The Crush - April 2020 - 3

COVID-19 * STATE
Writing Laws and Regulations During a Pandemic
CALIFORNIA LEGISLATURE AND REGULATORY AGENCIES: NOT BUSINESS AS USUAL
By Michael Miiller
This pandemic is something we have never experienced. We
are all reacting to the COVID-19 crisis in real time with the clear
understanding that it is futile to predict what happens next. But
also reacting with the goal of just getting through it and knowing
that normalcy will return, hopefully as soon as possible.
The California Legislature and regulatory agencies are trying
to figure out how to do their work while also being safe and
helping to flatten the curve. Below are some actions that would
normally occur this time of year that are not occurring during
this pandemic.
STATE BUDGET
Gov. Newsom released his proposed budget in January. That
budget has been scrapped and the governor will release a revised
budget in May. The revised budget will likely be stripped back
substantially due to reduced revenues and increased costs related
to the pandemic. Normally, the Legislature would be holding
budget hearings at this time. But that would seem pointless
given the gravity of the expected changes coming in May. The
Legislature is required to pass a budget by June 15 and the
governor has until June 30 to approve that budget.
LEGISLATIVE SESSIONS
The Legislature is out at least until May 4 - possibly longer. This
means that bills cannot be passed by either the Assembly or the
Senate. The Legislature is exploring the potential of conducting
remote meetings of their respective houses. As you can imagine,
there are logistical problems in holding remote hearings of 80
assemblymembers and 40 senators representing the entirety of
the Golden State. There are also potential legal problems, as the
Legislature is required to meet in public and make meetings
available online.
COMMITTEE HEARINGS
No bills are being heard in committees. Assemblymembers and
senators are asked to prioritize their bills, and several lawmakers
have stated that many of their bills can just wait. Additionally,
some committee chairs have stated they want to focus only on
critical bills related to the pandemic. However, defining what is
related to the pandemic may be very subjective.
THE STATE CAPITOL
Legislative staff are working remotely, but continue to do
their jobs. A major focus of their jobs is the current crisis. This

involves helping facilitate
communications between the
state and cities and counties in
their districts. Staff are fielding
hundreds of calls and emails
daily from residents who have
questions about health services,
job loss, paying their rent, taxes,
small business loans, and much
more. Staff are also continuing to
have stakeholder conference calls
about their bills and negotiating amendments to legislation.
REGULATORY AGENCIES
Staff for regulatory agencies are also working from home. Most
of those agencies are not holding public meetings or hearings.
However, they are continuing to consider new regulations as
they are required by law to take specific actions in a defined
timeline. Many industry associations (including CAWG) have
pressed for extended opportunities to respond to proposed
regulations in light of the pandemic. Below are two examples of
current regulatory challenges.
*	 The Cal/OSHA Health and Safety Standards Board recently
approved a regulation requiring use of N95 masks during a
wildfire, even though no masks may be available due to the
pandemic.
*	 Additionally, the California Fish and Game Commission is
considering a proposed regulation that would list mountain
lions along the Central Coast as threatened under the
California Endangered Species Act. This would mean that
Central Coast growers could potentially face prosecution for
shooing a mountain lion away from workers in the vineyard.
With an eye to the near future, it seems likely that the Legislature
and regulatory agencies are going to show restraint on issues
that are not related to COVID-19. This is not a business as usual
situation. Their primary focus will likely be on the immediate
crisis.
The bottom line is that regulators and lawmakers on both sides
of the aisle are human beings sharing the same anxieties and
stresses relative to the crisis as the rest of us. Our shared goal is to
drive through this and put the pandemic in our rearview mirror
as soon as we can.

APRIL 2020 / 3
The Crush - April 2020

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