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Will California's gun law place a target on card networks?

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Will California's gun law place a target on card networks?


The California law would enable tracking of gun purchases.

George Frey/Bloomberg

The large U.S. card networks may be building a merchant code for firearm and ammunition purchases in California — a move which could draw fire from other states where conservative lawmakers have worked to block such a creation.

Visa, Mastercard and American Express are moving ahead with the transaction codes, according to CBS News, adding that these payment codes would enable the card companies to comply with a California law that would enable banks to flag suspicious gun purchases and share that information with authorities. The law goes into effect in 2025.

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The payment companies had considered this approach in the past, but halted work on the codes in March 2023 following resistance from lawmakers in conservative states. More recently, Republican state representatives in Wisconsin have introduced a bill that would ban gun-specific payment codes. Visa, Mastercard, and American Express did not provide comments by deadline. Discover, which was not named in the CBS story, also did not provide comment.  

California’s law would likely require the card networks to have different compliance policies in different states. That’s not unusual, but it does place the companies in the middle of a political fight during an election year, given California’s size and its ability to influence federal policy and laws in other states. 

“Our increasingly fraught and fractious politics are playing out at state level with hard blue states like California and red states imposing their policy preferences on our payment system,” said Eric Grover, a principal at Intrepid Ventures. “National payment systems are going to have to navigate a patchwork of conflicting state-level requirements.”

Payment networks and processors will be able to manage the differences, but it will increase the cost and complexity of running their businesses, Grover said, predicting that policymakers in liberal states such as California and New York will increase tracking and the burden on payments for firearms. “Many pro-Second Amendment red states will ban or limit such tracking,” Grover said. 

California’s law could influence policy elsewhere. 

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There has been a link between California’s early actions on consumer protection regulations and subsequent actions by other states and the Consumer Financial Protection Bureau (CFPB), according to said Stewart Watterson, a strategic advisor at Datos Insights. 

California’s Consumer Privacy Act, passed in 2018, is designed to give consumers more control over the way businesses use their data. Similar laws went into effect in Virginia, Utah and Connecticut in 2023, and in Colorado in 2021.

These laws have pressured payment processors to update policies that manage how consumer data is shared and stored, as well as improve opt-in provisions for consumers to enable data sharing. 

“Overall, California’s early actions in consumer protection have set a precedent and spurred other states and federal agencies to follow suit in enhancing consumer privacy and financial regulations,” Watterson said. 

California is also considering a bill that would affect earned wage access products, which provide early access to payroll. The bill would regulate EWA payments in a manner similar to  traditional loans. 

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California also reached an agreement with earned wage access providers in 2021 under which the companies would share data with regulators, allow examinations and set limits on pricing, sparking several other states to follow suit.

California has had an impact on both conservative and liberal issues, according to Robert Hockett, a law professor at Cornell University, noting tax reforms in California have spread to other states as well as minimum wage hikes. 

“At least as interesting as the effects upon other states in this case, as it happens, might be reactions from Congress, whose Republican members are probably already primed due to the moves in the insurance industry on guns,” Hockett said. In 2023, several jurisdictions — including San Jose — passed laws requiring gun-related insurance. 

There is the potential that California’s market size could affect other states, but on certain issues, especially hot-button issues like gun sales, California’s outsized influence may not be enough to sway other states to follow suit, said James Wester, director of cryptocurrency and cohead of payments at Javelin Strategy & Research. 

“Regulations will simply follow political fault lines,” Wester said, adding that in terms of financial and payment regulation more generally, New York tends to be more influential given its role as a banking capital. 

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Large red states have also passed laws that either aimed for a national influence or indirectly created cross-state pressure. aiming for broader influence. Texas, for example, in the past three years has passed laws that require banks to prove they do not ban gun or ammunition sellers in order to do business with the state. Texas also requires state agencies to not do business with banks that restrict the oil and gas business. 

“Regardless of which state leads on any particular issue, however, this move by California on this [gun] issue demonstrates the complexity of compliance that payment and financial services providers must deal with,” Wester said.



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California

California advances legislation cracking down on stolen goods resellers, auto theft

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California advances legislation cracking down on stolen goods resellers, auto theft


Thursday, May 23, 2024 3:03PM

The California Senate approved a bipartisan package of 15 bills that would increase penalties for organized crime rings and expand drug court programs.

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More batteries, less solar: California's solar turmoil in charts

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More batteries, less solar: California's solar turmoil in charts


California slashed the value of rooftop solar for customers of its three biggest utilities last year — and installations of residential solar systems in the state have fallen to near-three-year lows since then. 

But drawing firm conclusions about how the controversial shift in net-metering policy will shape California’s rooftop solar market over the long term — and affect the state’s grid-decarbonization and energy-equity goals — is a lot more complicated than it looks. 

Just ask Galen Barbose, staff scientist at the Department of Energy’s Lawrence Berkeley National Laboratory. Last week, he released a report compiling the latest data on California’s residential rooftop solar market, including the data point showing a marked drop in installations in the first three months of 2024

Barbose also scrutinized battery-storage attachment rates, the distribution of solar adopters by geography and income, third-party ownership, system sizing, pricing, and installer market share. The goal was to reveal initial empirical insights into how the market has evolved over the past year, confirming some expectations while also revealing several striking surprises,” he wrote in the report. 

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But we have to be careful about not overreaching from the data over this past year,” Barbose stressed in an interview with Canary Media — because this was a strange last year.” 

A year of twists and turns for California rooftop solar

There was a huge rush to apply for and secure interconnections of rooftop solar systems to the grid in the runup to April 2023, when the legacy net-metering (NEM) tariff was officially replaced by the net-billing tariff” (NBT) that the California Public Utilities Commission imposed on customers of Pacific Gas & Electric, Southern California Edison, and San Diego Gas & Electric. 

That caused installations to spike to record levels throughout the spring and summer of 2023, as all of the projects approved under the old tariff got underway. Installations under the legacy tariff continued even through the first quarter of 2024, according to LBNL data. 

Backers of the CPUC’s decision to reduce compensation for rooftop solar argue that California’s solar market remains robust — just not as overheated as during the historical jump in installations last year. 

[T]he much more generous compensation for systems installed before April 15 drove a gold rush during the first three and a half months of 2023,” Severin Borenstein, head of the Energy Institute at the University of California, Berkeley’s Haas School of Business and a foe of the state’s previous net-metering regime, wrote in a blog post last month. Many of those early-2023 buyers would most likely have been later-2023 buyers were it not for the rush to install before April 15 and lock in NEM 2.0 rules.” 

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But there’s also evidence that the far less lucrative economics of the net-billing tariff have severely crimped ongoing prospects for California rooftop solar installers. The rate of installations under the new net-billing tariff have lagged historical rooftop solar installation rates, averaging about 8,000 per month over the first quarter of 2024. That’s a lower rate of rooftop solar installation than in any month under net metering going back to May 2020, according to LBNL’s data. 

In November, the California Solar and Storage Association (CALSSA) reported that monthly solar sales — a more forward-looking data point than installations — fell by 77 to 85 percent between May and September of last year compared to the same months in 2022

The trade group also warned that solar installers expected to have to lay off nearly 17,000 workers, or about 22 percent of the state’s rooftop solar workforce — a level of job losses reminiscent of the Great Depression,” according to Bernadette Del Chiaro, CALSSA’s executive director. 

LBNL’s report includes forward-looking data that backs up CALSSA’s dire forecasts. One such metric is quote activity” — requests for price quotes from customers interested in installing solar. 

Quote requests from online solar marketplace EnergySage spiked before April 2023, then fell to about 60 percent of historical levels from 2019 to 2021. While the EnergySage marketplace may not perfectly represent the California market overall, the fact that quote activity has not meaningfully picked back up is perhaps the clearest signal yet of a substantial and sustained market contraction,” Barbose wrote in his report. 

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LBNL also highlighted data that appears to support a key concern of CALSSA — that the new net-billing regime is harming smaller solar installers. According to the report, only half of the roughly 2,500 companies that installed at least one solar system in the past 12 months have completed a system under the new tariff structure. 



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California advances legislation cracking down on stolen goods resellers and auto theft

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California advances legislation cracking down on stolen goods resellers and auto theft


The California Senate approved a bipartisan package of 15 bills Wednesday that would increase penalties for organized crime rings, expand drug court programs and close a legal loophole to make it easier to prosecute auto thefts.

One proposal would require large online marketplaces — like eBay and Amazon — to verify the identities of sellers who make at least $5,000 profit in a year, an attempt to shut down an easy way to sell stolen goods.

CALIFORNIA LAWMAKER’S MIC CUT OFF WHILE READING BILL TO END SANCTUARY STATE LAWS, SAYS DEMS ‘DON’T CARE’

“This is not a game,” said Senate President Mike McGuire, a Democrat who represents the North Coast, adding that he hopes to get the bills to Gov. Gavin Newsom’s desk within weeks. “We are working together for safer California, putting aside politics and making sure we do right for our communities.”

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It normally takes months for lawmakers to deliver bills to the governor in California, but the commitment to quick actions is driven by a new get-tough-on-crime strategy in an election year that seeks to address the growing fears of voters while preserving progressive policies designed to keep people out of prison.

California state Senator Mike McGuire, D-Healdsburg, right, talks to reporters at the Capitol in Sacramento, Calif., Aug. 28, 2023. California lawmakers on Wednesday, May 22, 2024, advanced more than a dozen bills aimed at cracking down on repeat shoplifters and car thieves, part of a new get-tough-on-crime strategy that seeks to address voter concerns while preserving progressive policies to keep people out of prison. (AP Photo/Rich Pedroncelli)

Large-scale thefts, in which groups of people brazenly rush into stores and take goods in plain sight, have reached a crisis level in the state, though the California Retailers Association said it’s challenging to quantify the issue because many stores don’t share their data.

The Bay Area and Los Angeles saw a steady increase in shoplifting between 2021 and 2022, according to a study of the latest crime data by the Public Policy Institute of California. Across the state, shoplifting rates rose during the same period but were still lower than the pre-pandemic levels in 2019, while commercial burglaries and robberies have become more prevalent in urban counties, according to the study.

Assembly lawmakers also advanced several other retail theft measures Wednesday, including a bill authored by Assembly Speaker Robert Rivas taking aim at professional theft rings. It would expand law enforcement’s authority to combine the value of goods stolen from different victims to impose harsher penalties and arrest people for shoplifting using video footage or witness statements. The measure also would create a new crime for those who sell or return stolen goods and mandate online sellers to maintain records proving the merchandise wasn’t stolen and require some retail businesses to report stolen goods data.

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Lawmakers also passed proposals that would crack down on cargo thefts, restore the district attorney’s authority to go after thieves and resellers who operate beyond their jurisdictions and allow retailers to obtain restraining orders against convicted shoplifters.

All the bills now head to the second chamber before they could reach Newsom’s desk in June.

The advancement of a slew of measures further cements Democratic lawmakers’ rejection to growing calls to roll back progressive policies like Proposition 47, a ballot measure approved by 60% of state voters in 2014 that reduced penalties for certain crimes, including thefts of items valued at under $950 and drug possession offenses, from felonies to misdemeanors.

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Money saved from having fewer people in prison, which totals to $113 million this fiscal year, has gone to local programs to fight recidivism with much success, state officials and advocates said. But the proposition has made it harder to prosecute shoplifters and enabled brazen crime rings, law enforcement officials said. An effort to reform the measure failed in 2020.

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As major national stores and local businesses in California say they continue to face rampant theft, a growing number of law enforcement officials and district attorneys, along with Republican and moderate Democratic lawmakers, say California needs to consider all options, including rolling back the measure. The coalition backing the initiative last month submitted more than 900,000 signatures to put it on the November ballot. The signatures are being verified.



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