The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative statute approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA establishes the Department of Cannabis Control for the administration and enforcement of its provisions. MAUCRSA generally defines delivery to mean the commercial transfer of cannabis or cannabis products to a customer, requires the delivery of cannabis or cannabis products to be made only by a licensed retailer, microbusiness, or nonprofit, and establishes requirements for the delivery of cannabis and cannabis products, including that an employee of the licensee carry a copy of the licensee's current license and a government-issued identification with a photo of the employee, such as a driver's license. MAUCRSA requires the department to establish minimum security and transportation safety requirements for the delivery of cannabis and cannabis products. Under existing administrative law, among other requirements, a licensed retailer's delivery employee that is carrying cannabis goods for delivery is only allowed to travel in an enclosed motor vehicle. Under existing administrative law, among other requirements, a licensed retailer's delivery employee is prohibited from carrying cannabis goods in the delivery vehicle with a value in excess of $5,000 at any time and the value of cannabis goods carried in the delivery vehicle for which a delivery order was not received and processed by the licensed retailer prior to the delivery employee departing from the licensed premises may not exceed $3,000. This bill would require, on or before January 1, 2023, the regulations established by the bureau regarding the minimum security and transportation safety requirements to include regulations that would allow for an increase in the value of cannabis goods to be carried during delivery of those cannabis goods to customers by employees of a licensed retailer to $10,000, as specified. The bill would require a licensed retailer to provide their delivery employee certain hardware, tools, and supplies, access to healthcare benefits, and either a vehicle that meets certain requirements or reimbursement for certain costs for the use of the employee's vehicle, as specified. The bill would also require a licensed retailer that delivers cannabis goods to maintain an automobile insurance policy to cover third-party liability of deliveries of cannabis goods by an employee who uses their own vehicle for the deliveries, as specified. The Control, Regulate and Tax Adult Use of Marijuana Act authorizes the Legislature to amend the act to further the purposes and intent of the act with a 23 vote of the membership of both houses of the Legislature. This bill would declare that its provisions further specified purposes and intent of the act.
(1) Existing law authorizes, until July 1, 2023, a party to appear remotely and a court to conduct conferences, hearings, proceedings, and trials in civil cases, in whole or in part, through the use of remote technology. This bill would extend the sunset provision to January 1, 2026. The bill would also authorize, until January 1, 2026, a court to conduct an adoption finalization hearing, in whole or in part, through the use of remote technology, without the court making specific findings and would prohibit a court from requiring a party to appear through the use of remote technology. The bill would require each superior court to report to the Judicial Council on or before October 1, 2023, and annually thereafter, and for the Judicial Council to report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or problems affecting civil remote proceedings and purchases and leases of technology and equipment to facilitate civil remote conferences, hearings, or proceedings. (2) The bill would prohibit utilizing remote technology to conduct testimony, conferences, hearings, and proceedings, in whole or in part, in specified cases. This prohibition would remain in effect until January 1, 2024. (3) Existing law provides that, during the COVID-19 state of emergency proclaimed by the Governor and for 180 days after the end of the state of emergency, unless otherwise ordered by a court or agreed to by the parties, a continuance or postponement of a trial or arbitration date extends any deadlines applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions, which have not already passed as of March 19, 2020, for the same length of time as the continuance or postponement of the trial date. This bill would eliminate the sunset provision, thereby allowing these provisions to continue indefinitely.
Existing law, the Gambling Control Act, establishes the California Gambling Control Commission, which is responsible for licensing and regulating various gambling activities and establishments. Existing law requires the Department of Justice to investigate any violations of, and to enforce, the act. Under the act, a city, county, or city and county may authorize controlled gambling consistent with state law. Existing law prohibits, until January 1, 2023, the governing body or the electors of a city, county, or city and county that has not authorized legal gaming within its boundaries prior to January 1, 1996, from authorizing legal gaming. Existing law also prohibits, until January 1, 2023, an ordinance in effect on January 1, 1996, that authorizes legal gaming within a city, county, or city and county from being amended to expand gaming in that jurisdiction beyond that permitted on January 1, 1996. This bill would extend those prohibitions until January 1, 2024. Existing law also prohibits, until January 1, 2023, the commission from issuing a gambling license for a gambling establishment that was not licensed to operate on December 31, 1999, except as specified. This bill would also extend that prohibition until January 1, 2024.
Existing law prohibits settlement agreements from containing provisions that prevent the disclosure of factual information related to specified claims or causes of action, such as information relating to an act of sexual harassment or an act that may be prosecuted as a felony sex offense. This bill would prohibit a provision within an agreement between the parties in an action the factual foundation for which establishes a cause of action for civil damages regarding a defective product or environmental hazard that poses a danger to public health or safety, as defined, that purports to restrict the disclosure of factual information related to the action. The bill would provide that those provisions are void as a matter of law and as against public policy and unenforceable, except as specified. The bill would provide that the disclosure of discoverable factual information relating to those actions must not be restricted by stipulation or by order of a court or arbitral tribunal, except for specified categories of information such as medical information, personal identifying information, the amount of the settlement, current proprietary customer lists, trade secrets, or citizenship or immigration status. The bill would allow a person for whom it is reasonably foreseeable that the person would be affected by a provision, agreement, or order, to challenge the provision, agreement, or order, as specified. The bill would allow a party, including an intervenor that has become a party, or a person whose attendance in the action or production of documents or other tangible things is required by subpoena, subpoena duces tecum, or other means, to file a motion for nondisclosure under these provisions. The bill would require a party requiring attendance in the action or production of documents of a person who is not a party to the action to provide a notice of the availability of a motion for nondisclosure of a proprietary customer list or trade secret to the person who is not a party to the action. The bill would provide that an attorney's failure to comply with these provisions may be grounds for professional discipline.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include in its regulation of greenhouse gases the use of market-based compliance mechanisms. This bill would require the state board, at least once every 3 years, to conduct a review, as provided, of the market-based compliance mechanisms to, among other things, evaluate and address concerns related to allowance overallocation and offset credit eligibility. The bill would require the state board, in conducting the review, to consult with the Independent Emissions Market Advisory Committee and the environmental justice advisory committee. The bill would require the first review to begin by a certain date. The bill would require the state board, in consultation with the Independent Emissions Market Advisory Committee, to develop and publish allowance banking metrics, as defined, concurrently with the first review and would require the review to be based on observed and expected outcomes resulting from the application of allowance banking metrics.
(1) The Teachers' Retirement Law establishes the State Teachers' Retirement System (STRS) and creates the Defined Benefit Program of the State Teachers' Retirement Plan, which provides a defined benefit to members of the program, based on final compensation, credited service, and age at retirement, subject to certain variations. Existing law also establishes the Cash Balance Benefit Program for the purpose of providing a retirement plan for specified teachers whose service is less than 50% of the full-time equivalent for the person's position or who are employed on a temporary basis or as a substitute, as specified. The Cash Balance Benefit Program and STRS are administered by the Teachers' Retirement Board. The Public Employees' Retirement Law establishes the Public Employees' Retirement System (PERS) , which provides defined benefits to members of the system based on final compensation, credited service, and age at retirement, subject to certain variations. PERS is administered by its board of administration. The California Constitution grants plenary authority for the administration of a public pension or retirement system to its retirement board, as specified, and provides that the assets of a retirement system are trust funds, as specified. Existing law creates the Teachers' Retirement Fund, which is continuously appropriated, and into which are deposited employer, state, and employee contributions, as well as funds connected with the Cash Balance Benefit Program. Existing law creates the Public Employees' Retirement Fund, which is also continuously appropriated, and into which, among other assets, employer and employee contributions are deposited. The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law authorizes charter schools to elect to make STRS, PERS, or both available to qualifying employees. This bill would require a charter school initially authorized to commence operations on and after January 1, 2025, to participate in STRS or PERS, or both. The bill would specify that this provision does not apply to a charter school seeking a renewal authorization on or after January 1, 2025, if the charter school initially received authorization to commence operations before January 1, 2025, and has continuously operated as a charter school since that initial authorization. The bill would generally require STRS, the Cash Balance Benefit Program, and PERS to apply to a charter school in the same manner as the systems and program apply to other public schools. The bill would require the chartering authority to provide notice to STRS or PERS, as applicable, of the occurrence of specified events, including approval of a charter school petition, within 30 days of the event's occurrence, on a form prescribed by the system. For the purpose of paying contributions on behalf of a charter school, the bill would require a county superintendent, district superintendent, or other employing agency that reports directly to STRS, upon state apportionment to a charter school, to draw requisitions against the funds of the charter school in amounts equal to the estimated contributions required to be paid by the charter school to STRS, as specified, and pay them to the system. The bill would prohibit these requisitions from exceeding an estimated 3 months of contributions to be paid by the charter school. The bill would also require a county superintendent, district superintendent, or other employing agency that reports directly to the retirement system to use any unencumbered funds, otherwise legally available for this purpose, to pay for any amounts due to the system that remain unpaid. The bill would require the estimated amount to be determined by the county superintendent, district superintendent, or other employing agency. The bill would create similar requirements and prohibitions for purposes of requisitions related to the Cash Balance Benefit Program and PERS. By depositing additional moneys in continuously appropriated funds, this bill would make an appropriation. (2) Existing law requires a county superintendent, district superintendent, chancellor of a community college district, or other employing agency that reports directly to STRS to draw requisitions for contributions required pursuant to specified provisions in favor of the system. Existing law requires employers participating in STRS to contribute monthly a specified percentage of the creditable contribution upon which member contributions are based in connection with funding the liability for benefits related to accumulated and unused sick leave. This bill would require that the monthly contributions for benefits related to accumulated and unused sick leave be subject to the above-described requisition process.
The Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature. This bill, beginning January 1, 2025, and before January 2, 2028, would require the Department of Alcoholic Beverage Control to conduct a pilot program that would authorize the department to issue an additional hours license to an on-sale licensee located in a qualified city that would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m. on weekends and specified holidays, and between the hours of 2 a.m. and 3 a.m. on all other days upon completion of specified requirements by the qualified city in which the licensee is located. The bill would impose specified fees related to the license to be deposited in the Alcohol Beverage Control Fund. The bill would require the applicant to notify specified persons of the application for an additional hours license and would provide a procedure for protest and hearing regarding the application. The bill would require the Department of the California Highway Patrol and each qualified city that has elected to participate in the program to submit reports to the Legislature and specified committees regarding the regional impact of the additional hours licenses, as specified. The bill would provide that any person under 21 years of age who enters and remains in the licensed public premises during the additional serving hour without lawful business therein is guilty of a misdemeanor, as provided. The pilot program would apply to the Cities of Palm Springs and West Hollywood and the City and County of San Francisco. This bill would impose a state-mandated local program by creating new crimes. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would make legislative findings and declarations as to the necessity of a special statute for the qualified cities.
(1) The Political Reform Act of 1974 generally requires elected officials, candidates for elective offices, and committees formed primarily to support or oppose a candidate for public office or a ballot measure, along with other persons and entities, to file periodic campaign statements and certain reports concerning campaign finances and related matters. Existing law permits a report or statement that has been on file for at least two years to be retained by a filing officer as a copy on microfilm or other space-saving materials and, after the Secretary of State certifies an online filing and disclosure system, as an electronic copy. This bill would permit a filing officer to retain a report or statement filed in a paper format as a copy on microfilm or other space-saving materials or as an electronic copy, as specified, without a two-year waiting period. The bill would also permit a filing officer to retain a report or statement as an electronic copy before the Secretary of State certifies an online filing and disclosure system. (2) The Political Reform Act of 1974 regulates conflicts of interests of public officials and requires that public officials file, with specified filing officers, periodic statements of economic interests disclosing certain information regarding income, investments, and other financial data. The Fair Political Practices Commission is the filing officer for statewide elected officers and candidates and other specified public officials. If the Commission is the filing officer, the public official generally files with their agency or another person or entity, who then makes a copy and files the original with the Commission. This bill would revise and recast these filing requirements to make various changes, including requiring public officials and candidates for whom the Commission is the filing officer to file their original statements of economic interests electronically with the Commission. The bill would also make conforming changes to other provisions of law. The bill would prohibit the Commission from making available on the internet statements of economic interests filed by certain nonelected officials and would require the Commission to redact personal addresses and telephone numbers of all filers. (3) The Political Reform Act of 1974 regulates the making of gifts to public officials. However, the act exempts from the definition of "gift," among other things, a gift to an official that, within 30 days of receipt, is returned to the donor or delivered to a charitable organization without being claimed as a deduction for tax purposes. This bill would allow a gift to be returned, reimbursed, or donated within 30 days following the end of the calendar quarter in which it was received, and would make other changes prescribing conditions for the donation, return, or reimbursement. (4) Under the Political Reform Act of 1974, lobbyists, lobbying firms, and lobbyist employers are required to provide each beneficiary of a gift with the date and amount of each gift reportable by the beneficiary and a description of the goods or services provided to the beneficiary within 30 days following the end of each calendar quarter in which the gift was provided. This bill would reduce that time limit to 15 days following the end of each calendar quarter in which the gift was provided. (5) Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (6) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside boundaries, that includes, among other mandatory elements, a housing element. Existing law provides for the establishment of various special districts that may support and finance housing development, including affordable housing special beneficiary districts that are authorized to promote affordable housing development with certain property tax revenues that a city or county would otherwise be entitled to receive. This bill would prohibit a city, county, city and county, joint powers authority, or any other political subdivision of a state or local government from acquiring unrestricted multifamily housing, as defined, unless the development meets specified criteria, including, among other things, that units are subject to a long-term recorded regulatory agreement with a public entity that requires the unit to be affordable to, and occupied by, low- or moderate-income persons and families for a term of 55 years, and the public entity agrees to make certain reports and data public on its internet website. The bill would specify that those provisions do not apply to a development that is or will be subject to a regulatory agreement with the California Tax Credit Allocation Committee, the Department of Housing and Community Development, or a public entity that restricts use of the development to serve specified lower income individuals, or when a public entity purchases unrestricted multifamily housing that within one year will be removed from the housing market. The bill would include, among other findings, that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owner's agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owner's agent, or the person in lawful possession. Existing law requires the owner, the owner's agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officer's assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Existing law also authorizes a single request for a peace officer's assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owner's agent, or the person in lawful possession is absent from the property. Under existing law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession. This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a period of not more than 3 years when the premises or property is closed to the public and posted as being closed and would require the notice ending assistance before the 3 years has passed to be in writing. The bill would allow a request for peace officer assistance to continue after a change in ownership or transfer of lawful possession if the transferee notifies the relevant law enforcement or the city of the change. The bill also would require the single request for a peace officer's assistance for a 30-day period to be in a notarized writing on a form provided by the law enforcement agency. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.
Existing law establishes the Department of Housing and Community Development and sets forth its powers and duties. Existing law creates a housing authority in each county or city, which functions upon the adoption of a specified resolution by the relevant governing body. Existing law authorizes these housing authorities, within their jurisdictions, to construct, reconstruct, improve, alter, or repair all or part of any housing project. Existing law establishes various programs that provide housing assistance. This bill would enact the Social Housing Act and would create the California Housing Authority, as an independent state body, the mission of which would be to produce and acquire social housing developments for the purpose of eliminating the gap between housing production and regional housing needs assessment targets, as specified. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed by the authority would be owned by the authority. The bill would prescribe the composition of the California Housing Authority Board, which would govern the authority, and would be composed of appointed members and members who are elected by residents of social housing developments, as specified. The bill would prescribe the powers and duties of the authority and the board. The bill would provide that the authority seeks to achieve revenue neutrality, as defined, and would require the authority to seek to recover the cost of development and operations over the life of its properties through the mechanism of rent cross-subsidization, as defined. The bill would require the authority to prioritize the development of specified property, including vacant parcels and parcels near transit, and would prescribe a process for the annual determination of required social housing units. Under the bill, social housing would accommodate a mix of household income ranges and would provide specified protections for residents, who would participate in the operation and management of the units in which they reside. This bill would require the California Housing Authority to employ 2 leasing models in social housing developments, to be referred to as the rental model and the ownership model, and would prescribe the characteristics of both models. Under the ownership model, the authority would extend a 99-year lease, in the form of a limited equity arrangement, as defined, to individuals who commit to a minimum 5-year term of residence, and would authorize the authority to act as a lender to residents who lease under the ownership model, for the purpose of creating leasehold mortgages. The bill would prescribe how the amounts of rents and payments on leasehold mortgages are to be set in relation to household income, and with reference to property subject to the ownership model, how they may be sold and transferred. The bill would establish eligibility requirements for social housing residents and provide for the selection of residents by lottery, as specified, providing that people who may have been displaced from a property as part of its development would be granted a preference for occupancy. This bill, among other things, would require the authority to accept a local jurisdiction's preference for a project parcel if specified conditions are met. The bill would establish various duties for the authority and requirements for contractors and subcontracting in connection with the labor used to produce housing, including provisions relating to the solicitation of bids, the payment of prevailing wages, and the participation of a skilled and trained workforce. The bill would prescribe civil penalties to be imposed by the Labor Commissioner on the authority, contractors, and subcontractors for specified violations of these provisions. The bill would prescribe requirements for the participation of labor in the production, rehabilitation, and maintenance of housing, including requiring the authority to enter into community workforce agreements and to comply with specified requirements for the payment of prevailing wages. The bill would state the intent of the Legislature to enact legislation to provide financing for the activities of the authority through the issuance of general obligations bonds. The bill would authorize the authority to issue revenue bonds, as specified. The bill would require the board to provide for regular audits of the authority's accounts and records, as specified. The bill would also require the authority to prepare and submit specified reporting information on its business plan and progress to the Legislature on an annual basis.
Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law requires the department to prepare and submit to the Governor a proposed budget, as provided. This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental indicators through the index, as provided, and would prohibit any state funds or personnel time from being used to fund or permit freeway projects in certain areas that fall within the zero to 40th percentile on the housing and environmental indicators analyzed through the index, as provided.
