New California laws and regulations come into effect July 1, 2024


 New California Laws Take Effect: Gunmaker Liability, Pork Industry Reform, and Affordable Housing 

California has enacted several new laws, which took effect on July 1st, aimed at addressing various social and economic issues. One notable change is the law allowing private citizens to sue gun manufacturers for producing or selling illegal firearms, an effort to curb gun violence. Additionally, a new law seeks to address the state's housing shortage by streamlining the construction process for affordable housing units. Other laws include a minimum wage increase to $19.8 an hour, the introduction of a "Bacon Law" to reform the pork industry, and a bill allowing most old convictions to be permanently sealed.

Summary

Here is a summary of some key new laws and regulations taking effect in California on July 1, 2024:

New Laws:

  • - Hidden fees prohibited - websites must show actual cost of services/items upfront, including for hotels, event tickets, food delivery.
  • - Increased minimum wage for fast food workers to $20/hour.
  • - 5 days of "reproductive loss leave" for pregnancy loss, failed adoption, etc. Applies to both people in a couple.
  • - Restrictions on specialty contractors engaging subcontractors with same license type on a single project unless certain conditions met.
  • - Non-compete agreements in employment contracts invalidated.
  • - Expanded paid sick leave - minimum 40 hours for full-time employees, cap increased to 80 hours.
  • - Right to repair electronics law requiring manufacturers to provide parts, tools and instructions to repair devices.
  • - Further limits on police concealed carry permits and 11% tax on firearms/ammo to fund violence prevention.
  • - Prohibits "excited delirium" from being considered valid medical diagnosis or cause of death.

New Regulations:

  • - Updates to fees collected by the California Gambling Control Commission
  • - Changes to curriculum requirements for Board of Registered Nursing
  • - New corticosteroid injection rules for horse racing from the California Horse Racing Board
  • - Speech-Language Pathology assistant supervision requirement changes
  • - Amendments to the CalSavers Retirement Savings Program
  • - Changes to continuing education requirements and exemptions for registered nurses

So in summary, Californians will see an expansion of worker benefits and protections, more pricing transparency, new gun restrictions, and various industry-specific regulatory updates starting July 1. The new laws span labor, healthcare, criminal justice, consumer protection and other key policy areas.

Right to repair, hidden fees, and drug testing kits: New laws come into effect July 1, 2024

fox5sandiego.com

Jacque Porter

(FOX40.COM) — A number of new laws on topics ranging from housing to hidden fees are set to come into effect in California on July 1.

Here are some of the laws more likely to have a direct impact on the average Californian.

Hidden Fees

Two bills that made it through the legislature last year take aim at hidden fees.

Senate Bill 478 and Assembly Bill 537 essentially require the advertised or displayed price for most goods or services to include all fees and other charges required to make a purchase other than government taxes and fees.

SB 478 covers most types of businesses with a few exceptions for businesses that have different regulations around advertising.

AB 537 is specifically targeted at rates for short-term lodging such as hotels or peer-to-peer platforms like AirBnB.

Drug Testing Kits

Businesses with “on-sale general public premises” alcohol licenses such as bars and restaurants are required to sell drug-testing kits at a price not much higher than what it costs to purchase wholesale.

The business must also post a notice that reads, “Don’t get roofied! Drink spiking drug test kits available here. Ask a staff member for details.”

Menstrual Products for Students

Assembly Bill 230, signed into law last October, takes an existing law that requires public schools that instruct any grade from 6 – 12 to provide free menstrual products in bathrooms and expands it to include grades 3 – 5.

In supporting documentation filed with the law, the bill’s author, Asm. Eloise Reyes, notes that 10% of girls have their first period by the age of 10.

Right to Repair

Senate Bill 244 requires manufacturers of electronics priced at $50 or higher for wholesale to make documentation and spare parts or tools available to repair or maintain a product.

Manufacturers of products priced $100 or more for wholesale must make parts and documentation available for at least seven years after the product was last manufactured.

Housing

Another law coming into effect is Senate Bill 684, which aims to get more housing built by speeding up the approval process for subdivision maps.

The law requires local agencies to approve those maps for projects in urban areas so long as they meet certain requirements including that the project not include more than 10 housing units.

An analysis by the legislature notes that small lot divisions allow for more medium-density housing such as “duplexes, fourplexes, garden apartments, townhomes and so forth.”

 

thegreenlawgroup.com

New California Laws for 2024 - The Green Law Group, LLP

12–15 minutes

California capitol building

As we move into 2024, California is introducing a set of new laws that may significantly impact small business operations and the construction trades. It’s important for business owners and contractors to understand these changes to adapt their business operations accordingly.

Here’s an overview of laws you should be aware of as a small business owner or building contractor:

Paid Sick Leave Expansion

Senate Bill 616 amends the 2014 Healthy Workplaces, Healthy Families Act. This new law, effective from January 1, 2024, introduces statewide standards for Paid Sick Leave (PSL), a response to the various ordinances across California that created a complex regulatory environment for multi-location businesses.

Here are the key points:

  • Full-time employees now have a minimum PSL of 40 hours, up from 24 hours.
  • Full-time and part-time employees must accrue a minimum of 1 hour of PSL per 30 hours worked.
  • Employees can use their accrued sick leave starting 90 days after employment begins.
  • The cap on accrued PSL hours increases from 40 to 80 hours (10 days), with a minimum carryover of 40 hours each year.
  • Employees qualify for paid sick days after working in California for the same employer for 30 or more days within a year.
  • Employers must inform employees about their PSL balance, for example, via pay stubs.
  • Any local ordinances providing lower minimums are superseded by this state law.
  • Employers can choose from state-guided accrual, lump sum, or a custom calculation, each with specific standards to meet.

Preparation for this law should include a review and update of your current policies, updates to your employee handbook, training of HR staff on the new requirements, and revisions to your payroll systems.  If you have questions about this law or need assistance, please contact us.

Increase in Minimum Wage

California’s minimum wage is set to increase to $16 per hour in 2024. This hike will impact labor costs across various sectors, including construction, retail, service, and hospitality industries. A rise in hourly minimum wage also affects salaried employees.  In general, a salaried exempt employee must be paid twice what they would have earned as an hourly fulltime employee. Small businesses need to plan their budgets accordingly to accommodate this increase.

Enhanced Worker’s Compensation Classification

Effective from July 1, 2024, Assembly Bill 336 requires contractors to certify workers’ compensation classification codes when renewing their licenses. This law intends to ensure proper compensation coverage and accurate worker classification. Businesses must review and potentially adjust their current worker classifications to comply with this new mandate.

New ADU Construction Standards

Senate Bill 897 introduces new regulations for the construction of Accessory Dwelling Units (ADUs). Starting in 2024, this bill sets minimum height limits and allows the possibility of two-story units in ADU construction, offering new opportunities for building expansion and modification. Contractors should get acquainted with these new guidelines to participate in the ADU market effectively.

Mandatory Toilet Facilities at Construction Sites

From January 1, 2024, AB 521 mandates the provision of toilet facilities at all construction jobsites. This law is aimed at ensuring adequate sanitary conditions for workers. Contractors need to plan for the installation and ongoing maintenance of these facilities to meet the new standard.

Marijuana Usage Protections

AB 2188, passed in 2022 and effective January 1, 2024, introduces protections for California employees who use marijuana during their personal time, with an exception for “employees in the building and construction trades” or applicants or employees hired for positions that require a federal government background investigation or security clearance.

Similarly, this new cannabis law expressly does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funds or federal licensing-related benefits or entering federal contracts.

The new Government Code as amended by SB 700 further prohibits employers from asking job applicants, including those in the construction and building trades, about their prior use of cannabis. Discrimination based on information about a person’s prior cannabis use obtained from the person’s criminal history is prohibited unless the employer is permitted to consider or inquire about prior cannabis use under state or federal law.

To comply with these new laws, employers will need to review their policies and procedures relating to drug testing, hiring and standards of conduct.

Specialty Contractor Contracting Prohibitions

AB 1204 restricts specialty contractors from engaging in contracts with multiple subcontractors holding the same license type on a single project, unless two conditions are met: (1) either the subcontractor uses employees to perform work under that specific license classification for the project, or (2) the specialty contractor has signed a legitimate collective bargaining agreement. Failure to comply with this rule is grounds for disciplinary action. This regulation applies to more than forty different types of specialty contractor licenses, such as those for concrete, drywall, carpentry, electrical, flooring, landscaping, roofing, sheet metal, and solar.

Noncompete Agreements Invalidated

AB1076 modifies California Business and Professions Code Section 16600, reinforcing a broad interpretation aligned with the California Supreme Court’s 2008 ruling in Edwards v. Arthur Andersen LLP. This bill explicitly invalidates any noncompete agreements in employment contracts, regardless of how specifically they are crafted. It also makes it illegal for employers to include noncompete clauses in employment contracts or to ask employees to sign such agreements.

Furthermore, by February 14, 2024, AB1076 mandates that employers provide written notification to current and past employees (who worked after January 1, 2022) affected by noncompete clauses or agreements, informing them that these clauses or agreements are void. This notice must be personalized and sent to the individual’s last known postal and email addresses.

Violating Section 16600.1 is considered an act of unfair competition under Business & Professions Code Section 17200, which allows for remedies like injunctions and restitution. However, AB1076 does not apply to noncompete agreements related to certain types of business ownership sales.

Reproductive Loss Leave

SB 848 grants eligible employees who have been with their employer for at least 30 days, up to five days of leave for “reproductive loss.” This includes events like a failed adoption, failed surrogacy, miscarriage, stillbirth, or unsuccessful assisted reproduction, and refers to the day of, or in case of a multi-day event, the last day of such occurrences. This leave must generally be taken within three months of the event and should align with any existing leave policies of the employer. It is important to note that this leave is in addition to other entitlements under the California Family Rights Act and the Fair Employment and Housing Act.

If an employee undergoes multiple reproductive loss events within a year, the employer can limit the total leave to 20 days in that 12-month period. In cases where the employer doesn’t have a specific policy, this leave may be unpaid. However, employees can use other types of leave, such as accrued paid sick leave, during this period.

Additionally, SB 848 mandates employers to keep information about an employee’s reproductive loss leave confidential. It also prohibits employers from retaliating against employees for taking this leave or for providing information or testimony regarding their reproductive loss leave.

Extended Statute of Limitations for CSLB Offenses

SB 601 revises the Contractors State License Law, which oversees the licensing and regulation of contractors under the Contractors State License Board within the Department of Consumer Affairs. Existing law requires:

  1. Written Contracts with Specific Amounts: Home improvement contracts must be in written form and include a clearly stated contract amount.
  2. Downpayment Limitation: The initial downpayment for these contracts is limited to the lesser of $1,000 or 10% of the total contract amount.
  3. Payment Regulations for Contractors: Contractors are prohibited from asking for or accepting payments that are greater than the value of the work completed, or materials provided. Violating these regulations is a criminal offense, punishable by a fine of $100 to $5,000, up to one year in jail, or both. In instances of violations in natural disaster-affected areas, the maximum fine must be imposed.
  4. Misuse of Licenses and Permits: The law makes it a criminal offense to misuse licenses, certificates, permits, or registrations issued by the department, such as lending or using a license unlawfully.

Traditionally, legal action for such offenses had to commence within one year of the offense. SB 601 extends this timeframe, allowing prosecution of misdemeanors related to license misuse to start within three years from when the offense was discovered or completed, whichever is later. This change effectively extends the legal window for prosecuting these specific crimes, making it part of a state-mandated local program.

Prevailing Wage for Large NEM Solar Projects

AB 2143- Effective January 1, 2024, any commercial-scale, non-residential net energy metered (NEM) solar project over 15 kW is considered a public works project and is therefore subject to prevailing wages. This includes any energy storage associated with a project. This law is applicable to all construction workers and apprentices who work on these projects. The California Public Utilities Commission (CPUC) is currently in the process of defining what it means to start a project before January 1, 2024. It has been proposed by the CPUC that the “start date” is determined by the interconnection submission date.

Effectiveness Reviews of Workplace Violence Protection Plans

SB 553- Effective July 1, 2024, most California employers are required to establish, implement, and maintain an effective workplace violence prevention plan. Plans can be stand-alone or part of the Illness and Injury Prevention Program (IIPP). The new requirements are detailed and include a requirement to review and evaluate the effectiveness of the workplace violence program plan “at least annually when a deficiency is observed or becomes apparent and after a workplace violence incident.” The requirements apply to most employers, although there are exceptions, including employees teleworking from a location of the employee’s choice and small establishments (less than 10 employees) not open to the public. Cal/OSHA will enforce the workplace violation plan requirements. Cal/OSHA is required to propose standards by December 1, 2025, and adopt standards by December 1, 2026.

Employee Retaliation Claims

SB 497 makes it easier for employees who engage in certain protected activities under the California Labor Code, such as filing complaints with the Labor Commissioner or enforcing equal pay complaints, to make retaliation claims. If an employee who engages in a protected activity experiences an adverse employment action, such as termination or demotion, within 90 days of the protected activity, SB 497 creates a presumption of illegal employer retaliation. The burden then shifts to the employer to show a legitimate non-retaliatory reason for the action. Even then, the employee can still argue that the action was nonetheless retaliatory. The presumption of retaliation based solely on a temporal element is a notable shift in the legal framework. This change only serves to reinforce employer best practices: document performance and disciplinary issues timely and thoroughly and ensure consistency in taking adverse action against employees.

The incoming laws in California for 2024 bring significant changes, particularly for small businesses and the construction industry. Understanding these new requirements and preparing for them is vital for operational success and legal compliance. Staying informed and flexible will be key to effectively managing these changes in the California business landscape.

Please note that this article is only intended to provide some general educational information. For your particular legal questions, be sure and consult with an attorney.

Scott Green
(805) 306-1100 ext. 114
scott@thegreenlawgroup.com

New California laws that might affect your 2024

Steve Milne, Chris Nichols, Nicole Nixon, Mike Hagerty, Janelle Salanga, Manola Secaira, Kristin Lam, Srishti Prabha, Kate Wolffe
capradio.org

This past year California lawmakers passed and Governor Gavin Newsom signed more than 1,000 bills, and most of those will become new laws in 2024. Plus there are bills from previous years that are also scheduled to take effect after Jan. 1.

Not all of those laws will impact your day-to-day life. The establishment of “Workplace Readiness Week” (now the week of April 28) or new procurement rules for transportation analytics software may not really change your 2024 (though maybe they will!).

We took a look at a few new laws that may, from new rules for building affordable housing to how you interact with police officers and new emission standards for certain small engines (think leaf blowers).

View past years: 2023 | 2022 | 2021 | 2020 | 2019 | 2018 | 2017 | 2016 | 2015

Making it easier for faith groups and colleges to build affordable housing on their land

Religious institutions and nonprofit colleges in California will be allowed to build affordable housing on their properties without having to go through complex and expensive rezoning processes under a new state law that goes into effect in January. 

Senate Bill 4, often called the Yes In God’s Backyard (YIGBY) bill, gained bipartisan support in the Legislature and was signed by Governor Gavin Newsom in October. State Senator Scott Wiener, D-San Francisco, authored the bill, which is officially called the Affordable Housing on Faith Lands Act. 

The law rezones land owned by nonprofit colleges and religious institutions, such as mosques, churches, and synagogues, to allow for affordable housing. Many faith-based groups and nonprofit colleges are currently located on lands where multi-family housing is expressly prohibited by local zoning rules.

It allows them to bypass most local permitting and environmental review standards that can take years to complete. The law is set to sunset in 2036.

Neither “CEQA (California Environmental Quality Act) nor local political processes can be misused to stop these affordable housing projects,” according to a news release Wiener issued in October. 

SB 4 requires that all housing built through this streamlined process must remain affordable through a deed restriction for at least 55 years for rental properties and 45 years for properties that can be owned. It must also adhere to state affordable housing density and height requirements. 

A recent report from UC Berkeley’s Terner Center found there are approximately 171,000 acres of land throughout the state that would be eligible for affordable housing under SB 4, including about 1,700 acres owned by faith-based organizations in Sacramento County. 

Housing advocates say the lack of available land is one obstacle to building more affordable homes. Securing the necessary funding presents an equally large challenge. 

The legislation was sponsored by the California Conference of Carpenters, Inner City Law Center, Jewish Public Affairs Committee, Non-profit Housing Association of Northern California (NPH) and Southern California Association of Non-Profit Housing (SCANPH).

Several cities, local government and neighborhood groups opposed the bill due to concerns over the loss of local control. They said local zoning and land use planning documents would be ignored. Those opposed included the cities of Beverly Hills, Manhattan Beach and Visalia, among others. 

— Chris Nichols 

Leave for reproductive loss

Pregnant people who miscarry or couples who experience a failed adoption will now be eligible for five days of time off through California’s “reproductive loss leave.”

The law covers “miscarriage, unsuccessful assisted reproduction, failed adoption, failed surrogacy, diagnosis negatively impacting pregnancy, diagnosis negatively impacting fertility, or stillbirth,” and applies to both people in the couple. Previously, people could only get time off if they were incapacitated after the loss of a pregnancy, and family and bereavement leave don’t cover most situations. 

“I wanted to ensure that this was for everyone, not just women who are pregnant, but those that want to be parents in other ways,” said bill author state Senator Susan Rubio, a Democrat who represents eastern Los Angeles County. 

The law, SB 848, comes after Utah and Illinois passed their own reproductive loss laws last year.

Under California’s new law, employers are not obligated to pay employees for the time off and employees are only allowed to use 20 days of reproductive loss leave within a year-long period. 

Rubio said a big part of putting forward the legislation was “signaling to women and those experiencing such a horrific loss that it's okay to speak about it,” she said. “I think for many years it felt like women did something wrong because they couldn't carry a child to term and it's not their fault.”

According to the Mayo Clinic, about 10-20% of all pregnancies end in miscarriage, although the number is estimated to be higher when including people who never know they’re pregnant. 

— Kate Wolffe

A California Highway Patrol officer stops a motorist
along Interstate 5 freeway on April 23, 2020, in Anaheim, Calif.
AP Photo/Chris Carlson, File

 


Police officers have to say why they stopped a driver

“Do you know why I stopped you?”

If you’ve been pulled over by police, you may have been asked that question.

Beginning in 2024, it will be illegal for law enforcement to make it the first thing they say to you. Instead, they’ll have to tell you why they stopped or pulled you over before engaging in any questioning.

Their reasoning for stopping individuals must also be documented on any citation and on police reports.

The only exception to the new law is if a police officer “reasonably believes that withholding the reason for the stop is necessary to protect life or property from imminent threat,” according to the text of the law.

People of color, particularly Black people, are stopped by police at higher rates than white people. The new law is meant to track that disparity and the outcomes of police stops. The law, AB 2773, was approved in 2022. 

— Nicole Nixon

Expansion of traffic speed cameras

Your next speeding ticket could come from a traffic camera under a law authorizing some cities to set up surveillance in certain areas under a new pilot program.

The cameras would automatically capture the license plate information and ticket drivers who are traveling at least 11 miles per hour over the road’s speed limit. The first violation up to 15 mph over the limit would result in a warning. 

For now, only six cities are allowed to set up the cameras: Los Angeles, San Francisco, San Jose, Oakland, Long Beach and Glendale.

The speeding cameras can only operate for five years and will only be allowed in school zones, safety corridors or areas where speeding is a common problem. They will not be allowed on freeways.

California law already allows traffic cameras to automatically ticket drivers for running a red light.

Pedestrian safety advocates say the new law will lead to safer streets and fewer crashes. Cities that install the speeding cameras will be required to report whether – and by how much – the cameras reduce traffic incidents.

— Nicole Nixon

Increasing city council member pay

Senate Bill 329 increases the maximum salaries most City Council members can receive and sets rules for increasing their pay. Advocates say the bill reduces financial barriers for people to serve in public office. 

The bill applies to general law cities, but not charter cities such as Sacramento and Los Angeles. Charter cities operate under their own charters, while general law cities follow general state laws. Most of California’s 482 cities are general law cities, said Johnnie Pina, a legislative affairs lobbyist for the League of California Cities.

The state has not adjusted maximum salaries for council members in general law cities since 1984, Pina said. Increasing the maximum salaries allows cities to adjust council members’ pay for inflation. 

New limits for council member pay range from $950 per month in cities with a population of 35,000 or fewer people to $3,200 per month in cities with a population of more than 250,000 people. The bill also allows council members to approve ordinances to increase their salaries past these maximums based on inflation or their previous pay adjustment. 

The bill may increase the diversity of people who serve on City Councils, said Roger Dickinson, the policy director for CivicWell, a nonprofit that supports developing sustainable policies.

“There's a distinct need to have people sitting on City Councils who are able to devote sufficient time to the work … and to increase the diversity of those who serve on City Councils,” Dickinson said. “To make it more practical for not just not just people of color, but also people who may have less economic means to serve on City Councils.”

The law goes into effect Jan. 1, but a city can only implement salary increases for council members when at least one begins a new term.

— Kristin Lam

Ending suspensions for “willful defiance”

Introduced by state Senator Nancy Skinner (D-Berkeley), SB 274 — also known as “Keep Students in School” — will prohibit the suspension or expulsion of public school students in 6-12th grade based on what’s known as “willful defiance.” The law goes into effect July 1, 2024 until July 1, 2029. 

Willful defiance, outlined by the policy, is the disruption of school activities or defiance of authority such as supervisors, teachers, or administrators. Suspensions are still pursued by the superintendent or principal for actions including, but not limited to, physical injury to another person, unlawful possession or use of an intoxicant, and attempted damage to school property.

This legislation appends Skinner’s previous bill — SB 419 — which permanently eliminates willful defiance suspensions in grades TK to 5 and prohibits them in grades 6 to 8 until 2025. 

Additionally, the bill mandates that school employees utilize intervention methods, including in-school and outside support, and document the actions taken within five days of the incident. 

Mark Harris, the diversity, equity, inclusion, and accessibility monitor for Sacramento City Unified School District, said he continues to be concerned about the underlying teacher subjectivity with deeming a student willfully defiant.

“No one yet has come up with what will replace the current system,” explained Harris. “So they no longer are going to be kicked off campus. But what are they going to do? And where are they gonna go and who's gonna teach? I don't know the answer to those questions.”

Sacramento City and Elk Grove Unified have been subject of high Black and brown suspension rates in the state as recently as 2019. Despite the policy demanding that the state reimburse the school for any expenses incurred in providing intervention, there are no actual monies associated with the bill.

— Srishti Prabha

LGBTQ+ cultural competency training for teachers

A law taking effect in the new year requires the California Department of Education to establish LGBTQ+ cultural competency training for teachers. It's called the "Safe and Supportive Schools Act." 

"Now in this time, especially with the heightened attacks against the LGBTQ+ community,” said bill co-author Torrance Democratic Assembly member Al Muratsuchi, “I believe it is the position and the values of the state of California that we take this important step forward to lead the country in terms of the right thing to do."

Under the act, the DOE will need to set up a training curriculum for teachers and other certified school employees to support LGBTQ+ students. 

Proponents of the legislation — including a transgender student from Sacramento County — urged state lawmakers to send it to the governor's desk.

One of those proponents identified himself as Adrian, a 10th grader attending a high school in Elk Grove. 

Adrian told lawmakers he came out as transgender to a small group of people but didn't want it known by others. A teacher found out and attempted to affirm Adrian's gender identity by calling Adrian he/him in front of the whole class, without permission.  

"I was mortified,” Adrian said during a legislative hearing. “All of a sudden, all control I had over my own decision to come out at school had been taken away from me."

The new law requires the Education Department to have an online training program in place by the 2025-26 school year. The online training will start with the 2025-26 school year and only apply to educators who teach seventh to 12th graders.

Researchers say LGBTQ+ students miss fewer classes and get better grades when they have supportive teachers. 

— Steve Milne

Adding Asian American history, media literacy to California’s K-12 curriculum

California’s K-12 curriculum will undergo another overhaul soon — thanks to two bills, Assembly Bill 873 and Assembly Bill 1354, which respectively require the state’s Instructional Quality Commission to consider including media literacy content at each grade level and expanding instruction on Asian American, Native Hawaiian and Pacific Islander history in the U.S. 

On Jan. 1, California K-12 students won’t find their day-to-day curriculum disrupted immediately. But these laws jumpstart the work of updating the curriculum framework to encompass both subject areas. 

Only three other states — New Jersey, Texas and Delaware — have passed similar legislation on media literacy curriculum. Democratic Assembly member Marc Berman, who introduced AB 837 and represents portions of the San Francisco peninsula, called media literacy education a “bipartisan issue.” 

“This is really just about trying to make sure that the next generation has the skills that they need to navigate the reality of today,” he said.

And media literacy education has been on California legislators’ minds. In 2018, the state’s department of education, California School Library Association and KQED compiled media literacy information in three free databases to fulfill the requirements set forth in Senate Bill 830.

AB 1354 also reflects another legislative priority: responding to racist, xenophobic violence against Asian Americans that sprung up at the COVID-19 pandemic’s start. 

Among the topics the instructional commission will consider incorporating into curriculum are “examples of racism, discrimination and violence perpetrated against Asian Americans, Native Hawaiians, and Pacific Islanders in the United States, including, but not limited to, hate crimes committed during the COVID-19 pandemic,” AB 1354 reads. 

Even outside that, Asian American history is a particularly relevant issue. Asians are the fastest-growing ethnic group in California, a state which has the largest population of Asian Americans in the U.S. The bill aims to paint a fully contextual picture of history to “help prevent and decrease discrimination and violence perpetrated against the Asian American community.” 

— Janelle Salanga

A pumpjack operates in Bakersfield, Calif., on Jan. 15, 2015.
AP Photo/Jae C. Hong, File

Requiring owners to clean up “orphaned” oil wells

A new law targets California’s “orphaned” wells, which are inactive wells where the owner does not have the money to clean up the site. It requires companies interested in purchasing idle or low-producing oil wells to have money set aside to sufficiently cover the costs of plugging, abandoning and restoring the site of the well. 

Advocates say this will help prevent large oil companies from selling wells to smaller companies who may not have the resources to clean up the site. Wells that aren’t properly maintained can contaminate groundwater, leak hazardous gasses like methane and pose health threats for nearby communities. 

“Because California doesn't have a setback law on the books, which just means a mandatory distance between oil wells and … places where people live, work and play, these oil wells are right outside of people's homes,” said Jasmine Vazin, a field organizing strategist with the Sierra Club. 

Vazin said negative health threats posed by these wells — which can include respiratory diseases and birth defects — are “impacts that are completely avoidable.” Although the law does not impact already existing orphaned wells, she said the law will prevent wells from becoming orphaned in the future. 

— Manola Secaira

New emission rules for small gasoline engines

Small gasoline engines used to power lawn mowers, leaf blowers and other equipment will need to meet zero-emission requirements on Jan. 1.  

The rule, approved by the California Air Resources Board in late 2021, applies to newly-manufactured small off-road engines, known by the acronym SORE. These small engines pollute well beyond their size and weight, with CARB saying a commercial operator using one backpack leaf blower for one hour generates the same smog-forming emissions as a car driving 1,100 miles.

According to CARB, the volume of smog-forming emissions from this type of equipment has surpassed emissions from light-duty passenger cars and is projected to be nearly twice those of passenger cars by 2031.

Generators and large power washers won't have to meet the zero-emission rule until 2028, but beginning on Jan. 1, they will have more stringent emissions standards — a reduction of 40 to 90%. 

The Legislature has allocated $30 million to be dedicated to sole proprietors and other small landscaping businesses in California to help them purchase zero-emission small off-road equipment, including leaf blowers, lawn mowers and string trimmers.

— Mike Hagerty

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New California laws going into effect in 2024: Minimum wage, housing, guns, abortion and more

Ashley Zavala
kcra.com

SACRAMENTO, Calif. —

The start of the year unlocks a new set of rules, regulations and protections for Californians.

Many of the new laws that go into effect this year impact the workplace and make changes to the state's criminal justice system.

(Video above: New California laws for 2024: Higher minimum wage, cannabis protections, expanded sick days.)

From how much renters pay to secure a spot to how toys are organized inside of a store, hundreds of new laws are going into effect this year. Here's a look at some of them.

Workers

New protections for those who use or have used cannabis off the clock: 

SB 700 prohibits an employer from requesting information from an applicant's prior cannabis use. 

AB 2188 prohibits employers from discriminating against a worker or applicant based on their use of cannabis off the job and away from the workplace. Those who work in building and construction trades and federal workers are exempt from this. 

Minimum wage increases: California's minimum wage overall will increase to $16 dollars an hour when the new year begins because of a state law that requires the minimum wage to adjust for inflation. Later this year, other job sectors will see even bigger bumps. 

In April, AB 1228 will go into effect to raise the minimum wage of fast-food workers to $20 an hour. 

In June, because of SB 525, some health care workers will begin seeing increases to their minimum wage depending on the type of facility they work in, to eventually reach a $25 minimum wage for the entire industry by 2033.

SB 497 - Makes it easier for employees to establish retaliation claims against their employer. This is known as the Equal Pay and Anti-Retaliation Act.

SB 616 - Requires employers to allow both hourly and salary workers to earn a minimum of five paid sick days a year.

Public Safety

New limits for gun buyers and carriers: Lawmakers and the governor this year passed two laws in response to mass shootings nationwide. SB 2 places new limits on concealed carry firearm permit holders, while AB 28 imposes an 11% tax on firearms and ammunition to help fund violence prevention programs.

SB 14 - Defines child sex trafficking as a serious felony under California law, meaning repeat offenders of this crime and other serious offenses could face up to life in prison

AB 701 - Enhances jail time for those trafficking more than a kilo of fentanyl.

SB 673 - Establishes the "Ebony Alert" for missing young Black women and children.

AB 360 - Prohibits "excited delirium" from being considered a medical diagnosis or valid cause of death, which has been used by coroners in other states, including Minnesota for the classification of the death of George Floyd.

AB 452 - Eliminates the statute of limitations, or time limit for the recovery of damages, for victims of childhood sexual assault that occurs on or after January 1.

AB 2282 - Enhances criminal penalties for those who use swastikas, nooses, desecrated crosses and other hate symbols on schools, cemeteries, religious institutions, businesses and other private and public spaces.

Housing

AB 12 - Starting in July, prohibits landlords from charging more than one month's rent for a security deposit.

SB 4 - Allows places of worship or independent higher education institutions to build a housing development project on their property "by right."

Health

Abortion and reproductive protections have been a priority for lawmakers and the governor since the Supreme Court of the United States struck down Roe v. Wade. With that, they passed SB 345, which sets legal protections for healthcare providers who mail abortion pills or gender-affirming prescriptions out of state. SB 385 allows physician's assistants to do surgical abortions without the direct supervision of a doctor. For those mourning a reproductive loss, SB 848 requires employers to provide five days of time off for workers who went through the loss, including a miscarriage, stillbirth, or unsuccessful embryo transfer, insemination or adoption.

SB 43 - Makes it easier for counties to put those with severe mental illness into medical treatment or temporary psychiatric holds. The law expands who can be put into an involuntary hold to include those who are addicted to drugs or alcohol or who are unable to keep themselves safe.

Consumer

AB 1084 - Requires retailers to have a gender-neutral toy section.

SB 244 - The Right to Repair Act, which will require manufacturers of devices that cost more than $50 to provide consumers and repair shops with parts, tools, or instructions to repair the device.

SB 478 - Hidden fees no longer. Starting in July, this will require websites to show the actual cost of a service or item upfront. This includes hotel or short-term rental stays, event tickets and food delivery services.

Miscellaneous

ONLINE PROTECTIONS: AB 587 requires social media companies to disclose how they address hate speech and disinformation. Tech companies are expected to provide reports to the state attorney general on how they address violations of user terms.

DAYLIGHTING CROSSWALKS: AB 413 prohibits stopping or parking a vehicle within 20 feet of an intersection or crosswalk clear of parked vehicles.

KEEP CRUISING: AB 436 keeps cities and counties from imposing cruising bans on city streets. 

 


California Laws: What’s New for 2024 - California Lawyers Association

Brian
calawyers.org

January 2024

By Saul Bercovitch

Hundreds of new laws recently went into effect, and many are of interest to California lawyers. Ensure you are up to speed on changes to the law, some of which are highlighted below. These laws went into effect on January 1, 2024, unless otherwise stated. 

CLA Sections

CLA’s Sections had a successful year with their sponsored legislation. 

The State Bar

SB 40 (Umberg) authorizes the State Bar to collect annual attorney licensing fees for 2024 in the same amount as for 2023. In addition, SB 40, among other things:

  • Enacts statutory language to complement the new mandatory reporting rule adopted this year, Rule of Professional Conduct 8.3, codifying a duty to report attorneys engaged in seditious conspiracy, treason, rebellion or insurrection.
  • Authorizes the State Bar to use the net proceeds from the sale of the San Francisco office to cover employee salaries and operational costs associated with the discipline system and administration of the Bar Exam.
  • Beginning January 1, 2025, prohibits the Chief Trial Counsel from issuing private reprovals to an attorney accused of misconduct.
  • Makes the appointment of the State Bar’s executive director and general counsel subject to confirmation by the Senate. 

Civil Law and Procedure

AB 933 (Aguiar-Curry) expands the communications protected as privileged for purposes of a defamation action to include a communication made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination.

AB 1119 (Wicks) extends the time period in which a judgment creditor is required to personally serve a copy of the order on the judgment debtor from no less than 10 days to no less than 30 days before the date set for the debtor’s examination (effective January 1, 2024) and makes several changes relating to the collection of consumer debt for judgments awarded on or after January 1, 2025.

AB 1171 (Blanca Rubio) authorizes a licensee under the Medicinal and Adult-Use Cannabis Regulation and Safety Act to bring an action against a person engaging in unlicensed commercial cannabis activity.

AB 1366 (Maienschein) authorizes the Attorney General to seek disgorgement for violations of the Unfair Competition Law and False Advertising Law. It requires the funds recovered to be deposited into a Victims of Consumer Fraud Restitution Fund.

AB 1414 (Kalra) prohibits the use of common counts to recover consumer debt and excludes consumer debt from the definition of “book account.”

SB 71 (Umberg) increases the jurisdictional limit in small claims court from $10,000 to $12,500 and in limited civil cases from $25,000 to $35,000.

SB 235 (Umberg) amends the Civil Discovery Act by, among other things, requiring each party that has appeared in a civil action to provide initial disclosures to the other parties to the action within 60 days of a demand by any party to the action, unless modified by the stipulation of the parties. It exempts unlawful detainer actions, small claims actions, actions or proceedings under the Family Code, actions or proceedings under the Probate Code, actions in which a party has been granted trial preference under Code of Civil Procedure section 36, and any party in an action who is not represented by counsel. The bill also increases from $250 to $1,000 the sanction for failure to respond in good faith to a request for production of documents.

SB 365 (Wiener) provides that trial court proceedings will not be automatically stayed during the pendency of an appeal of an order dismissing or denying a petition to compel arbitration.

SB 497 (Smallwood-Cuevas) creates a rebuttable presumption in favor of an employee’s retaliation claim if an employer takes disciplinary action against the employee within 90 days and establishes that in addition to other remedies, an employer is liable for a civil penalty not exceeding $10,000 per employee for each violation of specified whistleblower protections, to be awarded to the employee who was retaliated against.

Criminal Law and Procedure

AB 56 (Lackey) expands eligibility for victim compensation to include emotional injuries from felony violations of, among other things, attempted murder, rape, sexual assault, mayhem, and stalking.

AB 455 (Quirk-Silva), effective July 1, 2024, authorizes the prosecution to request an order prohibiting a defendant subject to mental health pretrial diversion from owning or possessing a firearm because they are a danger to themselves or others, until they successfully complete diversion or their firearm rights are restored.

AB 943 (Kalra) requires the California Department of Corrections and Rehabilitation to prepare and publish monthly demographic data based on voluntary self-identification information from people admitted, in custody, and released and paroled, disaggregated by race and ethnicity, as specified. Starting January 1, 2025, the data, except for personally identifying information, must be publicly available on the department’s website via the Offender Data Points dashboard.

AB 1539 (Berman) makes it a misdemeanor for any person to vote or to attempt to vote both in an election held in California and in an election held in another state on the same date.

SB 14 (Grove) includes human trafficking of a minor within the definition of a serious felony for all purposes, including for purposes of the Three Strikes Law, except as specified.

SB 241 (Min), commencing on July 1, 2026, requires a licensee and all employees that handle firearms to complete specified training annually and requires the Department of Justice, on or before February 1, 2026, to develop and implement a training course, as specified, including a testing certification component.

SB 376 (Rubio) provides that a victim of human trafficking or abuse has the right to have a human trafficking advocate and a support person of the victim’s choosing present at an interview by a law enforcement authority, prosecutor, or the suspect’s defense attorney and requires the human trafficking advocate to advise the victim of the applicable limitations on the confidentiality of the victim’s communications with the advocate.

SB 452 (Blakespear), commencing on July 1, 2028, prohibits licensed firearm dealers from selling, offering, exchanging, giving, or transferring a semiautomatic pistol unless the pistol has been verified as a microstamping-enabled pistol, if the Department of Justice has determined that microstamping components or microstamping-enabled firearms are available, and makes it a crime for a person to modify a microstamping-enabled pistol.

Additional Resources

An article on New California Laws Going Into Effect in 2024 is posted in the California Courts Newsroom, and the Judicial Council of California has published a Summary of Court-Related Legislation enacted in 2023. Governor Newsom has highlighted landmark legislation that went into effect on January 1, 2024. A broad summary of some of the laws enacted in 2023 is available here.

Saul Bercovitch is California Lawyers Association’s Associate Executive Director for Governmental Affairs.

 

 

Regulations Effective July 1, 2024 

(Regulations Filed With The Secretary of State from March 1, 2023 to May 31, 2024 Inclusive)

Government Code sections 11343 and 11344 (as amended by Statutes 2012, chapter 295 (SB 1099)) require an agency to post regulations approved by OAL and filed with the Secretary of State on that agency’s website in an easily marked and identifiable location. The regulations must be posted within 15 days of OAL filing a state agency’s regulation with the Secretary of State.  This information must be kept on the agency’s website for at least six months. This is a table of agency links for approved regulations filed with the Secretary of State within the time frame set forth above.

 

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