Existing law prescribes the powers and duties that are common to cities and counties, including the powers and duties of legislative bodies. Under existing law, if a statute requires a local agency to take legislative action by resolution, and the local agency's charter requires it to take legislative action by ordinance, action by ordinance is compliance with the statute for all purposes. This bill would make a nonsubstantive change in provisions described above regarding legislative actions by ordinance.
Existing law establishes the Department of Financial Protection and Innovation, headed by the Commissioner of Financial Protection and Innovation, and charges the department with administering various laws relating to financial institutions, including banks and trust companies. Existing law requires the commissioner, upon the filing of an application to establish a bank or trust company, to make or cause to be made a careful investigation and examination relative to, among other things, the character, reputation, and financial standing of the organizers or incorporators, as specified. This bill would make a nonsubstantive change to these provisions.
Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture, in consultation with the Scientific Advisory Panel on Environmental Farming, to establish and oversee a Healthy Soils Program to seek to optimize climate benefits while supporting the economic viability of California agriculture by providing incentives, including, but not limited to, loans, grants, research, and technical assistance, and educational materials and outreach, to farmers whose management practices contribute to healthy soils and result in net long-term on-farm greenhouse gas benefits. This bill would make a nonsubstantive change to this provision.
Existing law prohibits the carrying of a concealed firearm, as specified. Existing law exempts specified active and retired peace officers from this prohibition, subject to certain conditions. This bill would make a technical, nonsubstantive change to that provision.
Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law prohibits a person from possessing for sale, or purchasing for purposes of sale, specified controlled substances, including fentanyl, and provides for imprisonment in a county jail for 2, 3, or 4 years for a violation of this provision. Existing law also imposes an additional term, and authorizes a trial court to impose a specified fine, upon a person who is convicted of a violation of, or of a conspiracy to violate, specified provisions of law with respect to a substance containing heroin, cocaine base, and cocaine, if the substance exceeds a specified weight. This bill would impose that additional term upon, and authorize a fine against, a defendant who violates those laws with respect to a substance containing fentanyl. By imposing additional incarceration costs on local agencies, the 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.
Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law prohibits discrimination on the basis of those specific characteristics in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid. Existing law requires the State Department of Education to assess whether local educational agencies have taken certain actions related to educational equity, including adopting a policy that prohibits, and adopting a process for receiving and investigating complaints of, discrimination, harassment, intimidation, and bullying based on those actual or perceived specified characteristics. This bill would include political affiliation for purposes of those provisions. To the extent the bill would impose additional duties on local educational agencies relating to the adoption of policies and the investigation of complaints described above, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law, with certain exceptions, entitles an employee to paid sick days for certain purposes if the employee works in California for the same employer for 30 or more days within a year from the commencement of employment. Existing law requires the leave to be accrued at a rate of no less than one hour for every 30 hours worked, and to be available for use beginning on the 90th day of employment. Existing law authorizes an employer to use a different accrual method as long as an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. Existing law also provides that an employer may satisfy the accrual requirements by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee's 120th calendar day of employment. Under existing law, an employer has no obligation under these provisions to allow an employee's total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee's rights to accrue and use paid sick leave are not otherwise limited, as specified. Under existing law, sick leave carries over to the following year of employment, but an employer is permitted to limit the use of the carryover amount, in each year of employment, calendar year, or 12-month period, to 24 hours or 3 days. This bill would modify the employer's alternate sick leave accrual method to require that an employee have no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period. The bill would modify that satisfaction provision to authorize an employer to satisfy accrual requirements by providing not less than 40 hours or 5 days of paid sick leave that is available to the employee to use by the completion of the employee's 200th calendar day of employment. The bill would also provide that an employer is under no obligation to allow an employee's total accrual of paid sick leave to exceed 80 hours or 10 days, as specified. The bill would raise the employer's authorized limitation on the employee's use of carryover sick leave to 40 hours or 5 days. (2) Existing law establishes that providers of in-home supportive services accrue sick leave in accordance with a schedule that is based on the timeline for state minimum wage increases, up to a maximum of 24 hours or 3 days when the minimum wage reaches $15 per hour. This bill would amend the schedule for in-home supportive services providers to increase the sick leave accrual maximum to 40 hours or 5 days in each year of employment, beginning January 1, 2026. The bill would include 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, the California Emergency Services Act (CESA) , among other things, authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected thereby if (1) the Governor finds that certain conditions exist and (2) the Governor either is requested to do so by specified local officials or finds that local authority is inadequate to cope with the emergency. Upon the proclamation of a state of emergency, CESA authorizes the Governor to exercise various, specified powers, including the power to promulgate, issue, and enforce orders and regulations that the Governor deems necessary and to suspend any regulatory statute, statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, as provided. CESA also authorizes the Governor to suspend certain local laws under specified circumstances. This bill would require the Governor to immediately notify in writing the Speaker of the Assembly and the President pro Tempore of the Senate of a proclamation of a state of emergency or promulgating or issuing an order or regulation pursuant to these provisions. The bill would require the Governor to provide to the Speaker of the Assembly, the President pro Tempore of the Senate, and certain committees of the Legislature a monthly report on specified information relating to requests by local government for the Governor to proclaim a state of emergency. The bill would also require the Governor to immediately provide notification in writing to the governing body of each city and county affected by a suspension of a statute, order, rule, regulation, or local law, as described above, that only applies to those cities and counties. CESA establishes the Office of Emergency Services (CalOES) in the office of the Governor and provides that the office is responsible for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies. This bill would require CalOES, during a state of emergency, to provide certain committees of the Legislature an update every 60 days on the goals and objectives of the emergency response. CESA authorizes the Governor to expend any appropriation for support of CESA to carry out its provisions and to make expenditures from any legally available fund in order to deal with actual or threatened conditions of a state of emergency. Existing law, the California Disaster Assistance Act (CDAA) , which is administered by the Director of Emergency Services, provides for the allocation of funds to state and local agencies and to eligible private nonprofit organizations for specified purposes and in accordance with specified requirements, including, among others, that a local agency make application to the director for state financial assistance within 60 days after the date of the proclamation of a local emergency. Existing law establishes the Disaster Assistance Fund and continuously appropriates moneys in that fund for purposes of CDAA. Existing law creates the California State Auditor's Office, which is independent of the executive branch and legislative control, to examine and report annually upon the financial statements prepared by the executive branch and to perform other related assignments, including performance audits, that are mandated by statute. Existing law establishes, within the State Treasury, the State Audit Fund, which is a continuously appropriated fund, for the expenses of the California State Auditor. This bill would require the Governor to immediately notify in writing certain committees of the Legislature of any expenditure of state or federal emergency response funds, and would require the California State Auditor's Office, upon appropriation by the Legislature, to conduct annual performance audits of any expenditure of state or federal disaster emergency response funds. The bill would define "state or federal emergency response funds" to mean any moneys appropriated by the Legislature or provided by the federal government that are expended in response to a state of emergency, expressly including moneys expended pursuant to the above-described authority under CESA and the CDAA or any appropriation by the Legislature for purposes of emergency response and recovery. This bill would require the Director of Emergency Services to provide to the Speaker of the Assembly, the President pro Tempore of the Senate, and certain committees of the Legislature a monthly report on specified information relating to applications by local agencies for state financial assistance pursuant to the CDAA. This bill would also make various nonsubstantive changes to CESA. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Board for Professional Engineers, Land Surveyors, and Geologists within the Department of Consumer Affairs. Existing law, the Professional Land Surveyors' Act, vests the board with the power to administer its provisions relating to the licensure and regulation of land surveyors. Existing law defines "land surveying" for purposes of the act to include, among other things, determining the configuration or contour of the earth's surface, or the position of fixed objects above, on, or below the surface of the earth by applying the principles of mathematics or photogrammetry. Existing law makes it a misdemeanor to practice land surveying without legal authorization. This bill would expand the definition of land surveying to include applying the principles of radar, sonar, or electromagnetic waves to make the above-described determinations. By expanding the scope of practices subject to the Professional Land Surveyors' Act, a violation of which is a crime, the 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.
Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to achieve a reduction in methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, as specified. Existing law requires the state board, in consultation with the Department of Food and Agriculture, to adopt regulations to reduce methane emissions from livestock manure management operations and dairy manure management operations consistent with the strategy, as specified. This bill would state the intent of the Legislature to enact subsequent legislation relating to methane and dairy digesters.
Existing law gives public school employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Existing law establishes the Public Employment Relations Board and gives the board specified powers relating to employer-employee relations, including investigating unfair practice charges filed by an employee, employee organization, or employer. Existing law gives the board exclusive jurisdiction to make an initial determination whether the charges of unfair practices are justified, and, if so, what remedy is necessary, as specified. This bill would make nonsubstantive changes to the latter provision.
Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, establishes the California Privacy Protection Agency and vests it with full administrative power, authority, and jurisdiction to implement and enforce the California Consumer Privacy Act of 2018 (CCPA) . Proposition 24 requires the agency to be governed by a 5-member board appointed, as specified, and provides that those appointments should be made from among Californians with expertise in the areas of privacy, technology, and consumer rights. This bill would require those appointments to be made from among Californians with expertise in the areas of privacy, technology, and consumer rights. The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.
