The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires an out-of-state vendor shipping beer into the state to hold a certificate of compliance granted by the department, as prescribed. The act authorizes the department to suspend or revoke the certificate of compliance, as specified, if an out-of-state vendor, after obtaining the certificate, fails to submit a certain monthly report or fails to comply with a particular provision of the California Beverage Container Recycling and Litter Reduction Act. This bill would make nonsubstantive changes to those provisions.
The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income. Existing law, in conformity with the federal CARES Act, and its subsequent amendments in the Paycheck Protection Program and Health Care Enhancement Act and the Paycheck Protection Program Flexibility Act of 2020, among other things, excludes any amounts of covered loans forgiven under the CARES Act from gross income for purposes of the Personal Income Tax Law and the Corporation Tax Law. Existing law reduces the amount of any credit or deduction otherwise allowed under the Personal Income Tax and the Corporation Tax Law for any amount paid or incurred by the taxpayer upon which this exclusion is based by the amount of the exclusion allowed. Existing federal law, the Consolidated Appropriations Act, 2021, prohibits reductions in tax deductions, denials of basis adjustments, and reductions in tax attributes for federal income tax purposes based on the exclusion from gross income of specified loans provided in the federal CARES Act and its subsequent amendments. This bill would state the intent of the Legislature to enact legislation that would bring California's tax treatment of covered Paycheck Protection Program loans into conformity with federal tax laws.
The Off-Highway Motor Vehicle Recreation Act of 2003 creates the Division of Off-Highway Motor Vehicle Recreation within the Department of Parks and Recreation. The act gives the division certain duties and responsibilities, including the planning, acquisition, development, conservation, and restoration of lands in state vehicular recreation areas. Existing law creates the Off-Highway Vehicle Trust Fund to be the repository of certain moneys, including certain fees received by the department for the use of state vehicular recreation areas. Existing law requires the revenues in the fund to be available, upon appropriation, for grants and cooperative agreements, as specified, the support of the division, and the planning, acquisition, development, mitigation, construction, maintenance, administration, operation, restoration, and conservation of lands in state vehicular recreation areas and certain other areas. This bill would require the Department of Parks and Recreation to preserve the portion of the Carnegie State Vehicular Recreation Area known as the "Alameda-Tesla Expansion Area" for conservation purposes, as specified. The bill would make implementation of this provision contingent upon at least $9,000,000 being appropriated by the Legislature in the annual Budget Act or another statute, transferred, or donated to the Off-Highway Vehicle Trust Fund for its purposes.
Existing law, the California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. Existing law declares the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by the year 2020, and annually thereafter. Existing law requires each jurisdiction to implement a solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to specified commercial solid waste recycling requirements. Existing law also requires each jurisdiction to implement an organic waste recycling program appropriate for the jurisdiction and designed to specifically divert organic waste generated by businesses subject to specified organic waste recycling requirements. This bill would express the intent of the Legislature to enact subsequent legislation to provide relief from those solid waste recycling, composting, and source reduction requirements and organic waste recycling requirements, for no more than one year, to cities and municipalities struggling due to the impacts of COVID-19.
Existing law requires the State Department of Public Health to track data on pregnancy-related deaths, including specified health conditions, indirect obstetric deaths, and other maternal disorders predominantly related to pregnancy and complications predominantly related to the puerperium, and requires this data to be published at least once every 3 years. This bill would require the department to review pertinent records in tracking this data, and to collect specified information about the pregnant person for each pregnancy-related death, including the pregnant person's county of residence, the existence of social supports, and the number of prenatal appointments attended. The bill would permit the department to group data by geographic regions for the purposes of identifying clusters of pregnancy deaths.
Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. Existing law requires the governing board of an elementary school district to certify to the Superintendent of Public Instruction that it has adopted a policy to implement a course of instruction that sufficiently prepares the pupils in the district for the course of study required to receive a diploma of graduation from high school. This bill would make nonsubstantive changes to the latter provision.
Existing law permits the legislative body of an incorporated city, in the exercise of its police power, to license any kind of business not prohibited by law that is transacted and carried on within its jurisdiction and to fix the rates of the license fee, as specified. This bill would make nonsubstantive changes to those provisions.
Existing law provides for the licensure and regulation of various professions and vocations by boards within the Department of Consumer Affairs and provides for the denial, suspension, and revocation of licenses for specified conduct. Existing law provides for the regulation of healing arts by various boards. Existing law authorizes boards to impose fines or penalties, as provided. Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. The act provides the grounds upon which the department may suspend or revoke licenses and impose fines and penalties, as provided. This bill would prohibit the Department of Consumer Affairs, a board within the Department of Consumer Affairs that does not regulate healing arts licensees, and the Department of Alcoholic Beverage Control from revoking a license or imposing a fine or penalty for failure to comply with any COVID-19 state of emergency orders or COVID-19 stay-at-home orders, unless the board or department can prove that lack of compliance resulted in transmission of COVID-19. The bill would specify that the provisions do not preclude issuance of fines, penalties, or revoking a license for any action that is not related to the issuance of any COVID-19 state of emergency orders or COVID-19 stay-at-home order. The provisions of the bill would remain in effect until either the COVID-19 state of emergency is terminated or all COVID-19 stay-at-home orders are no longer in effect, whichever occurs later, but in no case would the provisions remain in effect after January 1, 2024. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Public Employees' Pension Reform Act of 2013, prescribes various limits on public employee retirement systems and public employers, as specified. The act generally prohibits a retired person from being employed by a public employer in the same public retirement system from which the retiree receives pension benefits without reinstatement from retirement into that system, subject to certain exceptions. This bill would make nonsubstantive changes to that provision.
Existing law governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children, preventing the unnecessary separation of children from their families, and restoring to their families children who have been removed. This bill would require the State Department of Social Services, on or before July 1, 2022, to convene a workgroup to examine the nexus between child welfare and domestic violence and the impacts of child welfare policy on families experiencing domestic violence. The bill would require the membership of the workgroup to include interested parties and stakeholders, as specified, and would require the workgroup, among other things, to examine policies and procedures related to child welfare engagement in cases in which domestic violence is present in a child's home, review best practices and recommendations from research related to child welfare and domestic violence, and identify gaps in the child welfare system in which additional training, oversight, or policy changes may be needed to achieve improved outcomes for children and families experiencing domestic violence. The bill would require the department, on or before December 31, 2022, and based on the findings of the workgroup, to submit a report to the Legislature containing recommendations on ways to improve outcomes for children and families referred to the child welfare system who are experiencing domestic violence.
Existing law, the California Urban Forestry Act of 1978, has as stated purposes the promotion of the use of urban forest resources for purposes of increasing integrated projects with multiple benefits in urban communities and promoting policies and incentives that advance improved maintenance of urban forest canopy to optimize multiple benefits. Existing law authorizes the Director of Forestry and Fire Protection to make grants to provide assistance for projects that further the goals of the act. Existing law also authorizes the director to waive the cost sharing requirements for projects that are in disadvantaged and severely disadvantaged communities, and to authorize advance payments from a grant awarded to a nonprofit organization that is located in or providing service to disadvantaged or low-income communities, as provided. This bill would make a nonsubstantive change to those provisions.
The California Integrated Waste Management Act of 1989 requires the Director of Transportation, upon consultation with the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials. Existing law requires a local agency that has jurisdiction over a street or highway to either adopt these standards developed by the Department of Transportation or to discuss at a public hearing why the standards are not being adopted. Existing law requires the State Procurement Officer, when purchasing materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agency that provides road construction and repair services, to contract for those items that use recycled material in those materials, unless the Director of Transportation determines that the use of the materials is not cost effective. This bill would authorize the department to conduct a study to assess the feasibility, cost effectiveness, and life-cycle environmental benefits and detrimental impacts of including recycled plastics in asphalt used as a paving material in the construction, maintenance, or rehabilitation of a highway or road. If the department conducts the study, the bill would require the Ocean Protection Council to review the study design and findings to determine how including recycled plastics in asphalt for use as a paving material will impact the ocean's health and would require the department to assess, as part of the study, any life-cycle environmental benefits or detrimental impacts identified by the council. If the department determines that this use of recycled plastics is feasible and that recycled plastics can be included in asphalt in a manner that is cost effective and provides life-cycle environmental benefits, the bill would authorize the department to establish specifications for including recycled plastics in asphalt used as a paving material in the construction, maintenance, and rehabilitation of a highway or road. The bill would require the department to prepare and submit, on or before January 1 of each year, commencing January 1, 2023, an analysis to the Assembly Committee on Transportation and the Senate Committee on Transportation on its progress studying recycled plastics and its progress toward establishing specifications for including recycled plastics in asphalt, as described above. The bill would require a local agency that has jurisdiction over a street or highway to either adopt the specifications established by the Department of Transportation or discuss at a public hearing why the specifications are not being adopted. By increasing the duties of local agencies, 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, 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.
