By: Andres Ramirez, Senior Associate Lobbyist
Townsend Public Affair, Inc.
As we head into 2024, the second year of a two-year legislative cycle, there are a number of factors that one must consider when advocating in the State Capitol. Over the course of the past year, the California State Legislature has seen a number of significant changes: waves of new members in its two-chamber body, internal selections of who leads the respective chambers, and subsequent appointments to leadership positions, including several new policy committee chairs. These changes have shifted the political dynamics of the State Capitol, dynamics that are important for any public agency hoping to successfully advocate for its priorities in the upcoming legislative year.
First, we must set the stage with an understanding of term limits in California, and what has been dubbed by some, as the California State Legislature’s “Great Resignation” of 2022:
At the 1990 General Election, Proposition 140 was passed by the state’s voters, which changed the State Constitution to create term limits for Members of the California Legislature. Proposition 140 limited the amount of time that an individual could serve in the Legislature to three terms in the Assembly and two terms in the Senate. This was a significant shift that greatly impacted the policy making process, as prior to Proposition 140 a handful of long-serving legislators were able to dominate the policies that were approved in California. Fast forward to 2012, California voters passed Proposition 28, which replaced the Proposition 140 term limits with a total term limit of 12 years, which could be served in either the Assembly, the Senate, or a combination of the two Houses. The goal of this reform was, in part, to bring about more professional continuity for the Legislature as a whole.
As one can see from the Cal Matters graph below (not indicative of the final number of State Legislators who did not run in 2022), the level of attrition grew significantly over the three previous election cycles as the first group of legislators that were subject to the new Proposition 28 provisions started to reach their term limits .
2023 saw the halls of power in Sacramento filled with 34 new Legislators, 27 Assembly Members and 7 Senators, which represented a turnover of more than 25%. While many may attest that this “Great Resignation” is a rare case – created by coupling term limits with the decennial redistricting process and a number of “higher-office” opportunities that opened up – with every election, we know there will be a new wave of first-time legislators coming in. While some organizations or advocates may see this as a burden, it is most productive to view this as an opportunity. An opportunity to ingratiate oneself and one’s organization, and to educate new Legislators on policy prerogatives that matter to you.
The second factor we must understand is how the shakeups of 2022/2023 have made it so that new Leaders of the State Legislature could emerge:
New legislators coming in and replacing experienced lawmakers, means one thing: some allegiances are gone, and some new ones are ripe to form. These exact dynamics presented a perfect opportunity for now-Speaker of the Assembly, Robert Rivas, to successfully cement his place as leader of the 80-member body. When then-Assembly Agriculture Chair Rivas first challenged Speaker Anthony Rendon for the chamber’s head spot in 2022, the outcome did not seem conclusive. Mr. Rivas was given the title of “Speaker Designee” and Mr. Rendon would retain power for a relatively lengthy period, before a formal transition could take place. Once the November 2022 election results were certified and Members came to Sacramento for their December swearing-in ceremony, the new body solidified their selection of Speaker Rivas to lead their chamber.
Speaker Rivas’s background provides us with some context into how he has, and how he plans to continue running the Assembly. Rivas was raised in Paicines, California, where his grandfather was a farmworker at Almaden Vineyards. Rivas and his brother grew up in farmworker housing, cared for by their single mother and beloved grandparents, who emigrated from Mexico in the 1960s in search of the California Dream. As a child, Rivas watched his grandfather stand side-by-side with Cesar Chavez, Dolores Huerta, and the UFW as a leader in the fight to win fair contracts for farmworkers. Rivas’ grandfather was known for his passionate advocacy on behalf of his fellow workers, but also for his ability to work with owners to negotiate contracts acceptable to both sides.
The Speaker’s background, deep involvement in Latino issues, and former role as Vice-Chair of the powerful Latino Legislative Caucus, demonstrate a deep seeded belief in equitable representation and diversity in leadership roles, while maintaining a willingness and aptitude for deal-making in the best interest of all Californians. Additionally, his appointment of Members (who did not vote for him in his run for Speakership) to high-powered committee chair roles, demonstrates a focus on rational policy over personal politics.
In addition to a newer Speaker, it has been announced that Senate Majority Leader Mike McGuire will assume the role of Senate President Pro Tem on February 5. With this transition, there are likely to be a number of shifts in key leadership positions and committee chair roles when he takes the helm of the 40-member chamber.
Finally, we need to examine the changes that have come from the new Speaker:
At the end of November, Speaker Rivas announced a number of significant changes to key committee roles. Perhaps most notably, were the appointments of Assembly Member Jesse Gabriel to Chair the Assembly Budget Committee, Assembly Member Buffy Wicks to Chair the Appropriations Committee, Assembly Member Chris Ward to Chair the Housing and Community Development Committee, Assembly Member Juan Carrillo as Local Government Chair (this appointment happened earlier in the year), and Assembly Member Cecelia Aguiar-Curry as Majority Leader.
The Speaker has reported that the new leadership team in the Assembly is making history, and below are a few of the statistics he announced:
- 23 women in leadership positions.
- 14 women of color in leadership positions.
- 31 Assembly Members of color in leadership positions: including nearly two-thirds of committee chairs.
- 18 California Latino Legislative Caucus members in leadership positions.
Furthermore, there has been speculation that the Speaker has a desire to cut back on the amount of bills that each Assembly Member introduces each year. Typically, there are well over 2,000 bills introduced between both chambers every year. There are split sentiments about the quantity of bills every year which results in a significant amount of legislative staff time, as well as State Agency and Department staff time, analyzing the potential programmatic and fiscal effects of said bills. One reason that the Speaker may want to limit the number of bills introduced may be due to another rumor swirling around the Capitol that all Assembly Committees will be required to grant a hearing to every bill that is referred to them. Meaning committee chairs would no longer have the ability to keep a bill from being considered (whether for policy or political reasons). While we will have to wait and see if any of these changes are actually implemented, it is reasonable to assume that Speaker Rivas will not be afraid to make changes to the Assembly’s makeup or proceedings, especially where he deems practices ineffective or wrong.
In all, one should take away the following considerations for the purposes of successful advocacy going forward:
- The Legislature has many new members who are likely more receptive to unique policy ideas than those who have been in office for longer. Use that to your advantage and set up meetings to develop relationships with them and their staff while the opportunities present themselves.
- New leadership and committee chairs are more diverse than ever. It would suit an organization or individual well to understand how their background and unique lived experiences might affect their policy focuses and worldviews.
- Prepare to have bill proposals well thought out. While it is always important to be prepared when pitching a bill idea to a Legislator or staff, rumors of consolidated bill packages mean it could be tougher to find a suitable bill author. Try to have your policy idea pre-vetted by as many stakeholders as possible, garner a group of core supporters, and be willing to express your organization’s desire and willingness to be an active contributor in the legislative process, rather than one who pitches an idea then stands on the proverbial sideline to watch.
- If you are not sponsoring a bill and are focused solely on providing feedback on existing bills, the same basic principles apply as they do for number three, above. Have your feedback or suggested bill amendments well thought out. If you can, have as many stakeholders as possible back your suggested amendments and have a uniform voice on those changes. Be ready to either remove opposition completely from the bill or even support it, if you secure the amendments that you sought out. This is a sign of good-faith partnership and will ensure that Legislators and staff view you as a thought partner.