Vetoed

2022 – Assembly Bill 2677 (Gabriel, Jesse), Information Practices Act of 1977 (Vetoed)

Summary

Would have amended the Information Practices Act of 1977 (IPA) to expand the definition of personal information (PI) to include information that is reasonably capable of identifying or describing an individual, prohibit an agency from using records containing PI for any purposes other than those for which the PI was collected or generated, except as specified,

and make a negligent violation of IPA a cause for discipline, among other things.

View full bill text here

 

Governor’s Veto Message

To the Members of the California State Assembly:

 

I am returning Assembly Bill 2677 without my signature. This bill makes several changes to the Information Practices Act of 1977, including expanding the definition of personal information, limiting certain disclosures, and applying data minimization principles.

 

I commend the author for his commitment to data privacy and am supportive of expanding security protocols to further protect personal information collected by state agencies and businesses. However, I am concerned this bill is overly prescriptive and could conflict with the State's goal to provide person-centered, data driven, and integrated services. Additionally, this bill would cost tens of millions of dollars to implement across multiple state agencies that were not accounted for in the budget.

 

With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety and safety-net programs.

 

The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant fiscal impact, such as this measure, should be considered and accounted for as part of the annual budget process. For these reasons, I cannot sign this bill.

 

Sincerely,

Gavin Newsom

View Governor’s veto message here

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2677

2022 – Assembly Bill 2550 (Arambula, Joaquin), San Joaquin Valley Air Pollution Control District: Nonattainment (Vetoed)

Summary

Would have required CARB to undertake specified interventions if the San Joaquin Valley Air Pollution Control District (SJVAPCD) remains in nonattainment for a national ambient air quality standard (NAAQS). These interventions would have included developing a program, rules, or regulations that CARB deems necessary for SJVAPCD to attain NAAQS after a public hearing on CARB’s review of the SJVAPCD attainment plan, rules, regulations, programs, and enforcement practices. This bill also would have required CARB to coordinate with SJVAPCD to provide additional monitoring and enforcement for stationary sources and conduct outreach to under-resourced communities.

View full bill text here

 

Governor’s Veto Message

To the Members of the California State Assembly:

 

I am returning Assembly Bill 2550 without my signature.

 

This bill requires the California Air Resources Board (CARB) to intervene and undertake specified activities if the San Joaquin Valley Air Pollution Control District does not attain the National Ambient Air Quality Standards (NAAQS) established by the United States Environmental Protection Agency.

 

My Administration is committed to ensuring that the San Joaquin Valley is on a path to attainment of the NAAQS. Statute already allows CARB to reject a local air district's State Implementation Plan element if CARB finds, after a public hearing, that it does not meet the requirements of the Clean Air Act, including if the plan will not provide attainment by the deadline. As such, this bill is unnecessary.

 

Sincerely,

Gavin Newsom

View Governor’s veto message here

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2550

2022 – Assembly Bill 1711 (Seyarto, Kelly), Privacy Breach (Vetoed)

Summary

Would have required an agency to post a notice on the agency’s website when a person or business operating a system on behalf of the agency is required to issue a security breach notification for that system, as specified.

View full bill text here

 

Governor’s Veto Message

To the Members of the California State Assembly:

 

I am returning Assembly Bill 1711 without my signature. This bill requires a public agency to post a notice on its website when a person or business operating a system on behalf of that agency is required to issue a security breach notification for that system.

 

Current law requires both private businesses and public agencies to immediately notify individuals impacted by a data breach of the systems they operate, allowing appropriate action to mitigate or prevent financial losses due to fraudulent activity. The stated intent of this bill is to provide additional transparency with respect to data breach notifications provided in the event a contractor operating a system on behalf of an agency is breached.

 

Requiring public agencies to display every instance of a security breach on its website will highlight vulnerable information technology systems shortly after a breach occurs. This could substantially increase the risk of additional attacks on these systems. The author's objective could be more effectively achieved through other means, such as specifying breach notifications to individuals must come from the agency, or requiring notices from a contractor to conspicuously include the agency on behalf of which they are operating.

 

For these reasons, I cannot sign this bill.

 

Sincerely,

Gavin Newsom

View Governor’s veto message here

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1711

2022 - SB 1136 (Portantino, Anthony), California Environmental Quality Act: Expedited Environmental Review: Climate Change Regulations (Vetoed)

Summary

Would have required CARB, air districts, and other specified agencies to complete an Environmental Impact Report (EIR) or alternative environmental analysis, pursuant to the California Environmental Quality Act (CEQA) and as specified, for every rule or regulation adopted that requires emission reductions of greenhouse gases (GHG), criteria air pollutants, or toxic air contaminants (TAC), or compliance with a performance standard or treatment requirement that requires emission reductions of GHGs, criteria air pollutants, or TACs. This bill also would have added extensive labor requirements if a focused EIR was used for the installation of pollution control equipment projects to reduce TACs, criteria pollutants, or GHGs that was undertaken to comply with the any of the regulations specified above.

View full bill text here

 

Governor’s Veto Message

To the Members of the California State Senate: 

I am returning Senate Bill 1136 without my signature.

 

This bill expands the environmental review process for California Air Resources Board (CARB) regulations that require the reduction in emissions of greenhouse gases, criteria air pollutants, or toxic air contaminants.

 

I share the author's goal in seeking ways to streamline and accelerate critical projects to reduce greenhouse gas emissions. However, this bill restricts CARB from using standard California Environmental Quality Act streamlining tools for environmentally beneficial regulations.

 

In addition, this bill would create significant delays in the promulgation of environmentally beneficial regulations. This bill also exposes state and local public agencies to new litigation risks and results in millions of dollars in costs not accounted for in the budget.

 

With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety and safety-net programs.

 

The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. For these reasons, I cannot sign this bill.

 

Sincerely,

 

Gavin Newsom

View Governor's veto message here

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1136

2022 - SB 457 (Portantino, Anthony), Personal Income Taxes: Credit: Reduction in Vehicles (Vetoed)

Summary

Would have allowed, for taxable years 2023 through 2027, a credit against personal income taxes to a qualified taxpayer in an amount equal to $1,000 for each household with zero registered vehicles, as defined.

View full bill text here

 

Governor’s Veto Message

To the Members of the California State Senate: 

I am returning Senate Bill 457 without my signature.

This bill creates a $1,000 tax credit for households with no registered vehicles until the 2028 tax year and makes the credit refundable or eligible for carry over.

Addressing climate change is one of our state's highest priorities. We have made historic investments in programs to reduce emissions and improve public transportation. I support approaches to incentivize a transition from vehicles to more sustainable transportation, however the estimated cost to implement this bill is nearly one billion dollars per year and is not accounted for in the budget.

With our state facing lower-than-expected revenues over the first few months of this Appropriations year, it is important to remain disciplined when it comes to spending, particularly spending that is ongoing. We must prioritize existing obligations and priorities, including education, health care, public safety, and safety-net programs.

The Legislature sent measures with potential costs of well over $20 billion in one-time spending and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with a significant Appropriations impact, such as this measure, should be considered and accounted for as part of the annual budget process.

For these reasons, I cannot sign this bill.

Sincerely, 

Gavin Newsom

View Governor’s veto message here

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457

2022 - AB 2438 (Friedman, Laura), Transportation Funding: Guidelines and Plans (Vetoed)

Summary

Would have required specified state transportation programs to incorporate strategies from the Climate Action Plan for Transportation Infrastructure (CAPTI) into program guidelines, as provided, and required the California Transportation Agency, the California Transportation Commission, and the California Department of Transportation to establish new transparency and accountability guidelines for certain transportation funding programs, as specified.

View full bill text here

 

  • Category: Transportation Planning, Land Use, and Housing

Governor’s Veto Message

To the Members of the California State Assembly: 

I am returning Assembly Bill 2438 without my signature.

This bill requires the alignment of certain transportation funding programs with the Climate Action Plan for Transportation Infrastructure (CAPTI) adopted in July 2021, and requires additional public transparency procedures in the project selection process for various transportation programs.

While I share the goal of addressing the impacts of the transportation sector on climate change, this bill is unnecessary. Work is well under way at the California State Transportation Agency (CalSTA), the California Department of Transportation (Caltrans) and the California Transportation Commission to align funding programs in the bill with CAPTI, with several actions already completed.

CalSTA is committed to reviewing outcomes and integrating public feedback in future years to make modifications to CAPTI, as necessary, to meet the needs of the statewide transportation system. Linking these programs in statute to a specific iteration of this plan inhibits the state's ability to appropriately respond to the evolution of the state's response to climate change.

A draft Annual Report on CAPTI Implementation Progress will be released in October of this year, outlining the progress made on CAPTI implementation since its adoption last July. My Administration will continue collaborating with transportation stakeholders to increase program funding accountability and transparency as well as enhance financial planning for climate change impacts to transportation infrastructure.

For these reasons, I cannot sign this bill.


Sincerely, 

Gavin Newsom

View Governor’s veto message here

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2438

2022 - Assembly Bill 1322 (Rivas, Robert), California Global Warming Solutions Act Of 2006: Aviation Greenhouse Gas Emissions Reduction Plan. (Vetoed)

Summary 

Would have required CARB, by July 1, 2024, to develop a plan to reduce aviation greenhouse gas emissions, including a sustainable fuels target for the aviation sector of at least 20 percent by 2030. The bill would have required the plan to include strategies to increase adoption of sustainable aviation technologies, and incentive amounts necessary to encourage aircraft to use cleaner fuels. Finally, the bill would have required CARB, by July 1, 2024, upon appropriation by the Legislature, to implement the plan.

View full bill text here

 

Governor’s Veto Message 

To the Members of the California State Assembly:

I am returning Assembly Bill 1322 without my signature.

 

This bill requires the California Air Resources Board (CARB), on or before July 1, 2024, to develop a plan to reduce greenhouse gas emissions through the production and use of sustainable aviation fuels. This bill would also require CARB, on or before July 1, 2024, to commence implementation of the plan to achieve these goals.

 

While my Administration appreciates the intent of this bill, there are existing opportunities for credit generation from sustainable aviation fuel production under the state's Low Carbon Fuel Standard.

 

For these reasons, I cannot sign this bill.

 

Sincerely,

Gavin Newsom

View Governor's veto message here

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2022 – Assembly Bill 1951 (Grayson, Timothy), Greenhouse Gas Reduction Fund: Sales and Use Tax: Exemptions: Manufacturing (Vetoed)

Summary 

Would have converted the current General Fund (GF) sales and use tax (SUT) partial exemption for the purchase of manufacturing equipment into a full exemption by exempting the local and district portions of the existing SUT to incentivize manufacturing within the State. The full exemption would have commenced on January 1, 2023, and end on January 1, 2028, at which time the partial exemption would have been re-instated through 2030. As related to CARB, this bill would have maintained the annual transfer of specified moneys dedicated to backfilling the manufacturing SUT exemption from the Greenhouse Gas Reduction Fund to the GF.

View full bill text here

 

Governor’s Veto Message

To the Members of the California State Assembly:

I am returning Assembly Bill 1951 without my signature.

 

This bill replaces the current partial manufacturing sales tax exemption with a full exemption until January 1, 2028. This change would result in substantial revenue loss to local governments, which impacts essential health, safety, welfare, and transportation services. Assuming there are no changes in taxpayer behavior, local agencies are estimated to lose over half a billion dollars each year.

 

As a strong supporter of California 's business climate and manufacturing industry, I agree with the intent of this bill to invest in California's economy, incentivize innovation, and spur a manufacturing marketplace that is competitive nation-wide. However, we cannot ask our local governments to bear this loss in revenue.

 

With our state facing lower-than-expected revenues over the first few months of this fiscal year, it is important to remain disciplined. The Legislature sent measures with potential costs of well over $20 billion in one-time spending commitments and more than $10 billion in ongoing commitments not accounted for in the state budget. Bills with significant cost pressures, such as this measure, should be considered as part of the annual budget process. For these reasons, I cannot sign this bill.

 

I look forward to working with the Legislature and stakeholders to propose something on this topic next year.

 

Sincerely,

Gavin Newsom

View Governor’s veto message here

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1951

2021 – Assembly Bill 1147 (Friedman, Laura), Regional Transportation Plan: Active Transportation Program (Vetoed)

Summary

Among other provisions, would have expanded the content of CARB’s SB 150 Progress Report on the SB 375 program; would have required metropolitan planning organizations to submit data for the report, as feasible; would have required additional collaboration on the Strategic Growth Council’s AB 285 Report on the California Transportation Plan and Sustainable Communities Strategies (SCS); would have required local governments to submit a progress report one year after an SCS is accepted; and would have required the Department of Transportation to submit a proposal for a bicycle highway pilot program. Vetoed by the Governor.

View full bill text here

Governor’s Veto Message

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

View Governor’s veto message here

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1147

2021 - Assembly Bill 416 (Kalra, Ash), California Deforestation-Free Procurement Act: public works projects: wood and wood products (Vetoed)

Summary

Would have established the California Deforestation-Free Procurement Act. The bill would have required a contractor, and specified subcontractors, for any contract entered, extended, or renewed on or after January 1, 2024, contracting with a State agency for the procurement of products comprised wholly or in part of forest-risk commodities, to certify that the commodities were not grown, derived, harvested, reared, or produced on land where tropical deforestation occurred on or after January 1, 2022.

View full bill text here

Governor’s Veto Message

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

View Governor's veto message here

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