Assembly Daily File

To the Members of the California State Assembly:

I am returning Assembly Bill 604 without my signature.

This bill would continuously appropriate interest earnings from revenues deposited in the Road Maintenance and Rehabilitation Account (RMRA) to the California Department of Transportation (Caltrans) for maintenance of the state highway system or for purposes of the State Highway Operation and Protection Program (SHOPP).

Interest earnings from the RMRA, including accumulated revenue and future earnings, have already been appropriated in the 2021 Budget Act through 2028.

I look forward to re-engaging with the Legislature to finalize and pass a comprehensive transportation package early next year that invests in a wide variety of critically-necessary projects including high speed rail, connectivity projects in advance of the 2028 Los Angeles Olympics, road and bridge repair, and a variety of other rail system improvements.

That comprehensive package, and the corresponding budget process, would be the appropriate venue to consider any continuous appropriation of RMRA interest earnings, such as that proposed in this bill.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 616 without my signature.

The labor force is invaluable to the prosperity of our state and the very fabric of our society. My Administration has worked tirelessly to protect and support workers across California. The recent U.S. Supreme Court ruling in Cedar Point Nursery v. Hassid (2021) eliminating 30 years of precedent has significantly impeded the ability of unions to access agricultural worksites. I deeply understand the need to address the impact of this decision. Any modernization of the Agricultural Labor Relations Act (ALRA) must take these challenges to access into account.

AB 616 creates a new process for agricultural employees to elect a labor representative through a ballot card election. This bill contains various inconsistencies and procedural issues related to the collection and review of ballot cards.

Significant changes to California's well-defined agricultural labor laws must be carefully crafted to ensure that both agricultural workers' intent to be represented and the right to collectively bargain is protected, and the state can faithfully enforce those fundamental rights.

Therefore, I am directing the Labor and Workforce Development Agency to work collaboratively with the Agricultural Labor Relations Board and all relevant stakeholders to develop new policies for legislative consideration to address this issue. I look forward to continuing our vital work to improve working conditions and opportunities for farmworkers across our state.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 123 without my signature.

This bill revises formulas for determining benefits under the State Disability Insurance (SDI) program, which includes Disability Insurance (DI) and Paid Family Leave (PFL) programs, beginning January 1, 2023.

My Administration has been a strong advocate for expanding access to DI and PFL programs, and I am proud of the progress we have made in collaboration with the Legislature. In 2019, I signed SB 83 (Chapter 24) which extended the maximum duration of paid family leave benefits from 6 to 8 weeks and AB 406 (Chapter 386) which required PFL applications to be provided in multiple languages. Last year, I signed SB 1383 (Chapter 86) which provided job-protected leave to employees working for employers with five or more employees. This year, I signed AB 138 (Chapter 78) which extended increased wage replacement rates to 2023.

This bill would create significant new costs not included in the 2021 Budget Act and would result in higher disability contributions paid by employees. I look forward to continued partnership with the Legislature to ensure that workers have true access to programs providing family leave.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1074 without my signature.

This bill would require successor employers in the hotel industry who purchased the business or property to retain workers who provided "guest services" for a 60-day transition period and offer them employment if their performance is satisfactory.

I support efforts to ensure stability in employment for all workers, especially given the uncertainty caused by the pandemic. Earlier this year, I signed SB 93 (Chapter 16) which included strong recall and retention protections for hotel workers who lost their job because of the pandemic and applies to existing and successor employers. There is significant overlap between this bill and SB 93, which may cause confusion for the regulated community. I encourage the Legislature to revisit the issue when the protections of SB 93 are due to expire.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 7 without my signature.

This bill would require employers of private emergency ambulance employees to make available multi-threat body protective gear at the request of their employees, train employees on the equipment, and inform them of its availability upon employment.

Current law already imposes an affirmative obligation on employers to evaluate workplace hazards and provide all necessary personal protective equipment (PPE) at no cost to employees regardless of whether the PPE is requested by the employee.

I support efforts to maximize the safety of all of California's life-saving EMS personnel and encourage proponents of this bill to work within the current regulatory structure to provide the evidence demonstrating that multi-threat body protective gear is necessary for all EMTs.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 418 without my signature.

This bill codifies a previously funded grant program within the Office of Emergency Services to improve resiliency during power outage events.

I recognize the importance of providing resources to help mitigate the impacts of public safety power shutoffs (PSPS). Since 2019, California has invested $125 million to counties, cities, special districts, and federally-recognized tribes for this purpose. The state also adopted more stringent requirements for utilities to mitigate the impacts of PSPS events and created the Office of Energy Infrastructure Safety to oversee utility resiliency and wildfire prevention efforts.

To the extent a future appropriation is provided for community power resiliency efforts, this bill would eliminate administrative flexibility to direct funding where it is needed most. For example, the state was able to allocate funding from the 2020 Budget Act to ensure power for critical public health facilities like COVID-19 testing sites during the pandemic.

Furthermore, as this bill seeks to codify a grant program, it results in ongoing General Fund cost pressures. Changes to the nature and duration of a grant program are more appropriately considered through the annual state budget process.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 515 without my signature.

This bill would provide that the crime of trespass does not apply to a repossession agency and its employees when they are on private property searching for or repossessing collateral.

An earlier version of this bill included a cross-reference to repossessor licensing requirements that makes it clear that repossessors are not allowed to go into secured or locked areas. Unfortunately, that language was removed from the bill. I am concerned that allowing a repossessor virtually unfettered access to a person’s private property could result in confusion and possibly violent confrontations between property owners and repossessors. For these reasons, I am returning this bill without my signature.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1207 without my signature.

This bill would establish the Pathways Through Pandemics Task Force within the California Health and Human Services Agency (CHHS) to study lessons learned from the COVID-19 pandemic and to develop strategies to navigate future pandemics.

While I share the Legislature's goal of studying lessons learned from the COVID-19 pandemic, this bill is duplicative of work already underway. Resources provided in the 2021 Budget already allows CHHS to provide an assessment of the state's COVID-19 public health response, which will evaluate the lessons learned and identify programmatic gaps.

The 2021 Budget also includes $1.7 million for CHHS to conduct a retrospective analysis of the intersection of the COVID-19 pandemic and the health disparities that were further perpetuated due to the pandemic. This analysis will help the state better understand how health disparities fueled the pandemic and what can be done to prepare for future crises.

Due to these efforts already underway, I am returning this bill without my signature.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1423 without my signature.

This bill would allow borrowers who receive Department of Housing and Community Development multifamily housing program funds to use awarded funds for construction financing, permanent financing, or a combination of the two.

The high cost of construction lending has impeded California's ability to build more permanent housing and drive down the cost of living in our state. While I appreciate the intent of the bill - to lower the cost of affordable housing construction - it presents a number of legal and implementation concerns.

AB 1423 would delegate the state's authority to administer bond proceeds to private, third-party lenders, which raises legal questions about consistency with the bond authority approved by California voters.

In addition, the bill would create significant risks for state dollars by placing the Department in a subordinate position to recover funds after a first lender. If a project should fail mid-construction, taxpayer dollars would be threatened.

That said, California must do more to explore how to drive down costs of construction lending. I am directing the Department to explore best practices for reducing these costs in ways that do not imperil state finances. California must continue to bring more certainty and speed to the development process - reforms that will materially drive down the cost of construction lending without direct state subsidy.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 70 without my signature.

This bill would require the California Department of Public Health (CDPH) to establish a new state regulatory program to provide oversight over gene synthesis providers and manufacturers of gene synthesis operating equipment. The bill would also require gene synthesis businesses to demonstrate membership in a voluntary industry consortium or be verified by CDPH to use customer and sequence screening protocols that meet or exceed the protocols established by that consortium.

In order to fund the establishment of the program, the bill would authorize CDPH to begin charging fees from the entities to be regulated before the program is established and before businesses are required to be in compliance. This structure is not implementable and General Fund resources needed to support the establishment of a new regulatory program should be considered in the annual budget process. Furthermore, consideration should be given to whether a patchwork of state and federal regulations on biosecurity is the most effective way to approach an issue of international magnitude. For these reasons, I am returning this bill without my signature.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 416 without my signature.

This bill would require the Department of General Services to issue a Deforestation-Free Code of Conduct covering contracts involving "forest-risk commodities," including wood, paper, rubber, palm oil, beef, and soy. It would require state contractors that provide products to the state that include forest-risk commodities to have a No Deforestation, No Peat, No Exploitation (NDPE) policy and to make detailed certifications to the origin of each product. These contractors would be required to publicly disclose their supply chains back to the farm or forest where the commodity was grown or harvested.

Deforestation is a major contributor to the climate crisis that California and the world is facing right now. I share the author's commitment to preventing tropical deforestation. Unfortunately, this bill's extensive requirements would create a significant burden on California businesses - particularly small businesses - that are looking to participate in state contracts.

For example, under this bill, every time the state purchases a product that contains soy, the vendor providing that product would need to disclose the exact location where the soybeans were grown, who the farmer was, and where the soybeans were processed. Most small business suppliers do not have access to that information, and with nearly all the U.S. soybean supply coming from domestic producers, this requirement would place a significant burden on businesses without impacting the stated goal of preventing tropical deforestation.

For these reasons I cannot sign this bill; however, I remain committed to working with the author to advance our shared environmental goals and will consider future legislation that better targets those supply chains that directly impact tropical deforestation.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1021 without my signature.

This bill would require the Imperial and Riverside County local agency formation commissions to conduct and publish a study by no later than July 1, 2022 of options for providing electrical service to the Imperial Irrigation District's electrical service area and alternative governance structures that would extend voting rights to voters who reside within the electrical service area to provide for proportional representation on the governing board.

The 2021 Budget Act included $500,000 from the General Fund to finance such a study. Imperial Irrigation District's electric service in the Coachella Valley is part of a 99-year lease that will reach its full term in 2033. It is valuable to invest the proper resources, time, and stakeholder engagement into studying the complex impacts of the Imperial Irrigation District's impending electrical service agreement expiration. This study should include any options to ensure that the local communities currently served may continue to receive energy service, as well as opportunities to give energy customers a voice.

For these reasons, I am concerned with the short timeline set forth in the bill to complete the study. However, I do expect that the study funded in this year's Budget Act will be completed in a timely manner to inform continued discussions.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1036 without my signature.

This bill would create two new programs to be administered by the California Infrastructure and Economic Development Bank: the California Manufacturing Disaster Loan Program to address manufacturing needs during and after the declaration of a state of emergency, and the California Manufacturing Competitiveness Loan Program for the purpose of attracting, retaining, and expanding manufacturing facilities and companies in the state.

California's manufacturers stepped up to retool and utilize their facilities during the COVID-19 pandemic to help meet the state's needs. I am strongly supportive of California's manufacturing economy, a majority of which is fueled by small businesses. Together with the Legislature, in 2020 and 2021, we made unprecedented investments to support small businesses' access to capital and ongoing economic recovery.

However, this bill does not provide sufficient detail to operationalize the loan programs, risking significant costs, delays, administrative challenges, and program design inefficiencies. Additionally, California has existing programs to support manufacturers. As this proposal would result in millions of dollars in ongoing costs and establish two new financing programs, it should be considered through the annual state budget process.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1403 without my signature.

This bill would specify that conditions constituting a state of emergency under the California Emergency Services Act may include a deenergization event, defined as a planned power outage.

This legislation is unnecessary, as existing statute provides broad emergency authority when disaster conditions are met.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1444 without my signature.

This bill would impose requirements on the specific information included and formatting of agreements between a food delivery platform and a food facility entered into or modified after January 1, 2022, and prohibit food delivery platforms from charging a food facility for certain forwarded calls.

Third party apps and listing websites have created opportunities for consumers to find and support more of their local dining places. We have significantly increased oversight of food delivery companies in recent years. Last year I signed AB 2149 (Chapter 125, Statutes of 2020), which required a food delivery platform to first obtain an agreement with a food facility prior to taking orders or delivering meals on their behalf. It has been less than one year since these provisions took effect. AB 1444 would prescribe the specific content and format of these agreements, triggering companies to again modify their contracts without a clear, additional public benefit.

Further, companies have stated that call forwarding tracking numbers, a focus of AB 1444, are no longer used. I appreciate these companies voluntarily ceasing the practice of charging restaurants simply for connecting calls, as many small businesses, particularly restaurants, survive on small margins.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1461 without my signature.

This bill would codify existing practices of the Trafficking and Crime Victim Assistance Program, and would expand the population eligible to receive these benefits to include those who have applied for immigration relief under the Violence Against Women Act, Special Immigrant Juvenile Status, or asylum status.

While I share the author's goal of ensuring that vulnerable populations have the resources necessary to meet their needs while they await adjudication of their application for immigration relief, bills with a significant fiscal impact, such as this, are best considered in the annual budget process.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 523 without my signature.

AB 523 would require the Department of Health Care Services (DHCS) to make permanent the specified Program of All-Inclusive Care for the Elderly (PACE) program flexibilities instituted, on or before January 1, 2021, in response to the public health emergency caused by COVID-19. AB 523 also requires DHCS to work with the Centers for Medicare and Medicaid Services to determine how to extend PACE flexibilities approved during COVID-19.

As part of the Budget Act of 2021, all telehealth flexibilities in the Medi-Cal program were extended until December 31, 2022. DHCS was also required to convene an advisory group to provide recommendations for establishing and adopting billing and utilization management protocols for telehealth modalities to increase access and equity and reduce disparities in the Medi-Cal program. This advisory group is the appropriate venue to participate and provide telehealth recommendations specific to the PACE program.

Additionally, the bill states that DHCS shall make the changes permanent, without conditioning the permanent changes on DHCS obtaining necessary federal approvals and federal financial participation or taking into consideration federal legal mandates.

For these reasons, I am returning this bill without my signature.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 865 without my signature.

This bill requires alternative payment programs (APP) to reimburse child care providers based on the maximum certified hours of need rather than attendance, and amends statute regarding verification of provider rates, APP fund reserves, and acceptable forms of signature.

In recognition of the impact of the COVID-19 pandemic on child care providers, I have provided substantial funding over the last two budgets so providers are reimbursed based on enrollment, not on attendance. However, I cannot support a permanent extension of that policy at this time, as it will result in significant ongoing General Fund cost pressures in the tens of millions of dollars that were not included in the state's current spending plan.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 990 without my signature.

This bill would establish the right of visitation as a protected civil right for people that are incarcerated, change the standard of review for when a custodial authority seeks to limit the civil rights of incarcerated individuals, and restrict the California Department of Corrections and Rehabilitation's (CDCR's) power to deny a person visitation rights.

My Administration has made it a priority to reform our state's rehabilitation processes, including visitation rights. In fact, this year's budget added a third day of weekly in-person visitation at all CDCR institutions and included funding to provide visitors with free transportation on select days throughout the year to all prisons. While I am in strong support of expanding and increasing visitation opportunities, the heightened standard in this legislation is likely to result in extensive and costly litigation from individuals denied visitation for what may be valid and serious safety and security concerns. I urge the author to work with CDCR to find a solution that expands access to visitation in a manner that protects all parties.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 279 without my signature.

This bill prohibits, until July 1, 2022, an intermediate care facility (ICF) or skilled nursing facility (SNF) from terminating or making significant quality-of-care changes, or from transferring a resident to another facility, unless the owner of the facility files for bankruptcy, except under specified circumstances.

Although this bill seeks to protect residents of ICFs and SNFs from involuntary transfers, its restrictions could have unintended consequences for the people it intends to serve. Requiring a struggling facility short of bankruptcy to remain open may lead to conditions where care is compromised because the facility is not able to retain staff. For example, facilities with inadequate staffing will struggle to implement measures to limit COVID-19 transmission and prevent outbreaks. Furthermore, the California Department of Public Health does not have the legal authority to compel a facility to continue operating or providing services if the facility wishes to close. For these reasons, I am returning this bill.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 339 without my signature.

This bill requires, until December 31, 2023, that city councils and boards of supervisors in jurisdictions with over 250,000 residents provide both in-person and teleconference options for the public to attend their meetings.

While I appreciate the author's intent to increase transparency and public participation in certain local government meetings, this bill would set a precedent of tying public access requirements to the population of jurisdictions. This patchwork approach may lead to public confusion. Further, AB 339 limits flexibility and increases costs for the affected local jurisdictions trying to manage their meetings.

Additionally, this bill requires in-person participation during a declared state of emergency unless there is a law prohibiting in-person meetings in those situations. This could put the health and safety of the public and employees at risk depending on the nature of the declared emergency.

I recently signed urgency legislation that provides the authority and procedures for local entities to meet remotely during a declared state of emergency. I remain open to revisions to the Brown Act to modernize and increase public access, while protecting public health and safety. Unfortunately, the approach in this bill may have unintended consequences.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 446 without my signature.

This bill reduces the number of signatures needed on a petition to form a new political party, and allows the name of a proposed political party that fails to qualify as a party to be eligible for use by a different political body in the future. In addition, this bill permits a body that is attempting to form a new political party to request reconsideration if the Secretary of State rejects the proposed party's name.

California prides itself on its diversity. We have worked hard to ensure our elections are fair, transparent, and accessible so all Californians can be represented in this state. Existing law offers prospective new political parties with an alternative qualification process. I am concerned that this bill creates additional burdens for county elections officials to maintain an ever-changing number of political parties and that this bill could create confusion among voters due to the constant churn of parties coming onto, and falling off of, the ballot.

This bill would also likely create a state reimbursable mandate as it requires that, for every political party that qualifies, there would be an additional one to two added variations of each ballot type, with an increase in corresponding workload.

I agree with the author's goal of increasing and diversifying voices and perspectives in our democratic system, but I am not convinced this bill would assist in that endeavor.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly: 

I am returning Assembly Bill 472 without my signature. 

This bill would make it unlawful for a person to intentionally use or sell software or services to avoid a security control or measure used to ensure an equitable campsite reservation making process.

This bill is unnecessary as the Department of Parks and Recreation has implemented several security measures to ensure an equitable reservation process. These measures include tools such as ReCAPTCHA (select all the pictures with a traffic light), as well as policies to cancel reservations that were not made for personal use, and to terminate accounts that participate in unlawful and prohibited activities. These security measures have led to the elimination of bot access.

While I understand the author's intent, individuals have difficulty making campsite reservations due to the high demand for a limited number of sites - there is no evidence of software or services being used to circumvent the reservation system.

Sincerely, 

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1070 without my signature.

This bill would authorize distilled spirits manufacturers and other distilled spirits licensees to annually gift up to 12 outdoor patio retail advertising umbrellas, individually valued at no more than $150, to every on-sale retail licensed location.

This would increase alcohol signage and advertisements in public areas and disadvantage small alcohol manufacturers that cannot compete with the marketing budgets of multibillion dollar corporations.

Ostensibly, this bill is about assisting businesses impacted by the COVID-19 pandemic. Yet I believe there are other, more suitable strategies for assisting impacted businesses than allowing economic arrangements that create a competitive disadvantage for small manufacturers. My Administration has taken a number of steps to support our small business community and offer pandemic relief, including providing temporary regulatory flexibility, allowing outdoor expansions, and waiving license renewal fees.

Two years ago, I signed AB 1133 (Chapter 623, Statutes of 2019) to initiate a pilot project allowing beer manufacturers to annually gift up to five cases of glassware to on-sale retail licensed locations. This pilot is still underway through January 1, 2023, and, as such, we have not yet had the opportunity to sufficiently assess its impacts. It is premature to propose another similar exception to tied-house laws until the pilot project can be properly evaluated.

For these reasons, I am returning this bill.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1331 without my signature.

This bill would require the Director of the Department of Health Care Services (DHCS) to appoint a full-time executive Statewide Director of Crisis Services to convene state and local leaders to develop and implement a cohesive statewide behavioral health crisis care delivery system.

Behavioral health crisis care services are critical, including early prevention efforts. My administration has made significant investments to improve California's behavioral health system, including $150 million to build out mobile crisis infrastructure. In addition, DHCS is investing $20 million in California's network of emergency call centers to support the launch of a new 988 hotline, an alternative to 911, for people seeking help during a mental health crisis.

The California Health and Human Services Agency and its departments will work with state and local partners and stakeholders to assess and address gaps in behavioral health crisis care services as my Administration works to implement the new behavioral health initiatives included in the budget.

Given the fiscal implications of adding this position, and the additional staffing needed to support it, this proposal would be more appropriately addressed through the budget process.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 105 without my signature.

This bill would modify several processes related to civil service job announcements, examinations, classifications, and hiring practices. Additionally, it would require certain boards and commissions to include appointed representatives of underrepresented groups and institute new data collection requirements.

I believe that California has a responsibility to recruit and retain a workforce that reflects California's diversity and treats all of our employees with respect, dignity, and equity. My Administration remains committed to furthering that cause and that's why we have established the California Leads as an Employer Initiative. The goal of this initiative is to implement policies that promote a diverse and inclusive workforce reflective of California, ensure a respectful workplace free of harassment, and address gender and racial pay gaps in the state workforce. Additionally, we established a Chief Equity Officer at the Government Operations Agency this year who will focus on diversifying state hiring, recruitment, retention, and training.

While the goals of AB 105 are laudable, elements of the bill conflict with existing constitutional requirements, labor agreements, and current data collection efforts. Therefore, it may have unintended consequences that warrant further consideration. Furthermore, as AB 105 would cost tens of millions of dollars, these one-time and significant ongoing costs should be considered through the annual state budget process.

I would encourage the author to collaborate with the Administration to address these concerns and look forward to continued partnership as we continue to work to build a more inclusive state government.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 122 without my signature.

This bill would allow a person riding a bicycle to proceed through a stop sign as if it were a yield sign until January 1, 2028.

While I share the author's intent to increase bicyclist safety, I am concerned this bill will have the opposite effect. The approach in AB 122 may be especially concerning for children, who may not know how to judge vehicle speeds or exercise the necessary caution to yield to traffic when appropriate.

Fatalities and serious injuries have been on the rise on the state's roads since 2010. The Statewide Integrated Traffic Records System shows that, since 2015, there were 3,059 crashes involving bicycles at an intersection in which the primary collision factor was failure to stop at a stop sign. The data indicates bicyclists were determined to be at fault for 88 percent of the collisions resulting in fatalities and 63 percent of those involving injuries.

I fully support safe and equitable access to the state's transportation network for bicyclists. The California Climate Action Plan for Transportation Infrastructure describes how the state will invest in the transportation network to create safe and accessible bicycle and pedestrian infrastructure. The Department of Transportation (Caltrans) and the California State Transportation Agency are increasing active transportation investments and will release design guidance on traffic calming measures this year to encourage more walking and biking through a safe systems approach. For these reasons, I am returning this bill.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 226 without my signature.

This bill would eliminate Children's Crisis Residential Programs (CCRPs) under the purview of the Department of Social Services and instead create Children's Crisis Psychiatric Residential Treatment Facilities (CCPRTFs) under the purview of the Department of Health Care Services, to provide intensive mental health care for children and youth, including those in foster care.

It is important that all California youth receive the mental health services and supports they need. My Administration has made it a priority to transform California's children and youth behavioral health system into one in which all children and youth are routinely screened, supported, and served for emerging and existing behavioral health needs, and is working to implement transformative investments in the 2021-22 Budget that further this cause.

AB 226 presents implementation challenges that cannot be overlooked or easily overcome. First, the bill would eliminate CCRPs, a Medicaid State Plan service the state is obligated to provide, creating a gap in the continuum of care for children and youth. Second, the bill does not appropriately identify the roles of the Department of Health Care Services, the county Mental Health Plans, and the California Department of Public Health in federally certifying the proposed CCPRTF program. Finally, should CCPRTFs be authorized as a treatment option, it is critical to develop adequate safeguards so children are not in CCPRTFs any longer than necessary. These safeguards are not included in this bill.

My Administration looks forward to working with the Legislature and stakeholders before the Legislature reconvenes on a proposed solution that is in the best interest of all youth experiencing mental health crises.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 369 without my signature.

This bill would direct the Department of Health Care Services (DHCS) to establish a Presumptive Eligibility Program for persons experiencing homelessness, authorize all off-premises services under Medi-Cal, remove care authorization and coordination strategies typically provided by Primary Care Physicians, and deduct capitation payments made to Medi-Cal Managed Care Plans if a person experiencing homelessness does not utilize services within 60 days of enrollment.

From day one, my Administration has made treating and housing those experiencing homelessness a top priority. Understanding that homeless individuals face unique challenges in receiving the health care they need, California designed its Presumptive Eligibility program so that individuals experiencing homelessness can easily enroll in Medi-Cal and access timely health care. In addition, enrolled Medi-Cal providers can be reimbursed for street-based medicine or services provided outside the office to their patients. Additionally, Medi-Cal Managed Care Plans are responsible for coordinating and providing health care services to their members, including beneficiaries experiencing homelessness.

We can and must do much better than today. To that end, the California Advancing and Innovating Medi-Cal (CalAIM) initiative, authorized in the 2021 Budget, will provide a whole-person approach to care and include expanded benefits to address clinical and non-clinical needs of Medi-Cal beneficiaries. A new enhanced care management benefit and housing support services, delivered by community-based providers, will provide needed services to individuals experiencing homelessness. Creating a "carve out" for persons experiencing homelessness, on the eve of the CalAIM transformation, will cut out these patients from services that are being created specifically to support their health, housing stability, and overall well-being.

Given that providing individuals experiencing homelessness timely access to critical services and ultimately are permanently housed is a priority, and the timing of CalAIM implementation, I am directing DHCS to identify any interim gaps that can be imminently addressed and act quickly to close these gaps. Such actions may include providing temporary resources to street medicine providers across the state, providing additional technical assistance to street medicine providers who seek to provide services through managed Medi-Cal, and promptly implementing the CalAIM opportunities that will soon be rolling out.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 375 without my signature.

This bill amends statute relating to part-time faculty at the California Community Colleges, including redefining a community college part-time faculty course load as not to exceed 85 percent of the hours of a full-time assignment, rather than not to exceed 67 percent.

Our system of community colleges could not operate without part-time faculty. Even though they carry an enormous amount of the teaching load across the system, these qualified instructors must often teach at multiple campuses in order to piece together higher wages, and do not receive the same salary or benefits as their full-time colleagues.

While I understand the objectives of this legislation, this bill would create significant ongoing cost pressures on the state and community college districts, potentially in the hundreds of millions of dollars. Such a high expenditure is better addressed in the State Budget process, which is why I am committed to considering options to support our community college part-time faculty in my forthcoming January budget proposal.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 412 without my signature.

AB 412 creates the California Commission on Human Rights to explore and identify ways the state can promote the protection of human rights to provide equal economic, political, and educational opportunities without prejudice or discrimination.

The Department of Fair Employment and Housing (DFEH), California's civil rights promotion and enforcement agency, is currently charged with investigating, mediating, and prosecuting complaints of civil rights violations involving employment, housing, public accommodations, state-funded programs and activities, hate violence, and human trafficking. DFEH's Fair Employment and Housing Council is currently authorized to hold hearings and issue publications that aid in the elimination of unlawful discrimination, or advance civil rights in the State of California. Recently, the Council has held civil rights hearings on algorithmic decision making, employment barriers for individuals with criminal histories, hate violence in California, and civil rights issues in the Central Valley.

While the aims of this bill are noble and worthwhile, the work that would be entrusted to this Commission is duplicative of the work being done by DFEH. Additionally, this bill creates significant cost pressures that are currently not accounted for within the 2021 Budget Act. For these reasons, I am returning this bill.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 603 without my signature.

This bill would require municipalities to annually post on their internet websites specified information relating to settlements and judgments resulting from allegations of improper police conduct. The information will include amounts paid, broken down by individual settlement and judgment, and information on bonds used to finance use of force settlement and judgment payments.

The vast majority of the information that this legislation would require to be posted on department websites is already available through a Public Records Act request or in court records. Given this, I am concerned that this legislation is not only unnecessary, but that it will also have potentially significant General Fund costs associated with the imposition of a state-reimbursable mandate on local law enforcement agencies.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 783 without my signature.

This bill prohibits the Division of Occupational Safety and Health (DOSH) from issuing a citation or notice to a surface mine employer more than six months after the occurrence of a violation, and requires inspectors to issue a "Notice of Hazard" within 72 hours of a surface mine inspection when they find conditions that could lead to injury if not promptly addressed.

Existing law already provides that a citation or notice shall not be issued by DOSH more than 6 months after an inspection and DOSH currently provides preliminary findings about any observations observed during a surface mine inspection. If DOSH observes an imminent hazard to employees it must warn the employer and issue an Order Prohibiting Use until the dangerous condition is eliminated.

AB 783 requires a written notice of potential or actual hazards which is information already transmitted to the employer through the course of the inspection. As a result, this bill increases costs and workload to DOSH without measurably improving work conditions. For this reason, I am returning this bill without my signature.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 872 without my signature.

This bill would extend a special form of workers' compensation, "4850 time", to rank-and-file and supervisory firefighters at the Department of Forestry and Fire Protection. This bill would result in these employees receiving higher take home pay than they would have if not injured by raising disability payments from full net to full gross salary.

Currently, state firefighters have access to Enhanced Industrial Disability Leave (EIDL) which provides full net salary for one year for any industrial injury or illness or up to three years if the injury is burn related.

State firefighters' importance to California is only growing because of the increasing prevalence of wildfires they fight each year. I have and will continue to devote more resources to this workforce to ensure they have the benefits and equipment they need to carry out their critical task.

However, an extension of "4850" time to this class of employees should be addressed through the bargaining process where consideration of how best to allocate limited resources for this crucial state function is viewed holistically. My Administration looks forward to this discussion and working on this issue at the bargaining table.

Sincerely,

Gavin Newsom

To Members of the California State Assembly:

I am returning Assembly Bill 1035 without my signature.

This bill requires local agencies to apply the Department of Transportation's (Caltrans) most recent standards for the use of recycled materials in pavement between January 1, 2023 and January 1, 2026.

Requiring all local agencies that have jurisdiction over streets and highways to comply with Caltrans' recycling standards may result in increased costs. The standards adopted by Caltrans are specifically designed for Caltrans projects, which are generally larger and address a greater volume of traffic than some local projects. These requirements may not be appropriate for all local streets and roads. Further, this bill may create a reimbursable state mandate, which could result in significant state costs.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1147 without my signature.

This bill adds new and modified reporting at the local and regional levels on compatibility of land use and transportation planning with greenhouse gas reduction goals and a proposal for a pilot program to create a network of bicycle highways.

Although the bill seeks to improve transparency to the Sustainable Community Strategies process, it does not require or incentivize regional and local governments to make land use decisions that change development and transportation patterns.

While I share the author's goal to align policies and promote the use of active transportation modes such as walking and biking, the bill is not necessary because state agencies are already collaborating on these policies and updating local requirements.

I proposed $7.6 billion to make key investments in a wide variety of critically necessary projects including high speed rail, transit connectivity projects in advance of the 2028 Los Angeles Olympics, active transportation, and a variety of other rail system improvements. Not only will these projects improve safety and access for bicyclists and pedestrians, they will significantly reduce greenhouse gas emissions and are key to meeting our state's climate objectives. I look forward to re-engaging with the Legislature to finalize and pass a comprehensive transportation package early next year.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1215 without my signature.

This bill requests the University of California (UC) Board of Regents to adopt policies directing the UC Office of the President to establish various systemwide protocols pertaining to undergraduate admissions and conduct additional auditing of campus undergraduate admissions.

I am committed to ensuring the fairness of admissions processes at all California colleges and universities, which is why I signed previous legislation with that goal in mind. However, I believe that the system-wide requirements stipulated in this bill could constrain the UC's ability to effectively use its holistic admissions process in admitting diverse cohorts of new students.

Moreover, I believe that the UC has addressed the majority of issues identified by the State Auditor with the seriousness they deserve and has already implemented many of the safeguards required by this bill. In light of the UC's ongoing implementation of audit recommendations, this bill is premature.

I will continue to monitor this issue and expect that the UC follows through on these new procedures.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1238 without my signature.

This bill would authorize jaywalking and prohibit any related fines or criminal penalties for pedestrians entering a roadway when no cars are present, until January 1, 2029.

I want to thank the author for bringing this important issue forward. Unequal enforcement of jaywalking laws and the use of minor offenses like it as a pretext to stop people of color, especially in under-resourced communities, is unacceptable and must be addressed. While I am committed to tackling this issue as part of our continued work to reduce excessive use of force and bias, I cannot support this bill in its current form.

California has the highest total number of pedestrian fatalities in the nation and ranks 8th for pedestrian fatality rate per 100,000 in population. According to data collected in the Statewide Integrated Traffic Records System, there has been an average of 3,500 traffic fatalities per year over the past five years and approximately 30 percent of those were pedestrian fatalities. During that time period, 63 percent of the crashes resulting in pedestrian fatalities were the result of pedestrians taking actions against traffic controls or safety laws. I am concerned that AB 1238 will unintentionally reduce pedestrian safety and potentially increase fatalities or serious injuries caused by pedestrians that enter our roadways at inappropriate locations.

I am committed to working with the author, the Legislature, and stakeholders on legislation that addresses the unequal enforcement of jaywalking laws in a manner that does not risk worsening California's pedestrian safety.

In the meantime, I strongly encourage local governments to conduct a review of the demographics and enforcement levels of jaywalking in their communities and to identify and address concerns at the local level as appropriate.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1302 without my signature.

AB 1302 would allow billboard-based cannabis advertising almost anywhere along any Interstate Highway or State Highway - except for within a 15-mile radius of the California border.

When the voters passed Proposition 64, they enacted robust protections shielding youth from exposure to cannabis and cannabis advertising. Among other things, voters completely prohibited billboard-based cannabis advertising on all Interstate Highways, and on all State Highways that cross the California border. Allowing advertising on these high-traffic thoroughfares could expose young passengers to cannabis advertising.

AB 1302 would weaken the protections passed in Proposition 64. California can refine and advance its regulation of cannabis while also remaining faithful to the will of the voters, and I will continue to work with the author to strike this balance. For these reasons, I am returning AB 1302 without my signature.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1456 without my signature.

This bill would replace the existing Cal Grant financial aid program with new Cal Grant 2 and Cal Grant 4 awards, for students receiving new awards beginning with the 2024-25 academic year.

Expanding access to financial aid has been a priority for my Administration. During my first year as Governor, I worked with the Legislature to provide access awards of up to $6,000 for students with dependent children. In partnership with the Legislature, we recently made historic investments in our financial aid system, including over $235 million in ongoing resources to expand Cal Grant eligibility for community college students, and a combined $632 million in ongoing resources to focus the Middle Class Scholarship Program on reducing students' total cost of attendance. This bill seeks to replace those investments prior to their full implementation.

I agree with the author that making the Cal Grant program simpler to navigate would benefit our students and their families. However, this bill results in significant cost pressures to the state, likely in the hundreds of millions of dollars annually. Future changes to the financial aid system of this magnitude should be considered as a part of the annual budget process.

For these reasons, I am returning this bill.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1487 without my signature.

This bill would establish the Homelessness Prevention Fund, administered by the State Bar, to support a grant-based program to provide education and legal aid services to prevent eviction and avoid housing displacement.

Since 2019, we have made $131 million available for tenant legal aid, including an $80 million appropriation earlier this summer. These critical funds provide legal assistance grants to legal services and self-help organizations statewide to prevent foreclosures and evictions. This money is being put to work in communities right now.

I agree with the intent of this bill - to provide better, more comprehensive, and culturally competent legal aid to renters impacted by COVID to ensure they can access all of the protections afforded to them under California's strong rental assistance and tenant protection laws.

But to have real effect, these policy changes must be accompanied by a budgetary appropriation or reallocation of existing legal aid money. I look forward to continuing this important and urgent discussion as part of next year's budget deliberations.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1542 without my signature.

AB 1542 would authorize the County of Yolo to offer a pilot program that would allow individuals struggling with substance use disorders, who have been convicted of qualifying drug-motivated crimes, to be placed in a Secured Residential Treatment Program.

I understand the importance of developing programs that can divert individuals away from the criminal justice system, but coerced treatment for substance use disorder is not the answer. While this pilot would give a person the choice between incarceration and treatment, I am concerned that this is a false choice that effectively leads to forced treatment. I am especially concerned about the effects of such treatment, given that evidence has shown coerced treatment hinders participants' long-term recovery from their substance use disorder. For these reasons, I am not able to sign this legislation.

Sincerely,

Gavin Newsom

To the Members of the California State Assembly:

I am returning Assembly Bill 1560 without my signature.

This bill would require the Superintendent of Public Instruction to survey local education agencies (LEAs) on student access to computing devices and broadband service and authorize the California Department of Technology to enter into sponsored service agreements with LEAs for the purpose of providing residential broadband to eligible pupils.

Closing the digital divide is crucial to promoting equity in our schools, which is why I worked with the Legislature to secure $6 billion to expand broadband infrastructure and enhance internet access for unserved and underserved communities. Further, SB 98 (Chapter 24, Statutes of 2020) appropriated $5.3 billion for LEAs to support pupil academic achievement and mitigate learning loss related to the COVID-19 pandemic, funding which they can use for purposes including the purchase of computing devices. Therefore, the provisions of this bill are duplicative and unnecessary.

I encourage the author to continue engaging my Administration to find innovative pathways to achieve our collective goal to close the Digital Divide once and for all.

Sincerely,

Gavin Newsom