California Legislation 2022
Proposed and Adopted Laws
There has been an array of new proposed or adopted California Legislation in 2022. This article provides a summary of these laws.
AB 1287, (Democratic Assemblymember Rebecca Bauer Kahan), would prohibit an individual or business from charging a different price for a product based on the customer’s gender specifically eliminating the “pink tax” which is an additional cost to female consumers.
AB 988 would raise funds to support call centers and mobile crisis teams associated with the new three-digit federal mental health crisis hotline, - 988 via the enactment of the Miles Hall Lifeline and Suicide Prevention Act. It would require the Office of Emergency Services to verify, no later than July 16, 2022, that technology that allows for transfers between 988 centers as well as between 988 centers and 911 public safety-answering points, is available to 988 centers and 911 public safety-answering points throughout the state as well as other such mandates.
SB 731 would, as of July 1,expands criminal record relief for all felonies, not just jailable felonies, if an individual is no longer serving a probationary sentence, not currently involved in another case, and two years have elapsed.
AB 2799 would require prosecutors who want to use “creative expressions” as evidence of a crime to hold a pretrial hearing away from the jury to prove that rap lyrics or other artistic expression are relevant to the case.
Assembly Bill 2632 (Democratic Assemblymember Chris Holden of Pasadena), would overhaul how California prisons treat inmates in solitary confinement and prohibit the California Department of Corrections and Rehabilitation from putting certain groups in solitary confinement.
Assembly Bill 1705 (Democratic Assemblymember Jacqui Irwin of Camarillo) would order community colleges to enroll most students in transfer-level math and English course if their program requires those subjects with some exemptions.
AB 2146 seeks to prohibit, beginning January 1, 2024, the sale, possession, or use of neonicotinoid pesticides, as defined, for application to outdoor ornamental plants, trees, or turf, except for use on, or for the protection of, an agricultural commodity, as defined.
AB 1279 (Democratic Assemblymembers Al Muratsuchi of Torrance and Cristina Garcia of Bell Gardens) codifies California’s commitment to reach carbon neutrality by 2045. Governor Newsom signed this bill.
SB 846 (Republican Assembly member Jordan Cunningham of San Luis Obispo and Democratic state Sen. Bill Dodd of Napa) would keep the Diablo Canyon nuclear power plant open until 2030, currently scheduled to shut down in 2025, and give provides its operator, Pacific Gas & Electric, a $1.4 billion loan to accomplish it.
SB 1137 would prohibit new oil and gas wells or extensive retrofitting of existing operations within 3,200 feet of homes, schools, nursing homes and hospitals. Governor Newsom signed this bill into law.
SB 1020, (Democratic State Sen. John Laird) provides for interim targets for generating clean energy. Governor Newsom signed this bill into law.
AB 1757 (Democratic Assemblymembers Cristina Garcia of Bell Gardens and Robert Rivas of Salinas), would require the state to set targets for removing planet-warming carbon from the atmosphere with nature-based methods. Governor Newsom signed this bill into law.
Creation of Community Assistance, Recovery, and Empowerment (CARE) Court provides every county to provide individuals with serious mental illness housing and medical treatment. Governor Newsom signed this bill.
AB 2223 (Democratic Assemblymember Buffy Wicks of Oakland), protects a woman or pregnant person who chooses to end a pregnancy from prosecution, even if the abortion is self-induced or happens outside of the medical system.
SB 107 would protect from prosecution patients who travel to California for gender-affirming care.
SB 222 (Democratic state Sen. Bill Dodd, from Napa,) offers state assistance to low income residents to pay for drinking water and sewage.
AB 2098 establishes requirements for the Medical Board of California to punish doctors who deliberately spread false information about COVID-19, vaccines and treatments.
AB 1502 would close certain loopholes preventing people from purchasing nursing homes before they have licenses to run them.
AB 351, (Democratic Assemblymember Cristina Garcia), provides licensing and regulation processes for human composting and includes a mandate that the state’s public health department must regulate “reduction chambers” to prevent the spread of disease. Governor Newsom signed this bill.
AB 2183 would allow farmworkers to vote in union elections by mail, rather than the current system that requires in-person elections, which usually take place on a farm owner’s property.
AB 257 creates a state-run council to set labor standards across the fast-food sector, including wages, safety and other workplace conditions. Governor Newsom signed into law but the fast-food industry is seeking to qualify a referendum for the 2024 ballot to overturn the law.
SB 951 (Democratic Los Angeles Democratic Sen. Maria Elena Durazo) increases payments to workers from the state’s disability and paid family leave programs.
AB 1706 (Democratic Assemblymember Mia Bonta of Oakland), provides, if a sentence is not challenged by July 1, 2020, the court must issue an order recalling or dismissing the sentence, dismissing and sealing, or re-designating the conviction no later than March 1, 2023, and would require the court to update its records accordingly and to notify the Department of Justice. The bill would also require the Department of Justice, on or before July 1, 2023, to complete the update of the state summary criminal history information database, and ensure that inaccurate state summary criminal history is not reported, as specified. The bill would require the department to conduct an awareness campaign so that individuals that may be impacted by this process become aware of methods to verify updates to their criminal history. The bill would make a conviction, arrest, or other proceeding that has been sealed pursuant to these provisions deemed never to have occurred, as specified. The bill would, until June 1, 2024, require the department, in consultation with the Judicial Council, to produce a quarterly joint progress report to the Legislature, as specified. Governor Newsom signed this bill.
AB 1646 (Republican Assemblymember Phillip Chen of Yorba Linda) authorizes cannabis beverages to be packaged in containers of any material that are clear or any color. Governor Newsom signed this bill.
AB 1885 (Democratic Assemblymember Ash Kalra of San Jose) Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) expands the purpose of the comprehensive system established by MAUCRSA to include the control and regulation of the cultivation, distribution, transport, storage, manufacturing, processing, and sale of cannabis products intended for use on, or consumption by, animals. The bill would make various related revisions to the definitions under MAUCRSA, would exclude livestock and food animals, as specified, from the definition of “animal,” for these purposes, and would specify that cannabis concentrate and edible cannabis products that are not considered processed pet foods as defined under the Pure Pet Food Act of 1969. Governor Newsom signed this bill.
AB 1894 (Democratic Assemblymember Luz Rivas of Arleta) commencing July 1, 2024, requires the advertisement and marketing of a cannabis cartridge and an integrated cannabis vaporizer to prominently display a specified message to properly dispose of a cannabis cartridge and an integrated cannabis vaporizer as hazardous waste, and would also prohibit the package, label, advertisement, and marketing from indicating that the cannabis cartridge or integrated cannabis vaporizer is disposable or implying that it may be thrown in the trash or recycling streams. Governor Newsom signed this bill.
AB 2210 (Democratic Assemblymember Bill Quirk of Hayward) prohibits the Department of Cannabis Control (DCC) from denying an application for a state temporary event license solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act for the proposed premises of the event. The bill also prohibit the Department of Alcoholic Beverage Control from taking disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the DCC to a licensee that utilizes the same premises and other actions. Governor Newsom signed this bill.
AB 2188 (Democratic Assemblymember Bill Quirk of Hayward), on and after January 1, 2024, would make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace, except for pre-employment drug screening, as specified, or upon an employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The bill would exempt certain applicants and employees from the bill’s provisions, including employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance, as specified. The bill would specify that the bill does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract. Governor Newsom signed this bill.
AB 2568 (Democratic Assemblymember Ken Cooley of Rancho Cordova) provides it is not a crime solely for individuals and firms to provide insurance and related services to persons licensed to engage in commercial cannabis activity. Governor Newsom signed this bill.
AB 2925 (Democratic Assemblymember Jim Cooper of Elk Grove) requires the State Department of Health Care Services, on or before July 10, 2023, to provide to the Legislature a spending report of funds from the Youth Education, Prevention, Early Intervention and Treatment Account for the 2021–22 and 2022–23 fiscal years. The bill would require the department, on or before July 10, 2024, and annually thereafter, to provide that spending report for the prior fiscal year. Governor Newsom signed this bill.
SB 1326 by Democratic State Senator Anna Caballero of Merced) provides an exception to the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) with reference to interstate agreements. Governor Newsom signed this bill.
Privacy – Children
AB 2273 provides that businesses that provide online services or products likely to be accessed by kids under 18 would have to provide greater privacy protections by default starting in 2024. Governor Newsom signed this bill.
Governor Newsom signed the following bills on September 24, 2022
- AB 522 by Assemblymember Vince Fong (R-Bakersfield) – Forestry: Forest Fire Prevention Exemption.
- AB 649 by Assemblymember Steve Bennett (D-Ventura) – Department of Resources Recycling and Recovery: Office of Environmental Justice and Tribal Relations.
- AB 1037 by Assemblymember Tim Grayson (D-Concord) – Infrastructure construction: digital construction management technologies.
- AB 1803 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Court fees: ability to pay.
- AB 1998 by Assemblymember Thurston “Smitty” Smith (R-Apple Valley) – Community colleges: nonresident tuition fees: Western Undergraduate Exchange.
- AB 2264 by Assemblymember Richard Bloom (D-Santa Monica) – Pedestrian crossing signals.
- AB 2270 by Assemblymember Kelly Seyarto (R-Murrieta) – Authorized emergency vehicles.
- AB 2355 by Assemblymember Rudy Salas (D-Bakersfield) – School cybersecurity.
- AB 2481 by Assemblymember Thurston “Smitty” Smith (R-Apple Valley) – Household hazardous waste: facilities: transportation and acceptance.
- AB 2528 by Assemblymember Frank Bigelow (R-O’Neals) – Political Reform Act of 1974: campaign statements.
- AB 2721 by Assemblymember Alex Lee (D-San Jose) – Bay Area Air Quality Management District: district board: compensation.
- AB 2964 by the Committee on Agriculture – Agricultural land conservation: California Farmland Conservancy Program Act.
- AB 2969 by the Committee on Governmental Organization – Horse racing: out-of-state thoroughbred races: Blue Grass Stakes: pension plan or program.
- SB 53 by Senator Connie Leyva (D-Chino) – Unsolicited images.
- SB 844 by Senator Dave Min (D-Irvine) – California Cybersecurity Integration Center: cybersecurity improvement: reports.
- SB 1054 by Senator Rosilicie Ochoa Bogh (R-Yucaipa) – Public social services: records: confidentiality: multidisciplinary personnel teams.
- SB 1076 by Senator Bob Archuleta (D-Pico Rivera) – Lead-based paint.
- SB 1121 by Senator Lena Gonzalez (D-Long Beach) – State and local transportation system: needs assessment.
- SB 1438 by Senator Richard D. Roth (D-Riverside) – Physical Therapy Board of California.
- SB 1440 by Senator Richard D. Roth (D-Riverside) – Licensed Midwifery Practice Act of 1993: complaints.
- SB 1495 by the Committee on Business, Professions and Economic Development – Professions and vocations.
- AB 2022 would require the term “squaw” to be removed from all geographic features and place names in the state commencing on January 1, 2025. The bill would require the Natural Resources Agency to direct the committee to revise its existing charter to perform specified responsibilities, including notifying public agencies, as defined, of each geographic feature and place name that includes the term “squaw.” The bill would require the committee to choose a replacement name, under its discretion, and in consultation with advisory bodies, if the local governing body fails to recommend a replacement name within the allotted 180 days. The bill would require the committee to work in formal consultation with California Native American tribes on the list maintained by the Native American Heritage Commission to establish a procedure for receiving name recommendations.
The Governor announced on September 24, 2022 that he has vetoed the following bills:
- AB 858 by Assemblymember Reginald Byron Jones-Sawyer, Sr. (D-Los Angeles) – Employment: health information technology: clinical practice guidelines: worker rights. A veto message can be found here.
- AB 1711 by Assemblymember Kelly Seyarto (R-Murrieta) – Privacy: breach. A veto message can be found here.
- AB 1804 by Assemblymember Rudy Salas (D-Bakersfield) – Financial Information System for California. A veto message can be found here.
- AB 1983 by Assemblymember Vince Fong (R-Bakersfield) – Department of General Services: best value procurement: vehicles and equipment. A veto message can be found here.
- AB 2269 by Assemblymember Tim Grayson (D-Concord) – Digital financial asset businesses: regulation. A veto message can be found here.
- AB 2382 by Assemblymember Alex Lee (D-San Jose) – Light pollution control. A veto message can be found here.
- SB 1001 by Senator Dave Min (D-Irvine) – California Cybersecurity Integration Center: consumer protection: credit reporting. A veto message can be found here.
- SB 1233 by Senator Lena Gonzalez (D-Long Beach) – Department of Motor Vehicles: unserved or underserved populations: report. A veto message can be found here.
- SB 1162 requires a private employer that has 100 or more employees to submit a pay data report to the department. This bill would also require an employer, upon request, to provide to an employee the pay scale for the position in which the employee is currently employed. The bill would require an employer with 15 or more employees to include the pay scale for a position in any job posting. The bill would require an employer to maintain records of a job title and wage rate history for each employee for a specified timeframe, to be open to inspection by the Labor Commissioner.