Assembly leader promises to study how CA’s new laws work

from Dan WaltersCalMatters

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The California Legislature not only habitually legislates without considering the downside risksit also rarely checks whether these new laws are delivering the promised results.

The latter is called “surveillance,” and although lawmakers often tout its benefits, they rarely apply it seriously. So-called “scrutiny hearings” are often just an exercise in self-congratulation or a means of sharpening political axes, rather than objective efficacy studies.

Robert Rivasthe speaker of the state assembly, says he wants to make real oversight a regular practice starting next year, calling it a “performance review.”

“Passing laws is just the first step,” Rivas said in a statement when he announced the new effort. “The real test is making sure they work. Gone are the days when laws can be signed and forgotten. The Results Review tool empowers Assembly members to measure real-world results, engage directly with residents and refine our decisions for greater impact. It’s a forward-looking approach to oversight that every 21st-century legislature should embrace.”

The program includes identifying specific laws to be addressed, scheduling hearings and community meetings to invite public comment on how the targeted laws are working, and finally, announcing what has been learned and what, if any, changes need to be made to make the laws more effective.

Rivas said the new process will begin with four measures:

• Assembly Bill 744adopted in 2019 and ported by Rep. Cecilia Aguiar-CurryD-Davis, requires health insurers to cover medical exams over the Internet in the same way as in-person treatments.
• AB 2011measure from 2022 MP Buffy WeeksDemocrat from Oakland, makes it easier to build housing for low-income families in commercial areas.
• AB 488Act of 2021 created by Jackie Irwin MPDemocrat from Thousand Oaks, allows the state Department of Justice to regulate online charitable appeals.
• AB 457a measure adopted this year and implemented Deputy Esmeralda SoriaMerced Democrat, streamlines farm worker housing permits.

On paper, what Rivas is proposing makes a lot of sense. The legislature has always had to test the effects of its decrees, rather than assuming that what it does will automatically have the desired effects.

However, it appears that lawmakers will have to voluntarily submit their bills for scrutiny, which could mean that only the apparently successful ones will be put through the process.

It’s hard to believe that turkeys — measures that are publicity stunts or paying off campaigners, for example — will be scrutinized, much less those with unintended and negative consequences.

If Rivas is serious about oversight, the most controversial measures should be on the list, even if their authors are not volunteers.

One of many examples: a a measure signed by Gov. Gavin Newsom in 2023 which raises the minimum wage for fast food workers to $20 an hour. Since it went into effect, unions and the fast food industry have struggles for its impact.

The unions, backed by research from pro-union academics, argue the law increases economic security for fast-food workers without negatively impacting employment or food prices. The industry counters that it has cut fast-food jobs, accelerated the adoption of labor-saving technologies and forced stores to raise prices.

The situation requires an objective investigation as part of a supervisory process. California has two watchdogs that could provide it, the State Auditor and the Office of the Legislative Analyst.

To be taken seriously, the Assembly’s new oversight process will have to deal with difficult bills, not just low-hanging fruit, and ensure that measures are rigorously and authoritatively scrutinized.

This article was originally published on CalMatters and is republished under Creative Commons Attribution-NonCommercial-No Derivatives license.