Historical Look at Special Sessions in California

Historical Look at Special Sessions in California By Chris Micheli

In California, the Governor can call the Legislature into a Special Session (formally called an Extraordinary Session) pursuant to Article IV, Section 3(b) of the state Constitution. Looking over the past thirty years, the following are the Special Sessions by year and topic.

2023-24 Legislative Session

2024 – Second Extraordinary Session

To consider and act upon legislation necessary to: a. Authorize the California Energy Commission to adopt regulations that would require California refiners of transportation fuels to demonstrate resupply plans and arrangements that are adequate to address losses in production from refinery maintenance before planned maintenance may be scheduled and permitted, while also accounting for protecting the health and safety of refinery employees and the public. b. Authorize the California Energy Commission to impose minimum inventory requirements on refiners to keep transportation fuel supply stable. c. Make other necessary changes to reaffirm and strengthen the authority of the California Energy Commission and the Division of Petroleum Market Oversight to implement the provisions of SBx1-2, including by modifying the advisory committee that informs those agencies’ action. d. Make conforming changes to existing law consistent with paragraphs (a), (b), and (c).

2023 – First Extraordinary Session

To consider and act upon legislation necessary to: a. Deter price gouging by oil companies by imposing a financial penalty on excessive margins, with any penalties collected to be returned to Californians. b. Empower the Energy Commission and the Department of Tax and Fee Administration to more closely review and evaluate costs, profits, and pricing in the refining, distribution, and retail segments of the market for gasoline in California. c. Provide for greater regulatory oversight of the refining, distribution, and retail segments of the market to prevent avoidable supply shortages and excessive price increases. d. Make conforming changes to existing law consistent with paragraphs (a), (b), and (c).

2021-22 Legislative Session

None

2019-20 Legislative Session

None

2017-18 Legislative Session

None

2015-16 Legislative Session

2015 – Second Extraordinary Session

To consider and act upon legislation necessary to enact permanent and sustainable funding from a new managed care organization tax and/or alternative fund sources to provide: a. At least $1.1 billion annually to stabilize the General Fund’s costs for Medi−Cal; and b. Sufficient funding to continue the 7 percent restoration of In−Home Supportive Services hours beyond 2015−16; and c. Sufficient funding to provide additional rate increases for providers of Medi−Cal and developmental disability services. To consider and act upon legislation necessary to: a. Establish mechanisms so that any additional rate increases expand access to services; and b. Increase oversight and the effective management of services provided to consumers with developmental disabilities through the regional center system; and c. Improve the efficiency and efficacy of the health care system, reduce the cost of providing health care services, and improve the health of Californians.

2015 – First Extraordinary Session

To consider and act upon legislation necessary to enact pay−as−you−go, permanent and sustainable funding to: a. Adequately and responsibly maintain and repair the state’s transportation and other critical infrastructure; and b. Improve the state’s key trade corridors; and c. Complement local efforts for repair and improvements of local transportation infrastructure. To consider and act upon legislation necessary to: a. Establish clear performance objectives measured by the percentage of pavement, bridges, and culverts in good condition; and b. Incorporate project development efficiencies to expedite project delivery or reduce project costs.

2013-14 Legislative Session

2014 – Second Extraordinary Session

To consider and act upon a constitutional amendment to be placed before the state’s voters at the November 2014 election to strengthen the state’s Rainy Day Fund. The Rainy Day Fund should: a. Increase deposits when the state experiences spikes in capital gains revenues, the state’s most volatile tax revenue. b. Allow supplemental payments to accelerate the state’s payoff of its debts and liabilities. c. Create a Proposition 98 reserve to smooth school spending and avoid future cuts. d. Raise the maximum size of the Rainy Day Fund to 10 percent of General Fund revenues. e. Limit withdrawals to ensure the state does not overly rely on the fund at the start of a downturn.

2013 – First Extraordinary Session

To consider and act upon legislation necessary to implement the federal Patient Protection and Affordable Care Act (Public Law 111−148), as amended by the Health Care and Education Reconciliation Act of 2010 (Public Law 111−152), in the following areas: a. California’s private health coverage market, and rules and regulations governing the individual and small group markets related to guaranteed issue of coverage, pre−existing condition exclusions, rating restrictions, and any other requirements necessary to conform state law to federal rules. b. California’s Medi−Cal program and changes that are necessary to implement federal law, including requirements for eligibility, enrollment, and retention. c. Options that allow low−cost health coverage to be provided to individuals who have income up to 200 percent of the federal poverty level within the California Health Benefit Exchange, to the extent allowed by federal law or regulations.

2011-12 Legislative Session

2011 – First Extraordinary Session – Fiscal Emergency

General Fund revenues for Fiscal Year 2010−11 will decline substantially below the estimate of General Fund revenues upon which the Budget was based, and General Fund expenditures will increase substantially above the estimate of General Fund revenues, and further, that this will create a carry−over deficit affecting the cash reserves and the budget for Fiscal Year 2011−12.

2009-10 Legislative Session

2010 – Eighth Extraordinary Session – Fiscal Emergency

General Fund revenues for Fiscal Year 2009−10 will decline substantially below the estimate of General Fund revenues upon which the Amended Budget was based, and as the result of unachieved budget reductions, General Fund expenditures will increase substantially above the estimate of General Fund revenues.

2009 – Seventh Extraordinary Session

1. To consider and act upon legislation to protect and restore the Sacramento−San Joaquin Delta while also improving the reliability and quality of water supplies from that estuary. 2. To consider and act upon legislation to address the short term and long term improvement of California’s water management system including development of new surface and groundwater storage and improved conveyance facilities, ecosystem health and conservation strategies. 3. To consider and act upon legislation to appropriate funds, including appropriations for general obligation and lease revenue bonds, to improve water resource management, build additional water storage facilities, develop groundwater aquifers, improve groundwater quality and flood protection, and restore the Sacramento−San Joaquin Delta and other important ecosystem restoration projects. 4. To consider and act upon legislation to place a general obligation bond and, as necessary, a lease revenue bond on the ballot.

2009 – Sixth Extraordinary Session

1. To consider and act upon legislation to address and improve the state tax system, including but not limited to the following: establish a tax structure that fits with the state’s 21st century, stabilize state revenues and reduce volatility, promote the long−term economic prosperity of the state and its citizens, improve California’s ability to successfully compete with other states and nations for jobs and investments, reflect principles of sound tax policy, and ensure that the tax structure is fair and equitable. 2. To consider and act upon legislation to address the creation of a Secretary of Service and Volunteerism.* 3. To consider and act upon legislation to provide for pension reform.*

2009 – Fifth Extraordinary Session

1. To consider and act upon legislation to address the federal Race to the Top eligibility requirements and guidelines, and other changes necessary to secure federal funding.

2009 – Fourth Extraordinary Session – Fiscal Emergency

General Fund revenues for Fiscal Years 2008−09 and 2009−10 will decline substantially below the estimate of General Fund revenues upon which the 2009 Budget Act was based.

2009 – Third Extraordinary Session – Fiscal Emergency

General Fund revenues for Fiscal Year 2008−09 will decline substantially below the estimate of General Fund revenues upon which the 2008 Budget Act was based.

2009 – Second Extraordinary Session

1. To consider and act upon legislation to address the economy, including but not limited to efforts to stimulate California’s economy and create and retain jobs. 2. To consider and act upon legislation to address the housing mortgage crisis. 3. To consider and act upon legislation to address the solvency of the Unemployment Insurance Fund. 4. To consider and act upon legislation to address inefficiencies in state and local governments and to streamline state and local government operations.

2009 – First Extraordinary Session – Fiscal Emergency

General Fund revenues for Fiscal Year 2008−09 will decline substantially below the estimate of General Fund revenues upon which the 2008 Budget Act was based.

2007-08 Legislative Session

2008 – Fourth Extraordinary Session

1. To consider and act upon legislation to address fiscal and budget–related matters. 2. To consider and act upon legislation to address the economy, including but not limited to efforts to stimulate California’s economy and create and retain jobs. 3. To consider and act upon legislation to address the housing mortgage crisis. 4. To consider and act upon legislation to address the solvency of the Unemployment Insurance Fund.

2008 – Third Extraordinary Session – Fiscal Emergency

General Fund revenues for Fiscal Year 2007–08 will decline substantially below the estimate of General Fund revenues upon which the 2007 Budget Bill was based.

2007 – Second Extraordinary Session

1. To consider and act upon legislation to protect and restore the Sacramento–San Joaquin Delta while also improving the reliability and quality of water supplies from that estuary. 2. To consider and act upon legislation to address the short term and long term improvement of California’s water management system including the development of new surface and groundwater storage and improved conveyance facilities. 3. To consider and act upon legislation to appropriate funds, including appropriations for general obligation and lease revenue bonds, to improve water resource management, build additional water storage facilities, develop groundwater aquifers, improve groundwater quality and flood protection, and restore the Sacramento–San Joaquin Delta and other important ecosystem restoration projects. 4. To consider and act upon legislation to place a general obligation bond and, as necessary, a lease revenue bond on the ballot.

2007 – First Extraordinary Session

1. To consider and act upon legislation to comprehensively reform California’s health care system that relies on shared financing and contributions from individuals, employers, health providers, federal, state and local government, and others. 2. To consider and act upon legislation that will provide for health care coverage for all Californians and access to health insurance without regard to medical history. 3. To consider and act upon legislation to make health care more affordable by: (a) reducing the cost to employers and insured individuals associated with uncompensated health care services delivered to the uninsured and low Medi–Cal reimbursement rates, (b) preventing chronic diseases, and (c) promoting more cost effective health care delivery. 4. To consider and act upon legislation to modify or extend existing programs to provide for a transition to comprehensive health care reform. 5. To consider and act upon legislation to address fiscal and budget–related matters.

2005-06 Legislative Session

2006 – Second Extraordinary Session

1. To consider and act upon legislation to transfer low-risk women inmates out of state prison and into community correctional facilities. 2. To consider and act upon legislation to appropriate funds, including appropriations for lease-revenue bonds, to build additional prisons. 3. To consider and act upon legislation to establish and fund secure re-entry facilities. 4. To consider and act upon legislation to expedite and streamline the state contracting process for implementing programs and construction of additional prisons and secure re-entry facilities.

2005 – First Extraordinary Session

1. To consider and act upon a Constitutional amendment to be placed before the voters and related legislation to reform the State’s budget process so that government will be better able to keep spending within the amount of available revenues and thereby avoid budget deficits, and to require reductions in state expenditures when they exceed State revenues; and 2. To consider and act upon a Constitutional amendment to be placed before the voters and related legislation to reform the pension systems for future government employees from one that provides retirees a defined retirement benefit, to one that requires the state to pay a defined or fixed contribution each year into employee pension accounts; and 3. To consider and act upon a Constitutional amendment to be placed before the voters and related legislation to reform education by basing employment decisions concerning school teachers and administrators, including their compensation, on their successful performance not their longevity of service and to require more fiscal transparency and accountability on the part of local school districts; and 4. To consider and act upon a Constitutional amendment to be placed before the voters and related legislation that will reform the process of drawing California’s legislative, congressional, and Board of Equalization districts in order to ensure that the process of apportioning legislative, congressional, and Board of Equalization districts is fair and equitable and free of undo political or partisan influences.

2003-04 Legislative Session

2003 – Fifth Extraordinary Session

To consider and act upon legislation relative to placing before the voters in the election to be held March 2, 2004, a general obligation bond to repay, restructure and finance California’s budget deficit recovery; To consider and act upon a Constitutional amendment to be placed before the voters in the election to be held March 2, 2004, a limit on government spending to prevent a future budget deficit, establish a reserve fund, and vest extraordinary powers in the Governor and Director of Finance in times of fiscal emergency; and To consider and act upon legislation relative to funding the offset of the motor vehicle license fee from the General Fund.

2003 – Fourth Extraordinary Session

To consider and act upon legislation relating to reform of California’s workers’ compensation system.

2003 – Third Extraordinary Session

To repeal Senate Bill 60 (Cedillo), an act to amend Sections 1653.5, 12800, 12801, 12814.5, and 13000 of, and to add Sections 12801.2 and 12801.9 to, the Vehicle Code, relating to vehicles, that was signed into law by the Governor on September 5, 2003 and filed with the Secretary of State on September 8, 2003.

2003 – Second Extraordinary Session

For consideration and adoption of legislation to amend the provisions of the Public Resources Code which provide for appointment and removal of members of the Coastal Commission.

2003 – First Extraordinary Session

1. To consider and act upon legislation to reduce General Fund expenditures and take other actions as necessary to address the budget shortfall. 2. To consider and act upon legislation to reorganize and consolidate state operations. 3. To consider and act upon legislation related to protecting access to services in local, public, health care delivery systems.

2001-02 Legislative Session

2002 – Third Extraordinary Session

1. Enact current–year General Fund spending reductions as specif ied in the November 2001 “Proposed Reduction in 2001–02 Spending.” 2. Enact further General Fund spending reductions identified for 2001–02. 3. Make recently enacted unemployment benefit increases retroactive to September 11, 2001, accelerate the delivery of certain capital outlay projects to stimulate the creation of jobs by shifting the financing for these projects to lease revenue bonds, and authorize general obligation bonds for critically needed infrastructure.

2002 – Second Extraordinary Session

1. To consider and act upon legislation affecting the availability, supply, consumption, and use of energy in California. 2. To consider and act upon legislation (a) affecting the operation, maintenance, and finances of facilities owned or controlled directly or indirectly by persons, corporations or public entities that provide electricity and natural gas to California residents and businesses, and (b) relating to the assets, liabilities, and financial viability of investor–owned utilities. 3. To consider and act upon legislation affecting the interaction between wholesale and retail markets for energy supply, capacity and reliability. 4. To consider and act upon legislation relating to the roles, functions, and duties of state energy agencies. 5. To consider and act upon legislation protecting the health and safety of California residents with respect to facilities that generate and deliver energy service in California.

2001 – First Extraordinary Session

1. To consider and act upon legislation affecting the availability, supply, consumption, and use of energy in California. 2. To consider and act upon legislation affecting the organization, corporate governance, including finances, and oversight of the California Independent System Operator (CAISO) and the California Power Exchange (CalPX), California not–for–profit corporations. 3. To consider and act upon legislation affecting the operation, maintenance, and finances of facilities owned or controlled directly or indirectly by persons or corporations that provide heat, light, and power to California residents and businesses. 4. To consider and act upon legislation affecting the interaction between wholesale and retail markets for energy supply, capacity and reliability. 5. To consider and act upon legislation protecting the health and safety of California residents with respect to facilities that generate and deliver energy service in California.

1999-2000 Legislative Session

1999 – First Extraordinary Session

1. To consider and act upon legislation to improve the levels of reading achievement among students in the public schools. 2. To consider and act upon legislation to improve the quality of the teaching profession and the quality of school principals in the public schools. 3. To consider and act upon legislation to create an accountability system in the public school.

1997-98 Legislative Session

1997 – First Extraordinary Session

1995-96 Legislative Session

1996 – Fourth Extraordinary Session

1996 – Third Extraordinary Session

1995 – Second Extraordinary Session

1995 – First Extraordinary Session

1993-94 Legislative Session

1993 – First Extraordinary Session

            Finally, of interest is that each special session in the California Legislature uses different colored paper for the official legislative publications, including the Daily File, Daily Journal, and Weekly History for both the State Senate and State Assembly: The following are the colors of the special session legislative publications:

First Special Session – Blue

Second Special Session – Green

Third Special Session – Magenta

Fourth Special Session – Brown

Fifth Special Session – Yellow

Sixth Special Session – Salmon

Seventh Special Session – Goldenrod

Eighth Special Session – Buff

Ninth Special Session – Pink

            Although the California Legislature has had as many of eight (8) special sessions in one 2-year Session, there has never been a Ninth Special Session to date.