The urgency of the legislative process is always tangible but becomes more pronounced as the session draws to an end. This year, though, seemed more chaotic than recent years. There was a protest on the last day of session, several big fights against powerful interests and some bills proactively moved to inactive to not be heard at all. This year, several anticipated agreements in the energy and oil sectors fell below expectations, underscoring the challenging and unpredictable environment. The Governor’s decision to call a special session to address the unresolved oil reserve issues only added to the tension.
Big Interest Battles
Big battles in Sacramento can normally be proxied by the number of contract lobbyists on each side. This year's big issues ran the gamut between consumer protection, local planning, and gaming interests. Consider the intense lobbying around AB 1755 involving automakers and consumer groups. This measure was a compromise between consumer attorneys and auto manufacturers, with GM playing a notable role. Despite the lobbying frenzy, it passed and now awaits the Governor’s decision.
In gaming, an ongoing battle between tribes and card rooms continued with SB 549. This bill allows tribes to take legal action against card rooms, earning significant legislative support and now sitting on the Governor's desk.
During the final week of the session, AB 98 was introduced, aiming to create new 'setback' limits for warehouse facilities. It faced opposition from local governments and environmental justice groups due to its hurried introduction, though it garnered support from the Laborers for addressing logistics growth and truck emissions. It too has reached the Governor.
The Grand Deal That Wasn’t
Those are the major battles that came to the forefront, but it’s also worth noting the measures that stalled, causing increased inter-house tension and protest. There was some chat about a 'grand deal' between the Legislative leaders and the Governor that would include the Senate pro Tem's California-Made package, an Assembly package to reduce energy bills, and the Governor's oil reserve proposal. However, very few energy bills passed. One bill on a rate report (AB 3264) made it through as did a hydrogen bill (SB 1420) and a bill on service disconnections (SB 1142). Additionally, Assembly Democrats had been working for several months on an energy affordability package. One of the bills, AB 3121, would have used unencumbered funds in several programs to provide a one-time credit to residential ratepayers. However, AB 3121 was never set for a committee hearing. Given the lack of movement on SB 950 (the Governor's oil reserve requirement), he called a special session on the last night to address this issue. The Assembly quickly convened a special session concurrent with the current session while the Senate balked at the suggestion. The Constitutional authority of the Governor to call a special session is clear however the Legislature's requirement to comply is far less certain.
Reparations Bills Not Heard
Lastly, protests occurred in the Capitol Rotunda after the Assembly refused to hear two bills SB 1403 and SB 1331 which were recommendations of the Reparations Taskforce. The Assembly placed both measures on their 'inactive file' without the author's request. Senator Bradford also asserted that the Governor's office had sought amendments to dramatically reduce the scope of the bills. Senator Bradford is termed out but the Reparations package of bills was a top priority for the Legislative Black Caucus.
In the three-dimensional chess of legislative deals with the Governor, the year’s biggest parts seemingly unraveled. It could be that once the string was pulled, none could survive. This intricate dance of governance often feels like it’s held together by these fragile threads; one wrong move can lead to a cascading effect that brings everything tumbling down. However, what stands out now is the deliberate choice to withhold certain bills from even being heard. Monday morning quarterbacks are offering a few theories on this year's notable session. Politico offered its take on the matter. One thing is clear–chaos reigned at the end of session and how far it goes into the special session or next year is anyone’s guess.
It's hard to know what led to so many big deals being dashed. The Assembly seems poised to act having convened their special session with the Governor applauding the move and the subsequent introduction of legislation (AB X1). The Senate has publically stated they had enough time in the regular session and remain steadfast in not convening a special session. What remains to be seen is if it was indeed just more time that was the missing ingredient for the oil reserve proposal's success. Will the Senate feel pressured by the Assembly's convening the special session? To quote Bill Murray in the movie Groundhog Day, "Well, what if there is no tomorrow? There wasn't one today."
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