right now
it's just the cost of doing
business about five thousand
dollars it's incurred and they
continue to violate -- the air
quality pollution rules that
are currently in place -- this
bill would affect -- other
industries as well -- which you
have stated in your analysis a
respectfully and ask for an aye
vote thank you first
witness please good morning
chair members of the committee
my name is Terrence Mann I'm
the deputy executive officer
for compliance and enforcement
at south because taken deep we
are pleased to sponsor AB twenty
nine ten it seeks to provide
more meaningful deterrence
against air quality violations
especially in disadvantaged
communities by raising limits on
civil penalties under existing
law a company or facility that
violates air quality rules
regulations or permit conditions
is strictly liable for a civil
penalty of no more than ten
thousand dollars per day this
is by far the most common level
of civil penalty that we use
in enforcement actions but
if the violator establishes
an affirmative defense that
the act was not intentional
or negligent that the strict
liability penalty cap goes
down to five thousand dollars
while those amounts may be
significant to small mom and
pop type businesses the current
penalties for air quality
violations have very little
deterrent value to big companies
and other well funded violators
the ten thousand dollar maximize
often just a slap on the wrist
and consider the cost of doing
business it also doesn't matter
how expensive the air quality
violation is for example there
are rendering facilities in Los
Angeles that process raw animal
materials and admit terrible
odors which in which can impact
of thousands of people no how
no matter how far its geographic
reach and how many people are
affected the recovery for this
kind of over event will still be
capped at ten thousand dollars
or five thousand dollars per
day per violation due to these
low penalty amounts we see
repeated violations from the
same facilities despite our
enforcement actions the family
limits applied all kinds of
facilities where we see regular
non compliance including oil
and gas drilling operations
landfills and power plants to
name a few and many of these
facilities are located in
or near our most vulnerable
communities importantly this
bill should not impact small
family run businesses the health
and safety code already lists
several mitigating factors
that must be considered when
determining civil penalties
for air quality violations this
ensures the penalties are fair
and match violator's ability
to pay we respectfully request
your support for this important
bill that will help deter air
quality violations and in turn
reduce emissions to protect the
communities we all serve thank
you thank you all right is
there anyone in the hearing
room who it's like to speak in
support of AB twenty nine ten
Allen ABS with the bay area
air quality management district
in support thank you anyone
else seeing none operator
would you open the lines for
anyone who'd like to indicate
support for AB twenty nine ten
would like to advocate
support please press one
then zero at this time
Mister chair no one is
coming up at this time I
thank you we will then move
to opposition I do not have
any opposition listed but is
there anyone in the hearing
room would like to speak in
opposition of AB twenty nine ten
all right seeing none operator
would you open the lines for any
opposition to AB twenty nine ten
but to speak in opposition
please press one then
zero at this time
sure there is going to bring
up at this time all right
thank you -- close lines are
pretty may close lines of
bring it back to the committee
for questions or comments
seeing none Mr Santiago you may
close thank you Mister chair
-- for helping us on this and
we respectfully often about
thank you I'll take a motion
thank you thirty seconds
and the second thank you
that motion is due passed to
appropriate call the roll please
Stone aye Stone aye Cunningham
Davies Davies I Kalra
Kalra aye Kiley highly no
Maienschein Reyes Rivas
bloom M. I. Friedman
sneaks to that bill needs
to more votes will put off
call the Mister thank you
this Wicks
all right I'm number one
AB eighteen ninety seven
thank you Mister chair and that
I will know this is our last
bill so we could get members
back to the committee so we
can wrap up our business with
this bill and immediately there
after it would be appreciated
go ahead please good morning
Kern members getting from the
swing space here's like one
of those dreams were you can't
walk in you're trying to move
from point a to point B. okay
this is a tough I want to thank
the committee and the committee
staffs that work on this bill
and I accept the committees
amendments thank you and the
Bay Area overall compliance
with air quality requirements
have declined in recent years
with increase flooding events
that have made communities less
safe in of caused air quality to
significantly decline this a
Klein are in compliance with air
quality regulations has negative
Daly impacted communities
communities in my district as
they expose people to toxic air
contaminants lead to shelter
in place certifications and
increase public health risks
at my district there have been
increases in air pollution
complaints and the increasing
flare events that refiners
have led to incidents that have
negatively impacted the health
at the communities and have even
impacted school closures in the
surrounding areas specifically
in twenty twenty one the Bay
Area quality management district
issued over two hundred and
forty notices of violations to
Bay Area refineries to dress the
overall decline in compliance
with air quality regulations
AB eighteen ninety seven will
increase the civil penalty
sealing for violations of state
or local air quality rules
to thirty thousand dollars if
the Vice violation results in
a disruption to the community
the civil penalty will also
be raised up to one hundred
thousand dollars for subsequent
violations for each violation
within a twelve month period
refineries are one of the
largest sources of pollutants
and there's not much incentive
with the current penalty
structure to prevent violations
of air quality regulation
therefore eighteen AB eighteen
ninety seven will increase
the penalties for violations
of air quality regulations so
that these penalties can become
more of a deterrent for any
future violations I want to
thank the bill's sponsors the
bay area air quality management
district and with me here to
testify I believe -- Allen
ABS is with a very cool air
quality manager district it
will be testing in person and
then Christopher Chavez the
coalition for clean air will be
testifying over the phone and
with that I would respectfully
ask for an aye vote thank you
I do have those two witnesses
listed first witness here in
the hearing room please good
morning Mr chairman members
of the committee I'm Allen ABS
representing the bay area air
quality management district and
sponsor of AB eighteen ninety
seven thank you for considering
this bill and I'd also like to
acknowledge Committee staffer
there well written analysis
people that live in refinery
communities experience some of
the highest cumulative health
burdens in California even
in circumstances where the
refineries are operating within
all their permit conditions
unfortunately refineries
don't always operate within
their permit conditions and in
twenty twenty one alone the air
district issued over two hundred
forty notices of violation
refinery community residents
also experienced at least
thirty flaring events in twenty
twenty one this is actually a
decrease in flaring come the
twenty nineteen when refinery
communities experienced seventy
two flaring events that's a
flaring event every five days
where you might be told to stay
inside your child might not
be able to go to school or you
might have to seek medical care
because of excess emissions of
sulfur oxides particulate matter
and toxic air contaminants the
penalty sealing for these events
was ten thousand dollars in the
year two thousand and is risen
only nine percent in the last
twenty two years imagine being
a refinery community resident
and knowing that this type of
disruption in your community is
only worth slightly over a ten
thousand dollar fine and the
companies making record profits
I'd like to thank Assembly
member wicks for her leadership
in authoring AB eighteen ninety
seven which takes a small
step towards better aligning
penalties for refineries
violating air quality permits
causing community disruptions
and endangering public health AB
eighteen ninety seven proposes
a modest increase to thirty
thousand dollars for certain
penalties at refineries and a
further increase for repetitive
violations the burden refinery
communities while these modest
amounts can't fully mitigate
the impacts in these communities
we hope it discourages thinking
about these events as a minor
cost of doing business thank you
for considering this bill I'm
here to answer any questions and
I respectfully ask for your I.
boats thank you we also
have Christopher Chávez with us
on the telephone are you with us
yes I am mature the head please
good morning yes good morning
Committee members -- my name
is Chris Chavez nine be deputy
policy director coalition for
clean air I'm also resident of
western Long Beach in a member
of the women's in Carson in
west Long Beach SB six seventeen
community steering committee
coalition for clean air support
eighteen A. B. H. ninety seven
communities near petroleum
refineries including my own
are at high risk for exposure
to toxic releases at the most
extreme in a toxic release
of a chemical like modified
hydrochloric acid in danger
hundreds of thousands of the
hundreds of thousands of lives
more commonly experience however
if exposure to toxic releases
that while not immediately
fatal still harm human health
according to the south coast air
quality management district's
multiple air toxic exposure
study the codes for commute the
commute to Wilmington Carson
and watch Long Beach have a
relative air toxic cancer risk
eighty eight to ninety nine
percent higher than the rest of
the south coast air basin it
should be no surprise then why
the residents of my community
let's Long Beach have an average
I have on average a sixty
eight year shorter lifespan
than their counterparts in
east Long Beach unfortunately
topic provider could talk
to be leases from refineries
are treated no different than
any other toxic release such
small penalty pet no practical
deterrence considering that the
oil industry is among the most
profitable industries in the
world AB eighty to ninety seven
would address this by creating
a new civil penalty of up to
thirty thousand dollars for
toxic release at refinery the
results in a severe disruption
to the community and exposure
twenty five people or more
further this bill would also
create a new hundred thousand
dollars civil penalty for
subsequent toxic release at
refinery if it's a recurrence
within the next twelve months
though the the bill these
amounts are still relatively
low they are an improvement
over the currently operates
penalties for these reasons
we ask for your support for
eighteen eighteen ninety seven
thank you all right is there
anyone in the hearing room who
would like to indicate support
for a bi eighteen ninety seven
full of crap on the health
of the at the half of the
south coast a candy in support
thank you anyone else in
the hearing room seeing none
operator would you open the
lines for anyone who would
like to indicate support for
a bi eighteen ninety seven
but to indicate support please
press one then zero at this time
thank you have a few in
Q. here one moment in this
well I number fifty eight that's
five eight your line is open
good morning Chen members
Madeline Cooper from Yeltsin
Marc on behalf of Contra Costa
county in court thank you
hello I number fifty
seven that's five
seven your line is open
thank you Jan worn representing
the interfaith climate action
network of Contra Costa
county and we rise in strong
support for a bi eighteen
ninety seven thank you
well I number twenty six that's
two six your line is open
thank young lady from Pasadena
California in support of
AB eighteen ninety seven
sure there's no one else into
it this time I thank you we
will then move to opposition
I do not have any opposition
listed is there anyone here
in the hearing room would like
to speak in opposition to AB
eighteen ninety seven thank you
Mr chairman members the legacy
of the western states petroleum
association representing
the state's refiners -- in
opposition respectfully The
bill arbitrarily -- increases
penalties to the -- defined
amount which we see as arbitrary
that's unclear criteria for what
a community the disruption to
community is does not define
it hearing testimony we've
heard a number of potential --
options for shelter in place
to serious exposure to toxics
The bill itself does not define
what a disruption to community
is making it arbitrary and
and broad and finally the bill
singles out a single industry
and I will note that it's in
direct contrast to the bill
you just heard or it increases
penalties across board equal
violations should require eagle
penalties this bill sets a
precedent by single singling
out a single industry and for
those reasons we oppose and
-- thank you for your time
thank you anyone else here in
the hearing room opposition
to AB eighteen ninety seven
I see none operator you may open
the lines for any body who would
like to indicate opposition
to AB eighteen ninety seven
I would like
to using
your posts this bill please
press one then zero at this time
sure there is no one queuing
up at this time all right
thank you are pretty may
close the lines I will bring
it back to the committee
questions comments Mister Kalra
-- I think -- the the chair
for bring this forward when
-- I was sharing the Bay Area
climb managed to strip his
by eight years ago so we are
making efforts back then to
try to increase at the back of
my bad thousand dollars right
now when I recall and so even
back then -- legislation was
stymied at the time and so
unfortunate we're still making
those efforts but we have to
keep trying because the other
reality is even at ten dollars
per violation it just consumes
orders absorbs the cost of doing
business hopefully with more
appropriate -- of fines we can
actually have some incentives
-- move especially in terms
of equipment upgrades and
and investment in safety
-- safety equipment would
have you in infrastructure
other be more of a sense to do
that rather than rely on
-- the order rather than pay
fines especially if there are
I still think I mean even these
fines are in a move -- --
are of but I guess the
the most you could possibly
do so I get the help of my
but hopefully it's enough to
actually create some more
long standing improvements
to some of the facilities
in terms of safety so thank
you and how to make a motion
thank you there is a motion
and a second thank you other
questions comments signaled
this week to make clothes would
respect faster and I thought
thank you we do have a motion
a second that motion is to pass
as amended to Appropriations
call the roll please Stone
aye Stone aye Cunningham
Davies Davies no Kalra
Kalra aye Kiley Kiley no
Maienschein Maienschein aye
Reyes Rivas bloom
bloom I Friedman Friedman I
yeah that the bill needs one
more so I will put it on call
thank you right thank you
let's roll through the list and
and on all the bills we have
now heard everything so we'll
start with the consent agenda
Cooley of some members Davies
Davies I Maienschein mention I
Reyes thank you item number
one I don't think the world has
changed so item number two AB
nineteen seventeen Levine is
on call I'm going to lift the
call call the of some members
Davies Davies no Maienschein
hi Maienschein I. Reyes
thank you that bill is out
item number three AB twenty one
eighty eight Cork is on call
I'm gonna lift the call Davies
I'm sorry your request AB
twenty one eighty eight
item number three Davies
no Maienschein Reyes
K. that bill is still needs
one vote of going to replace
the call item number four
AB twenty five seventy one
power que Han is on call to
lift the call Davies Davies
no Maienschein Maienschein aye
Reyes that bill is out
item number five is on call
AB twenty eight seventy nine
lower middle of the call
Davies Davies I Maienschein
Maienschein aye Reyes so
that bill is out this item
number six AB twenty nine ten
Santiago is on call I'm gonna
lift the call Maienschein
Maienschein aye Reyes Rivas
Friedman Friedman nine that'll
is out right item number
seven AB seventeen forty
two Rivas is on call if the
call Davies Davies
no Maienschein mention I Reyes
thank you the bill is out
item number eight AB twenty
seven fifty three races on
call and lift the call Davies
Maienschein hi
Maienschein I. Reyes Rivas
okay that needs one more so
I will place that bill back
on call thank you members
who voted those who have not
voted we could get you back to
committee so we can wrap up our
business would be appreciated
okay all right this Rivas
you have a month to month
consent okay Sir with item
number one AB eighteen ninety
seven wicks is on call if the
call Reyes Rivas Rivas
aye thank you that bill is out
thanks to
M. six ten item
number six is out but we
call the absent members AB
this is AB twenty nine ten
Santiago Reyes Rivas Rivas I
and then item number eight
which is AB twenty seven
fifty three races on call
until if the call Reyes Rivas
US I think you that bill is out
I think that we have your
everything else thank you
bizrate's okay
so consent agenda call the
absent members Reyes Rayside
thank you ninety item number
one AB eighteen ninety seven
Wicks Kali of some members Reyes
reci thank you item number two
A. B. nineteen seventeen Levine
Kali up to members Reyes reci
thank you item number three
AB twenty one eighty eight
is on call I'm gonna lift the
call this is Mr Quirk-Silva
Reyes Reyes I thank you that
bill is out item number four
AB twenty five seventy one
Randy Han Reyes Reyes I
a number five AB twenty
eight seventy nine Low Reyes
race I I do number six
AB twenty nine ten Santiago race
race I item number seven AB
seventeen forty two Robert Rivas
retrace Reyes aye thank you and
then item number eight AB twenty
seven fifty three year old bill
Reyes Rayside thank you very
much that concludes our business
for today and we are the Germans