CRA Member Newsletter

https://calretailers.com/wp-content/uploads/2019/06/png2.png

November 11, 2025 | CRA Member Newsletter Updates:

California Retail Law Summit Recap, New CRA Coalitions, Legislative and Regulatory Updates (includes local and federal) and other Association Outreach and Activities

Message from the President

Members,

 

California Retail Law Summit Recap


SB 707 PRO application launch and request for letters of support. Read more about the official launch below and please consider supporting our application. by submitting a letter of support for our application to CalRecycle to serve as the PRO. Click HERE to submit your letter of support.


The voluntary SB 54 reporting deadline is Saturday, November 15, 2025. Set by the Circular Action Alliance (CAA), California’s Producer Responsibility Organization, this deadline helps CAA develop its program plan and baseline goals. No mandatory fees are associated with this submission, as fee calculations will begin with mandatory 2025 data reporting due May 31, 2026, with payments starting in 2027. Producers are invited to voluntarily submit their 2023 supply data by November 15. To stay current on compliance for this expansive EPR program, members should visit CAA’s webinar archives for recordings and upcoming sessions. Additional details are provided below.


In case you missed it - The California Retailers for Environmental Innovation coalition, launched by the California Retailers Association, offers a powerful platform for businesses to help shape California’s environmental policies while ensuring practical, business-savvy solutions. Included in a CRA membership, the coalition can influence key regulations - packaging, compostables, textiles, batteries, etc., gain direct access to policymakers and regulators, and collaborate on real-world sustainability initiatives. If you are interested in joining, please let the CRA know and we will add you to the list!


SNAP and WIC updates. The CRA Team has been actively following and engaging on the latest developments surrounding the Supplemental Nutrition Assistance and Women, Infants and Children Programs as the federal government shutdown, which has hit a record as the longest shutdown in US history, continues. We have been sending out the latest updates to our members and meeting with the Governor's office and other policy leaders. Keep reading for more information on this fast-evolving situation.


CRA recently announced the launch of The California Retail Grocery Coalition. This new initiative broadens CRA's advocacy by bringing together grocery leaders from across the state to ensure retailers have a powerful, united voice in shaping the policies and regulations that impact everyday business. Coalition members gain early access to legislative updates, expert guidance on complex rules, and direct advocacy with lawmakers - helping them stay ahead of grocery industry challenges like pricing, retail theft, and new environmental standards. Please reach out to CRA if you would like to be added to the coalition!


Looking ahead to 2026, we will have to contend with a potentially outsized influence from labor groups following the passage of Proposition 50, California Governor Gavin Newsom's redistricting measure. Organized labor was the financial muscle of the Yes on Prop 50 campaign. Major unions representing teachers, nurses and carpenters, among others, wrote seven-figure checks in support of the effort. This financial support for a flagship issue championed by the Governor, which has supported his efforts for a 2028 Presidential run, will no doubt be a bargaining chip for labor groups as they look to push a number of bills through the final year of the 2025-2026 legislative session. This means it will be more important than ever to tell the retail story on issues such as Artificial Intelligence, of which the CRA Team has formed a working group, which we launched during our Summit in Napa last month. Keep reading to learn more and signup to participate in our AI working group.


On the privacy front, the California Consumer Privacy and Protection (CPPA) Agency's regulations package for the Delete Request and Opt-out Platform (DROP) was approved by California's Office of Administrative Law and will officially take effect on January 1, 2026. Our team submitted comments and testified in front of the CPPA regarding our concerns with the current presentation of information on the DROP webpage. Keep reading for more information on the new DROP requirement and our comments to the CPPA.


We anticipate the regulatory side of privacy and AI issues in California to be active in 2026 as AG Bonta and the Department of Justice appear to be staffing up on the AI enforcement side. Details are included in our legislative section of this newsletter.


As we gear up for 2026, please do not hesitate to reach out me or anyone on the CRA team if you have questions or if we can be helpful as you navigate the complexities of doing business in California.


On behalf of the CRA team - we wish you all a happy and healthy Thanksgiving!


Rachel

In This Newsletter Issue:

  • California Retail Law Summit Recap
  • New CRA Coalitions Launch
  • Legislative Updates
  • Regulatory Updates
  • Federal and Local Updates
  • Outreach and Other Activities

CRA and NRF Retail Summit Recap

The California Retailers Association and National Retail Federation hosted our third annual California Retail Law Summit on October 26-28 at the Meritage Resort & Spa in Napa Valley. Aptly named the 2025 Retail Law & Policy Uncorked: The California Summit, Where California Sets the Standard—Navigating Retail’s Legal, Regulatory and Policy Frontiers Nationwide, this event was our first Summit that intersected legal, regulatory and legislative issues and priorities for the retail industry.


The premier three-day event set in the scenic Napa Valley, brought together national retailers, policy makers, regulators and legal experts in addressing the most pressing legislative, legal and regulatory issues impacting the retail industry in California and beyond.


Featured speakers included:

  • The Honorable Rob Bonta, California Attorney General (video message)
  • Director Zoe Heller, CalRecycle 
  • Executive Director Tom Kemp, California Consumer Privacy Protection Agency 
  • Assistant Majority Leader Diane Papan, Member of the Assembly Environmental Safety & Toxic Materials and Judiciary Committees 
  • Vice-Chair Roger Niello, Senate Judiciary Committee 
  • Assemblymember Chris Ward, Member of the Assembly Privacy Committee and Author of AB 446 Pricing Surveillance; Two-Year Bill
  • Chairman José Luis Solache, Jr., Assembly Committee on Economic Development, Growth, and Housing Impact
  • Assemblymember Rick Zbur, Assembly Caucas Chair; Member of the Assembly Natural Resources Committee 
  • Assemblymember Tina McKinnor, Member, Assembly Environmental Safety & Toxic Materials 
  • Assemblymember Josh Hoover, Member of the Assembly Natural Resources Committee 
  • Assemblywoman Ali Macedo, Member of the Assembly Judiciary Committee 
  • Assemblymember David Tangipa, Member of the Assembly Higher Education Commitee 
  • Doug Kobold, Executive Director, California Product Stewardship Council (SB 707 sponsor) 
  • And Legal Professionals from throughout the country


The event included a memorable welcome dinner with California's policymakers in the resort’s wine cave and engaging panels on environmental compliance, consumer protection, privacy, and AI. Attendees gained valuable insights into California’s evolving legal landscape. The summit fostered open dialogue and provided practical guidance for navigating complex regulations and legal challenges.


This was a uniquely intimate setting where attendees had rare, direct access to California's decision-makers. We’re grateful to everyone who joined us. To explore more highlights and resources from the summit, click on the link below.

What People Are Saying About the Summit


"The California Retailers Association Legal and Legislative Summit exceeded expectations! Thanks to the entire team at California Retailers Association and National Retail Federation for hosting a lively and exciting policy forum. We look forward to continuing our partnership in 2026 and beyond."


"Kudos to Rachel Michelin and her team at CRA for putting together an incredible line-up of expert speakers, legislators and policymakers."


"Thank you to the California Retailers Association and the National Retail Federation for having me on their California's Workforce Mandates panel. It was a pleasure speaking with Assemblymember José Luis Solache, Jr., Assemblywoman Ali Macedo, and Assemblymember David Tangipa."

New CRA Coalitions Launch

Environmental Innovation and Grocery

California Retailers for Environmental Innovation Coalition

We are excited to have officially launched our California Retailers for Environmental Innovation coalition. The coalition was launched during the California Retail Law Summit and is a transformative coalition dedicated to advancing sustainability and environmental leadership within the state's retail sector.


The coalition brings together retailers, service providers, local governments and industry partners to shape California’s complex environmental policy landscape through collaborative and practical solutions. This strategic coalition leverages collective expertise and advocacy to address issues ranging from sustainable packaging and textile recovery to e-waste management and extended producer responsibility (EPR) programs, always with consumer affordability at the forefront.


All current CRA members can participate in the coalition but need to register their interest. Learn more HERE and click HERE to be added to our coalition activities.


California Retail Grocery Coalition

CRA also launched our California Retail Grocery Coalition formed to assist members on regulatory and legislative advocacy issues such as SNAP and WIC funding (keep scrolling for more information on those programs). The Coalition represents a transformative opportunity for grocery retailers across the state to unite in addressing the industry’s most pressing challenges while maximizing their influence on policy and regulatory outcomes. To learn more about the coalition and join, click HERE.

Legislative Updates

PRIVACY AND AI



Artificial intelligence and automated decision-making systems are rapidly becoming part of how businesses operate in California. Throughout this year’s legislative efforts, AI was a focal point of discussion. At the same time, many key bills were made into two-year measures including AB 446AB 1331SB 295SB 384SB 420 and others. These bills, along with new ones that may emerge, will shape how the retail industry adapts in the coming years, making it essential that CRA members stay engaged (especially with labor's likely outsized influence in 2026 as mentioned above in our CEO's message).


CPPA Legislative Priorities

Additionally, the California Privacy Protection Agency (CPPA) held a public meeting on November 7, 2025, to discuss their legislative priorities for 2026. The board approved a motion for staff to pursue three potential bill ideas for the agency to sponsor or support in 2026:


1.) Establish Comprehensive Whistleblower Protections in the CCPA

This bill would include:

  • Award program to incentivize whistleblowers 
  • Special designation program that enables the CPPA Enforcement Division to collaborate with whistleblower attorneys on certain cases & allows whistleblower to share a portion of an administrative award 
  • Anti-retaliation provisions to protect whistleblowers 


Staff noted that they are looking at the provisions of the recently passed SB 53. They noted that SB 53 focuses on anti-retaliation and internal reporting, while this proposal would go further by providing incentives for whistleblowers to come forward by sharing in proceeds of administrative awards.


2.) Extend the Right to Delete to All Personal Information Collected About a Consumer 

Staff noted "that currently, the CCPA only requires a business to delete personal information that's collected from the consumer, which means that it does not have to delete personal information collected from a third party...Most other states with comprehensive privacy laws apply the right to deletion to all information collected from a consumer."


3.) Require Alternative Methods for Submitting Consumer Privacy Requests

Staff noted that "currently, online-only businesses that have a direct relationship with a consumer are only required to provide an email address for collecting access, deletion, and correction requests. So, we think just this email only creates a barrier because it gives consumers little support or guidance. We think that alternatives like web forms would be more consumer friendly, would take less time for consumers, because they would have more information about what to input, and there would be less chance that [consumers] would have to follow up."


During public comment Consumer Reports and the Electronic Privacy Information Center (EPIC) said they supported the bill concepts. TechNet urged caution on moving forward with additional regulations and burdens on business, asking that implementation of SB 53 and other laws play out first.


CRA AI Working Group

To ensure we are prepared for 2026, CRA has formed a dedicated workgroup focused on AI and automated decision-making systems. This group will strengthen our advocacy and policy efforts in the 2026 legislative session.


To help shape this workgroup to best meet your needs, we invite you to complete a brief survey. Your input will guide the structure, focus areas, and priorities of this important initiative. Click HERE to participate.


AG Bonta to Hire AI "Expert"

In an interview with Politico, California Attorney General Rob Bonta said he is working to hire “someone with very high levels of training and understanding,” who will “really help us understand the nuances of AI in ways beyond what we already know.” The CA Department of Justice confirmed they are in the process of hiring "investigative technologists" generally.

TechEquity restructures to advance people-first AI in California

Nonprofit TechEquity has announced a restructuring of their leadership. The group has been the sponsor of many of the high-profile bills seeking to regulate AI in recent years and we expect them to continue that position. Samantha Gordon, previously TechEquity’s Chief Program Officer, will now serve as the organization’s Chief Advocacy Officer.  


Jonathan Mehta Stein is joining TechEquity as Chief Program Officer. He will oversee the organization’s Labor, AI, and Data & Tech Programs, shaping strategy across TechEquity’s programmatic work. Stein previously founded the California Initiative for Technology and Democracy (CITED), which advocates for solutions to the threats AI and social media pose to elections and democratic institutions.


LABOR


SB 399 (Wahab)- Preliminary Injunction Granted

We are happy to report that a federal district court granted a preliminary injunction against SB 399 (Wahab). There are several pending lawsuits in other states on similar legislation and California's is the first where there has been a decision on the merits. The court ruled that the law is both preempted under the National Labor Relations Act (NLRA) and is in violation of the First Amendment. View the decision HERE. The state may appeal, so we will keep you posted.

Regulatory Updates

CalRecycle Updates


TEXTILES


SB 707 - Textiles EPR



CRA, in partnership with the National Retail Federation (NRF) and American Apparel & Footwear Association (AAFA) officially launched the Textile Renewal Alliance, which represents our joint efforts to apply to be the Producer Responsibility Organization for the implementation of SB 707, California (and the nation's) first textiles Extended Producer Responsibility (EPR) Program.


The Alliance is a 501(c)(3) formed to support all producers in meeting their obligations under SB 707 (Newman - 2024), which requires producers and importers of textiles to take responsibility for the end-of-life management of apparel and textile articles by joining and funding a PRO that will implement programs to ensure covered products are collected, repaired, reused, and recycled after use. 


“We are honored to support California’s ambitious climate goals through the first-in-thenation textile EPR program and by providing a strong foundation for a PRO that will help all producers meet their obligations under SB 707,” said Rachel Michelin, President, California Retailers Association. “We encourage organizations involved in collecting, sorting, reuse, repair, recycling, or management of textiles in California to apply for the California Implementation Working Group to advance our shared success.” 


Read the press release HERE.


View the Alliance website HERE.


Highlights of news coverage are linked below.


Recycling Today

waste today

Waste Advantage Magazine

Textile World

The National Law Review

Hunton Andrews Kurth LLP

yahoo! news

Just Style

InsideDenim

Textiles Recycling Expo USA

Pure Strategies, Inc.


We Need Your Support

To help put our SB 707 PRO application over the top we need to show strong support from producers. As such, we are asking our member companies that fall under this law (which most of you do) to submit a letter of support for our application to CalRecycle to serve as the PRO.


To make this process as easy as possible, we’ve drafted a letter of support that can quickly and easily be signed via DocuSign.


Click HERE to access and submit the letter. 


PACKAGING


CalRecycle’s SB 54 MCS Preliminary Findings Oct. 28, 2025, Meeting Slides Now Available and Accepting Public Comments


CalRecycle hosted a public meeting on Oct. 28, 2025, regarding the SB 54 Material Characterization Study Revised Preliminary Report Findings. The session covered the relevant statutory provisions, study methodology, and revised preliminary findings. Access the meeting slides and get more information HERE.


CalRecycle is accepting public comments on the SB 54 Material Characterization Study Revised Preliminary Findings Report through Wednesday November 12, 2025, for consideration in the finalization of the report. 


All written feedback and questions, comments and concerns can be submitted to wastechar@calrecycle.ca.gov with the subject line: SB 54 Revised Preliminary Findings. Preferred formats include e-mail or PDF.


Circular Action Alliance Webinars for Producers


The CRA Team continues to receive many questions on various aspects of the proposed SB 54 regulations, and the majority of these questions pertain to Circular Action Alliance (CAA), the Producer Responsibility Organization (PRO) tasked with implementing California's Packaging Extended Producer Responsibility (EPR) Program.


We understand how complex this regulation is and as a member of the Advisory Board for both CalRecycle and CAA, CRA's President and CEO Rachel Michelin is communicating our members' concerns and questions on the myriad of calls and meetings she participates in. The CRA Team has also submitted numerous comment letters to CalRecycle on the proposed regulations. For access to all letters and regulatory updates our team has put out on SB 54, please visit the CRA SB 54 landing page we created, accessible to current members only.


In addition to CRA's landing page, CAA has a web page that contains all upcoming and previous webinars the PRO has held for SB 54 producers and the regulated community. These webinars can also help answer many of your questions. 


Access the CAA Producer Webinars HERE.


CRA Resources for Members


The CRA Team has retained Former CalRecycle Director Rachel Wagoner who also previously served as CAA's California Executive Director. Wagoner has decades of experience on EPR and we can facilitate calls with her to answer your questions and utilize her knowledge as a resource.


In addition to Wagoner's hiring, CRA has launched our California Retailers for Environmental Innovation coalition, which will include working on future legislative fixes to California's EPR and product stewardship programs including SB 54 with the overall goal of ensuring these programs work for consumers, business and the environment. All current members of CRA have access to this coalition, but we require members to sign up and register their interest in being part of the coalition's activities and efforts.


Learn more and join CRA's environmental coalition HERE.


BATTERIES AND ELECTRONICS


CalRecycle Establishes Covered Battery-Embedded Waste Recycling Fee


CalRecycle established the Covered Battery-Embedded Waste Recycling Fee pursuant to the Electronic Waste Recycling Act of 2003 (Public Resources Code Section 42460, et seq.).


In 2022, SB 1215 (Newman, Chapter 370, Statutes of 2022) amended and expanded the scope of the Act by adding covered battery-embedded products to the types of covered electronic devices eligible for recovery and recycling payments in California’s Covered Electronic Waste Recycling Program.


SB 1215 requires that, on and after January 1, 2026, the covered battery-embedded waste recycling fee must be charged at the point of retail purchase of a new or refurbished CBEP.


On or after January 1, 2026, the Covered Battery-Embedded Waste Recycling Fee is 1.5 percent of the retail sales price for each covered battery-embedded product sold for use in this state by a retailer.


The covered battery-embedded waste recycling fee shall not exceed $15.00. “Retail sales price” shall have the same meaning as “sales price” set forth in Section 6011 of the Revenue and Taxation Code. 


Get more information HERE.


Notice of Covered Electronic Waste Recycling Fee for Video Display Devices Emergency Regulations Final OAL Approval


The Office of Administrative Law (OAL) approved the Covered Electronic Waste (CEW) Recycling Fee for Video Display Devices emergency regulations. Pursuant to Public Resources Code (PRC) Section 42464(g), no more frequently than annually, and no less frequently than biennially,


CalRecycle, in collaboration with the Department of Toxic Substances Control (DTSC), shall review the CEW recycling fee for video display devices to ensure that there are sufficient revenues in the Electronic Waste Recovery and Recycling Account to fund the operation and administration of the CEW Recycling Program.  


Get more information HERE.


BEVERAGE CONTAINERS


Circular CRV Association Submits Stewardship Plan Change


On November 1, 2025, CalRecycle received notice from Circular CRV Association of changes to its Dealer Cooperative Stewardship Plan. The plan changes include updates to dealer members and redemption contractors. These changes do not require CalRecycle approval.


Click HERE to view the Dealer Cooperative Stewardship Plan


Click HERE to view the Plan Change Notification letter.


Notice of Processing Payment Emergency Regulations


CalRecycle proposes to adopt emergency regulations to amend California Code of Regulations (CCR), commencing with Section 2975, Subchapter 12, Chapter 5, Division 2 of Title 14 that lays out the reasonable financial return calculation for processing payments.


This change will help support beverage container recycling in California by establishing, for calendar year 2026, a reasonable financial return of ten percent when calculating processing payments instead of the Dun and Bradstreet index, as stated in the current regulations printed in section 2975, because the index has been discontinued. This will ensure stability in the processing payments to recyclers balancing processing fee costs to beverage manufacturers and state funds.   


Get more information HERE.


Reusable Beverage Containers Infrastructure Grant Program (RBI2) FY 2022-23 - Application Open


CalRecycle offers the Reusable Beverage Containers Infrastructure Grant Program pursuant to Assembly Bill (AB) 179 (Chapter 249, Ting, Budget Act of 2022). The purpose of the grant is to provide infrastructure and start-up costs for establishing a Bottle Washer Processor for glass reusable containers in the Beverage Container Recycling Program pursuant to Section 14539 of the Public Resources Code.


CalRecycle anticipates announcing grant awards during CalRecycle's February 2026 Public Meeting. Get more information HERE.


MATTRESSES


CalRecycle’s Director Approved MRC’s 2024 Annual Report and 2026 Program Budget


CalRecycle’s director approved Mattress Recycling Council’s 2024 Annual Report and 2026 Program Budget. The signed Requests for Action are located in the documents section of the public notice available HERE.


PAINT


Director’s Decision on PaintCare’s 2024 Annual Report


CalRecycle's director found PaintCare's 2024 Annual Report compliant on October 30, 2025. The signed Request for Action is located in the documents section of the public notice available HERE.


MEDS / SHARPS


Notification of Proposed Changes to The Drug Takeback Solutions Foundation’s Stewardship Plan for Covered Drugs


The Drug Takeback Solutions Foundation notified CalRecycle of proposed changes to its stewardship plan for covered drugs regarding reasonable geographic spread of authorized collections sites and supplemental mail-back

service. 


CalRecycle is reviewing the proposal as a significant change, pursuant to

Public Resources Code section 42032(e) and Title 14 of the California Code of

Regulations section 18973.1(i). 

 

View the proposed changes in the public notice HERE.


Notification of CalRecycle’s Determinations for MED-Project’s Revised 2024 Annual Reports for Covered Drugs and Home-Generated Sharps Waste


On October 16, 2025, CalRecycle’s director approved MED-Project’s revised 2024 annual reports for covered drugs and home-generated sharps waste. 

 

Read about the decisions made in the Requests for Action linked in the Drugs Public Notice HERE and Sharps Public Notice HERE.


OTHER UPDATES


2026 Recycling Program Rates


In accordance with California Code of Regulations 2900, CalRecycle announced changes to recycling program rates, including refund value per segregated pound, refund value per commingled pound, and containers per segregated pound for each type of recycling program.


Access the 2026 Rates Notice HERE


Access the 2026 Program Rates HERE

CDTFA Updates


Hazardous Waste Tax Law Regulations



The California Department of Tax and Fee Administration (CDTFA) proposes amendments to Regulation 3000, Generator of Hazardous Waste, to clarify that the regulation applies to the administration of the generator fee imposed pursuant to former Health and Safety Code (HSC) section 25205.5 prior to its repeal operative January 1, 2022, and amendments to Regulation 3021, Relief from Liability, to clarify that Regulation 3021 applies to the generation and handling fee imposed by current HSC section 25205.5.


CDTFA also proposes to adopt Regulation 3001, Generation and Handling of Hazardous Waste Fee Operative on and after January 1, 2022, to clarify the payment and return filing requirements for the generation and handling fee imposed by current HSC section 25205.5 and provide notice regarding new penalty and interest provisions that apply to the generation and handling fee.


Click HERE To view the notice, initial statement of reasons, and proposed text.

Privacy Updates


DROP Regulations Package Approved


The Office of Administrative Law approved the California Consumer Privacy and Protection (CPPA) Agency's regulations package for the Delete Request and Opt-out Platform (DROP) and filed the package with the Secretary of State, meaning they will officially take effect on January 1, 2026.


Starting January 1 through 31 data brokers will have to register through the DROP system (rather than the Microsoft office form previously used).


CPPA staff said during a public meeting held on November 7, 2025, that they expect a sandbox environment of the DROP system, with API engagement, to be available for data brokers in Spring 2026.


While August 1, 2026, will be the first date that data brokers must download, process, and report status of deletion requests once every 45-days, CPPA staff expressed hope that some data brokers would voluntarily process delete requests sooner.


During the Nov. 7 meeting, CPPA board member Liebert questioned how CPPA will know if data brokers are telling the truth about what data identifiers they have on consumers. Staff pointed to the requirement for independent auditing of data brokers in future years.


CRA's Jacob Brint submitted public comment and testified on this issue outlining our concerns to the CPPA regarding the current presentation of information on the DROP webpage. While CRA appreciates the Agency’s efforts to empower consumers through transparency and privacy tools, we believe the FAQ-style section titled “Why submit a DROP request?” (available at https://privacy.ca.gov/drop/) presents a one-sided view of data deletion.


The current language emphasizes consumer control without acknowledging that deletion of certain data may impact access to personalized services, product availability, or customer experience. The statute requires disclosure, but it was intended to be balanced—informing consumers not only of their rights but also of the potential trade-offs.


CRA urged the CPPA to revise this section to reflect a more neutral tone and include context about how data supports service delivery.


CPPA Nov 7 Public Meeting Recap


The California Privacy Protection Agency (CPPA) held a public meeting on November 7, 2025, to discuss their regulatory goals for 2026 and CPPA staff identified four possible Rulemaking Areas for 2026 that could be priorities for rulemaking in the near term:


1.) Employee Data

Is there a need for clarification on how the CCPA applies to employees, business practices, and the management of employee data?


Can regulations assist or clarify for businesses how to provide necessary disclosures to employees and how to process employee data requests or employee CCPA requests?


2.) Disclosures and Notices

How can we make notices more effective?


What are consumers most interested in knowing?


Where do businesses need help in making disclosures?


What do consumers find confusing about notices?


Would an executive summary assist consumers? Would a model or template be helpful?


3.) Reducing Friction in the Exercise of Privacy Rights


CPPA has received feedback about difficulty exercising CCPA rights. Staff recommends exploring whether there is a need for regulations to address things like dark patterns or hurdles consumers face in the exercise of their CCPA rights. This may include a review of identity verification and authorization procedures and investigation whether businesses are deliberately hiding or making it difficult to find opt out pages.


4.) Opt-Out Preference Signals

Staff recommends the board direct staff to review OOPS regulations to see if any changes or clarifications need to be made considering the changing legal landscape.


Staff recommends the board review regulations to see if there is a need to further harmonize signal requirements to provide guidance on how different signals should be processed.


Staff propose exploring signals that would exercise the consumers right to limit the use and disclosure of sensitive personal information.


Board Member Liebert emphasized that the disclosures and notices topic is a “critically important issue.”


Board Member Mactaggart stated that the employee data conversation is top of mind for the legislature and expressed that the board should defer to the legislature, letting them legislate employee-employer relations. He advised that the CPPA “stay in their lane.”


Chair Urban partially agreed with Mactaggart, characterizing her stance on the issue as a “softer” one – she expressed that humility is a good posture with which to start regarding employee data. She stated that it is clear to her that not only does their law cover employee data, but it is also profoundly important for the privacy of Californians for CPPA to explore the issue carefully, given that it is under their jurisdiction. She also stated the importance of working in tandem with the legislature, the governor’s office, and the Labor Department. 


No motion was voted on by the Board, but staff will continue pre-rulemaking activities including research and engagement with stakeholders.


DROP System


The Office of Administrative Law approved the DROP regulations package and filed them with the Secretary of State, meaning they will officially take effect on January 1, 2026. Starting January 1 through 31 data brokers will have to register through the DROP system (rather than the Microsoft office form previously used).


Staff said they expect a sandbox environment of the DROP system, with API engagement, to be available for data brokers in Spring 2026.


While August 1, 2026, will be the first date that data brokers must download, process, and report status of deletion requests once every 45-days, staff expressed hope that some data brokers would voluntarily process delete requests sooner.


Board member Liebert questioned how we will know if data brokers are telling the truth about what data identifiers they have on consumers. Staff pointed to the requirement for independent auditing of data brokers in future years.


Cal/OSHA Updates


Workplace Violence


The California Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, is holding their final advisory committee this Wednesday, November 12, 2025, on potential revisions to California's already-in-place workplace violence (WPV) standard, and it is the last chance to push for real substantive change before the draft enters formal rulemaking. Get the meeting time, access information and agenda HERE.


The advisory committee will discuss the draft for title 8 section 3343, workplace violence prevention (WPV) in general industry, posted on May 13, 2025.


Click HERE to view a draft coalition letter CRA has signed onto.


This rulemaking is proceeding to revise the existing WPV standard, which was put into place statutorily by legislation (SB 553 – Cortese – 2023). This revision is supposed to move to formal rulemaking in December of 2025, meaning that this advisory committee may be our last big chance to make substantive suggestions on this regulation. Once it enters formal rulemaking, the Cal/OSHA Board usually will not change text, and it will pass within 12 months. 


The May 13 draft is available HERE.


If you have any questions, please contact Ryan (Ryan@calretailers.com).

CARB Updates


CA Climate Disclosure Laws


The CRA Team submitted another round of comments in response to the California Air Resources Board (CARB) request for feedback on California's Corporate Climate Reporting laws (Senate Bills SB 253 (Wiener, Statutes of 2023) and SB 261 (Stern, Statutes of 2023), both as amended by SB 219 (Wiener, Statutes of 2024). View CRA's letter HERE.


CRA's latest comment submission included responses to CARB's request for feedback on their draft reporting template for Scope 1 and Scope 2 GHG emissions via CARB's online public docket, pursuant to the Agency's official Notice.


CARB has pushed the entire SB 253 and SB 261 fee rule and deadline for rulemaking out to sometime in the first quarter of 2026. The fee rule will have the initial Scope 1 and 2 deadlines in it, likely June 30th, 2026. That'll go to the CARB Board after it comes out in what we think will be February of 2026.


A more detailed rulemaking will follow, including fleshing out Scope 3, of which the timing for that is to be determined. CARB's enforcement notices and FAQs can help answer some questions on what level of reporting is going to be expected this first year. CARB is looking for "good faith efforts" and has said they will not be penalizing companies in the first year of compliance.


CRA Gives Retailers Across Nation Update on California's Climate Disclosure Laws


CRA Team's Sarah Pollo Moo was a featured speaker during the Retail Industry Leaders Association's (RILA) California Climate Disclosure Updates and Benchmarking Webinar, which included discussion and insights into California’s climate disclosure laws implementation status and timeframes for compliance. Pollo Moo was joined by ESG Reporting and EY leaders.


CRA provided an update on ongoing litigation challenging the California disclosure laws, the current political landscape and shared CRA's process for developing disclosure regulatory comments for submission to CARB and opportunities for retailers to provide feedback to shape their comments.


EY provided a deep dive into SB 261 climate risk (minimum disclosure requirements and leading practices to conduct a climate risk assessment), SB 253 GHG Scope 1 and 2 and frequently asked questions on how to conduct limited assurance and what to expect.


CRA members can access the webinar resources and additional materials below.



Clean Trucks


U.S. District Judge Dena Coggins issued a preliminary injunction barring California from enforcing the terms of its Clean Truck Partnership.


Daimler Truck North America (DTNA), PACCAR, International Motors, and Volvo Group North America (VGNA) sought an injunction in a lawsuit filed in August, arguing that when President Donald Trump in June walked back Biden-era Environmental Protection Agency waivers relating to California's Advanced Clean Trucks (ACT) regulations and its Omnibus Low NOx (Omnibus) rule, it also voided the CTP. Read more.

Regulatory Appointments


CARB

Emily Wimberger, of Sacramento, has been appointed Chief of Staff and Policy Advisor to the Chair at the California Air Resources Board. Wimberger has been Managing Partner at Hua Nani Partners since 2023. She was a Climate Economist at Rhodium Group from 2019 to 2023. She held multiple roles at the California Air Resource Board from 2013 to 2019....Read more.


Cal/EPA

Maurice Lyles, of La Mesa, has been appointed Deputy Secretary of Intergovernmental Relations at the California Environmental Protection Agency. Lyles has been Southern California Regional Director at the Office of Governor Gavin Newsom since 2024, where he was Regional Director of Greater San Diego and Orange Counties from 2019 to 2024. Read more.

CA Board of Pharmacy Updates


CAMER Reminder


Business and Professions Code (BPC) section 4113.1 establishes requirements for a community pharmacy to report medication errors known as CAMER to an entity approved by the Board. The statute requiring medication error reporting by community pharmacies can be viewed at BPC section 4113.1.


The Board approved the Institute for Safe Medication Practices (ISMP), an ECRI Company, as the entity to receive and review medication error reports under BPC section 4113.1. Information regarding CAMER registration can be found at HERE


The Board reminds community pharmacy licensees that medication errors that occur on or after September 1, 2025, must be reported to the CAMER system consistent with legal requirements established. 


Notice of Third Modified Text - Discontinuance of Business


The Board of Pharmacy has proposed modifications to Title 16 CCR § 1708.2, related to the Discontinuance of Business. Get more information including comment submission instructions HERE.


90-Day Countdown: Upcoming Changes to Medi-Cal Rx



The 90-Day Countdown: Upcoming Changes to Medi-Cal Rx alert has been published. View the alert HERE.


DTSC Updates


Microplastics

The Ocean Protection Council (OPC) is holding a Microplastics workshop on November 25 regarding five research projects they've funded related to Microplastics. 


Three of the projects focus on understanding the sources of aquatic Microplastic contamination, while two focus on an approach to stormwater treatment known as “low-impact development best management practices” (LID BMPs) — infrastructures like rain gardens and permeable pavements that can be built throughout an urban area to absorb and filter stormwater runoff. Information on speakers and how to register can be found HERE.


Additionally, the Department of Toxic Substances Control (DTSC) held a Green Ribbon Science Panel meeting specifically on Microplastics and highlighted their work on screening consumer products that may contain or generate microplastics, indicating they plan to release their background document soon, and will hold a public workshop in December with a public comment period expected to close in early 2026. 


Changing Toxic Waste Rules

DTSC is proposing to lift reporting requirements for tracking toxic waste. To track hazardous waste in California, businesses must make detailed reports that include what toxic materials are in what containers, where the waste is coming from and where it’s heading. These reports both help generators of waste prove they’re following regulations and aid emergency responders in case there’s an accident during transport.


DTSC is considering relaxing some of these tracking rules when companies are transporting waste within their own properties and along some public roads. Read more.


CERS NextGen Hazardous Waste Reporting System

The company DTSC hired to build out and host the CERS NextGen system held a townhall and answered questions from the regulated community. Cal/EPA and DTSC also had representatives on to help answer questions. A copy of the PowerPoint presentation from the townhall is available HERE.


CRA gave public comment during the townhall:

"The California Retailers Association is concerned that there is not a focus on broader implications this new system will have on many companies. Re-entering all of this data, which is a requirement, between Jan and March of 2027 is a really small window for companies that have many stores throughout CA. A large warehouse, for example, that has only one location in CA will have a far easier time meeting this requirement with the new system in the short time frame, but we suspect many companies will not."

 

DTSC responded to our public comment during the Townhall: 

"DTSC is hoping to have more information on this issue by end of the year. Training will be facilitated and the CERS NextGen Team and DTSC plans to do outreach around this issue and be mindful of this issue.

Local and Federal Updates

Federal Updates


SNAP and WIC Funding

As the California Department of Social Services (CDSS) continues implementing the distribution of SNAP benefits, some recipients have begun receiving funds in their accounts. While CDSS has not yet released an official schedule for full benefit distribution, it is encouraging to see that payments are already reaching eligible households. As a reminder, California issues SNAP benefits between the 1st and 10th of each month.


In addition, the WIC program has released a vendor alert to all authorized retailers. The California Department of Public Health (CDPH) has formally requested a state loan to ensure continued WIC funding in the event that the federal shutdown persists. This loan would secure program funding through the end of the year. Access the official vendor alert HERE.


CRA, alongside more than 50 organizations, signed a letter urging Governor Newsom to fully or partially fund CalFresh. This unified advocacy led to direct engagement with the Governor’s staff to clarify the state’s efforts to protect millions of Californians from food insecurity. You can access the letter HERE.


Read our previous updates on SNAP and WIC funding below.


SNAP Update: WIC Vendor Alert


SNAP Update: Benefits Reduction and Guidance


Urgent Update: Court Rulings SNAP Funding Developments


USTR Suspension of Action in Section 301 Investigation of China’s Targeting of the Maritime, Logistics, and Shipbuilding Sectors for Dominance

The Office of the United States Trade Representative (USTR) officially suspending the actions in the China shipbuilding Section 301 investigation for a year. The suspension includes the vessel fee as well as the tariffs on ship-to-shore cranes and cargo handling equipment. Thank you to everyone who filed comments in support of the suspension. Read the formal Notice HERE.


Fernandez v. Walmart

CRA joined an amicus brief urging California Court of Appeal to hold that businesses have no tort duty to prevent unforeseeable random criminal behavior misusing business property. Read the brief HERE.


Local Updates


Draft Cooperative Agreement Between South Coast AQMD and Ports of Long Beach and Los Angeles

CRA joined with a large coalition of business, labor and community organizations to urge the South Coast Air Quality Management District (SCAQMD) to approve the Cooperative Agreement between the SCAQMD and the Ports of Long Beach and Los Angeles to establish a collaborative, flexible, and enforceable framework that supports the region’s clean-air goals without harming the economic vitality of the ports or threatening the livelihoods of nearly one million Southern Californians who rely on trade and logistics. Due to our advocacy efforts including letters and public testimony, the SCAQMD Governing Board voted nine to one to approve the Cooperative Agreement. Read our latest coalition letter HERE.


Los Angeles Draft CII Permit

CRA joined a coalition in submitting a letter to the Los Angeles Regional Water Quality Control Board urging the Board to reject the adoption of the draft proposed Commercial, Industrial & Institutional Permit (CII Permit) and instead direct staff to work directly with stakeholders to resolve outstanding concerns and lack of clarity with the CII Permit provisions and compliance options. Despite submission of robust written comments over the past few years and efforts to work with the Board, significant concerns remain with the CII Permit including overly burdensome, duplicative, costly and unclear requirements and compliance details. Read the letter HERE.


Read a previous coalition letter submitted to the Los Angeles Regional Board HERE.


Costa Mesa Looking at Similar Self-Checkout Ordinance Following Long Beach

Costa Mesa city officials were given a staff report last week that supports the idea of regulating the use and operation of automated kiosks citywide. The issue was originally brought before the City Council during a meeting in March, during which store employees and residents raised concerns about inadequate staffing levels and an uptick in retail thefts associated with unmanned check stands.


Councilmembers expressed an interest in exploring the matter more and, in researching the topic, looked to an ordinance adopted in September by the city of Long Beach, the first of its kind in the nation. The proposal right now remains a staff report that city councilmembers are reviewing and is not an official introduction of a local ordinance, however, CRA is tracking the issue closely as our team did with the City of Long Beach ordinance. Read more.


CRA President and CEO Rachel Michelin was interviewed for a segment focused on self-checkout with the nationally acclaimed Today Show. View the segment HERE.


Culver City Potential Ban on All Beverages in Plastic Bottles

Culver City is considering a potential ban on all single-use plastic beverage bottles, which would expand on the city's existing regulations. While a ban on single-use plastic water bottles for city facilities and events is already in place, the new proposal would likely extend this to commercial vendors and could potentially include all single-use plastic beverage bottles sold or used in the city. This move is part of a broader effort to reduce plastic pollution in local waterways like Ballona Creek.


City of Los Angeles Considering Raising Minimum Wage for Another Industry Sector to Potentially $32.35 an Hour

In late September, Los Angeles city council members put forward a motion outlining a potential new minimum wage that would apply to construction workers on any housing project with 10 or more units and a height of up to 85 feet. They proposed a $32.35 per hour wage that would also come with an additional $7.65 per hour in healthcare credits. Any project already covered by labor agreements providing higher wages or union staffing would be exempt, according to the motion.


If passed, the motion would instruct the city’s chief legislative analyst to carry out a study on setting a new residential construction minimum wage and its potential impacts. The study would not be required to use $32.35 per hour among its final recommendations.


The study would need to include information on the wages workers currently need to afford housing and healthcare in L.A., as well as strategies the city could use to minimize any potential negative outcomes from establishing a new minimum wage for mid-sized apartment building construction.


This wouldn’t be the first time the L.A. City Council set a higher minimum wage for workers in one specific sector. Hotel and airport workers recently secured a higher minimum wage and their pay is set to rise to $30 per hour by 2028, when the Olympics are scheduled to be held in L.A. Read more.

Other Outreach and Activities

CRA Attends Cotton Tour


CRA Team's Leticia Garcia attended an exclusive cotton tour in Los Banos, CA hosted by Fibershed. The tour was designed for a select group of apparel and textile brands, designers and mills seeking traceable U.S. grown cotton that benefits soil health, carbon capture, water security, biodiversity, and producer livelihoods and CRA's participation was part of our outreach efforts for our application to serve as the PRO for the implementation of California's Textiles EPR.


The Climate Beneficial™ tour was not a typical walking farm tour! At Bowles’ farm, we got hands in the soil, dialogue with the farmers about what’s required to transition to practices that restore soil health and function, networked with other industry-leading brands, and heard from Climate Beneficial™ Verified team members and technical service providers about the value of farm-forward sourcing.


As a sixth-generation family farm, Bowles Farming Company is a pioneer in integrating regenerative practices while reducing synthetic chemistry use. The tour was an incredible opportunity to deepen our knowledge of the steps being taken to regenerate the soils that produce our food and fiber.

California Retailers Association https://calretailers.com/

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.

Facebook  Twitter  Linkedin  Instagram