October 1, 2024 | CRA Newsletter: Governor Action on Legislation, Regulatory & Other Updates, CRA Annual Meeting Recap | |
Message from the President | | |
The 2023-24 Legislative session has come to an end, and what an ending it was! I am extremely proud of what the CRA team accomplished for our members this legislative session. I just got off the phone with a member of the Legislature who was complimenting me on our successful session. He said, “your members should be very proud – you had more accomplishments than any other business association in the state." He was right, and I am thankful for the work of the CRA team and the partnership of our member companies.
A few of the highlights include:
Passage of an 11 bill bi-partisan retail theft package that includes a new felony for serial theft that also includes not only the person stealing, but the booster they are selling to; makes the ORC statue (490.4) and the ORC task forces through the California Highway Patrol permanent; allows county DA’s to stack retail theft charges from multiply counties; creates felony enhancements for smash and grabs, arson in stores and knowing selling of stolen goods; creates a new “retail theft restraining order"; and expands probable cause to include the use of video, among other things. This was the most significant package of retail theft bills passed by the legislature and signed by the Governor in modern California history and I am proud that CRA had an active role in making sure it happened. There is more work to be done next year with the Legislature and Administration, but CRA is well positioned to ensure the retail industry and our priorities in this policy arena are well represented.
Self-Checkout – CRA negotiated with Assembly leadership to keep this bill from moving to the Assembly floor for a final vote and, while this year was only focused on certain retailers, we knew if it passed it would quickly expand to warehouse, distribution centers and all retailers in the state. While we did work via the coalition to try and negotiate amendments, we never seemed to get close to any agreement. I, along with Ryan and at the request of Leadership, met with the author to personally try and see if we could negotiate an agreement and, while it was a very congenial conversation, we could not find common ground on outstanding issues. I was, however, able to find a few provisions in the bill that, when brought to the attention of leadership, allowed me to get it held in Rules committee. This bill will be retuning next year as we know it is a priority of labor (UFCW).
Gift Cards – This bill was a bit frustrating for us as we tried to work on a compromise with the author and for whatever reason the author (or at least his staff) did not seem to want to negotiate. This was another bill that was quietly worked behind the scenes with the Administration behind to ensure our member priorities were advocated for. I was thrilled that at the end of session, the author was encouraged to use the bill as a vehicle for another issue, which is what the author chose to do. I am not sure whether or not it will return next year, but if it does, we will certainly be ready.
Warehouse (AB 98) – The issue of warehouse and the environment has been something CRA, and the greater business community has dealt with for many years. There have been multiple attempts to legislate where warehouses can be built, truck routes, air quality, etc. This year Speaker Rivas tasked two legislators – Assemblymember Juan Carrillo and Assemblymember Eloise Reyes to work with select stakeholders to come up with a compromise bill to move this issue forward. This resulted in AB 98. While not perfect, it was a step in the right direction and while there were several groups on both side of the issue – business and environmental justice – opposed the bill, CRA joined other groups including the Cal Chamber, Cal Restaurants Assn, CA Hospitals Assn, UFCW, CA State Council of Laborers and others in support of compromise. Both authors and the Speaker acknowledge more needs to be done next year and by coming out neutral on the bill, CRA was ensuring we are at the table for further negotiations.
Cal/OSHA Workplace Violence Regs – We were disappointed to see the proposed regulations from Cal/OSHA related to workplace in response to SB 553 go back on the negotiated deal we had cut with the Governor’s office and the author to remove our opposition from SB 553. Unfortunately, Cal/OSHA added the issues we had concerns with and negotiated out of the bill back into the draft regulations. I have already been in contact with the Governor’s office and the Director of GoBiz and am cautiously optimistic we can work to find a compromise before the final adoption at the end of 2025.
These are just a few of the highlights from this past year. Please take a moment to read more about our accomplishments in the articles below. Now our attention turns to 2025 and our priorities for the next session. We are looking forward to leaning into telling the retail story around environmental sustainability issues, specifically EPR programs; how retailers utilize artificial intelligence; and focusing on workforce development. We have several new programs and opportunities to engage in along with new educational programs and opportunities to build on the great work and reputation CRA has at the State Capitol and throughout California.
As always, if you have any questions, ideas or suggestions, please do not hesitate to reach out.
Rachel
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In This Newsletter Issue:
- Governor Action on Legislation
- Regulatory & Related Updates
- CA Community Pharmacy Coalition Updates
- CRA Annual Meeting Recap
- Other Outreach and Activities
- Help Cal Retailers Advocate for you
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Governor Action on Legislation | | |
See below for a list of bills the Governor has signed or vetoed.
Bills Signed
AB 98 (Juan Carrillo & Reyes) Planning and zoning: logistics use: truck routes
CRA Position: Neutral
AB 347 (Ting) Household product safety: toxic substances: testing and enforcement
CRA Position: Oppose
AB 863 (Aguiar-Curry) Carpet Recycling
CRA Position: Neutral as amended
AB 1902 (Alanis) Prescription drug labels: accessibility
CRA Position: Support
AB 1976 (Haney) Occupational safety and health standards: opiod antagonists in first aid kits
CRA position: Neutral
AB 2371 (Juan Carrillo) Electrified security fences
CRA Position: Support
AB 2499 (Schiavo) Unlawful discrimination and paid sick days: victims of violence
CRA Position: Oppose
AB 2511 (Berman) Beverage container recycling: market development payments
CRA Position: Neutral
AB 2863 (Schiavo) Automatic renewal and continuous service offers
CRA Position: Neutral as amended
AB 2885 (Bauer-Kahan) Artificial Intelligence
CRA Position: Neutral
AB 2991 (Valencia) Alcoholic beverage control: retailer payments: electronic funds transfers
CRA Position: Support as amended
SB 399 (Wahab) Employer communications: captive audience meetings
CRA Position: Oppose
SB 551 (Portantino) Beverage containers: recycling
CRA Position: Neutral
SB 707 (Newman) Responsible Textile Recovery Act of 2024
CRA Position: Neutral as amended
SB 940 (Umberg) Civil disputes
CRA Position: Neutral as amended
SB 1053 (Blakespear) Reusable grocery bags
CRA Position: Neutral as amended
SB 1059 (Bradford) Cannabis: local taxation: gross receipts
CRA Position: Support
SB 1089 (Smallwood-Cuevas) Food and prescription access: grocery and pharmacy closures
CRA Position: Neutral as amended
SB 1103 (Menjivar) Tenancy of commercial real properties: agreements: building operating costs
CRA Position: Neutral
SB 1113 (Newman) Beverage container recycling: pilot projects: extension
CRA Position: Neutral
SB 1143 (Allen) Paint products stewardship program
CRA Position: Support as amended
SB 1280 (Laird) Waste management: propane cylinders: reusable or refillable
CRA Position: Oppose
SB 1451 (Ashby) Professions and vocations; Paxlovid extension
CRA Position: Support
Bills Vetoed
AB 1949 (Wicks) California Consumer Privacy Act of 2020: collection of personal information of a minor
CRA Position: Oppose
AB 3048 (Lowenthal) California Consumer Privacy Act of 2018: opt-out preference signal
CRA Position: Oppose
SB 26 (Umberg) Mental health professions: CARE Scholarship Program
CRA Position: Neutral
SB 1022 (Skinner) Enforcement of civil rights
CRA Position: Oppose
SB 1066 (Blakespear) Hazardous waste: marine flares: manufacturer responsibility
CRA Position: Support
SB 1047 (Wiener) Safe and Secure Innovation for Frontier Artificial Intelligence Models Act
CRA Position: Oppose
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Regulatory & Other Related Updates | | |
Privacy Updates
CPPA Issues Enforcement Advisory on the Use of "Dark Patterns" to Obtain Consent from Consumers
The California Privacy Protection Agency (CPPA) announced that it issued an Enforcement Advisory providing guidance on how to avoid using prohibited "Dark Patterns" to obtain consent from consumers. Businesses subject to the CCPA routinely request consent from consumers related to their personal information and in handling consumer requests to exercise their statutory rights regarding their personal information. The CPPA's advisory is a strong signal that the time for businesses to identify and remove Dark Patterns in these processes is now—before the CPPA commences enforcement—by reviewing user interfaces to ensure the language and interface design offering consumers privacy choices is clear and symmetrical. Read more.
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California Community Pharmacy Coalition Updates | | |
Legislative Updates
An update on the Governor's actions on bills is provided above in the first article of this newsletter.
Board of Pharmacy Updates
Quality Assurance Program Regulation
The Board of Pharmacy (BoP) is proposing a regulation related to quality assurance (QA) programs. Specifically, the regulation would require QA programs to capture the approximate date of a medication error, the staff involved, any use of automation, the type of error and workload volume. It would also require thorough review and documentation to prevent future errors. The Board’s rationale for this proposal is to "ensure a more robust review of the circumstances surrounding each error and identification of possible contributing factors, including workload, to help prevent future medication errors.” The CRA team sent in a letter with comments to the BoP in response to this regulatory proposal. View the letter here and here is the notice of proposed action, regulation text, and initial statement of reasons. Click here to view all documents associated with this proposed regulatory action and other pending regulations. Thank you to the CCPC members for providing for our comments letter.
Notice of Proposed Action - Independent HIV Preexposure Prophylaxis Furnishing - Permanent
The BoP released a Notice of Proposed Action to amend Section 1747, of Article 5 of Title 16, Division 17, of the California Code of Regulations related to the Independent HIV Preexposure Prophylaxis Furnishing - Permanent. The BoP will accept comments to the proposed text through Monday, November 4, 2024.
Contact Person: Lori Martinez
Agency Name: California State Board of Pharmacy
Address: 2720 Gateway Oaks Dr., Ste 100, Sacramento, CA 95833
Email: PharmacyRulemaking@dca.ca.gov
Fax: (916) 574-8618
Any comments directly concerning the proposed text will be considered by the Board and responded to in the Final Statement of Reasons. Click here to view all documents associated with this proposed regulatory action and other pending regulations.
BoP Issues Waiver in response to Public Health Emergency Declaration
In light of Governor Gavin Newsom’s declaration of emergency in San Bernardino County and consistent with Business and Professions Code (BPC) section 4062, and in response to a request for such action, the Board president through delegated authority has issued the following waiver for BPC 4071.1(a) Remote Processing, to pharmacies located in impact areas. Read the waiver here.
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CRA recently held our Annual Membership Meeting in California's beautiful Napa Valley. CRA's Annual Meeting is a pivotal event that brings together retail industry leaders, innovators and advocates from across the country to discuss the future of retail in California. This year's meeting included the second annual CA Retail Law Summit, which is co-hosted by CRA's national partner the National Retail Federation (NRF). The Law Summit showcased insightful presentations, engaging panel discussions and networking opportunities for the legal community that fostered collaboration among members. Get the full recap exclusive to our members here.
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Other Outreach and Activities | | |
CRA President and CEO Rachel Michelin Moderates Panel on Retail Theft at BizFed's Business and Resiliency Forum
CRA President and CEO Rachel Michelin joined business and civic leaders for BizFed Institute's Business Resiliency Forum. Michelin moderated a panel on Retail Theft, which included Chair of the Assembly Select Committee on Retail Theft Assemblymember Rick Chavez Zbur and Los Angeles City Attorney Hydee Feldstein.
The panel provided a recap of the bipartisan package of retail theft bills, which were passed by the state legislature and signed into law by the Governor. The new laws will provide new tools for prosecutors and business owners that will allow for aggregation of separate theft offenses, injunctions against repeat offenders and more effective collaboration across jurisdictions.
Assemblymember Zbur explained how advocates were able to pass the most significant legislative package of retail theft solutions in California history and said "Rachel is so successful because she's trusted. We were sometimes on the phone every day. She was honest and authentic about what could and couldn't be done."
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Following the signing of the final bill in the bipartisan package of retail theft legislation, Governor Newsom issued a press release, which you can read here. Read the news mentions of the bill signing, which completed the retail theft legislative package, here and a special mention from Assemblymember Zbur here. | |
Calling All CRA Members:
Committees, Working Groups, List Serves and 2025 Issues Review
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It's that time of year again - the end of the 2023-2024 legislative session and preparation for the 2025-2026 session. As such, we are updating CRA’s committees, working groups and listservs and collecting feedback on issues our members are concerned about and want our team to focus on in 2025.
Those of you who have signed up for existing committees, working groups and listservs in the past, we will follow up under a separate email to confirm your participation for 2025. Participating in these groups provides an opportunity for members to stay connected to Cal Retailers advocacy efforts by receiving updates on key legislation, regulations and other actions important to the retail industry in California. We encourage your subject matter experts and others to join committees, listservs or work groups in line with their expertise.
Please do not hesitate to share the email below with other members within your organization.
Please respond by Monday, December 2
The following are CRA’s committees, working groups and listservs for 2025. Highlighted in RED are those options that we will have a new or renewed emphasis on in 2025 with anticipated legislation and/or regulation, meaning we are in specific need for subject matter experts' active participation next year.
- Alcoholic Beverage
- Cal/OSHA
- Cannabis
- Environmental Responsibility (including EPR; SB 54/Packaging)
- Energy & Transportation (includes warehouse/distribution center related issues)
- Food & Grocery
- Healthcare
- Homelessness
- Labor/Wage Issues
- Legislative Committee (*one representative per member)
- Local Government Affairs (focus San Francisco/Los Angeles)
- Online Marketplace
- Pharmacy
- Privacy/Artificial Intelligence
- Prop. 65/Green Chemistry
- Retail Theft/ORC
- Supply Chain/Goods Movement
- Tax Issues
- Workforce Development
If you have any questions or need additional information please reach out to Ryan at ryan@calretailers.com or Sarah at sarah@calretailers.com.
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