Existing law requires a person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land or forest-covered land, brush-covered land, or grass-covered land to maintain around and adjacent to any pole or tower that supports a switch, fuse, transformer, lightning arrester, line junction, or dead-end or corner pole a firebreak, as specified. Existing law requires a person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land or in forest-covered land, brush-covered land, or grass-covered land to maintain a clearance between all vegetation and all conductors that are carrying electric current, as specified. This bill would impose a civil penalty of up to $100,000 for each violation of the above-described provisions after the person that owns, controls, operates, or maintains any electrical transmission or distribution line is offered a reasonable opportunity to cure. The bill would impose an additional civil penalty of up to $1,000 for each acre burned by a fire resulting from a violation of the above-described provisions after the person that owns, controls, operates, or maintains any electrical transmission or distribution line is offered a reasonable opportunity to cure. The bill would require 50% of the penalties collected to be deposited into the Utility Accountability and Wildfire Prevention Fund, which the bill would establish in the State Treasury, and would distributed the remaining 50%, as provided. The bill would provide that the moneys in the Utility Accountability and Wildfire Prevention Fund, upon appropriation by the Legislature, are available for purposes of enhancing forest management, fire planning, wildfire prevention and suppression, and fire-related enforcement activities. The bill would require the Department of Forestry and Fire Protection to develop regulations to define what a reasonable opportunity to cure means for the above-described purposes.
Existing law authorizes the Employment Development Department to administer the state unemployment and disability compensation programs. Existing law requires the department, among other duties, to make unemployment and disability compensation payments, as prescribed. This bill would establish the Unemployment Insurance Oversight Advisory Board (board) in the Labor and Workforce Development Agency as an advisory body to review the operations of the Employment Development Department (department) under the state unemployment and disability compensation programs and make recommendations to the department, the Governor, and the Legislature to, among other things, enhance the efficiency of those operations and ensure equitable access to benefits administered by the department. The bill would require the board to consist of 7 members, as specified, who serve without compensation, but would require members to be reimbursed for their necessary and reasonable expenses incurred in performing their duties and responsibilities, upon appropriation by the Legislature. The bill would require, beginning on and after January 1, 2022, the board to hold at least 2 public meetings a year, during which the board members would be required to accept public comment. The bill would also require, beginning on and after July 1, 2022, the board to issue biannual public reports with its recommendations. The bill would require the department to submit a yearly report to the Assembly Committee on Budget and the Senate Committee on Budget and Fiscal Review regarding the recommendations of the board for state disability insurance and paid family leave benefits, as provided.
(1) Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Those laws provide various exemptions from those taxes. This bill would exempt from those taxes, on and after January 1, 2022, the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, fuel for the operation of a zero-emission medium- or heavy-duty truck that is the subject of a lease entered into after July 1, 2022, with specified characteristics. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. (2) The Vehicle License Fee Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state at a specified percentage of the market value of that vehicle. Existing law exempts specified types of vehicles from the vehicle license fee. This bill would exempt from the vehicle license fee a zero-emission medium- or heavy-duty truck that is the subject of a lease entered into after July 1, 2022, with specified characteristics. (3) Existing law requires a registration fee to be paid to the Department of Motor Vehicles for the registration of each vehicle or trailer coach of a type subject to registration under the Vehicle Code, except those vehicles that are expressly exempted from the payment of registration fees. Under existing law, in addition to vehicle registration fees, an annual fee based upon vehicle weight is imposed on commercial motor vehicles. This bill would exempt from those registration fees and weight fees a zero-emission medium- or heavy-duty truck that is the subject of a lease entered into after July 1, 2022, with specified characteristics.
Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants consumers certain rights in regard to businesses, as defined, that collect personal information about them, including the right to know what information is collected and the right to opt-out of the sale of that information. Existing law, the California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, among other changes in the CCPA, establishes the California Privacy Protection Agency and vests it with full administrative power, authority, and jurisdiction to implement and enforce the CCPA. Existing law prohibits specified unfair, dishonest, deceptive, destructive, fraudulent, and discriminatory practices by which fair and honest competition is destroyed or prevented. Existing law prohibits a business from selling personal information of consumers that the business knows are less than 16 years of age unless that sale is affirmatively authorized, as specified. Existing law, commencing January 1, 2023, also prohibits a business from sharing personal information of consumers that the business knows are less than 16 years of age unless that sale is affirmatively authorized, as specified. This bill would enact the Kids Internet Design and Safety Act for purposes of keeping children safe and protecting their interests on the internet. The bill would, among other things, prohibit an operator of a platform, as defined, from incorporating certain features with respect to content viewable by a covered user, as defined, without first obtaining consent from the parent or guardian of the covered user, including an auto-play setting that, without input from a covered user, commences additional video content directly following the video content initially selected by the covered user, except as specified. This bill would provide that a violation of these provisions constitutes unfair competition. This bill would require an operator of a platform to, among other things, allow a parent or guardian to create an account or profile for that person's child who is under 13 years of age. The bill would, beginning on or before June 1, 2023, upon appropriation by the Legislature, require the Attorney General to conduct an annual audit of platforms to determine compliance with specified state and federal law.
Existing law, the Financial Information System for California (FISCal) Act, establishes the FISCal system, a single integrated financial management system for the state. Existing law requires the California State Auditor's Office, until the system is completed, to independently monitor the system as appropriate, and to report, at a minimum, on or before January 10 of each year, on the system activities that the auditor deems appropriate. This bill, instead, would require that reporting, at a minimum, on or before January 11 of each year.
Existing law authorizes cities and counties to license any kind of business, not prohibited by law, transacted and carried on within the limits of its jurisdiction. Cities and counties, pursuant to certain restrictions, may impose a license fee on those businesses. This bill would prohibit cities and counties, including charter cities and counties, from imposing or collecting license fees from restaurants from January 1, 2020, to December 31, 2021, as provided, and would require the city or county to refund to a restaurant any license fees collected during that period. By imposing new duties on cities and counties with respect to imposing or collecting specified license fees, and by requiring that the fees be refunded, this bill would impose a state-mandated local program. Existing law, the Alcoholic Beverage Control Act, is administered by the Department of Alcoholic Beverage Control and regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. Existing law imposes various assessments, including annual renewal fees for licenses and permit fees, depending on the type of license issued, and specified surcharges. Existing law authorizes an adjustment of the renewal fees, as provided, and requires these fees and surcharges to be deposited into various funds, including the Alcohol Beverage Control Fund, the Alcoholic Beverage Control Appeals Fund, and the Motor Vehicle Account in the State Transportation Fund. This bill would waive specified permanent license application fees, annual renewal fees, and associated surcharges for applications submitted on or after January 1, 2020, but before January 1, 2022, and would require the department to refund those fees if already paid. The bill would waive specified interim operating permit fees from January 1, 2020, to December 31, 2021, and would require the department to refund those fees if already paid. The bill would also authorize, subject to specified limitations, the department to adjust specified annual renewal fees on or after January 1, 2022, and each January 1 thereafter, as if the annual renewal fees were adjusted on January 1, 2020, and January 1, 2021. By requiring fees and surcharges to be refunded to licensees from the Alcohol Beverage Control Fund, the Alcoholic Beverage Control Appeals Fund, and the Motor Vehicle Account, this bill would make an appropriation. Existing law, the California Retail Food Code, establishes uniform health and sanitation standards for, and provides for regulation by the State Department of Public Health of, retail food facilities, as defined, and requires local health enforcement agencies to enforce these provisions. The code requires each food facility to have a valid permit to be open for business and requires any fee for the permit to be determined by the local governing body. This bill would require a local enforcement agency to waive or refund the fee, as applicable, for the issuance of a new permit or the renewal of an existing permit from January 1, 2020, to December 31, 2021. By imposing new duties on local law enforcement agencies with respect to waiving or refunding specified permit fees, this bill would impose a state-mandated local program. 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 and counties, including charter cities and counties. 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.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2022, and before January 1, 2027, to a qualified taxpayer that installs an attic vent closure in a residential property, as defined, in an amount equal to 40% of the qualified costs paid or incurred by the qualified taxpayer for that installation. The bill also would include additional information required for any bill authorizing a new income tax credit. This bill would take effect immediately as a tax levy.
The Personal Income Tax Law and the Corporation Tax Law, in modified conformity to a credit allowed by federal income tax laws, allow a credit against taxes imposed by those laws for increasing research activities. In general, the amount of the credit under those laws is equal to 15% of the excess of the qualified research expenses, as defined, for the taxable year over the base amount, as defined. Additionally, the Corporation Tax Law, in modified conformity to that credit allowed by federal income tax laws, allows a credit of 24% of the basic research payments, as defined. This bill would, under both laws for each taxable year beginning on or after January 1, 2022, and before January 1, 2027, increase the amount of the credit to 20% of the excess of the qualified research expenses for the taxable year over the base amount. The bill would also, under the Corporation Tax Law for each taxable year beginning on or after January 1, 2022, and before January 1, 2027, increase the amount of the credit for basic research payments to 30%. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Existing law establishes the Strategic Growth Council in state government consisting of various state agency heads and 3 public members. Existing law requires the council, among other things, to identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet greenhouse gas emissions reduction goals, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. This bill would establish the Resilient Economies and Community Health Pilot Program, which would be administered by the council from January 1, 2022, through December 31, 2026, as a grant pilot program for eligible community-based organizations, as defined, to provide a comprehensive suite of coordinated incentives and services to disadvantaged communities, as defined, at the resident household level to provide economic savings, reduce greenhouse gas emissions and air pollution, and improve resiliency to the impacts of climate change. The bill would require the council to evaluate the program and submit specified reports to the Legislature on the program no later than January 1, 2026. The bill would repeal these provisions as of January 1, 2027.
(1) The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. A violation of any provision of the act is a misdemeanor. The act requires, before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with described seismic safety regulations or standards to submit to the office an attestation that the board of directors of that hospital is aware that the hospital building is required to meet a specified deadline for substantial compliance with those regulations and standards. This bill would require, on or before January 1, 2023, the owner of an acute care inpatient hospital to update the above-described submission by reporting the services provided in each building of the acute care inpatient hospital. By increasing the duties of owners of acute care inpatient hospitals, this bill would expand an existing crime, thereby imposing a state-mandated local program. (2) 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 provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the Director of Health Care Services to establish administrative appeal processes to review grievances or complaints arising from the findings of an audit or examination. Under existing law, if recovery of a disallowed payment has been made by the department, a provider who prevails in an appeal of that payment is entitled to interest at the rate equal to the monthly average received on investments in the Surplus Money Investment Fund, or simple interest at the rate of 7% per annum, whichever is higher. Under existing law, with exceptions, interest at that same rate is assessed against any unrecovered overpayment due to the department. In the case of an assessment against any unrecovered overpayment due to the department, this bill would authorize the director to waive any or all of the interest or penalties owed by a provider, after taking into account specified factors, including the importance of the provider to the health care safety net in the community and the impact of the repayment amounts on the fiscal solvency of the provider.
Existing law requires the Office of Emergency Services to enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act with the Department of Forestry and Fire Protection to develop and administer a comprehensive wildfire mitigation program to, among other things, encourage cost-effective structure hardening and retrofitting to create fire-resistant homes, businesses, and public buildings. Existing law requires the State Fire Marshal, in consultation with specified state officials, to identify building retrofits and structure hardening measures, and the department to identify defensible space, vegetation management, and fuel modification activities, that are eligible for financial assistance under the program. Existing law specifies the types of designated wildfire hazard areas eligible for funding under the program. Existing authorizes the joint powers authority administering the program to accept federal funds for the purposes of the program. Existing law makes the operation of the program contingent upon an appropriation by the Legislature and would repeal the program's provisions on July 1, 2025. This bill would authorize the joint powers authority implementing the above-described program to accept voluntary contributions and would require the contributions be deposited in the California Wildfire Mitigation Financial Assistance Fund, which the bill would establish in the State Treasury. The bill would provide that moneys in the fund are available, upon appropriation by the Legislature for purpose of the program. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities, are under the direction of their governing boards. This bill would require the commission to require electrical corporations to include as a part of their billing statement to their customers a line item allowing the customers to designate a voluntary contribution, in excess of the amount due and owing to the electrical corporation for electrical service, in support of the above-described program. The bill would require that the electrical corporations to remit, on a monthly basis, the collected contribution to the state for deposit into the California Wildfire Mitigation Financial Assistance Fund. The bill would impose similar requirements on local publicly owned electric utilities, thereby imposing a state-mandated local program. The bill would authorize the commission to conduct audits on the electrical corporations regarding the voluntary contributions. The bill would authorize the State Energy Resources Conservation and Development Commission to conduct audits on the local publicly owned electric utilities regarding the voluntary contributions. The bill would repeal these provisions on July 1, 2025. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the Public Utilities Commission is a crime. Because a violation of an order or decision of the commission implementing requirements of the bill with respect to an electrical corporation would be 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 specified reasons.
