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Council hears bill and regulation updates: AB 5, SB 391, SB 358, TB 117 federal bill and rulemaking timelines
Summary
Policy staff reviewed pending and enacted legislation affecting the bureau (AB 5, SB 358, SB 391, SB 3551/SB 3551‑style federal package for TB 117), described rulemaking status for AB 2138 and household mover regulations, and noted outreach and FAQ postings for AB 2998.
Policy managers summarized legislative and regulatory developments affecting the bureau.
On AB 5, staff said the new law codifies the ABC test for worker classification and noted it may interact with household-mover subcontracting practices; staff advised affected parties to consult the state Division of Labor Standards Enforcement for applicability questions. Staff also discussed SB 358 language (listed in the meeting as SB 3 58) that recognizes bureau-regulated vehicles in DMV authorities; they said the change was technical and not intended to change prior responsibilities.
The council was briefed on SB 391 (signed) authorizing special investigators to issue notices to appear for misdemeanor Household Movers Act offenses effective Jan. 1; staff said investigators will have enhanced citation tools for sting operations. Staff said a federal bill to adopt TB 117-2013 as a national standard was expected to be packaged with other consumer-protection bills and could go to the Consumer Product Safety Commission for implementation if enacted.
On regulations, staff said AB 2138-related regulation packages (substantial-relationship and rehabilitation criteria) and the household-mover regulation package are in Department of Consumer Affairs executive review and must meet mandated timelines; law-label regulation work is ongoing and could take up to two years to finalize. Policy staff also said the bureau posted revised AB 2998 FAQs on Oct. 12 and does not expect further revision at this time.
