November 10, 2022 | CRA Newsletter: Election Recap and More
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Message from the President
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We made it to Election Day and while votes are still being counted in California, I do not expect many changes, other than over 30 new members of the State Legislature! California remains as blue as ever, but we are still waiting to see what Los Angeles will look like as the race for mayor is still too close to call. All eyes will be on LA tomorrow when they release the next batch of vote tallies. We are also watching several Congressional races to see what impacts they may have nationally. While the state legislature remains firmly in the Democrats' control with their super majority, I expect the numbers in the State Senate to remain the same with a possible pick up of three seats for Democrats in the State Assembly. Read more of our election analysis below.
In other California news, changes are coming to the Administration. As I anticipated, after Governor Newsom’s successful reelection, the Governor’s Chief of Staff (Jim Deboo) announced he is joining former Cabinet Secretary (Ana Matosantos) in departing the Governor’s office. I and the CRA team appreciated our great working relationship with both of them, but I am excited to work with the new Chief of Staff Dana Williamson, who I have had the pleasure to work with prior to joining the California Retailers Association. Ann Patterson, former Legal Secretary for the Governor, succeeds Ana Matosantos as Cabinet Secretary and I look forward to our continued working relationship in her new role.
Now our attention turns to CRA priorities for 2023 – we expect labor to be a big issue and PAGA will be on the front burner. I am working hard, along with members of the PAGA Reform Executive Committee, on public outreach to promote our message that PAGA needs to be reformed. More on CRA’s role and the request of CRA members from the CRA Executive Committee coming soon as this is our best chance for much needed PAGA reform.
Please SAVE THE DATE! CRA will host our Advocacy Day at the Capitol January 31 – February 1 in Sacramento, including our Legislative Reception on January 31 where we honor our “Friends of Retail” and our “Retail Champions of the Year”. This is your chance to help CRA “tell the retail story” and educate legislators, especially new members, on the important role the retail industry plays in California, now the 4th largest economy in the world. More details to follow, but I hope you and subject matter experts from your companies will join us as we discuss labor, privacy, environmental sustainability, supply chain, PAGA and many other issues impacting the retail and business climate in the state.
I wish all of you a happy and healthy holiday season and look forward to working with all of you as we strategize for 2023 and ensure the retail industry can thrive and grow in California.
Best,
Rachel
In this Issue:
- Election Recap
- Legislative & Political Updates
- Regulatory Updates
- Chain Drug Updates
- CRA In The News
- CRA Annual Meeting Recap & Annual Report
- CRA Latest Outreach & Activities
- Cal-ORCA Latest Updates
- Member News
- CRA Member Portal
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Ballots are still being counted in California after last night’s General Election and will continue to be tallied for up to 30 days as required by law. The red wave that was predicted across the country was more like a ripple, and the Golden State continues its strong, blue trend. Governor Gavin Newsom easily won reelection to his second and final term, and Democrats retained every statewide, constitutional office.
There are several competitive Republican vs. Democrat seats in the Legislature that are still too close to call, but Democrat gains in the Legislature are not as significant as they could have been. It appears Democrats could pick up as many as three seats in the Assembly, but remain flat in the Senate. Prior to the election, Democrats held 31 of the 40 Senate seats and 60 of the 80 Assembly seats. If the current trends continue as ballots are counted, the balance of power in the Assembly could shift to 63 Democrats/17 Republicans and stay at 31 Democrats/9 Republicans in the Senate. All-told, as many as 34 new members will be sworn into the Legislature after last night’s election. Consistent with the trend in recent years, the Democrats’ supermajorities are not at risk – the question is how much their margins will increase.
While still too close to call, Rick Caruso holds a slight edge over Karen Bass for the closely watched Los Angeles Mayoral race.
In addition to the candidate races, voters cast their ballots on seven initiatives. SB 1, which enshrines the right to abortion in California, was approved by a large margin. The flavored tobacco ban referendum (Prop 31) passed, which means the sale of all flavored tobacco products in California will be outlawed. Conversely, Props 26 and 27, the two competing sports betting initiatives, failed, and voters also shot down Prop 30, which seeks to increase taxes on millionaires to fund the purchase of zero-emission vehicles.
You can read the results in key races and initiative contests as of today HERE. Note that, especially in the tight races, it could take several days or weeks before races are called. CRA will share updated analysis and results, but we wanted to share the preliminary results now. For the latest results as ballots continue to be counted, visit the Secretary of State website HERE.
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Legislative & Political Updates
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Medi-Cal Rx Updates
MCRxSS Announcement
MCRxSS Announcement
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The following alerts have been posted to the Medi-Cal Rx Web Portal on 10/26/2022. Reminder for Providers Regarding Patient Privacy
- Coverage of Sterile Syringes with Needles (Non-Insulin)
MCRxSS Announcement
A new alert, Diabetic Supplies: Update to the Minimum Quantity for FreeStyle Libre 3, has been posted to the Medi-Cal Rx Web Portal on 10/14/2022. Medi-Cal Rx Week over Week Operating Metrics (attached) An alert (link below) relating to the impending termination of a diabetic supply contract with LifeScan was published on the Medi-Cal Rx web portal on September 20, 2022. The termination will be effective November 20 of this year.
Resumption of Medi-Cal Pharmacy Rate Recoupment Jan 2023
DHCS issued an alert on the resumption of the Medi-Cal pharmacy rate recoupment. DHCS will begin the resumption process this month and plans to start recoupments in January.
DTSC Pharmaceutical Rule Workshop
The Department of Toxic Substances Control is holding a virtual public workshop on November 9 from 10am-noon PST to hear from stakeholders regarding California’s potential adoption of the US EPA’s Pharmaceutical Rule. CRA has had multiple discussions with DTSC regarding the need for California to conform with federal regulations with respect to the management of empty warfarin containers. DTSC plans to do so via an expedited rulemaking in November. CRA held a call for members to prep for the workshop. Read more.
CalRecycle Update
CalRecycle received the attached revised home-generated sharps waste stewardship plan from The Drug Takeback Solutions Foundation on October 15, 2022, in response to the Request for Approval signed by CalRecycle’s director on August 16, 2022.
Board of Pharmacy Update
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In Case You Missed It...
Business Community Urges Comprehensive Theft Prevention to Counter Repeat Retail Crime
Northern California Record
Tech, Retail Giants Unite Around Bills to Combat Organized Theft
Pluribus News
California Gov Signs INFORM Consumers Act
Loss Prevention Magazine
California INFORM Consumers Act Signed Into Law
Los Angeles Post
Calif. Ban On Forced Arbitration On Ice As 9th Circ. Regroups
Law360
Los Angeles Fair Work Week Ordinance Clears Council Committee
MyNewsLA.com
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CRA Annual Meeting Recap & Annual Report
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CRA hosted the 2022 Annual Meeting in September. Thank you to all who attended. We were joined by members from throughout the country who helped strategize for 2023, talk through issues important to retail in California (and the country) and develop initiatives that will continue to elevate CRA's voice in the state. We heard from the 2024 PAGA Initiative Campaign and Energy Code Ace, went over planning for the Cal-ORCA Conference- the first one held under CRA's management!- and started planning several events for next year including Retail Policy Roundtables, Retail Advocacy Day at the Capitol, CRA's Annual Legislative Reception and Local Retail Theft Roundtables.
We also confirmed the Association's 2023 Board of Directors and Officers, recapped our successes from the 2021-2022 Legislative Session and presented CRA's first official legislative scorecard.
For questions about the Annual Meeting or what was discussed, please reach out to Rachel directly.
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CRA Outreach & Activities
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SAVE THE DATE!
NRF Supply Chain 360
Calendars fill up fast and we want to make sure you mark yours for April 26-28, 2023, to join us at NRF Supply Chain 360 in Long Beach, Calif.
With the holidays approaching, it’s never too soon to start thinking about ways to optimize the modes and methods you use to better serve your customers in the years to come.
Take the next step to improve and streamline supply chain and sustainability efforts across your retail organization.
With unique experiences, captivating sessions and expert-led exercises, you won’t regret adding NRF Supply Chain 360 on April 26-28, 2023, to your calendar now.
Seats are limited and registration opens next week!
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CRA President and CEO Rachel Michelin Named to Advocacy All-Star Team at the 2022 CLEAR Conference
Congratulations to CRA President and CEO Rachel Michelin for her much deserved recognition from the CLEAR Coalition (Coalition of Law Enforcement and Retail - a National Association) recognizing Rachel for her work as part of the "Advocacy All Star Team" in CRA's partnership to combat Organized Retail Crime and Retail Theft in California. We are making progress, but there is more work to be done.
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Fight Retail Crime Day
CRA and NRF recognized October 26 as Fight Retail Crime Day. Retail crime is on the rise and threatens retailers and their employees, customers and the communities we serve. CRA highlighted the need for swift and comprehensive action by Congress to address the growing incidence of these crimes by sharing on our communications channels the following message and call to action:
It only takes one minute to tell Congress to act to
fight rising retail crime.
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CA Attorney General Working Group for ORC
CRA President and CEO Rachel Michelin joined the California Attorney General's office, along with online marketplace platforms and retailers, for the AG's first ORC Working Group following this year's Cal-ORCA Conference, which AG Rob Bonta participated in. Next steps from the AG's office include putting together formal commitments to combat ORC. These commitments will include a best practices guide for industries to build upon the discussions and the presentations about the best ways to preserve evidence for law enforcement agencies and prosecutors. Additional next steps include coming up with a set of industry standards to combat ORC with a goal to announce these developments and commitments at the end of November/early December, before the peak holiday season.
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Hundreds of Businesses, Law Enforcement, Local and Statewide Leadership
Turn Out for Cal-ORCA Conference 2022
The California Organized Retail Crimes Association (Cal-ORCA), in partnership with the California Retailers Association, hosted its annual Conference alongside the California Retailers Association on October 4 and 5 at the Ontario Convention Center in Ontario, California. The forum brought together policymakers, law enforcement and the business community for “Collaborating on a Safer California”. Participants included:
- California Attorney General Rob Bonta
- Ontario Mayor Paul S. Leon
- Ontario Police Chief Mike Lorenz
- Assemblymember Vince Fong
- Assemblymember Al Muratsuchi
- California Highway Patrol
- Homeland Security
- City of Redlands and Beverley Hills Police Departments
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and more.
Cal-ORCA is an organization dedicated to fostering partnerships between law enforcement and loss prevention professionals to provide training, combat Organized Retail Crime (ORC) and other crimes impacting the business community.
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Free Trainings Available for our New Crime Reporting Platform
Cal-ORCA and CRA coordinated with Auror, a new crime reporting provider, to host a series of free trainings throughout the year for our members. Auror is a new state of the art system for reporting, tracking and aggregating data across local jurisdictions and state lines. Be on the look out for additional training sessions for CRA and Cal-ORCA members interested in learning more about how to access and navigate the online crime reporting portal. If you have not yet heard from Auror or would like to request access, please send us an email at cra@calretailers.com.
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Reduce Your Risk - Comply with Title 20
Make time to comply with the California Appliance Efficiency Regulations (Title 20), it’s worth it! Title 20 sets minimum efficiency requirements for energy and water consumption in appliances. Retailers are responsible for verifying that all Title 20 regulated products being offered for sale are compliant prior to selling them.
Retailers play a significant role in ensuring customers are only offered the efficient and compliant products they want. If your company is found selling noncompliant products, you risk enforcement from the CEC which could include fines up to $2,500 per unit sold.
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CRA members get access to CRA's exclusive online member portal, which contains coalition letters, floor alerts, regulatory comments and testimony that California Retailers Association authored or signed on to during previous and current Legislative sessions. The portal also contains newsletter, news alert archives and important association governance documents for your reference. If you have not yet received your login credentials and access instructions please email cra@calretailers.com. We are also available to answer any questions you may have regarding portal navigation.
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Follow CRA on Facebook, Twitter, Linkedin and Instgram to stay up to date on the latest developments in statewide and local legislation and policies, regulations, relevant industry and member related news and association events.
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