New laws taking effect in California January 1, 2021

Through the pandemic, legislative sessions in Sacramento were canceled just as they were across the country, not giving the time needed to add new legislation. As a result, in 2020 Governor Gavin Newsom signed the lowest number of laws since 1967, just 372. In comparison, in 2019 there were 870 new laws, 1016 in 2018 and 859 in 2017.

Many of the new laws are centered around COVID-19, addressing systemic racism, employee rights and policing. For a full list, select 2020 here.

Here are some of the new California laws taking effect January 1:

SB793 - Flavored tobacco ban. Even though passed due to the national outbreak of lung injuries linked to e-cigarettes and cannabis vape products, it will not take effect on January 1. Opponents launched a referendum to overturn it and counties have until Jan. 21 to verify signatures in the referendum effort. If the referendum qualifies for the ballot, voters will decide whether to ban the products in November 2022. If the referendum does not qualify, the ban goes into effect. More information on the bill HERE.

AB 685 - COVID-19 worker protection. The law requires businesses to notify employees within 24 hours if they’ve been exposed at work as well as alerting county public health departments.

SB 855 - California mental health law - state law only required treatment for nine serious mental illnesses. Even before the pandemic, more than half of Californians said most people with mental health conditions couldn’t get the help they needed. Some families even dropped private insurance to qualify for treatment in the public mental health system. California’s new law will expand the list of conditions commercial insurers must cover. It includes medically necessary care for all mental health and substance use disorders.

SB 1196 - Price Gouging. This now covers sellers who only begin selling a product after an emergency is declared, inspired by instances during the pandemic when people bought supplies in bulk and then sold them for much higher amounts. This covers online and in-person sales.

SB1383 - The California Family Rights Act now applies to businesses with at least five employees. It provides for 12 weeks of job-protected leave for health issues, a family’s health condition or bonding with a new child, as long as the employee has worked with the company for at least a year. This used to cover only businesses with at least 50 employees. If both parents of a child work for the same company, each of the parents will receive 12 workweeks leave. Roughly 6 million additional Californians will be able to take family leave with the guarantee that they can come back to their jobs.

AB 1196 - First statewide policy banning police from using a couple of neck restraints: carotid restraints, which temporarily cut off blood flow to the brain, and chokeholds, which temporarily cut off a person’s air. In addition, the state attorney general will investigate incidents in which police kill anyone who is unarmed.

AB 1460 - California State University students are required to take a class in one of four ethnic studies disciplines: Native American studies, African American studies, Asian American studies or Latina and Latino studies. Cal State requiring ethnic studies class before graduation.

AB 2147 - Ex-inmates can now be hired as firefighters. Nearly a third of the people on the frontlines of California wildfires have been state prisoners. Despite their firsthand experience, many couldn’t become firefighters after being released but the process is now easier to hire formerly incarcerated firefighters.

AB 1185 - Sheriff Oversight: Gives county supervisors greater oversight of county sheriffs. "This bill would authorize a county to establish a sheriff oversight board to assist the board of supervisors with those duties as they relate to the sheriff, either by action of the board of supervisors or through a vote of county residents."

Proposition 17 - Passed by the voters in 2019, individuals on parole may now vote.

The next incremental increase of the minimum wage goes up to $14 per hour for employers with 26 or more employees. Businesses with 25 or fewer employers must increase minimum wage to $13 per hour. Minimum wage may be higher in some areas due to local laws. The annual phases go to $15 per hour.

Heavy metals can no longer be in vehicle brake pads. This 2010 law was signed by Gov. Arnold Schwarzenegger and directed manufacturers to phase out using more than 5 percent copper material by 2021. Car and Driver reports Chevy will no longer be able to sell the 2021 Camaro SS, 1LE, and ZL1 models in California, as each use pads with more than that amount of copper.