COVID Capacity Request, Cal-OSHA Guidance, and CCPA

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The California Credit Union League is requesting the California Department of Financial Protection and Innovation’s (DFPI) assistance with Gov. Gavin Newsom’s office in working to increase the state’s recent 20 percent business capacity restriction to 35 percent for credit unions.

This potential increase in capacity would be for credit unions operating in any of the five regions impacted by the governor’s COVID-19 health order issued last week that’s tied to local COVID-19 hospital ICU capacity (see "CA Governor Issues 'Stay at Home' Orders Aligned with Hospital Capacity"). For background information, you can also view the DFPI’s current business capacity language for financial institutions.

Capacity limits within the governor’s order — set by the state’s Division of Occupational Safety and Health (Cal-OSHA) — say that a credit union can operate at 20 percent of its normal person-capacity level. However, the League has heard and noticed that this limits many credit unions in efficiently and effectively serving their members.

While it is unlikely Cal-OSHA inspectors would enter a credit union branch, under such a circumstance the DFPI would step in as an advocate and support the credit union that was adhering to prudent business practices. If a credit union receives a Cal-OSHA citation, it should email Lisa Quaranta, vice president of regulatory advocacy and compliance at the League.

More information is forthcoming.

Cal-OSHA Emergency COVID-19 Regulations in Effect; FAQ Guidance Issued
On Nov. 30, the California Office of Administrative Law (OAL) reviewed and approved the temporary emergency COVID-19 regulation proposed by Cal-OSHA. The emergency regulation is effective immediately and will be in effect for 180 days unless OAL approves a re-adoption of the emergency regulation during this time period.

In addition, Cal-OSHA issued guidance with Frequently Asked Questions (FAQs), which features thirty-one questions and answers for workplace safety. Cal-OSHA also provided a model COVID-19 Prevention Plan and links to additional resources.

For next steps, credit unions should review and consider the effectiveness of their COVID-19 prevention plans and, where necessary, consult their employment law attorneys.

Click here for a summary from CUNA Mutual Group for additional information.

Fourth Set of Proposed Modifications to CCPA
Yesterday, California’s Attorney General Office issued notice of a fourth round of proposed modifications to the California Consumer Privacy Act (CCPA).

This fourth set of modifications is in response to nearly 20 public comments that were made after a third set was released in October. The fourth notice was also issued to clarify and conform the proposed regulations to existing law. Changes include revisions to select areas of Section 999.306 and Proposed Section 999.315.

The fourth set of proposed modifications as compared with the text approved by the Office of Administrative Law are available here, as well as the originally proposed regulations and all documents related to the entire rulemaking package (including previous modifications and additional updated documents).

The League is encouraging affected credit unions to review and comment on these proposed changes and/or the materials added to the rulemaking file. The department is accepting written comments between Dec. 11 and Dec. 28. Please limit comments to the additions indicated in bold green double underline, the deletions indicated in red double strike out, and the documents added to the rulemaking file.

All written comments on the underlined changes must be submitted to the department no later than 5 p.m. on Dec. 28 by email to or by mail to this address:

Lisa B. Kim, Privacy Regulations Coordinator
California Office of the Attorney General
300 South Spring St., First Floor
Los Angeles, CA 90013

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