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California Bills
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HR 50: Relative to the 103rd Anniversary of the 19th Amendment.
Read. Adopted. (Page 2742.).
AB 115: Arts and Music in Schools—Funding Guarantee and Accountability Act: local control and accountability plan electronic template.
(1) Existing law, the Arts and Music in Schools—Funding Guarantee and Accountability Act, an initiative measure approved by the voters as Proposition 28 at the November 8, 2022, statewide general election, provides a minimum source of annual funding to K–12 public schools, including public charter schools, to supplement arts education programs for pupils attending those schools, as specified. Existing law requires the continuous appropriation for these purposes, without regard to fiscal years, from the General Fund to the State Department of Education, of an amount equal to 1% of the total state and local revenues received by local educational agencies in the preceding fiscal year that are included in the calculation of the minimum funding guarantee established by the California Constitution, as provided. Existing law requires funds to be allocated by the department to local educational agencies based on a formula that includes, among other things, a calculation of 30% of the total funds appropriated for the above-described purposes multiplied by the school's enrollment of economically disadvantaged pupils in the prior fiscal year, divided by the total statewide enrollment of economically disadvantaged pupils in the prior fiscal year of local educational agencies, as provided. Under existing law, a school serving preschool pupil's enrollment of economically disadvantaged pupils equals the preschool's enrollment times the same percentage of pupils that are economically disadvantaged at the closest elementary schoolsite within the preschool's local educational agency, if applicable. Existing law defines a preschool pupil, for these purposes, as a pupil enrolled in the California state preschool program or a preschool for pupils with exceptional needs in a local educational agency. Existing law authorizes funds allocated to schoolsites to be available for use for up to 3 fiscal years after which the funds revert to the department, as provided. Proposition 28 authorizes the Legislature to amend its provisions by a 23 vote of each house if the amendment furthers its purposes. This bill would revise and recast the provisions of Proposition 28 by, among other things, defining a preschool pupil as a pupil enrolled in the California state preschool program or a pupil 3 years of age through 5 years of age enrolled in a preschool program for pupils with exceptional needs in a local educational agency. The bill would deem the enrollment of economically disadvantaged preschool pupils to instead equal the enrollment of preschool pupils in the prior fiscal year times the same percentage of pupils that are economically disadvantaged at the elementary schoolsite with the highest percentage of economically disadvantaged pupils in the prior year within the preschool's local educational agency. If there is no elementary school within the preschool's local educational agency, the enrollment of economically disadvantaged preschool pupils would instead be deemed to equal the enrollment of preschools pupils in the prior fiscal year times the same percentage of pupils that are economically disadvantaged at the elementary schoolsite with the highest percentage of economically disadvantaged pupils in the prior year within the preschool's county. The bill would also require unexpended funds to revert to the department, including in the event of a closure of a charter school, as provided. The bill would require local educational agencies to report to the department, by October 1, the amount of unexpended funds following the conclusion of the 3-year-expenditure period, and would authorize the department to withhold the release of a local educational agency's allocation for the fiscal year in which the expenditure report is due until that local educational agency has submitted the expenditure report, as provided. The bill would declare that these provisions further the purposes of Proposition 28. (2) This bill would, commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, appropriate $148,000 from the General Fund to the department for the maintenance and support of the Local Control and Accountability Plan Electronic Template System and a specified database and reporting interface, as provided. (3) Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. (4) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
AB 125: Transportation budget trailer bill.
(1) Existing law establishes the Transportation Agency, which consists of various departments and state entities, including the California Transportation Commission and the Department of Transportation. Under existing law, the agency is under the supervision of an executive officer known as the Secretary of Transportation, who is required to develop and report to the Governor on legislative, budgetary, and administrative programs to accomplish comprehensive, long-range, and coordinated planning and policy formulation in the matters of public interest related to the agency. Existing law provides for the funding of public transit, including under the Mills-Alquist-Deddeh Act, also known as the Transportation Development Act. This bill would require the agency, on or before January 1, 2024, to establish and convene the Transit Transformation Task Force to include representatives from the department, various local agencies, academic institutions, nongovernmental organizations, and other stakeholders. The bill would require the task force to solicit and develop a structured, coordinated process for engagement of all parties to develop policy recommendations to grow transit ridership and improve the transit experience for all users of those services. The bill would require the agency, in consultation with the task force, to prepare and submit a report of findings and policy recommendations based on the task force's efforts to the appropriate policy and fiscal committees of the Legislature on or before October 31, 2025. The bill would require the report to include a detailed analysis of specified issues and recommendations on specified topics, including, among others, reforming the Transportation Development Act. The bill would repeal these provisions on January 1, 2028. (2) Existing law establishes the Transit and Intercity Rail Capital Program to fund transformative capital improvements that will modernize California's intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve certain policy objectives. Existing law requires the Transportation Agency to evaluate applications for funding under the program and to approve a multiyear program of projects, as specified, and requires the California Transportation Commission to allocate funding to applicants pursuant to the program of projects approved by the agency. This bill would require that moneys appropriated in the annual Budget Act from the General Fund to the Transportation Agency for purposes of the Transit and Intercity Rail Capital Program be distributed pursuant to a population-based formula to regional transportation planning agencies instead of through a program of projects, as specified. The bill would authorize a regional transportation planning agency, subject to compliance with the requirements described below, to use those moneys to fund transit operating expenses within its jurisdiction or for the transformative capital improvements authorized under the Transit and Intercity Rail Capital Program. The bill would establish the Zero-Emission Transit Capital Program under the administration of the Transportation Agency and would require funds appropriated under the program to be allocated to regional transportation planning agencies pursuant to a population-based formula and another formula based on transit operator revenues within the jurisdiction of those regional transportation planning agencies, as specified. The bill would authorize a regional transportation planning agency, subject to the requirements described below, to fund zero-emission transit equipment and transit operating expenditures, as specified. The bill would require the Transportation Agency to develop and administer an accountability program to govern the distribution of funds made available to the Transportation Agency for the Zero-Emission Transit Capital Program and the General Fund component of the Transit and Intercity Rail Capital Program described above. The bill would require the Transportation Agency to adopt guidelines governing the distribution of these funding sources in consultation with specified local agencies. Under the accountability program, the bill would require a regional transportation planning agency to comply with certain requirements, including submitting a regional short-term financial plan to the Transportation Agency for approval, in order to receive moneys from these funding sources during specified fiscal years, as provided. The bill also would require the Transportation Agency to support the transit goals of the accountability program by, among other things, working with the Department of Transportation and each region to identify service improvements that could further grow ridership at the regional and interregional levels. The bill would, as part of the accountability program, require a regional transportation planning agency to submit a long-term financial plan to the Transportation Agency by June 26, 2026, as prescribed. The bill would make a regional transportation planning agency ineligible to receive a grant under the above-described existing Transit and Intercity Rail Capital Program in the 2026–27 fiscal year, or any subsequent fiscal years, unless the Transportation Agency approves the long-term financial plan. The bill would make all these provisions subject to an appropriation of funds for these purposes in the Budget Act of 2023, 2024, 2025, or 2026. (3) Existing law requires the California Transportation Commission to advise and assist the Secretary of Transportation and the Legislature in formulating and evaluating state policies and plans for transportation programs in the state. Existing law requires the commission to organize itself into committees and requires commission members to receive a compensation of $100 per day, but not to exceed $800 for any commission business authorized by the commission during any month, when a majority of the commission approves the compensation by a recorded vote, plus the necessary expenses incurred by the member in the performance of the member's duties. Existing law also establishes advisory committees to the commission, including the Road Usage Charge Technical Advisory Committee and the Technical Advisory Committee on Aeronautics. This bill would require those members of advisory committees to the commission who are not members of the commission to receive a per diem of $100 for each day actually spent in the discharge of authorized advisory committee duties. The bill would also require those advisory committee members to be reimbursed for traveling and other expenses necessarily incurred in the performance of advisory committee duties. (4) Existing law provides for the allocation of various revenues under the Transportation Development Act, to transit operators that meet specified requirements, including, as applicable, requirements related to operating costs, fare box ratios, and revenues, as specified. Existing law exempts those entities, for the 2019–20 to 2022–23 fiscal years, inclusive, as provided, from penalties or other provisions that would reduce the amount of revenues allocated as a result of failing to meet those requirements. This bill would extend those entities' exemptions through the 2025–26 fiscal year, as specified. (5) The Vehicle License Fee Law, in addition to any other fee imposed on a vehicle by that law or by the Vehicle Code, imposes a transportation improvement fee on each vehicle and requires a portion of the revenues attributable to the fee to be transferred to the Public Transportation Account for the State Transit Assistance Program. Existing law continuously appropriates those funds to the Controller under a program commonly known as the State of Good Repair Program for allocation to transit agencies pursuant to specified formulas. Existing law restricts the expenditure of moneys under this program to (A) transit capital projects or services to maintain or repair a transit operator's existing transit vehicle fleet or existing transit facilities; (B) the design, acquisition, and construction of new vehicles or facilities that improve existing transit services; or (C) transit services that complement local efforts for repair and improvement of local transportation infrastructure. Existing law authorizes the recipient transit agency to instead expend funds apportioned for the 2019–20 to 2022–23 fiscal years, inclusive, under the program on any operating or capital expenses to maintain transit service levels if the governing board of the recipient transit agency makes a specified declaration. Existing law requires the Controller to allocate a specified portion of this funding for the 2019–20 to 2022–23 fiscal years, inclusive, to recipient transit agencies pursuant to specified individual operator ratios, as prescribed. This bill would extend the authorization of a recipient transit agency to additionally expend funds apportioned through the 2025–26 fiscal year under the program on any operating or capital expenses to maintain transit service levels if the governing board of the recipient transit agency makes that specified declaration. By expanding the purposes for which continuously appropriated funds may be used, the bill would make an appropriation. The bill would require the Controller to instead allocate a specified portion of that funding for the 2019–20 to 2025–26 fiscal years, inclusive, pursuant to specified individual operator ratios, as prescribed. (6) Existing law requires the transfer of a specified portion of the sales tax on diesel fuel, in addition to various other revenues, to the Public Transportation Account, a trust fund in the State Transportation Fund. Existing law requires funds in the account to be allocated for various public transportation and transportation planning purposes, with specified revenues in the account to be allocated by the Controller to specified local transportation agencies for public transportation purposes, pursuant to the State Transit Assistance Program. Existing law continuously appropriates a specified portion of the revenues attributable to the sales tax on diesel fuel and various other revenues to the Controller for allocation to each local transportation agency by formulas based 50% on population and 50% on transit operator revenues. Existing law requires each State Transit Assistance Program-eligible operator within the jurisdiction of the allocating local transportation agency to receive a proportional share of the revenue-based program funds based on the qualifying revenues of that operator, as defined. Existing law, for the 2020–21 to the 2022–23 fiscal years, inclusive, requires the Controller to calculate and publish the allocation of transit operator revenue-based funds made pursuant to the State Transit Assistance Program based on the same individual operator ratios published by the Controller in a specified transmittal memo, and authorizes the Controller to revise that transmittal memo, as specified. This bill would require, for the 2023–24 to 2025–26 fiscal years, inclusive, the Controller to calculate and publish the allocation of transit operator revenue-based funds made pursuant to the State Transit Assistance Program based on the same individual operator ratios published by the Controller in a specified transmittal memo, and would authorize the Controller to revise that transmittal memo, as specified. (7) Existing law vests the Department of Transportation with full possession and control of the state highway system and associated property. Existing law provides for cooperative agreements between the department and public entities for the performance of work by the department and those entities and apportionment of associated expenses. This bill would prohibit the department from charging any self-help counties with countywide sales tax measures dedicated to transportation improvements more than 10% for administration indirect cost recovery and would require the department to charge those self-help counties for functional overhead. (8) Existing law authorizes the Department of Motor Vehicles to establish a pilot program to evaluate the use of optional mobile or digital alternatives to driver's licenses and identification cards, subject to certain requirements, including, but not limited to, the voluntary participation of persons in the program and a limitation on the percentage of licensed drivers who can participate in the program. Existing law requires the department, in developing and implementing the use of digital driver's licenses and identification cards, to ensure the protection of personal information and include specified security features that protect against unauthorized access to information. This bill would expand the percentage of licensed drivers who can participate in the program from 0.5% to 5%. (9) Existing law requires the Department of Transportation to improve and maintain the state highways. This bill would appropriate $5,802,000 to the department to support statewide efforts addressing homelessness within the state highway system right-of-way. The bill would require the department, on or before January 1, 2026, to submit a report to the fiscal committees of the Legislature and the Legislative Analyst's Office summarizing the outcomes associated with the activities undertaken by its encampment coordinators. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
AB 114: Education finance: education omnibus budget trailer bill.
(1) Existing law establishes a public school financing system that requires state funding for school districts, county offices of education, and charter schools to be calculated pursuant to a local control funding formula, as specified. Existing law requires the Superintendent of Public Instruction to annually calculate a county local control funding formula for each county superintendent of schools that includes, among other things, an alternative education grant, as specified. Existing law includes, among other things, a base grant based upon average daily attendance as a component of that alternative education grant. This bill would revise the alternative education grant by, among other things, increasing the base grant component of the alternative education grant, revising the calculation of average daily attendance for purposes of the alternative education grant, as specified, and establishing add-ons of $200,000 for each county office of education that operates a juvenile court school and $200,000 for each county office of education that operates a county community school. The bill would require the Superintendent to allocate $3,000 per unit of average daily attendance for a Student Support and Enrichment Block Grant, as provided. The bill would make these provisions applicable commencing with the 2023–24 fiscal year. (2) Existing law, commencing with the 2018–19 fiscal year, requires the Superintendent to add $200,000 and other specified amounts, that are dependent upon the number and size of school districts under its jurisdiction and that are determined to be in need of differentiated assistance, to a county superintendent of school's local control funding formula allocation, as specified. This bill, commencing with the 2023–24 fiscal year, would increase the above-described add-on by $100,000. (3) Existing law, commencing with the 2015–16 fiscal year, requires the Superintendent to add $2,000,000 to the Los Angeles County Office of Education's local control funding formula allocation for the purpose of supporting statewide professional development and leadership training for education professionals related to antibias education and the creation of inclusive and equitable schools. This bill would, commencing with the 2023–24 fiscal year, increase that add-on for the Los Angeles County Office of Education by $1,000,000 to instead be $3,000,000. (4) The Early Education Act requires the Superintendent to administer the California state preschool program. The act also requires the Superintendent, in consultation with the Director of Social Services and the executive director of the State Board of Education, to convene a statewide interest holder workgroup to provide recommendations on best practices for increasing access to high-quality universal preschool programs for 3- and 4-year-old children offered through a mixed-delivery model that provides equitable learning experiences across a variety of settings. The act requires the Superintendent, in consultation with the director, to provide a report to the appropriate fiscal and policy committees of the Legislature and the Department of Finance with the recommendations of the workgroup no later than January 15, 2023. This bill would delay the reporting of those recommendations described above to instead be no later than March 31, 2024. (5) Existing law establishes the California Prekindergarten Planning and Implementation Grant Program as a state early learning initiative with the goal of expanding access to classroom-based prekindergarten programs. Existing law appropriates $300,000,000 from the General Fund to the State Department of Education in both the 2021–22 fiscal year and the 2022–23 fiscal year for allocation to local educational agencies as base grants, enrollment grants, and supplemental grants, as specified. The bill would authorize the department to allocate or prorate unexpended funds returned by or collected from a grant recipient for grants to local educational agencies for costs associated with the educational expenses of current and future California state preschool program, transitional kindergarten, and kindergarten professionals that support their attainment of required credentials, permits, or professional development in early childhood instruction or child development, including developing competencies in serving inclusive classrooms and dual language learners, as provided. By authorizing the use of appropriated funds for new purposes, the bill would make an appropriation. (6) Existing law establishes the After School Education and Safety Program under which participating public schools receive grants to operate before and after school programs serving pupils in kindergarten or any of grades 1 to 9, inclusive. Existing law authorizes specified entities to apply for grants under the After School Education and Safety Program, including local educational agencies and cities, counties, and nonprofit organizations in partnership with, and with the approval of, a local educational agency. This bill would require a local educational agency that contracts with a third party to operate before and after school programs to require the third party to (A) notify the local educational agency of any health- or safety-related issues, as specified, and (B) to request from parents or guardians pupil health information, as provided. (7) Existing law, the California School Finance Authority Act, authorizes a participating party, as defined, in connection with securing financing or refinancing of projects, or working capital, as defined, to elect to guarantee or provide for payment of the bonds and related obligations in accordance with specified conditions. Existing law requires participating parties to, among other things, elect to participate by an action of its governing board and provide written notice to the Controller. Existing law authorizes school districts and county offices of education with qualified or negative financial certifications, as provided, to intercept payments only for short-term financings, as provided. This bill would revise and recast those provisions by, among other things, authorizing participating parties to elect to participate in a local intercept by sending to the county treasurer, or other appropriate county fiscal officer, a request for the county to participate. If the county agrees to participate, the bill would require the county treasurer or other county fiscal officer to make an apportionment or revenue transfer, as provided. This bill would limit the authorization of school districts and county offices of education with qualified or negative financial certifications to intercept payments for indebtedness for which the repayment is determined to be probable, as provided. (8) Existing law establishes the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Grant Program under the administration of the State Allocation Board, to provide one-time grants to school districts to, among other things, construct new school facilities or retrofit existing school facilities for the purpose of providing transitional kindergarten classrooms and full-day kindergarten classrooms, as provided. Existing law appropriates, during specific fiscal years, specified sums of money to the board to provide the grants. This bill would extend the time that the above described appropriated funds are available for encumbrance or expenditure by the board until specified dates during specified fiscal years, thereby making an appropriation. (9) Existing law creates the Learning Recovery Emergency Fund in the State Treasury for the purpose of receiving appropriations for school districts, county offices of education, charter schools, and community college districts related to the state of emergency declared by the Governor on March 4, 2020, relating to the COVID-19 pandemic. Existing law appropriates $7,936,000,000 from the General Fund to the State Department of Education for transfer to the Learning Recovery Emergency Fund. Existing law requires the Superintendent of Public Instruction to allocate these appropriated funds to school districts, county offices of education, and charter schools, as provided. Existing law authorizes allocated funds to be used for learning recovery initiatives through the 2027–28 school year that, at a minimum, support academic learning recovery, and staff and pupil social and emotional well-being. Existing law requires local educational agencies receiving these allocations to report interim expenditures to the department by December 1, 2024, and December 1, 2027, and to submit a final report no later than December 1, 2029. This bill would reduce the above-described appropriation from the General Fund to the State Department of Education for transfer to the Learning Recovery Emergency Fund by $1,590,595,000 to instead be $6,345,405,000, thereby making an appropriation. The bill would require local educational agencies receiving these allocations to instead report interim expenditures to the department by December 15, 2024, and annually thereafter, and to submit a final report on expenditures by December 15, 2029. (10) Existing law requires a school district to use its uniform complaint process to help identify and resolve any deficiencies related to instructional materials, emergency or urgent facilities conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or misassignment, as provided. Under existing law, the procedure required under the uniform complaint process is intended to address, among other things, a complaint related to teacher misassignment that claims that a teacher who lacks credentials or training to teach English learners is assigned to teach a class with more than 20% of English learner pupils in the class. This bill would establish that the procedure required under the uniform complaint process is instead intended to address a complaint related to teacher misassignment that claims that a teacher who lacks credentials or training to teach English learners is assigned to teach a class with one or more English learner pupils in the class. To the extent this imposes new obligations on school districts, the bill would impose a state-mandated local program. (11) Existing law requires the Controller to create an audit guide that includes, among other things, instructions for procedures for determining, among other things, if there any unspent funds associated with the completion of a Charter School Facilities Program project, a Career Technical Education Facilities Program project, or a project where the local educational agency received hardship funding, as provided. This bill would delete the requirements that the Controller's audit guide include instructions for procedures for determining if there are any unspent funds associated with the completion of a Charter School Facilities Program project, a Career Technical Education Facilities Program project, and a project where the local educational agency received hardship funding, as provided. (12) For the 1990–91 fiscal year and each fiscal year thereafter, existing law requires that moneys to be applied by the state for the support of school districts, community college districts, and direct elementary and secondary level instructional services provided by the state be distributed in accordance with certain calculations governing the proration of those moneys among the 3 segments of public education. Existing law makes that provision inapplicable to the 1992–93 to 2022–23 fiscal years, inclusive. This bill would also make that provision inapplicable to the 2023–24 fiscal year. (13) Existing law, commencing with the 2022–23 fiscal year, requires a transportation allowance equal to 60% of the home-to-school transportation expenditures reported by the school district or county superintendent of schools as determined by its Function 3600 entry in the Standardized Account Code Structure report for the prior year, excluding capital outlay and nonagency expenditures, and reduced by the amount of a school district's or county superintendent of schools' transportation add-on under the local control funding formula, as adjusted. As a condition of receiving those apportionments, existing law requires a local educational agency to develop a plan describing the transportation services it will offer to its pupils, and how it will prioritize planned transportation services for pupils in transitional kindergarten, kindergarten, and any of grades 1 to 6, inclusive, and pupils who are low income, among other requirements related to this plan. Existing law authorizes a school district to convert all of its schools to charter schools if it meets certain specified requirements and its petition is approved by both the Superintendent and the State Board of Education. This bill would make the above-described transportation funding provisions inapplicable to a school district with an approved districtwide charter petition. (14) Existing law requires funding pursuant to the local control funding formula to include, in addition to a base grant, supplemental and concentration grant add-ons that are based on the percentage of unduplicated pupils, as specified, served by the county superintendent of schools, school district, or charter school. For purposes of the local control funding formula, existing law defines unduplicated pupil to mean a pupil who is classified as an English learner, eligible for a free or reduced-price meal, or a foster youth, as specified. This bill would, commencing with the 2023–24 fiscal year, annually appropriate $300,000,000 from the General Fund to the Superintendent of Public Instruction for allocation for the Local Control Funding Formula Equity Multiplier apportionment, which the bill would establish, as provided. The bill would require the funding to be allocated to eligible local educational agencies, as defined, on a per-unit basis of a schoolsite's total prior year adjusted cumulative enrollment, as specified, and would require an eligible schoolsite to receive not less than $50,000 annually for purposes of this apportionment. The bill would require the State Department of Education to submit an annual report to the relevant policy and fiscal committees of the Legislature, the State Board of Education, and the Department of Finance that includes specified information on pupil outcomes from the apportionment, as provided. (15) Existing law requires a school employer, as defined, to notify an employee when a wage overpayment has been made to the employee and afford the employee an opportunity to respond before commencing recoupment actions, and requires reimbursement to be made through one of 3 specified methods mutually agreed to by the employee and the employer. Existing law requires installment amounts deducted from payment of salary or wages pursuant to these provisions to not exceed 25% of the employee's net disposable earnings, except as specified. Existing law prohibits an administrative action taken by the employer to recover an overpayment unless the action is initiated within 3 years from the date of overpayment. The bill would provide that if these provisions conflict with a memorandum of understanding, the memorandum of understanding controls without further legislative action, except as provided. This bill would revise and recast those provisions by, among other things, requiring the school employer to notify the school employee in writing of an overpayment and specified rights, deleting the authorization for a school employer to require full repayment through payroll deductions for overpayments that have occurred for more than one year, revising the limits for installment payments, as specified, and, if a school employee disputes the existence or amount of a school employer's claimed overpayment, requiring the school employer to first initiate a legal action and obtain a court order or a binding arbitration decision validating the claimed overpayment amount, as specified. The bill would instead provide that if these provisions conflict with a memorandum of understanding, and it was in effect on July 31, 2022, the memorandum of understanding controls until its expiration or renewal. (16) Existing law requires the Commission on Teacher Credentialing, among other duties, to establish standards for the issuance and renewal of credentials, certificates, and permits. Existing law requires the commission to administer the State Assignment Accountability System to provide local educational agencies with a data system for assignment monitoring. Existing law requires the commission and the State Department of Education to enter into a data sharing agreement to provide the commission with employee assignment data necessary to annually identify misassignments and vacant positions at local educational agencies. Existing law authorizes the commission to promulgate regulations that define standards for a local educational agency, including a charter school, that consistently misassigns employees and what sanctions, if any, to impose on that local educational agency. Existing law requires the Superintendent to identify a list of schools for which the county superintendent, or a designee, shall inspect annually and submit an annual report that describes the state of schools in the county, as provided. As part of the development of that list, existing law requires the Superintendent to identify a list of schools where 15% or more of the teachers are holders of a permit, certificate, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential. This bill would revise and recast those provisions by, among other things, requiring the department to provide the commission with educator assignment data necessary to annually identify educator assignments, including assignments filled by individuals on preliminary or clear credentials, intern credentials, permits or waivers, misassignments, and vacant positions at local educational agencies. The bill would also require the commission to ensure local educational agencies have access to the results of the accountability system's process of assignment monitoring, publish annual certificated educator assignment data that reflects the level of preparation and licensure of educators serving California pupils, and support the department in providing annual updates that provide comprehensive information on teaching assignment outcomes inclusive of all educator classifications at the schoolsite, school district, and county level. The bill would expand the commission's above-described authority to promulgate regulations to apply to local educational agencies that consistently misassign educators, instead of employees, as provided. The bill would require the Superintendent to include on the list of schools where 15% or more of the teachers are holders of a permit, certificate, or any other authorization that is a lesser certification than a preliminary or clear California teaching credential all schools, except for alternative schools, within a local educational agency that fail to meet certain requirements. To the extent that this bill would create new duties for county superintendents of schools and local educational agencies, it would constitute a state-mandated local program. This bill would require the commission, on or before September 30, 2023, to examine and determine how it can ensure that transcripts will be reviewed for all candidates requiring determinations of basic skills or subject matter competence in order to complete their credentialing requirements, and, by November 15, 2023, provide recommendations on ways in which efficient transcript review can be provided to all candidates who require determinations to the relevant policy committees and budget subcommittees of the Legislature, the executive director of the State Board of Education or the director's designee, and the Director of Finance. (17) Existing law establishes the Teacher Credentials Fund, requires all fees levied and collected by the commission to be deposited in the fund, and prohibits those fees from being transferred to any other fund. Existing law also establishes the Test Development and Administration Account in the Teacher Credentials Fund, and requires all fees collected by the commission for tests, examinations, or assessments to be deposited in the account. Existing law requires the Department of Finance to recommend a reduction in credential or other fees if, at the beginning of any fiscal year, the commission has surplus funds, as provided. This bill would, commencing July 1, 2023, require all fees collected by the commission for tests, examinations, or assessments to instead be deposited in the Teacher Credentials Fund and would exempt these fees from the above-described requirements related to fee reductions when the commission has surplus funds, as provided. The bill would require these funds to be expended for the development, agency support, maintenance, or administration of tests or other assessments established, required, or administered by the commission, unless otherwise authorized by the Legislature. The bill would require the Department of Finance to annually recommend to the Legislature, as part of the budget review process, an appropriate credential fee sufficient to generate revenues necessary to support the operating budget of the commission plus a prudent reserve, as provided. (18) Existing law establishes that a preliminary teaching credential shall be valid for 5 years, pending completion of the clear credential program. Existing law requires the commission to grant or deny a completed application for a credential within 7 days of the date that the commission received the application if the applicant supplies the commission with evidence that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders and holds a valid teaching credential in another state, district, or territory of the United States. This bill would require the commission to issue a comparable credential to any United States military service member or their spouse or domestic partner, or a surviving spouse or domestic partner of a service member who died while serving as an active duty member of the Armed Forces of the United States in the previous 12 months, who, among other things, possesses and provides proof of a valid, out-of-state, unexpired, professional-level credential. The bill would limit a comparable credential issued under these provisions to be valid only for the duration of those military orders, except as provided. Existing law requires, as a minimum requirement for a preliminary multiple subject, single subject, or education specialist teaching credential, the satisfactory completion of a program of professional preparation that includes a teaching performance assessment that meets specified requirements and has been approved by the commission, as provided. This bill would require the commission to exempt specified preliminary multiple subject credential candidates and preliminary single subject credential candidates from the requirement, and any accompanying regulations, to complete a teaching performance assessment, as provided. (19) Existing law establishes the Teacher Residency Grant Program and appropriates funds from the General Fund to the commission to make one-time grants to develop new, or expand, strengthen, or improve access to existing, teacher and school counselor residency programs. Existing law requires grants provided for this purpose to be up to $25,000 per residency candidate. Existing law requires a residency candidate to agree to serve in a school within the jurisdiction of the grant recipient that sponsored the candidate for at least 4 school years, as provided. Existing law requires the commission to conduct evaluations of the grants and to provide a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature on or before December 1, 2027. This bill would require a residency candidate to instead agree to serve in any public school in California for at least 4 school years. The bill would increase the amount of the grants to instead be up to $40,000 per residency candidate. The bill would require grant recipients receiving an award during and after the 2023–24 fiscal year to provide residency candidates with a minimum compensation package of no less than $20,000. The bill would also extend by 2 years the deadline by which the commission is required to provide the above-described report to December 1, 2029. (20) Existing law establishes the Expanded Learning Opportunities Program. Existing law authorizes a local educational agency that elects to operate an expanded learning opportunity program to operate a before school component of a program, an after school component of a program, or both, and requires the local educational agency to comply with specified requirements, including the development of a program plan, as specified. This bill would, among other things, specify licensing requirements for purposes of the program depending on whether the expanded learning opportunity program is operated directly by a local educational agency or by a third party, as provided, and would require the Superintendent, in consultation with the State Department of Social Services, to establish a process and a timeline for local educational agencies that contract with third-party providers to operate expanded learning opportunity programs at a location other than a local educational agency's school campus pursuant to these provisions and California state preschool program providers to annually submit program access information to the State Department of Education, as specified. The bill would require the State Department of Education to distribute a compiled list to the State Department of Social Services for purposes of Community Care Licensing Division data collection and submission to a local educational agency's applicable resource and referral agency. The bill would require the Superintendent, in consultation with the State Department of Social Services, to submit a report to the relevant fiscal and policy committees of the Legislature relating to these provisions, as specified. Existing law requires the Superintendent to allocate funding for the program, as specified, and authorizes a charter school or school district, for the 2021–22 fiscal year, to expend the funds from the Superintendent from the 2021–22 and 2022–23 fiscal years, and, for the 2022–23 fiscal year, authorizes those local educational agencies to expend the funds received from the Superintendent from the 2022–23 and 2023–24 fiscal years. The bill would authorize charter schools and school districts, for the 2021–22 fiscal year, to instead expend or encumber the funds from the Superintendent from the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive, and, for the 2023–24 fiscal year, would authorize those local educational agencies to instead expend or encumber the funds received from the Superintendent from the 2022–23 and 2023–24 fiscal years. (21) For purposes of state apportionments, if the average daily attendance of a school district, county office of education, or charter school during a fiscal year has been materially decreased during a fiscal year because of an emergency, existing law requires the Superintendent to estimate the average daily attendance in a manner that credits to the school district, county office of education, or charter school the total average daily attendance that would have been credited had the emergency not occurred. Existing law requires the Superintendent to make specified calculations for purposes of state apportionments to a school district, county office of education, or charter school affected by the state of emergency declared by the Governor in November 2018, as provided. For the 2020–21 fiscal year for school districts, existing law requires the Superintendent to calculate the difference between the school district's certified second principal apportionment local control funding formula entitlement in the 2020–21 fiscal year and the 2019–20 fiscal year and, if there is a difference, to allocate the amount of that difference to the school district, and for the 2021–22 fiscal year, requires the Superintendent to allocate an amount equal to 25% of the difference calculated by the Superintendent for the 2020–21 fiscal year. Existing law continuously appropriates the amounts necessary to provide those apportionments. This bill would require the Superintendent, for the 2022–23 fiscal year for school districts, to allocate an amount equal to 12.5% of the difference calculated by the Superintendent for the 2020–21 fiscal year, thereby making an appropriation. (22) Existing law provides for the funding of necessary small schools and high schools, as specified. Existing law requires, among other things, that funding to include various specified amounts per pupil and teacher for different tiers of numbers of pupils and teachers. Existing law extends certain necessary small school funding provisions to school districts where a school eligible for necessary small school funding was destroyed as a result of a state of emergency that was declared by the Governor in August 2021 by authorizing school districts to continue to report the amount of attendance generated by pupils enrolled in another school of the school district that would have otherwise attended the destroyed school, and the number of full-time teachers employed by the school district that would have otherwise provided instructional services at the school, as if the school were operational in the 2021–22 and 2022–23 fiscal years. Existing law requires those schools to be considered a necessary small school for these purposes for the 2022–23 fiscal year. This bill would extend the applicability of those provisions to the 2023–24 fiscal year, as provided. (23) Existing law authorizes a school district or charter school to maintain a transitional kindergarten program. Existing law requires a school district or charter school to, as a condition of receipt of apportionment for pupils in a transitional kindergarten program, commencing with the 2023–24 school year, and for each year thereafter, maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms, contingent upon an appropriation of funds. Existing law also requires, as a condition of receipt of apportionment for pupils in a transitional kindergarten program, a school district or charter school to ensure that credentialed teachers who are first assigned to a transitional kindergarten classroom after July 1, 2015, have, by August 1, 2023, met one of 3 designated criteria establishing qualification for the position. Existing law requires the Superintendent of Public Instruction, commencing with the 2022–23 school year, to withhold a school district's or charter school's entitlements if a school district or charter school fails to comply with certain requirements, including, among others, the above-described qualification requirements, as specified. This bill would delay the start of the requirement that a school district or charter school maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms at each schoolsite until the 2025–26 school year, and would delete the requirement that this provision be contingent upon an appropriation of funds. The bill would delay until August 1, 2025, the deadline for a credentialed teacher first assigned to a transitional kindergarten classroom after July 1, 2015, to meet one of the designated criteria referenced above, and would make a conforming change to the above-described withholding provision. Existing law authorizes, in any school year, a school district or charter school to, at any time during a school year, admit a child to a transitional kindergarten program who will have their 5th birthday after the applicable cutoff date but during that same school year, as provided. This bill, notwithstanding that provision, would authorize a school district or charter school to enroll an early enrollment child, as defined, in a transitional kindergarten program if specified conditions are met, including, among others, that any classroom that includes an early enrollment child maintains an adult-to-pupil ratio of at least one adult to every 10 pupils, and would penalize a school district or charter school that fails to meet at least one of certain requirements, as provided. Under the bill, a pupil admitted to a transitional kindergarten program pursuant to these provisions is prohibited from generating average daily attendance or being included in the enrollment or unduplicated pupil count until the pupil has attained their 5th birthday. The bill, beginning July 1, 2023, and for the 2023–24 and 2024–25 school years, would require a school district or charter school that offers transitional kindergarten to early enrollment children to concurrently offer enrollment in a California state preschool program that is operated by the school district or charter school if it operates a California state preschool program and that program is not fully subscribed, and would authorize the school district or charter school to enroll an early enrollment child in the program, regardless of income, after all other eligible children have been enrolled. The bill would, for the 2023–24 and 2024–25 school years, require school districts and charter schools that serve early enrollment children in transitional kindergarten to report specified information to the State Department of Education, and would require the department to report that information, as specified, to the appropriate fiscal and policy committees of the Legislature by October 1, 2024, and again by October 1, 2025. The bill would make these provisions inoperative on July 1, 2025. (24) Existing law authorizes the governing board of a school district or a county board of education to request the state board to waive all or part of specified education laws or regulations adopted by the state board, as provided, with exceptions. Existing law establishes provisions relating to transitional kindergarten and kindergarten admission. This bill would prohibit the state board from waiving all or part of certain laws relating to kindergarten and transitional kindergarten admission. (25) The Charter Schools Act of 1992 authorizes the establishment and operation of charter schools. Existing law authorizes a charter school to appeal a school district's decision to deny a charter petition to the county board of education and, if the county board of education upholds the decision, to appeal the county board of education's decision to the State Board of Education. Existing law authorizes the state board to reverse those decisions only upon a determination that there was an abuse of discretion. This bill would instead authorize the state board to reverse those decisions only upon a determination that there was an abuse of discretion by each of the school district and the county board of education. Existing law authorizes a chartering authority to renew the approval of a charter school petition under specified procedures. Existing law requires all charter schools whose term expires on or between January 1, 2022, and June 30, 2025, inclusive, to have their term extended by 2 years. This bill would also require all charter schools whose term expires on or between January 1, 2024, and June 30, 2027, inclusive, to have their term extended by one additional year. By imposing new duties on local educational agencies acting as chartering authorities, this bill would impose a state-mandated local program. Existing law prohibits, from January 1, 2020, to January 1, 2025, inclusive, the approval of a petition for the establishment of a new charter school offering nonclassroom-based instruction, as defined. Existing law authorizes a charter school to receive funding for nonclassroom-based instruction only if the state board makes a specified funding determination. This bill would extend the prohibition on approving a petition for the establishment of a new charter school offering nonclassroom-based instruction by 1 year to instead be until January 1, 2026. The bill would require, no later than March 1, 2024, the Legislative Analyst's Office and the County Office Fiscal Crisis and Management Assistance Team to report to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the State Department of Education, and the executive director of the state board on the processes used to determine funding for nonclassroom-based charter schools. Existing law requires the State Department of Education to regard a charter school that is operating under a chartering authority other than the chartering authority that originally granted its charter petition and that meets certain requirements as a continuing charter school, in which case the charter school is not eligible for funding as a new charter school, as specified. Existing law defines an acquiring charter school as a state charter school site deemed a continuing charter school that has wholly combined with one or more other affected state charter school sites, as provided. Under existing law, on July 1, 2025, a charter school meeting the definition of an acquiring charter school is no longer regarded as a continuing charter school, as provided. This bill would extend the date at which a charter school meeting the definition of an acquiring charter school would no longer be regarded as a continuing charter school by one year to instead be July 1, 2026, and would make conforming changes to extend related provisions. (26) Existing law requires county boards of education to provide for the administration and operation of juvenile court schools by the county superintendent of schools or by contract with the respective governing boards of the elementary, high school, or unified school district in which the juvenile court school is located, as provided. Existing law encourages each county superintendent of schools or governing board of a school district, as determined by the county board of education, and the county chief probation officer to enter into a memorandum of understanding or equivalent mutual agreement to support a collaborative process for meeting the needs of wards of the court who are receiving their education in juvenile court schools. Existing law authorizes those agreements to include, among other things, a joint process for performing an intake evaluation for each ward to determine educational needs and ability to participate in all educational settings once the ward enters the local juvenile facility and requires that process to recognize the limitations on academic evaluation and planning that can result from short-term placements, as provided. If a memorandum of understanding or equivalent mutual agreement is agreed to as described above, the bill would require that memorandum of understanding or equivalent mutual agreement to instead include a joint process for performing an intake evaluation for each ward to determine educational needs and ability to participate in all educational settings within 2 business days, or under extraordinary circumstances up to 5 business days, of the ward entering the local juvenile facility and a transition plan for when the ward reenrolls at a local educational agency postplacement that would be required to be transferred to the postplacement local educational agency within 2 business days of the youth being enrolled in the postplacement local educational agency. The bill would require the department to annually report specified information relating to pupils in juvenile court schools on its internet website. The bill would require the department to enter into a contract for an independent evaluation of county juvenile court schools and county community schools, as provided, and to provide a report on that evaluation to the Legislature, the executive director of the state board or their designee, and the Director of Finance on or before November 1, 2025. The bill would require the Superintendent to convene a workgroup, as specified, on meeting the needs of pupils with disabilities who enroll in juvenile court schools operated by county offices of education, and would require the workgroup to, among other things, examine existing law and current practices regarding the education of pupils with disabilities enrolled in county juvenile court schools and county community schools and make recommendations on improvements, as provided. The bill would require the department, on or before February 25, 2025, to submit a report with the workgroup's findings and recommendations to the relevant policy and budget committees of the Legislature, the state board, and the Department of Finance. Existing law requires a county probation department to ensure that juveniles with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a juvenile hall or a juvenile ranch, camp, or forestry camp have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. Existing law encourages county probation departments to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the juvenile hall or a juvenile ranch, camp, or forestry camp. This bill would revise those activities, as specified, and require county probation departments to undertake them in collaboration with a county office of education, and in partnership with the California Community Colleges or the California State University, or in voluntary partnership the University of California, as provided. The bill would also apply these provisions to juveniles who are detained in, or committed to, secure youth treatment facilities, as provided. To the extent the bill imposes additional duties on local agencies, the bill would impose a state-mandated local program. (27) Existing law authorizes a public or private elementary or secondary school to determine whether or not to make emergency naloxone hydrochloride or another opioid antagonist and trained personnel available at the school, and to designate one or more volunteers to receive related training to address an opioid overdose, as specified. Commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, this bill would appropriate $3,500,000 from the General Fund to the State Department of Education for allocation to county offices of education for the purpose of purchasing and maintaining a sufficient stock of emergency opioid antagonists for school districts and charter schools within their jurisdiction to maintain a minimum of two units at each middle school, junior high school, high school, and adult school schoolsite, as provided. The bill would authorize the department to allocate up to $350,000 of those funds to county offices of education for administrative costs, as provided. The bill would require, as a condition of receipt of these funds, county offices of education to, among other things, coordinate the purchase of and maintain a stock of emergency opioid antagonists, as provided. (28) Existing law requires a school district or county superintendent of schools maintaining kindergarten or any grades 1 to 12, inclusive, to provide 2 school meals free of charge during each schoolday to each pupil who requests a meal without consideration of the pupil's eligibility for a federally funded free or reduced-price meal, as provided. Existing law requires the department to reimburse local educational agencies that participate in the federal School Breakfast Program and National School Lunch Program for all nonreimbursed expenses accrued in providing United States Department of Agriculture reimbursable meals to pupils, as provided. This bill would instead require the State Department of Education to provide state meal reimbursement to school districts, county offices of education, and charter schools that participate in, and meet the requirements of, the federal School Breakfast Program and National School Lunch Program, and any applicable state laws or regulations, for reduced-price and paid meals served to pupils, as provided. (29) Existing law requires a local educational agency to exempt an individual with exceptional needs from all coursework and other requirements who satisfies specified eligibility criteria, as provided. This bill would, among other things, instead specify that the exemption applies to an individual with exceptional needs who entered the 9th grade in the 2022–23 school year or later and would revise the eligibility criteria for an alternative diploma pathway, as provided. (30) Existing law requires the Student Aid Commission and the department to facilitate the completion of the Free Application for Federal Student Aid and the form used for purposes of the California Dream Act, in a specified manner. This bill would require the commission to provide the California College Guidance Initiative with the discrete data necessary to inform the educator reports available through a specified internet website so that educators can ensure that each individual pupil has successfully completed and submitted their Free Application for Federal Student Aid or California Dream Act Application. (31) Existing law requires the state board to, on or before March 31, 2014, adopt a template for a local control and accountability plan (LCAP) and an annual update to the LCAP for use by school districts, county boards of education, and charter schools. Existing law, on or before January 31, 2022, requires the template adopted by the state board to require the inclusion of certain information, including, among other things, a summary of the stakeholder engagement process, as provided. This bill would revise and recast the information required to be included to, among other things, require a summary of the stakeholder engagement process, including stakeholders at schools generating Local Control Funding Formula Equity Multiplier funding, as specified. Existing law requires the state board to include instructions for school districts, county offices of education, and charter schools to complete the LCAP and annual update to the LCAP, as specified. This bill would revise and recast provisions involving the contents of these instructions to, among other things, require these instructions to specify that school districts, county offices of education, and charter schools are required, commencing with 2024–25 local control and accountability plans to include certain actions in the LCAP when a school or pupil group within a local educational agency, or a pupil group within a school, received the lowest performance level on one or more state indicators on the California School Dashboard, as provided, and, for local educational agencies receiving Local Control Funding Formula Equity Multiplier funding, specific goals for each school generating that funding, as provided. By creating new requirements involving the template used by local educational agencies, the bill would impose a state-mandated local program. (32) Existing law requires each school district, county office of education, and charter school, on or before July 1, 2019, and each year thereafter, to develop a summary document known as the local control funding formula budget overview for parents. This bill would, for county offices of education, require the local control funding formula budget overview for parents to additionally and separately address county office of education add-on funding provided for purposes of juvenile court schools, funding provided for county community schools, and for the Student Support and Enrichment Block Grant, as specified. By imposing additional duties on county office of education officials, the bill would impose a state-mandated local program. Existing law, on or before July 1, 2015, and each year thereafter, requires the governing body of a charter school to hold a public hearing to adopt an LCAP using a template adopted by the state board. Existing law requires the governing body of a charter school to update the goals and annual actions to achieve those goals identified in the charter petition, as provided, using the template for the LCAP and annual update to the LCAP adopted by the state board, as provided. This bill would require a charter school to present a report on the annual update to the LCAP and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing body of the charter school, as provided. Existing law requires, before a governing board of a school district or a county board of education considers the adoption of an LCAP or an annual update to the plan, certain things to occur, including that the superintendent of the school district or the county superintendent of schools present the LCAP or annual update to the LCAP to the parent advisory committee for review and comment, as provided. This bill would additionally require the superintendent of a school district or the county superintendent of schools, before a governing board of a school district or a county board of education considers the adoption of an LCAP or an annual update to the plan, to present a report on the annual update to the LCAP and the local control funding formula budget overview for parents on or before February 28 of each year at a regularly scheduled meeting of the governing board of the school district or the county board of education, as specified. The bill would require the superintendent of the school district or the county superintendent of schools present the LCAP or annual update to the LCAP instead to any applicable advisory committee, including the parent advisory and English learner parent advisory committee, for review and comment, as provided. By requiring local educational agencies and officials to present this new report on or before February 28 of each year and to any applicable advisory committee, the bill would impose a state-mandated local program. (33) Existing law requires the single multiple measures public school accountability system authorized by the provisions requiring the state board to adopt evaluation rubrics to measure the overall performance of numerically significant pupil subgroups in schools, including charter schools, school districts, and county offices of education, as provided. Existing law includes within these numerically significant pupil subgroups, among others, English learners. This bill would include English learners and, separately, long-term English learners for this purpose. To the extent this would create new duties for local educational agencies, the bill would constitute a state-mandated local program. (34) Existing law requires the state board to, on or before October 1, 2016, adopt evaluation rubrics for certain purposes, including, among others, to assist a school district, county office of education, or charter school in evaluating its strengths, weaknesses, and areas that require improvement. Existing law requires the State Department of Education, in collaboration with, and subject to the approval of, the executive director of the state board, to develop and maintain the California School Dashboard, a web-based system for publicly reporting performance data on the state and local indicators included in the evaluation rubrics. This bill would require the public reporting of performance data on state and local indicators via the web-based system to be completed on or before certain dates for the prior school year and would require timelines associated with the collection of data through the California Longitudinal Pupil Achievement Data System to be adjusted to support these public reporting dates, as specified. To the extent this would create new duties for local educational agencies, the bill would constitute a state-mandated local program. (35) Existing law requires the superintendent of a school district to prominently post on the homepage of the school district's internet website any LCAP approved by the governing board of the school district, as specified. This bill would require the superintendent of a school district to prominently post on the homepage of the school district's internet website any LCAP approved by the governing board of the school district and the county superintendent of schools, as specified. By creating new duties for superintendents of school districts, the bill would impose a state-mandated local program. Existing law requires a county superintendent of schools to prominently post on the homepage of the county office of education's internet website any LCAP approved by the county board of education, as specified. This bill would require a county superintendent of schools to prominently post on the homepage of the county office of education's internet website any LCAP approved by the county board of education and the Superintendent of Public Instruction, as specified. By creating new duties for county superintendents, the bill would impose a state-mandated local program. (36) Existing law, beginning with the 2018–19 fiscal year and in each fiscal year thereafter, requires a county superintendent of schools to prepare a summary of how the county superintendent plans to support school districts and schools within the county in implementing LCAPs and to present the summary to the county board of education. Existing law, commencing with the 2019–20 fiscal year, and in each fiscal year thereafter, requires the county superintendent of schools to submit the summary with its LCAP. Under existing law, the above-mentioned requirements do not apply to a county superintendent of schools with jurisdiction over a single school district. This bill would instead apply those provisions to a county superintendent of schools with jurisdiction over a single school district. By creating new requirements for a county superintendent of schools with jurisdiction over a single school district, the bill would impose a state-mandated local program. (37) Existing law requires the county superintendent of schools to approve an LCAP or annual update to an LCAP adopted by the governing board of a school district, and requires the Superintendent of Public Instruction to approve an LCAP or annual update to an LCAP adopted by the county board of education, if specified determinations are made, including, among other things, that the plan or annual update adheres to and follows any instructions or directions for completing the template adopted by the state board. This bill would, among other things, require school districts and county offices of education that meet specified criteria to include in the LCAP or annual update to an LCAP the actions and services that implement the work related to technical assistance for improving the outcomes of the pupil group or groups that lead to the school district or county office of education to meet the specified criteria. To the extent the bill would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program. (38) Existing law requires a county superintendent of schools, if the governing board of a school district requests technical assistance, if the county superintendent of schools does not approve an LCAP or annual update to the LCAP approved by a governing board of a school district, or for any school district for which one or more specified pupil subgroups meets certain performance criteria, to provide technical assistance, as provided. This bill would require the county superintendent of schools, for any school district for which one or more specified pupil subgroups meets the certain performance criteria, to instead provide technical assistance for a minimum of 2 years, as provided. The bill would require the county superintendent of schools to additionally provide technical assistance for any school district that fails to submit specified data to the department, as provided. The bill would require, for any school district that meets the certain performance criteria for 3 or more consecutive years, the school district's geographic lead agency, in collaboration with the county superintendent of schools, to provide technical assistance to the school district, as provided. By creating new duties for county superintendents of schools, the bill would impose a state-mandated local program. (39) Existing law requires the Superintendent of Public Instruction, if the Superintendent does not approve an LCAP or annual update to the LCAP approved by a county board of education, if the county board of education requests technical assistance, or for any county office of education for which one or more of specified pupil subgroups meets certain performance criteria, to provide technical assistance, as provided. This bill would require the Superintendent, for any county office of education for which one or more specified pupil subgroups meets the certain performance criteria, to instead provide technical assistance for a minimum of 2 years, as provided. The bill would require the Superintendent to additionally provide technical assistance for any county office of education that fails to submit specified data to the department, as provided. (40) Existing law establishes the California Collaborative for Educational Excellence for the purpose of advising and assisting school districts, county superintendents of schools, and charter schools in achieving the goals set forth in an LCAP. The bill would require, by March 1, 2024, the California Collaborative for Educational Excellence and the department to select, subject to approval by the executive director of the state board and as a result of a competitive process, local educational agencies, or a consortium of local educational agencies, to serve as Equity Leads within the system of support, as provided. The bill would prescribe the competitive process for selecting Equity Leads and would require the Equity Leads selected to demonstrate a willingness and capacity to, among other things, develop and disseminate resources on effective practices for analyzing programs, identifying barriers and opportunities, and implementing actions and services to meet the identified needs of all pupils, including by addressing racial disparities. The bill would require Equity Leads to have certain responsibilities, including, among others, to support the work of local educational agencies, prioritizing those with schools receiving Local Control Funding Formula Equity Multiplier funding, as specified, in developing and implementing programs and supports that address racial disparities in opportunities and academic outcomes. The bill would, commencing with the 2023–24 fiscal year, appropriate an unspecified sum each fiscal year from the General Fund to the department to be awarded to local educational agencies serving as Equity Leads, as specified. (41) Existing law requires a school district, county office of education, or charter school that requests the advice and assistance of the California Collaborative for Educational Excellence to reimburse the California Collaborative for Educational Excellence for the cost of those services pursuant to authority provided in the annual Budget Act. This bill would instead provide that only a school district, county office of education, or charter school that is eligible for certain technical assistance may request the advice and assistance of the California Collaborative for Educational Excellence, as provided. The bill would additionally authorize the County Office Fiscal Crisis and Management Assistance Team to request the advice or assistance of the California Collaborative for Educational Excellence and would require the County Office Fiscal Crisis and Management Assistance Team to reimburse the California Collaborative for Educational Excellence for the cost of those services pursuant to authority provided in the annual Budget Act, as provided. (42) Existing law authorizes the Superintendent of Public Instruction, subject to the approval of the state board, to identify county offices of education and school districts in need of intervention if the county office of education or school district, in 3 out of 4 consecutive school years, meets specified criteria, as applicable, and the California Collaborative for Educational Excellence has provided advice and assistance to the county office of education or school district, as provided. Existing law authorizes the Superintendent, in those cases where a county office of education or school district has been identified as needing intervention to, among other things, make changes to the LCAP and develop and impose a budget revision. This bill would revise and recast those provisions by creating 2 separate intervention processes, as provided. The bill would first require the California Collaborative for Educational Excellence, in consultation with certain providers of technical assistance and the school district or the county office of education, as applicable, to determine if assistance from the California Collaborative for Educational Excellence is necessary, as provided. The bill would then authorize the Superintendent, subject to the approval of the state board, to identify county offices of education and school districts in need of intervention if the California Collaborative for Educational Excellence determines that the county office of education or school district, as applicable, has failed, or is unable, to implement the recommendations of the California Collaborative for Educational Excellence or that the inadequate performance of the county office of education or school district, based upon a specified rubric, as applicable, is either so persistent or acute as to require intervention by the Superintendent. By creating new duties for school districts and county offices of education in relation to their collaboration with the California Collaborative for Educational Excellence regarding assistance for these purposes, the bill would impose a state-mandated local program. (43) Existing law establishes the Community Engagement Initiative Expansion and, for the 2022–23 fiscal year, appropriates $100,000,000 from the General Fund to the Superintendent of Public Instruction for allocation to the collaborative to expand and strengthen the Community Engagement Initiative, as provided. For the 2022–23 fiscal year to the 2026–27 fiscal year, inclusive, existing law requires the collaborative and a selected lead agency to convene 30 community engagement professional learning networks, as provided, and requires these teams to be willing to, among other things, partner with other communities and school districts on improving community engagement. This bill would require a partnership pursuant to those provisions to include providing fiscal support to partner organizations to support their capacity for meaningful collaboration and implementation of the Community Engagement Initiative. (44) Existing law establishes the Bilingual Teacher Professional Development Program, administered by the department in consultation with the Commission on Teacher Credentialing, for teachers seeking to provide instruction in bilingual and multilingual settings. Existing law provides that the purpose of the grant program is to ensure that California can meet the demand for bilingual teachers necessary for the implementation of dual language and other bilingual education programs, as authorized by the California Education for a Global Economy Initiative, and to ensure California is able to meet the demand in preparing bilingual education teachers. Existing law requires the department to issue a minimum of 5 grants to applicants through a competitive process and to allocate grant funding to eligible local educational agencies for purposes of providing professional development services to teachers or paraprofessionals. Existing law requires grant recipients to provide a final report on specified information related to the program to the department by January 1, 2022. This bill would provide that it is also the purpose of the grant program to increase bilingual teachers in multiple languages to staff bilingual classrooms, such as Spanish, Vietnamese, Mandarin, Cantonese, Tagalog, and Arabic classrooms, and other languages, as represented in instructional programs. The bill would, among other things, require the department to meet quarterly with grant recipients to share promising practices and resources, and to resolve issues of implementation. The bill would, for the 2023–24 fiscal year, appropriate $20,000,000 from the General Fund to the Superintendent for purposes of the program, to be available for grants totaling $4,000,000 each fiscal year, from the 2023–24 fiscal year to the 2027–28 fiscal year, inclusive, and would require grant recipients of those funds to provide, by July 1, 2026, a preliminary report, and, by January 1, 2029, a final report, of specified information to the department, as provided. (45) Existing law requires the Superintendent to develop program guidelines for dyslexia to be used to assist regular education teachers, special education teachers, and parents to identify and assess pupils with dyslexia, as provided. This bill would require the state board to appoint an independent panel of experts on or before January 31, 2024, to create an approved list of screening instruments for assessing pupils in kindergarten and grades 1 and 2 for risk of reading difficulties, as provided. The bill would require the panel to approve the list of screening instruments on or before December 31, 2024, and would require the governing board or body of a local educational agency serving pupils in kindergarten or grades 1 or 2 to adopt one or more screening instruments from the list on or before June 30, 2025. The bill would require a local educational agency serving pupils in kindergarten or grades 1 or 2 to, commencing no later than the 2025–26 school year, and annually thereafter, assess each pupil in those grades using the adopted screening instrument, except as provided. If a pupil is identified as being at risk of having reading difficulties after being screened pursuant to these provisions, the bill would require the local educational agency to provide the pupil with supports and services, as provided. By imposing additional requirements on local educational agencies, this bill would create a state-mandated local program. The bill would appropriate $1,000,000 to the Superintendent for the state board to appoint the panel for the purpose of creating an approved list of screening instruments. (46) Existing law requires each special education local plan area to administer local plans, as provided. Existing law prohibits the governing board of a school district, from July 1, 2020, to July 1, 2024, inclusive, from electing to submit a local plan for the education of all individuals with exceptional needs residing in the district for the purpose of creating a single district special education local plan area, as provided. This bill would extend that prohibition by 2 years until July 1, 2026. The bill would require the Superintendent to post all local plans submitted by each special education local plan area on the department's internet website. Existing law requires, commencing with the 2023–24 fiscal year and for each fiscal year thereafter, the Superintendent to determine the base grant funding for each special education local plan area, as provided. This bill would require, for the 2023–24 fiscal year, each special education local plan area to, at minimum, allocate special education funding to all of its member local educational agencies equal to the total sum of base grant funding allocated to all of its member local educational agencies in the 2022–23 fiscal year multiplied by the sum of one plus a certain inflation factor for the 2023–24 fiscal year, and then multiplied by the sum of one plus the percent change in funded average daily attendance of its member local educational agencies from the 2022–23 fiscal year to the 2023–24 fiscal year, as provided. To the extent this imposes additional duties on a special education local plan area, this bill would impose a state-mandated local program. (47) Existing law states the intent of the Legislature to provide a system of assessments of pupils that has the primary purposes of (A) assisting teachers, administrators, and pupils and their parents, (B) improving teaching and learning, and (C) promoting high-quality teaching and learning using a variety of assessment approaches and item types. Existing law requires the department to acquire, and offer at no cost to local educational agencies, certain interim assessment tools for pupils in kindergarten and any of grades 1 to 12, inclusive, and requires those interim assessments to be designed to provide timely feedback to teachers to improve instruction, for communication with pupils' parents or guardians, and for identifying teachers' professional development goals. Existing law prohibits the results of these interim assessments from being used for any high-stakes purpose, including, among other specified uses, school staff evaluations or pupil grade promotion or retention. This bill would apply those purposes and that prohibition instead to any interim assessments offered by the department to local educational agencies. (48) Existing law establishes the California Longitudinal Pupil Achievement Data System (CalPADS) , which is maintained by the department and consists of pupil data from elementary and secondary schools, as specified, relating to, among other things, demographic, program participation, enrollment, and statewide assessments. Existing law requires the system to be used to accomplish specified goals and requires local educational agencies, in order to comply with federal law, to retain individual pupil records for each test taker, as provided. This bill would require local educational agencies, in order to accomplish those specified goals and to comply with the requirement to retain individual pupil records for each test taker, to submit data according to the processes and timelines established by the department, as provided. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program. (49) Existing law authorizes the California College Guidance Initiative (CCGI) to provide its services to all California school districts. Existing law requires the department to ensure that the notifications provided by local educational agencies, as required by the federal Family Educational Rights and Privacy Act of 1974, include appropriate content related to how CalPADS and CCGI data will be used, as provided. This bill would revise and recast those provisions by, among other things, authorizing CCGI to provide its services to all local educational agencies and requiring the department to instead notify local educational agencies of the additional use of CalPADS data and advise local educational agencies to include in their annual parent notifications, as required by the federal Family Educational Rights and Privacy Act of 1974, information about CalPADS and CCGI data, as provided. (50) Existing law establishes the Golden State Teacher Grant Program under the administration of the Student Aid Commission to award grants to students enrolled in professional preparation programs leading to a preliminary teaching credential or a pupil personnel services credential who commit to work for 4 years at a priority school, as provided. Existing law requires, except as provided, that a grant recipient agree to repay received grant funds if they do not complete their preparation program and earn a preliminary credential within 3 years after the first distribution of grant funds. Existing law requires the commission, in coordination with the State Department of Education, to publish a list of priority schools by April 15 of each year. This bill would expand the program to award grants to students who commit to work for 4 years at California preschool programs, as defined. The bill would require a grant recipient to agree to repay received grant funds if they do not complete their teacher preparation program and earn a preliminary credential within 6 years after the first distribution of grant funds. For purposes of satisfying the service requirement, the bill would authorize a grant recipient to use service at a school listed on the most recently published priority school list that is available when the grant recipient seeks employment at a priority school, and would require further service at that school to continue to satisfy the 4-year service requirement, even if the school is no longer included on future priority school lists. Existing law requires, for purposes of the Golden State Teacher Grant Program, the student to be enrolled in an approved teacher preparation program that has a main campus location or administrative entity that resides in the state, or to be enrolled in an approved teacher credential program at a California private or independent postsecondary educational institution, a nonprofit institution headquartered and operating in California, or a California public postsecondary educational institution. Existing law requires the Student Aid Commission to provide one-time grant funds of up to $20,000 to each enrolled student under the program, as specified. This bill would authorize the Commission on Teacher Credentialing to determine that a private postsecondary educational institution that offers a professional preparation program approved by the Commission on Teacher Credentialing qualifies for the program if the institution meets certain criteria, including that the institution was originally chartered and is currently operating as a nonprofit entity that offers services exclusively online to California residents. The bill would require the Student Aid Commission to provide one-time grant funds of up to $10,000 to each enrolled student in a private postsecondary educational institution qualified for the program under these provisions, as specified. (51) Existing law appropriates $15,000,000 from the General Fund to the Superintendent for the department and the California Collaborative for Educational Excellence, with approval from the executive director of the state board, to designate a county office of education to identify and curate a repository of high-quality open educational resources for use by local educational agencies. Existing law makes these funds available for encumbrance until June 30, 2024. This bill would extend the encumbrance period for that appropriation to June 30, 2025, thereby making an appropriation. (52) Existing law, for the 2022–23 fiscal year, appropriates $1,125,000,000 from the General Fund to the State Air Resources Board for the Hybrid and Zero-Emission Truck and Voucher Incentive Project to fund zero-emission schoolbuses to replace heavy-duty internal combustion schoolbuses owned by local educational agencies, as specified, and $375,000,000 from the General Fund to the State Energy Resources Conservation and Development Commission to fund zero-emission schoolbus charging or fueling infrastructure and related activities, including, but not limited to, charging or fueling stations, equipment, site design, construction, and related infrastructure upgrades, in order to complement those vehicle investments, as specified. Existing law, commencing with the 2023–24 fiscal year, requires the State Air Resources Board to award grants totaling $225,000,000, and requires the commission to award grants totaling $75,000,000, in each fiscal year to local educational agencies, as specified. This bill would delete the above-described appropriations and instead appropriate, for the 2023–24 fiscal year only, $375,000,000 from the General Fund to the State Air Resources Board for the Hybrid and Zero-Emission Truck and Voucher Incentive Project to fund grants to local educational agencies, as defined, for zero-emission schoolbuses to replace heavy-duty internal combustion schoolbuses owned by local educational agencies, as specified, and $125,000,000 from the General Fund to the State Energy Resources Conservation and Development Commission to fund grants to local educational agencies for zero-emission schoolbus charging or fueling infrastructure and related activities, including, but not limited to, charging or fueling stations, equipment, site design, construction, and related infrastructure upgrades, in order to complement those vehicle investments, as specified. (53) Existing law appropriates $413,000,000 from the General Fund to the Superintendent for apportionment to certain charter schools in the 2022–23 fiscal year. This bill would reduce the appropriation for that purpose by $122,977,000 to instead be $290,023,000. (54) Existing law, for the 2022–23 fiscal year, appropriates $1,300,000,000 from the General Fund in the 2021–22 fiscal year to the State Allocation Board for new construction and modernization projects under the Leroy F. Green School Facilities Act of 1998, as provided. This bill would, for the 2023–24 fiscal year, appropriate $1,960,500,000 from the General Fund to the State Allocation Board for new construction and modernization projects under the Leroy F. Green School Facilities Act of 1998, as provided. The bill would authorize the Department of General Services to charge against either of those appropriations, the administrative costs, not to exceed $15,000,000, incurred to implement the appropriation. By expanding the authorized uses of the $1,300,000,000 appropriation referenced above, the bill would make an appropriation. (55) Existing law appropriates $600,000,000 from the General Fund to the State Department of Education for allocation to certain school districts, county offices of education, and charter schools to expend on kitchen infrastructure upgrades that will increase a school's capacity to prepare meals served through a federal school meal program, as defined, including for freshly prepared onsite meals, as defined, to serve fresh and nutritious school meals using minimally processed, locally grown, and sustainable food, or for expanding meal options for pupils with restricted diets, as specified. Existing law appropriates $100,000,000 from the General Fund to the State Department of Education for allocation, in consultation with the Department of Food and Agriculture, to local educational agencies to expend on implementing specified school food best practices as part of reimbursable meals served through the federal National School Lunch Program and federal School Breakfast Program, as provided. Existing law requires the State Department of Education, in consultation with the Department of Food and Agriculture, to develop eligibility criteria for California-grown, whole or minimally processed, sustainably grown food, and plant-based or restricted diet food options from California producers that may be minimally processed and can be purchased by local educational agencies with appropriated funds, as provided. This bill would revise the list of specified school best practices, as provided, that local educational agencies are authorized to expend those funds on, thereby making an appropriation, and would make a corresponding change to the eligibility criteria that the State Department of Education, in consultation with the Department of Food and Agriculture, is required to develop. The bill would revise the definition of freshly prepared onsite meals, as specified, for purposes of both of the above-described provisions and would authorize the department, in the reasonable exercise of its discretion, to interpret this definition and provide guidance to local educational agencies to support the implementation of those programs, consistent with the intent of those programs. (56) Existing law appropriates $3,560,885,000 from the General Fund to the State Department of Education for the 2022–23 fiscal year to establish the Arts, Music, and Instructional Materials Discretionary Block Grant, as specified. This bill would reduce the above-described appropriation by $200,000,000 to instead be $3,360,885,000, thereby making an appropriation. (57) Existing law appropriates $250,000,000 from the General Fund to the Superintendent for allocation to local educational agencies meeting certain criteria for the Literacy Coaches and Reading Specialists Grant Program in order to employ and train literacy coaches and reading and literacy specialists to develop school literacy programs, mentor teachers, and develop and implement interventions for pupils in need of targeted literacy support, as provided. Existing law requires recipient local educational agencies to submit a report on how it used grant funds to the State Department of Education on or before June 30, 2027. Existing law also requires the Superintendent to provide a comprehensive report to the Department of Finance, State Board of Education, and the appropriate policy and fiscal committees of both houses of the Legislature on the data submitted by local educational agencies. This bill would revise and recast the reporting provisions by, among other things, requiring the recipient local educational agencies and the Superintendent to submit interim reports before the final reports, as provided. The bill would also require the Superintendent to submit the interim and final reports submitted by recipient local educational agencies to a certain selected entity to conduct an independent evaluation, as provided. The bill would prohibit the above-described funds from being used to support the salaries of existing literacy coaches and reading specialists. This bill would appropriate $250,000,000 from the General Fund to the Superintendent to augment the Literacy Coaches and Reading Specialists Grant Program to allocate moneys to eligible schoolsites, as defined, that did not receive moneys under the initial program to develop school literacy programs, employ and train literacy coaches and reading and literacy specialists, and develop and implement interventions for pupils in need of targeted literacy support. (58) The Budget Act of 2023 appropriates $118,810,000 to the department from the Federal Trust Fund, for purposes of the federal Stronger Connections Grant Program, in order to support local educational agencies to implement Multi-Tiered Systems of Support activities, as specified. This bill would require the Superintendent to award, subject to approval by the executive director of the state board, grants on a competitive basis to eligible local educational agencies pursuant to the requirements of the federal program, as provided. The bill would require grant funds to be used to establish safe, healthy, and supportive learning opportunities and environments in schools, as specified to include, among other things, implementation of high quality integrated academic, behavioral, and social emotional learning practices or services aligned to the Multi-Tiered System of Support. (59) This bill would require the Legislative Analyst's Office, by no later than March 15, 2024, to provide recommendations to the Department of Finance, the State Board of Education, and the relevant fiscal and policy committees of the Legislature for changes to the local control and accountability plan for county offices of education or, to the extent feasible, recommendations for alternative reporting requirements outside of the local control and accountability plan, as provided. (60) This bill would require the Superintendent of Public Instruction to allocate certain funding to the Commission on Teacher Credentialing to establish the Diverse Education Leaders Pipeline Initiative program for the purpose of providing grants to local educational agencies to train, place, and retain diverse and culturally responsive administrators in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, to improve pupil outcomes and meet the needs of California's education workforce, as provided. The bill would require the commission to award grants to local educational agencies of up to $30,000 per administrator candidate. The bill would require an administrator candidate for whom a grant is awarded to agree in writing to serve in a public school in California for a period of at least 2 school years. The bill would require the commission to submit a report on the program to the Department of Finance and the appropriate policy and fiscal committees of both houses of the Legislature on or before June 30, 2027. (61) This bill would, on or before June 30, 2024, appropriate an amount to be determined by the Director of Finance from the General Fund to the Superintendent in augmentation of a certain item in the Budget Act of 2023. The bill would make these funds available only to the extent that revenues distributed to local educational agencies for special education programs from successor agencies are less than the estimated amount determined by the Director of Finance. The bill would require, on or before June 30, 2024, the Director of Finance to determine if the revenues distributed to local educational agencies for special education programs from successor agencies exceed the estimated amount reflected in the Budget Act of 2023 and, if so, would require the Director of Finance to reduce the specified appropriation in the Budget Act of 2023 by the amount of that excess. (62) This bill would appropriate $1,000,000 from the General Fund to the department to create, in consultation with the executive director of the state board, a Literacy Roadmap to help educators apply the state's curriculum framework to classroom instruction, navigate the resources and professional development opportunities available to implement effective literacy instruction, and improve literacy outcomes for all pupils with a focus on equity, as provided. (63) This bill would appropriate $100,000 for the 2023–24 fiscal year to the Superintendent for allocation to the Sacramento County Office of Education to, in consultation with the executive director of the state board and the department, update distance learning curriculum and instructional guidance for mathematics in alignment with the state-adopted mathematics framework. (64) Existing law requires the department, on or before June 1, 2024, to develop evidence-based best practices for restorative justice practice implementation on a school campus and to make these best practices available on the department's internet website for use by local educational agencies. This bill would appropriate $7,000,000 from the General Fund to the Superintendent to be made available to support local educational agencies electing to implement the restorative justice best practices, as specified. (65) This bill would, commencing with the 2023–24 fiscal year, and for each fiscal year thereafter, appropriate $148,000 from the General Fund to the department for the maintenance and support of the Local Control and Accountability Plan Electronic Template System and a specified database and reporting interface, as provided. (66) This bill would, for the 2023–24 fiscal year, appropriate $100,000 from the General Fund to the department to contract with a specified independent evaluator to extend the evaluation of certain technical assistance, including by examining and analyzing California School Dashboard data, as provided. (67) This bill would, for the 2023–24 fiscal year, appropriate $1,000,000 from the General Fund to the Superintendent to, in consultation with the executive director of the state board, award $1,000,000 as a grant to the community-based organization Beyond Differences to support local educational agencies with the implementation of high-quality integrated academic, behavioral, and social-emotional learning practices. (68) This bill also would delete obsolete provisions, make conforming changes, and make technical changes. (69) This bill would provide that its provisions are severable. (70) 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. (71) Certain funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution. (72) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
AB 124: Energy.
(1) The Bergeson-Peace Infrastructure and Economic Development Bank Act establishes the California Infrastructure and Economic Development Bank (I-Bank) in the Governor's Office of Business and Economic Development, governed by a board of directors. The act, among other things, authorizes the I-Bank to make loans, issue bonds, and provide financial assistance for various types of projects that qualify as economic development or public development facilities. The Climate Catalyst Revolving Loan Fund Act of 2020 authorizes the I-Bank, under the Climate Catalyst Revolving Loan Fund Program, to provide financial assistance to any eligible sponsor or participating party for eligible climate catalyst projects, as defined, either directly to the sponsor or participating party or to a lending or financial institution, as specified. The act, beginning in the 2021–22 fiscal year, requires the I-Bank to adopt a climate catalyst financing plan, as specified, after meeting and conferring with authorized consulting agencies concerning specific categories of climate catalyst projects. The act establishes the Climate Catalyst Revolving Loan Fund, a continuously appropriated fund, in the state treasury for the purpose of implementing the objectives and provisions of act. This bill, beginning in the 2023–24 fiscal year, would require a climate catalyst financing plan to authorize the I-Bank to provide financial assistance and to use all financing authorities provided under the Bergeson-Peace Infrastructure and Economic Development Bank Act in its implementation of a climate catalyst financing plan. The bill would additionally authorize specified state agencies to provide consultation on climate catalyst projects to leverage federal funding available under the United States Environmental Protection Agency's Greenhouse Gas Reduction Fund, as provided, and would authorize the Climate Catalyst Revolving Loan Fund to receive moneys from the federal government and funds sourced from federal appropriations, as specified. The bill would require use of the moneys and funds to comply with specified criteria. (2) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) and the State Air Resources Board, on or before December 31, 2024, to prepare a Transportation Fuels Transition Plan and requires the Energy Commission and the state board to prepare the plan in consultation with the state's fuel producers and refiners and a multistakeholder, multiagency workgroup, including the California Environmental Protection Agency and the Natural Resources Agency, that is convened by the Energy Commission and the state board. This bill would instead require the Energy Commission, the state board, the California Environmental Protection Agency, and the Natural Resources Agency to convene the multistakeholder, multiagency workgroup and would require the workgroup to consist of members representing specified interests and groups, including the state's fuel producers and refiners. Existing law, beginning on June 26, 2023, establishes the Independent Consumer Fuels Advisory Committee within the Energy Commission to advise the Energy Commission and the Division of Petroleum Market Oversight. Existing law specifies that the committee has access to all information submitted to the Energy Commission or to the division necessary to fulfill its duties. This bill would instead specify that the committee has access to aggregated or otherwise anonymized information submitted to the Energy Commission or to the division necessary to fulfill its duties under conditions as the Energy Commission determines necessary to ensure that public disclosure of specific information does not result in an unfair competitive disadvantage to the person supplying the information or adversely affect market competition. (3) Existing law creates the Demand Side Grid Support Program, and requires the Energy Commission to implement and administer the program to incentivize dispatchable customer load reduction and backup generation operation as on-call emergency supply and load reduction for the state's electrical grid during extreme events. Existing law requires entities with generation or load reduction assets that are incentivized pursuant to the Distributed Electricity Backup Assets Program to participate in the program, and requires all energy produced as a result of the program to be settled at a relevant reference energy price. This bill would delete the requirements that those entities participate in the program and the produced energy be settled at a relevant reference energy price. (4) Existing law requires the PUC to convene or continue, until August 26, 2025, an independent peer review panel to conduct an independent review of enhanced seismic studies and surveys of the Diablo Canyon Units 1 and 2 powerplant, as specified. Existing law also establishes the Independent Safety Committee for Diablo Canyon until, at least, the United States Nuclear Regulatory Commission operating permit for the Diablo Canyon powerplant has ceased. This bill would require that the independent peer review panel continue until August 26, 2030. The bill would require that the Independent Safety Committee for Diablo Canyon continue until the Diablo Canyon powerplant has ceased operations and make other changes related to that committee. (5) Existing law establishes the California Water Resources Development Bond Fund and continuously appropriates moneys in the fund to the Department of Water Resources to provide for the acquisition, construction, and completion of certain state water facilities and for additions to the State Water Resources Development System, as specified. Existing law requires the department to procure eligible renewable energy resources and zero-carbon resources to satisfy the state agency obligations imposed on the system, as specified. The federal Inflation Reduction Act of 2022, among other things, authorizes specified entities, including the state and any political subdivision of the state, to elect to receive direct payments, rather than credits, for their participation in, or actions related to, certain federal incentives. This bill would establish the California Water Resources Development Bond Account within the fund, and would continuously appropriate all moneys in the account to the department to provide for the acquisition, construction, and completion of certain state water facilities and for additions to the State Water Resources Development System, as specified. By establishing a continuously appropriated account, the bill would make an appropriation. The bill would require the department, if it elects to receive a direct payment, rather than a credit, pursuant to the federal Inflation Reduction Act in connection with its procurement of eligible renewable energy resources and zero-carbon resources, as described above, to deposit those payments directly into the account, as specified. The bill would require use of the payments to comply with specified criteria. (6) Existing law establishes the Department of Water Resources Electricity Supply Reliability Reserve Fund and continuously appropriates moneys in the fund to the department for purposes of implementing projects, purchases, and contracts to carry out specified purposes, constructing, owning, and operating, or contracting for the construction and operation of, contracting for the purchase of electricity from, or financing actions to secure resources for summer reliability or to preserve the option to extend the life of specified facilities, and reimbursing electrical corporations for the value of imported energy or import capacity products that were delivered or capable of being delivered between July 1, 2022, and on or before September 30, 2022, and were procured at above-market costs or in excess of procurement authorizations set by the PUC and above the requirements needed to serve the electrical corporation's bundled customers in support of summer electric service reliability. This bill would authorize the department, for activities it undertakes for the purposes described above, to obtain applicable credits pursuant to the federal Inflation Reduction Act of 2022. If the department elects for direct payment of those applicable credits, the bill would require that those payments be deposited directly into the Department of Water Resources Electricity Supply Reliability Reserve Fund, as specified, thereby making an appropriation. The bill would require use of the payments to comply with specified criteria. The bill would additionally authorize the department to reimburse an electrical corporation for the value of imported energy or import capacity products delivered or capable of being delivered between October 1, 2022, and on or before October 31, 2023, and procured as described above. By expanding the purposes for which moneys in a continuously appropriated fund may be used, the bill would make an appropriation. (7) This bill would make legislative findings and declarations as to the necessity of a special statute for the Diablo Canyon powerplant. (8) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because certain of the above provisions would be part of the act and a violation of a PUC action implementing this bill's requirements 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 a specified reason. (9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
AB 117: Higher education trailer bill.
(1) Existing law establishes the Higher Education Student Housing Grant Program to provide one-time grants for the construction of student housing or for the acquisition and renovation of commercial properties into student housing for the purpose of providing affordable, low-cost housing options for students enrolled in public postsecondary education in the state. Existing law appropriates $1,434,133,000 for the 2022–23 fiscal year from the General Fund for the Higher Education Student Housing Grant Program for purposes of the one-time grants described above. This bill, commencing with the 2023–24 fiscal year, would require specified funding previously allocated, or planned to be allocated, to the University of California, the California State University, and the California Community Colleges for those construction grants to instead be funded by revenue bonds issued by the University of California and the California State University, and local revenue bonds issued by community college districts. The bill would require any General Fund support for those grants provided to the campuses of the University of California, the California State University, and the California Community Colleges to revert to the General Fund. The bill would eliminate the 2022–23 fiscal year General Fund appropriation for the Higher Education Student Housing Grant Program. (2) Existing law appropriates $650,000,000 from the General Fund to the office of the Chancellor of the California Community Colleges for transfer to the Learning Recovery Emergency Fund. Existing law requires the chancellor's office to allocate those funds to community college districts on the basis of actual reported full-time equivalent students, as provided. Existing law authorizes the funds to be expended for certain purposes related to the impact of the COVID-19 pandemic, including student supports, reengagement strategies, faculty grants, and professional development opportunities. This bill would authorize the funds in the Learning Recovery Emergency Fund to be used for additional purposes, including scheduled maintenance and special repairs of facilities and efforts to increase student retention rates and enrollment by engaging former community college students who may have withdrawn due to the impacts of the COVID-19 pandemic. (3) Existing law, until June 30, 2023, authorizes the University of California to provide a scholarship as established by the university or a campus of the university, derived from nonstate funds received for that purpose, to any of its enrolled students who meet the eligibility requirements for that scholarship. This bill would extend that authorization by 4 years. (4) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law requires each campus of the California Community Colleges, no later than July 1, 2022, to establish the position of Basic Needs Coordinator to assist students with on- and off-campus housing, food, mental health, and other basic needs services and resources, among other responsibilities, and to establish a Basic Needs Center where basic needs services, resources, and staff are made available to students, as specified. Existing law requires each community college campus to report certain information to the office of the Chancellor of the California Community Colleges related to basic needs services and resources. Existing law requires the chancellor's office to annually develop and submit a report to the Governor and the Legislature based on the data and information received from campuses and information on the use of funds made available to implement these provisions. This bill would require each community college campus to report additional information to the chancellor's office, including the number of students who received CalFresh benefits in the previous year. By expanding the duties of community college districts, the bill would impose a state-mandated local program. (5) The California Student Housing Revolving Loan Fund Act of 2022 provides zero-interest loans to qualifying applicants of the University of California, the California State University, and the California Community Colleges for the purpose of constructing affordable student housing and affordable faculty and staff housing. Existing law establishes the California Student Housing Revolving Loan Fund as a continuously appropriated fund in the State Treasury. This bill would appropriate $200,000,000 from the General Fund to the California Student Housing Revolving Loan Fund. The bill would require $150,000,000 of those funds to be available for University of California and California State University applicants, and the remaining $50,000,000 of those funds to be available for community college applicants, except as provided. (6) Existing law, the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, provides awards to certain California postsecondary students to help pay the costs of postsecondary education. Existing law sets the maximum Cal Grant A and B tuition award amount for new recipients in the 2022–23 award year at $9,358 for students attending independent institutions of higher education. Existing law authorizes community colleges to award an associate degree for transfer, and provides that the Cal Grant A and B tuition award amount for future years for students attending independent institutions of higher education depends on the number of commitments those institutions make to accept associate degrees for transfer. Beginning with the 2023–24 award year, existing law sets the maximum tuition award amount at either $9,358 or $8,056, depending upon whether the number of new unduplicated transfer students accepted by those institutions who have been given associate degree for transfer commitments in the prior award year exceeds statutory targets. This bill would set the 2023–24 award year amount for a new recipient attending an independent institution of higher education at $9,358. Beginning with the 2024–25 award year, the bill would set the maximum tuition award amount as either $9,358 or $8,056, with the higher amount conditioned on the achievement of the target numbers for associate degree for transfer commitments that apply for the prior award year. Under existing law, an otherwise qualifying institution with a 3-year cohort default rate that is equal to or greater than 15.5% is ineligible for initial and renewal Cal Grant awards at the institution, as specified, with certain exceptions. Existing law requires the commission to certify by November 1 of each year a qualifying institution's latest 3-year cohort default rate and graduation rate as most recently reported by the United States Department of Education, except for the 2022–23 and 2023–24 academic years existing law requires the commission to use the 3-year cohort default rate certified in 2020 for an otherwise qualifying institution. This bill would require the commission to also use the 3-year cohort default rate certified in 2020 for an otherwise qualifying institution for the 2024–25 academic year. (7) Existing law establishes the California Kids Investment and Development Savings (KIDS) Program, under the administration of the Scholarshare Investment Board, for the purpose of expanding access to higher education through savings. Existing law establishes the California Kids Investment and Development Savings Program Fund in the State Treasury to serve as the initial repository of all moneys received from state and private sources for the KIDS Program, and continuously appropriates moneys in the fund to the board for the KIDS Program. Existing law, upon appropriation by the Legislature, requires the board to establish one or more Scholarshare 529 accounts and make a seed deposit of moneys from the fund into a Scholarshare 529 account established under the KIDS Program in an amount of at least $25, as determined by the board. Specifically, those moneys are deposited in KIDS Accounts, one designated for each California resident child born on or after July 1, 2022. Existing law requires the board to provide awards from these KIDS Accounts, as specified, for each recipient child's qualified higher education expenses at an eligible institution of higher education. The Budget Act of 2019, among other things, appropriated $25,000,000 for the KIDS Program. This bill, commencing with the 2023–24 fiscal year, would increase the amount of seed deposits in KIDS Accounts to at least $100. If a child has no account balance at the child's institution of higher education of attendance, the bill would authorize the institution to distribute funds received from the board for the child directly to the child for the purpose of paying the child's qualified higher education expenses. The bill also would require the board to use $8,000,000 of the funds appropriated in the Budget Act of 2019 for the KIDS Program to establish a statewide integrated marketing campaign for the KIDS Program, as specified. By expanding the uses of funds continuously appropriated for the KIDS Program, the bill would make an appropriation. (8) Existing law establishes the Middle Class Scholarship Program (MCSP) under the administration of the Student Aid Commission. Existing law makes an undergraduate student eligible for a scholarship award under the MCSP if the student is enrolled at the University of California or the California State University, or enrolled in upper division coursework in a community college baccalaureate program, and meets certain eligibility requirements. Existing law generally sets the MCSP award at an amount that equals the difference between the student's cost of attendance and the sum of scholarships, grants, or fee waivers awarded to the student in excess of $7,898 in expected student contribution, and, for dependent students with a household income exceeding $100,000, a percentage of the parents' contribution, as specified. Existing law sets the maximum amount of a student's MCSP award based on a formula that considers the amount appropriated for the MCSP for the applicable award year. This bill, for the purposes of determining a student's MCSP award amount, would include additional forms of financial aid, as specified, awarded to the student. The bill would reduce the amount of a student's MCSP award if the MCSP award, in combination with other grants or scholarships treated as estimated financial assistance or other financial assistance under federal regulations, exceeds the allowable gift aid under the federal regulations. The bill would require current and former foster youth to receive the full amount that they are eligible to receive under the MCSP, as specified. (9) The Board of Governors of the California Community Colleges consists of 18 voting members, including 2 voting student members appointed by the Governor. Existing law requires the members of the board to receive their actual and necessary traveling expenses while on official business and $100 for each day the member attends to official business. This bill would require the office of the Chancellor of the California Community Colleges, from funds appropriated for this purpose in the annual Budget Act, to allocate $4,000 in financial assistance per semester, or the quarterly equivalent, to each student member of the Board of Governors of the California Community Colleges for each year of the student member's term. (10) Existing law establishes the Employment Opportunity Fund, to be administered by the Board of Governors of the California Community Colleges to promote equal employment opportunities in hiring and promotion at community college districts. As a condition for the receipt of moneys from the fund, existing law requires each participating community college district's equal employment opportunity program to ensure participation in, and commitment to, the program by community college district personnel. Existing law requires each participating community college district's equal employment opportunity plan to include steps that the district will take to eliminate improper discrimination or preferences in its hiring and employment practices. This bill would require the office of the Chancellor of the California Community Colleges, on or before January 1, 2024, to create a process to verify each participating community college district's proper implementation of strategies from methods identified by the chancellor's office to promote faculty diversity, as specified. The bill would also require the chancellor's office, on or before April 1, 2024, to update those strategies to include best practices, as provided. The bill would require participating community college districts to implement those strategies as a condition for the receipt of moneys from the fund. The bill would require the chancellor's office, on or before October 1, 2023, to implement a policy to verify that participating community college districts conduct the demographic analyses of their employment processes required by existing state regulations. (11) Existing law requires the Board of Governors of the California Community Colleges to adopt regulations regarding full-time faculty. This bill would require each community college district to annually report to the office of the Chancellor of the California Community Colleges on its progress in increasing the percentage of instruction by full-time faculty and in increasing faculty diversity. The bill would require the chancellor's office to synthesize this information into an annual systemwide report to be posted on a public internet website. The bill would require the chancellor's office to establish and implement a policy to verify that community college districts are using full-time faculty funding appropriated in a specific budget item of the annual Budget Act for the designated purposes and in accordance with applicable laws and regulations. The bill would require the Legislature to be informed of any community college district that fails to comply with these provisions and each failing community college district would be subject to notice at a meeting of the Board of Governors of the California Community Colleges. The bill would only apply to community college districts as a condition of receiving funds for the purpose of hiring new full-time faculty appropriated in a specific budget item in the annual Budget Act. (12) Existing law establishes the Strong Workforce Program, which, among other things, provides funding to career technical education regional consortia made up of community college districts and local educational agencies, as specified. Existing law requires a percentage of the funds apportioned for community colleges under the Strong Workforce Program to be apportioned directly to community college districts in the consortia to fund regionally prioritized projects and programs that meet the needs of local and regional economies, as specified. This bill would authorize a community college district to also use those funds apportioned directly to community college districts for additional specified purposes, including for student grants to cover fees for third-party certification and licensing. (13) Under existing law, the campuses of the California Community Colleges administer the Community Colleges Student Success Completion Grant program, which requires, for a student to qualify to receive a grant award, that the student receive a Cal Grant B or C award, make satisfactory academic progress, and be a California resident or exempt from paying nonresident tuition. Existing law awards $1,298 per semester, or the quarterly equivalent, for eligible students who enroll in 12, 13, or 14 units per semester, or the quarterly equivalent number of units, and awards $4,000 per semester, or the quarterly equivalent, for eligible students who enroll in 15 units per semester, or the quarterly equivalent number of units. This bill would increase the Community Colleges Student Success Completion Grant program award amount to $5,250 per semester, or the quarterly equivalent, for eligible students who are current or former foster youth enrolled in 12 or more units per semester, or the quarterly equivalent number of units. To the extent the bill would impose new duties on community college districts, the bill would impose a state-mandated local program. (14) The Budget Act of 2021 made appropriations for the support of the Board of Governors of the California Community Colleges for the 2021–22 fiscal year, including $2,347,663,000 for apportionments. This bill would amend the Budget Act of 2021 by reducing the appropriation made to the Board of Governors of the California Community Colleges for apportionments by $2,140,000. (15) The Budget Act of 2022 made appropriations for local assistance to the Board of Governors of the California Community Colleges for the 2022–23 fiscal year, including $5,798,825,000 for apportionments. This bill would amend the Budget Act of 2022 by increasing the appropriation made to the Board of Governors of the California Community Colleges for apportionments by $55,357,000. The bill would require, on or before June 30, 2024, community colleges receiving funds for this purpose to report to the office of the Chancellor of the California Community Colleges data, information, and conclusions related to increasing student retention rates and enrollment due to the impacts of the COVID-19 pandemic. The bill would require, on or before September 30, 2024, the chancellor's office to report to the Legislature and the Department of Finance based on the data, information, and conclusions received from those community colleges. The bill would authorize those community colleges to use the funds received to increase student retention rates and enrollment due to the impact of the COVID-19 pandemic for additional purposes. (16) Existing law appropriates $840,655,000 in the 2022–23 fiscal year from the General Fund to the Board of Governors of the California Community Colleges for allocation to community college districts for certain purposes, including scheduled maintenance and special repairs of facilities, at community colleges. This bill would reduce that appropriation by $500,013,000, would add support for childcare facility repair and maintenance, purposes related to the impact of the COVID-19 pandemic, and purposes related to discharge of unpaid student fees as purposes for which that money could be allocated, and would appropriate $5,732,000 in the 2023–24 fiscal year to the Board of Governors for allocation to community college districts for those same purposes. (17) Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education. If the federal Free Application for Federal Student Aid is not available on or before October 1, 2023, this bill, for the purposes of the 2024–25 award year only, would extend the March 2, 2024, application deadlines for financial aid programs administered by the commission by one month. (18) This bill would appropriate $2,500,000 from the General Fund to the Board of Governors of the California Community Colleges for allocation to East Los Angeles College for the creation of a Small Business Entrepreneurship and Innovation Center. (19) This bill would appropriate $500,000 from the General Fund to the Board of Governors of the California Community Colleges for the office of the Chancellor of the California Community Colleges to enter into a memorandum of understanding with a third-party research institution to conduct a systematic study of online and hybrid course offerings at the California Community Colleges. (20) Existing law provides a formula for the calculation of general purpose apportionments of state funds to California Community Colleges under which the office of the Chancellor of the California Community Colleges annually calculates a base allocation, supplemental allocation, and student success allocation for each community college district in the state, as specified. Existing law provides for an alternative calculation, based generally on the total computational revenue each district received in the 2017–18 fiscal year, cost-of-living adjustments, and changes in full-time equivalent student population, to ensure that the state allocates no less moneys to community college districts than would have been allocated under the previously generally applicable formula, as specified. This bill would appropriate $141,040,000 from the General Fund to the Board of Governors of the California Community Colleges to support apportionments to community college districts pursuant to these provisions. (21) This bill would appropriate $50,000,000 from the General Fund to the office of the Chancellor of the California Community Colleges for purposes related to increasing student retention and enrollment due to the impacts of the COVID-19 pandemic, and would authorize a community college to also use the funds for additional purposes, including scheduled maintenance and special repairs of facilities and additional purposes related to the impacts of the COVID-19 pandemic. (22) This bill, for the 2024–25 fiscal year to the 2028–29 fiscal year, inclusive, would annually appropriate $60,000,000 from the General Fund to the Board of Governors of the California Community Colleges to expand nursing programs and bachelor of science in nursing partnerships, as specified. (23) Certain funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution, as specified. (24) 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. (25) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
AB 123: Energy.
(1) The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Existing law requires the state board, by July 1, 2025, to develop, in consultation with specified stakeholders, a framework for measuring and then reducing the average carbon intensity of the materials used in the construction of new buildings, including those for residential uses. Existing law requires the framework to include a comprehensive strategy for the state's building sector to achieve a 40% net reduction in greenhouse gas emissions of building materials, as determined from a baseline calculated using data reported for the 2026 calendar year, as specified. Existing law requires the strategy to achieve this target as soon as possible, but no later than December 31, 2035, with an interim target of 20% net reduction by December 31, 2030. Existing law requires the state board, by July 1, 2029, to evaluate the feasibility and cost impact of achieving the interim target of 20% net reduction by December 31, 2030. This bill would extend the date by which the state board is required to develop the above-described framework from July 1, 2025, to December 31, 2026, and would require the framework to only measure the average carbon intensity of the materials used in the construction of new buildings, including those for residential uses. The bill would require the board to develop the comprehensive strategy for the state's building sector to achieve a 40% net reduction in greenhouse gas emissions of building materials, by December 31, 2028. The bill would extend the date by which the state board is required to evaluate the feasibility and cost impact of achieving the interim target of 20% net reduction from July 1, 2029, to December 31, 2029. (2) Existing law requires an electric vehicle charging station that requires payment of a fee to allow a person desiring to use the station to pay by credit card or mobile technology. Existing law authorizes the State Air Resources Board to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations, as provided. This bill would require an electric vehicle charging station that is newly installed or made publicly available to offer specified payment methods, as provided. The bill would authorize the State Energy Resources Conservation and Development Commission (Energy Commission) , by regulation that is effective no earlier than January 1, 2028, to add or subtract from the payment methods required by the bill, as appropriate in light of changing technologies. The bill would vest the authority to implement and enforce those requirements on electric vehicle charging stations with the Energy Commission and would specify that the state board has the authority to enforce the requirements on electric vehicle charging stations until the commission adopts regulations implementing those requirements. (3) Existing law establishes the Energy Commission and requires the commission to be composed of 5 members. Existing law provides an annual salary for members of the Energy Commission, effective as of January 1, 1988, and prescribes a method by which it may be increased. This bill would, for the 2023–24, 2024–25, and 2025–26 fiscal years, provide for an additional increase of 5% to the annual compensation of the members of the Energy Commission. (4) Existing law establishes the self-generation incentive program to increase the deployment of distributed generation and energy storage systems to facilitate the integration of those resources into the electrical grid, improve efficiency and reliability of the distribution and transmission system, and reduce emissions of greenhouse gases, peak demand, and ratepayer costs. Existing law requires the Public Utilities Commission (PUC) to require the administration of the program for distributed energy resources until January 1, 2026. Existing law requires the PUC, in consultation with the Energy Commission, to authorize, until January 1, 2026, the annual collection of a specified amount for purposes of the program. Existing law requires the PUC, in administering the program, to use funds appropriated by the Legislature for purposes of providing incentives to eligible residential customers, including those receiving service from a local publicly owned electric utility, and specifically requires the PUC to allocate 70% of those funds for incentives to eligible low-income residential customers who install either new behind-the-meter solar photovoltaic systems paired with energy storage systems or new energy storage systems and 30% of those funds for incentives to residential customers who install new behind-the-meter energy storage systems. This bill would instead require the PUC to allocate all of the funds appropriated by the Legislature to eligible low-income residential customers who install either behind-the-meter solar photovoltaic systems paired with energy storage systems or energy storage systems. Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because a violation of an order or decision of the PUC implementing the allocation of funds would be a crime, this bill would impose a state-mandated local program. (5) Existing law establishes the policy of the state that eligible renewable energy resources and zero-carbon resources supply 100% of electricity procured to serve all state agencies by December 31, 2035. Existing law requires the Department of Water Resources to procure eligible renewable energy resources and zero-carbon resources to satisfy the state agency obligations imposed on the State Water Resources Development System, commonly known as the State Water Project, pursuant to that policy. Existing law authorizes the department to satisfy all or a portion of those obligations by installing zero-carbon resources or eligible renewable energy resources behind the meter on State Water Resources Development System property to service its load. This bill would additionally authorize the department to satisfy all or a portion of those obligations by connecting zero-carbon resources or eligible renewable energy resources behind the meter on State Water Resources Development System property to service its load. (6) Existing law authorizes the Department of Water Resources to reimburse an electrical corporation for the value of imported energy or import capacity products that were delivered or capable of being delivered between July 1, 2022, and on or before September 30, 2022, and were procured at above-market costs or in excess of procurement authorizations set by the PUC and above the requirements needed to serve its bundled customers in support of summer electric service reliability. Existing law establishes the Department of Water Resources Electricity Supply Reliability Reserve Fund and continuously appropriates the moneys in the fund to the department for, among other things, those reimbursements. This bill would additionally authorize the department to reimburse an electrical corporation for the value of imported energy or import capacity products delivered or capable of being delivered between October 1, 2022, and on or before October 31, 2023, and procured as described above. By expanding the purposes for which moneys in a continuously appropriated fund may be used, the bill would make an appropriation. (7) 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. (8) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
AB 122: Public resources trailer bill.
(1) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) , on or before June 1, 2022, to evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and to establish megawatt offshore wind planning goals for 2030 and 2045. Existing law also requires the Energy Commission, among other things, to develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for offshore wind energy facilities and associated electricity and transmission infrastructure off the coast of California. Existing law repeals these provisions on January 1, 2027. This bill would express the intent of the Legislature that the administration conduct an assessment of offshore wind energy permitting and related resource needs across applicable state entities, including, but not limited to, the Energy Commission, the State Lands Commission, the California Coastal Commission, and the State Coastal Conservancy, as specified. The bill would also state that the outcomes of the assessment may be considered as part of a future budget. (2) Under existing law, the Department of Fish and Wildlife has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law, the California Endangered Species Act, requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species and to add or remove species from either list if it finds, upon the receipt of sufficient scientific information, as specified, that the action is warranted. The act prohibits the taking of an endangered or threatened species, except in certain situations. Under the act, the department may authorize, by permit, the take of endangered species, threatened species, and candidate species if certain conditions are met. A violation of the provisions of the Fish and Game Code is a crime. This bill, the Western Joshua Tree Conservation Act, would prohibit any person or public agency from importing into the state, exporting out of the state, or taking, possessing, purchasing, or selling within the state, a western Joshua tree or any part or product of the tree, except as provided. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. This bill, among other things, would authorize the department to authorize, by permit, the taking of a western Joshua tree if specified conditions are met, including, but not limited to, that the permittee mitigates all impacts to, and taking of, the western Joshua tree through measures that are roughly proportional in extent to the authorized taking of the western Joshua tree. The bill would authorize, in lieu of completing the mitigation measures on its own, a permittee to elect to satisfy the mitigation obligation by paying fees pursuant to a specified fee schedule, as provided. This bill would require any moneys collected be deposited into the Western Joshua Tree Conservation Fund, as provided, and would require the moneys in the fund to be continuously appropriated to the department solely for the purposes of acquiring, conserving, and managing western Joshua tree conservation lands and completing other activities to conserve the western Joshua tree, as provided. Because the bill would make the fund continuously appropriated, it would create an appropriation. The bill would authorize the department to enter into an agreement with any county or city to delegate to the county or city the ability to authorize the taking of a western Joshua tree associated with developing single-family residences, multifamily residences, as defined, accessory structures, and public works projects, as defined, concurrent with its approval of the project if certain conditions are met. This bill would require the department to develop and implement a western Joshua tree conservation plan in collaboration with governmental agencies, California Native American tribes, and the public. The bill would require the department to present the complete draft conservation plan at a public meeting of the commission, for its review and approval, as provided. (3) Existing law authorizes the California Science Center to enter into a personal services contract or contracts with the California Science Center Foundation without a competitive bidding process. This bill would authorize the Director of Finance, notwithstanding any other law and for any fiscal year, to allocate moneys to the California Science Center to mitigate the impact of future state minimum wage increases on these contracts. The bill would require the allocation to occur no sooner than 30 days, or no sooner than a lesser time as determined by the Chairperson of the Joint Legislative Budget Committee or their designee, after a written notification, as provided, is provided to specified chairpersons. (4) Existing law establishes within the Natural Resources Agency the Sixth District Agricultural Association, known as Exposition Park. Existing law establishes, as part of Exposition Park, the California African American Museum (museum) , governed by a board of directors, as provided. Existing law provides that the board of directors of the museum shall have sole authority to determine how funds that have been appropriated to it are to be expended and to contract with certain entities that the board determines to be appropriate and qualified to assist in the operation of the museum. This bill would instead provide that the board of directors of the museum shall have authority, but not sole authority, to determine how funds that have been appropriated to it are to be expended and to contract with those entities to assist in the operations of the museum. The bill would authorize the board of directors of the museum to enter into concession contracts to license or sell, or both, branded merchandise, and to enter into merchandise agreements, as provided. The bill would authorize the executive director of the museum, with approval of the Secretary of the Natural Resources Agency, to work to establish a nongovernmental trust, known was the California African American Museum Foundation, as provided. The bill would require the Department of Finance, on or before January 10, 2024, and annually thereafter, to submit a report relating to the foundation to specified legislative committees and the Legislative Analyst's Office, as provided. The bill would make these provisions inoperative on July 1, 2030 and would repeal them on January 1, 2031. Existing law establishes in Exposition Park the position of Exposition Park Manager for purposes of managing, scheduling, and administering all park-related events, as provided. This bill would authorize the office of the Exposition Park Manager (office) to enter into concession contracts to license or sell, or both, branded merchandise, and to enter into merchandise agreements, as provided. The bill would require the office, with the approval of the Secretary of the Natural Resources Agency, to work to establish a nongovernmental trust, known as the Exposition Park Foundation, as provided. The bill would require the Department of Finance, on or before January 10, 2024, and annually thereafter, to submit a report relating to the foundation to specified legislative committees and the Legislative Analyst's Office, as provided. The bill would make these provisions inoperative on July 1, 2030, and would repeal them on January 1, 2031. (5) Existing law requires the Secretary for Environmental Protection to establish a unified hazardous waste and hazardous materials management regulatory program and to designate local entities as certified unified program agencies, or CUPAs, to implement and enforce the unified program, including those programs concerning hazardous material release response plans and inventories, and accidental release prevention. Existing law requires, among other things, certain businesses to adopt plans to respond to hazardous material releases and requires stationary source owners to prepare a risk management plan to prevent accidental releases of certain substances, as provided. This bill would authorize the Secretary for Environmental Protection's designee to also implement those hazardous material release and accidental release prevention programs to same extent as the unified program agencies. (6) The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to approve a statewide greenhouse gas emissions limit equivalent to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. The act requires, until January 1, 2030, the Legislative Analyst's Office to annually report to the Legislature on the economic impacts and benefits of these greenhouse gas emissions targets. The act also establishes as policies of the state to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, to achieve and maintain net negative greenhouse gas emissions thereafter, and to ensure that, by 2045, statewide anthropogenic greenhouse gas emissions are reduced at least 85% below the statewide greenhouse gas emissions levels in 1990. The act requires the Legislative Analyst's Office to conduct independent analyses of the state board's progress toward these goals every 2 years and to prepare a report detailing its review. This bill would revise the requirement of the Legislative Analyst's Office to conduct those independent analyses by, among other things, requiring the Legislative Analyst's Office to conduct them as part of the annual report described above and to prepare an annual report detailing its review. (7) Existing law authorizes the Department of Finance, notwithstanding any other law, to delegate to the Department of Forestry and Fire Protection the right to plan, design, construct, and administer contracts and professional services for, legislatively approved capital outlay projects, as provided. This bill would instead authorize the Department of Forestry and Fire Protection, upon approval by the Department of Finance, to plan, design, construct, and administer contracts and professional services for, public works projects under the jurisdiction of the Department of Forestry and Fire Protection, as provided. The bill would authorize the Department of Forestry and Fire Protection, upon approval of the Department of Finance, to use any civil service classifications necessary to carry out the purposes of the above provision. The bill would authorize the Department of Finance to revoke this approval, in whole or in part, at any time. (8) Existing law establishes the Oil, Gas, and Geothermal Administrative Fund in the State Treasury for expenditure by certain public entities in connection with various activities relating to oil and gas operations, as specified. Existing law authorizes the State Oil and Gas Supervisor to order certain operations to be carried out on any property in the vicinity of which, or on which, is located any well or facility that the supervisor determines to be a hazardous well, an idle-deserted well, a hazardous facility, or a deserted facility, as specified. Existing law also establishes and requires the Geologic Energy Management Division to administer and manage the Oil and Gas Environmental Remediation Account in the Oil, Gas, and Geothermal Administrative Fund. Existing law requires moneys in the account to be used, upon appropriation by the Legislature, to plug and abandon oil and gas wells, decommission attendant facilities, or otherwise remediate sites that the supervisor determines could pose a danger to life, health, water quality, wildlife, or natural resources, as specified. Existing law prohibits the division from expending, commencing with the 2022–23 fiscal year, more than $5,000,000 in any one fiscal year, and, in addition, the amount actually expended by the division in the preceding fiscal year, not to exceed $7,500,000, from the dedicated General Fund appropriation for the 2022–23 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation, and the amount actually expended by the division in the preceding fiscal year, not to exceed $7,500,000, from the dedicated General Fund appropriation for the 2023–24 fiscal year, only if there is a dedicated General Fund appropriation for the 2023–24 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation. This bill would, among other things, authorize the division to expend, in addition to that $5,000,000 limit and on a one-time basis, $7,500,000 for the 2024–25 fiscal year, as a match to the dedicated General Fund appropriation for the 2022–23 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation. The bill would also authorize the division to expend, in addition to that $5,000,000 limit and on a one-time basis, $7,500,000 for the 2025–26 fiscal year only if there is a dedicated General Fund appropriation for the 2023–24 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation. (9) Existing law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system. Existing law requires those concession contracts to contain certain specified provisions, including a provision that the maximum term shall be 10, 20, or 50 years depending on certain conditions. Existing law sets the maximum term at 50 years if the concession contract is for the construction, development, and operation of multiple-unit lodging facilities, as specified. This bill would authorize the department to negotiate a concession contract, for a term of not more than 30 years, or an extension of an existing concession contract, for a term of up to an additional 30 years, and to negotiate other terms, as provided, at Old Town San Diego State Historic Park. Upon termination of the concession contract or termination an existing concession contract that was extended, the bill would require the concession to be put out to bid, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for Old Town San Diego State Historic Park. (10) Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. One unit is the Old Sacramento State Historic Park. Existing law authorizes the department to lease, for any use, all or any portion of any parcel of real property acquired for state park system purposes, as specified. This bill would require the department to include in any lease agreement, management agreement, or other agreement for the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historic Park a provision that requires the entity responsible for development of the hotel, and each sublessee or subcontractor employing the workforce performing hotel or food and beverage operations under the agreement, to enter into a labor peace agreement, as defined, with each labor organization, as defined, that represents, or seeks to represent, that workforce, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for the Old Sacramento State Historic Park. (11) Existing law establishes a stewardship program, under which a program operator, as defined, is required to submit to the Department of Resources Recycling and Recovery a complete stewardship plan for collecting and properly managing covered products, including drugs and home-generated sharps. Existing law requires a program operator to implement its stewardship plan once it is approved by the department. Existing law requires the department to adopt regulations to implement the program. Existing law requires a program operator to pay an administrative fee, to cover the costs of administering the program, to the department on a quarterly basis. Existing law prohibits the total amount of fees collected from exceeding the state's actual on reasonable cost to administer the program. This bill would require payment of the administrative fee every 6 months, instead of quarterly. The bill would replace the prohibition on fees exceeding the costs of administering the program with a requirement for the department to perform a semiannual reconciliation to ensure that the total fees collected do not exceed the state's actual and reasonable cost in administering the program. (12) Existing law requires the Natural Resources Agency to update every 3 years the state's climate adaptation strategy, known as the Safeguarding California Plan, and to coordinate with other state agencies to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires, to address the vulnerabilities identified in the plan, state agencies to maximize specified objectives, including promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation. Existing law defines "natural infrastructure" for this purpose to include the conservation, preservation, or sustainable management of any form of aquatic or vegetated terrestrial open space. This bill would add "aquifers" to a list of examples of aquatic or vegetated terrestrial open spaces for purposes of this definition of natural infrastructure. (13) Existing law requires that whenever the Attorney General prevails in a civil action to enforce specified laws, the court is to award the Attorney General all costs of investigating and prosecuting the action, including expert fees, reasonable attorney's fees, and costs, to be paid to the Public Rights Law Enforcement Special Fund. This bill would add certain laws relating to the supervision of dams and reservoirs to those for which a court is required to award the Attorney General those costs and fees if the Attorney General prevails in a civil action. The bill would require the Attorney General, upon request of the Department of Water Resources, to bring an action in superior court seeking injunctive relief, penalties, fees, costs, or any other remedies available to the department under the laws relating to dams and reservoirs, as specified. Existing law requires the department to inspect dams, reservoirs, and appurtenant structures to verify their safety, as specified. Existing law prevents the construction of any new dam or reservoir or the enlargement of any dam or reservoir until the owner has applied for and obtained from the department written approval of plans and specifications. Existing law requires the owner to submit an application to the department and prescribes a fee schedule based upon the estimated cost of the dam, reservoir, or enlargement for the filing of that application. Existing law requires the estimated cost of the dam or reservoir or enlargement to include specified component costs. This bill would increase the fees specified for the filing of an application for a new dam or reservoir, and would make an application for the repair, alteration, or removal of an existing dam or reservoir subject to those fees. The bill would require the department to annually adjust the fee schedule to reflect changes in the Consumer Price Index for goods and services published by the United States Bureau of Labor Statistics. The bill would require the department to adopt, by regulation, a process to adjust the fees to ensure the filing fees collected cover the department's reasonable costs for application work, and authorizes the inclusion of design review and construction oversight as application work for this purpose. The bill would authorize the department to refund filing fees paid by an owner if requested by the owner and to adopt, by regulation, a methodology for determining the criteria and process for those refunds. The bill would require the estimated cost of a dam or reservoir project, for purposes of determining the fee associated with an application, to include the labor costs of the owner for preparing environmental documentation to meet the requirements of the California Environmental Quality Act. Existing law provides that, in the event the actual cost of a new dam or reservoir or an enlargement exceeds the cost estimated for purposes of a dam or reservoir application fee by more than 15%, a further fee is required by the department before final approval, as specified, unless that further fee is to be computed at less than $20. This bill would provide that no further fee is due in this circumstance, or in the circumstance of an analogous underestimate for a repair, alteration, or removal of an existing dam or reservoir, if that further fee is to be computed at less than $500. (14) Existing law provides for the regulation and supervision of dams and reservoirs by the state, and requires the Department of Water Resources, under the police power of the state, to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property, as prescribed. This bill would require the department, upon appropriation by the Legislature, to develop and administer the Dam Safety and Climate Resilience Local Assistance Program to provide state funding for repairs, rehabilitation, enhancements, and other dam safety projects at existing state jurisdictional dams and associated facilities that were in service prior to January 1, 2023, subject to prescribed criteria. The bill would require the department to develop and adopt program guidelines and project solicitation documents before disbursing any grant funds. The bill would prohibit the department from using funds pursuant to these provisions for raising dams, increasing reservoir space, or otherwise increasing water impoundment. The bill would require a grant cost share of at least 50% for projects funded pursuant to the program, except as provided. (15) Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources. Existing law exempts certain routine maintenance and operation activities from those requirements after the initial notification and agreement and exempts certain emergency activities from those notification and agreement requirements. This bill would exempt specified activities regarding the diversion of floodflows for groundwater recharge from the above-described provisions. Existing law states that the right to water or to the use of water is limited to that amount of water that may be reasonably required for the beneficial use to be served. Existing law provides for the forfeiture of water rights to which a person is entitled when the person fails to beneficially use the water for a period of 5 years. Existing law declares that the storing of water underground, and related diversions for that purpose, constitute a beneficial use of water if the stored water is thereafter applied to the beneficial purposes for which the appropriation for storage was made. This bill would provide that the diversion of floodflows for groundwater recharge do not require an appropriative water right if specified conditions regarding the diversion are met, including, among other things, if a local or regional agency that has adopted a local plan of flood control or has considered flood risk as part of its most recently adopted general plan has given notice via its internet website, electronic distribution list, emergency notification service, or another means of public notice, that flows downstream of the point of diversion are at imminent risk of flooding and inundation of land, roads, or structures. The bill would provide that these provisions apply only to diversions commenced before January 1, 2029. The bill would provide that the state is not liable for flood damages related to actions authorized pursuant to these provisions. The bill would require the State Water Resources Control Board to post specified information related to the diversion of floodflows for groundwater recharge on its internet website, as specified. Existing law authorizes the state board to issue a cease and desist order against a person who is violating, or threatening to violate, certain regulations or requirements relating to water use. Under existing law, a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by, or a regulation or order adopted by, the state board may be held liable for an amount not to exceed $500 for each day that the violation occurs. This bill would authorize the state board to issue a cease and desist order against a person who is violating, or threatening to violate, any regulation adopted by the state board. The bill would also authorize the state board to issue a cease and desist order against a person who violates a condition or reporting requirement for the diversion of floodwaters for groundwater recharge, and would make the person liable in an amount not to exceed the sum of $500 for each day that the violation occurs. Existing law, the California Emergency Services Act, sets forth the emergency powers of the Governor under its provisions and empowers the Governor to proclaim a state of emergency for certain conditions, including drought. Existing law, until January 1, 2024, among other things, authorizes specified state agencies, subject to an appropriation for these purposes, to make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to, among other things, address immediate impacts on human health and safety, including providing or improving availability of food, water, or shelter. Existing law defines "interim or immediate relief" for purposes of these provisions to include specified types of relief and provides that eligible costs for interim or immediate relief include technical assistance, site acquisitions, and costs directly related to the provision of the project. This bill would extend the operation of this drought relief program indefinitely. The bill would add diversions of floodflows for groundwater recharge, as made lawful by this bill without appropriative water rights, and water use reduction and efficiency equipment to what is considered interim or immediate relief for purposes of these provisions. The bill would exempt the posting and dissemination of information related to drought emergency activities for purposes of these provisions from technology and internet website accessibility requirements, until posting an accessible version is practicable. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would exempt from CEQA the actions of any public agency that contracts with the United States Bureau of Reclamation, or is an entitlement holder under specified law for Colorado River water supplies, that are approved before December 31, 2026, that the Secretary of the Natural Resources Agency concurs in writing are reasonably necessary to implement Colorado River water conservation agreements with the United States Bureau of Reclamation, as well as those water conservation agreements themselves. Because the bill would require a lead agency to determine whether certain projects qualify for the new exemption, the bill would impose a state-mandated local program. (16) The Porter-Cologne Water Quality Control Act, with certain exceptions, requires a waste discharger to file a report of waste discharge with a California regional water quality control board and to pay an annual fee established by the State Water Resources Control Board. Existing law authorizes each regional board to prescribe water reclamation requirements for water that is used or proposed to be used as recycled water and to place those requirements upon the person recycling water, the user, or both. Existing law also authorizes each regional board, in lieu of issuing waste discharge requirements, as specified, or water recycling requirements for a user of recycled water, as specified, to issue a master recycling permit to a supplier or distributor, or both, of recycled water. This bill would additionally require persons who are subject to the prescribed water reclamation requirements for water that is used or proposed to be used as recycled water and persons who have been issued a master recycling permit to pay the annual fee established by the State Water Resources Control Board. The bill would also make conforming changes. (17) Existing law appropriates $822,400,000 from the General Fund and the Toxic Substances Control Account to the Department of Toxic Substances Control to be released according to a specified schedule and for various purposes, including to assist in the development of a forum that represents communities across California impacted by the department's programs and activities and to provide environmental justice advice, consultation, and recommendations to the Director of Toxic Substances Control and the Board of Environmental Safety. This bill would specify that the forum is within the department and would limit it to no more than 25 members. The bill would require the department to provide a $100 per diem plus travel expenses to forum members for forum meetings and would authorize the department to provide the same compensation to forum members for working group meetings, as specified. The bill would also authorize the department to enter into any necessary contracts to implement the provisions relating to the forum. By expanding the scope of an existing appropriation, the bill would make an appropriation. (18) Existing federal law, the Consolidated Appropriations Act, 2021, among other things, requires the United States Department of Health and Human Services to carry out a Low-Income Household Drinking Water and Wastewater Emergency Assistance Program, which is also known as the Low Income Household Water Assistance Program, for making grants to states and Indian tribes to assist low-income households that pay a high proportion of household income for drinking water and wastewater services, as provided. Existing law requires the Department of Community Services and Development to administer the Low Income Household Water Assistance Program in this state, and to receive and expend moneys appropriated and allocated to the state for purposes of that program, pursuant to the above-described federal law. Existing law, using funds appropriated in the Budget Act of 2022, requires the Department of Community Services and Development to continue to administer the Low Income Household Water Assistance Program in this state, until the appropriated funds are expended or until June 30, 2026, whichever occurs first. Existing law, for taxable years beginning on or after January 1, 2022, and before January 1, 2027, excludes from gross income any amounts of financial assistance received by an individual taxpayer pursuant to the above-described acts. This bill would repeal these provisions. The Water and Wastewater System Payments Under the American Rescue Plan Act of 2021 provides for the California Water and Wastewater Arrearage Payment Program established in the State Water Resources Control Board. Existing law requires the state board to survey community water systems to determine statewide arrearages and water enterprise revenue shortfalls, to adopt a resolution establishing guidelines for application requirements and reimbursement amounts for those arrearages and shortfalls, and, after adoption of the resolution, to accept applications from community water systems for funds to assist customers who have past-due bills from the COVID-19 pandemic bill relief period, as specified. Existing law makes these provisions inoperative on July 1, 2025, and repeals them on January 1, 2026. This bill would revise the program to make it applicable to private wastewater treatment providers and enterprise revenue shortfalls, as provided. The bill would extend the program until July 1, 2026, and repeal it on January 1, 2027. The bill would require any claim or cause of action based on the program that was commenced before January 1, 2027, whether or not reduced to a final judgment, or other action of an implementing agency undertaken pursuant the program, to be preserved, as specified. Existing law, the Budget Act of 2021, provides for an appropriation of $985,000,000 in Item 3940-162-8506, available to forgive residential and commercial customer arrearages and water enterprise revenue shortfalls where those arrearages and revenue shortfalls occurred during the period commencing March 4, 2020, to June 15, 2021, inclusive, as a result of the COVID-19 pandemic. This bill would expand the use of the above-described funds for wastewater enterprise revenue shortfalls. The bill would extend the time period covered by the appropriation to December 31, 2022. By extending the covered period, this bill would make an appropriation. (19) 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. (20) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
AB 101: Budget Act of 2023.
This bill would make appropriations for the support of state government for the 2023–24 fiscal year. This bill would declare that it is to take effect immediately as a Budget Bill.
AB 133: Courts.
(1) The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts, and establishes the Judicial Council to, among other things, adopt rules of court and perform functions prescribed by statute. Existing law, the Nonprofit Public Benefit Corporation Law, authorizes and regulates the formation and operation of, among others, nonprofit public benefit corporations. This bill would establish the California Access to Justice Commission, a nonprofit public benefit corporation, and would authorize the commission to receive funding appropriated by the Legislature. The bill would specify the membership of the commission and terms of the members. The bill would specify the purposes for which the commission may receive and use funding including, among others, providing ongoing leadership in efforts to achieve full and equal access to justice for all Californians. The bill would make the commission subject to the Nonprofit Public Benefit Corporation Law and would set the public meeting requirements for the commission. (2) Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law requires an attorney or law firm receiving or disbursing trust funds to establish and maintain an Interest On Lawyers' Trust Accounts (IOLTA) account in which the attorney or law firm is required to deposit or invest specified client deposits or funds. Existing law requires interest and dividends earned on IOLTA accounts to be paid to the State Bar of California and used for programs providing civil legal services without charge to indigent persons. Existing law requires the State Bar of California to distribute IOLTA funds and specified other funds to qualified legal service projects and qualified support centers, as defined, for the provision of civil legal services without charge to indigent persons in accordance with a specified statutory scheme. Existing law authorizes qualified legal services projects and qualified support centers to use the funds to provide work opportunities with pay and scholarships for disadvantaged law students to help defray their law school expenses, among other purposes. This bill would authorize qualified legal service projects and qualified support centers to also use the funds to provide loan repayment assistance for the purposes of recruiting and retaining attorneys in accordance with a loan repayment assistance program administered by the California Access to Justice Commission. The bill would appropriate $250,000 from the General Fund to the Judicial Council to provide funding to the California Access to Justice Commission to administer a tax advantaged student loan repayment assistance program for service providers employed by qualified legal service projects and support centers, as specified. (3) Existing law establishes the Appellate Court Trust Fund, the proceeds of which shall be used for the purpose of funding the courts of appeal and the Supreme Court. Existing law requires the funds, upon appropriation by the Legislature, to be apportioned by the Judicial Council to the courts of appeal and the Supreme Court taking into consideration all other funds available and the needs of each court in a manner that promotes equal access to the courts, ensures the ability of the courts to carry out their functions, and promotes implementation of statewide policies. This bill would authorize the funds to be apportioned by the Judicial Council to the Supreme Court, courts of appeal, and the Judicial Council, taking into consideration all other funds available to each and the needs of each. (4) Existing law generally requires the superior court, as an employer, to provide employees with the use of a lactation room or other location for employees to express milk in private, including, among other things, a clean and safe place to sit. Existing law requires the superior court, commencing July 1, 2024, to provide any court user access to a lactation room in any courthouse in which a lactation room is also provided to court employees, as specified. This bill would delay until July 1, 2026, the date by which the courts are required to provide public lactation rooms. (5) Existing law, until July 1, 2023, imposes a supplemental fee of $40 for filing any first paper subject to the uniform fee in certain civil proceedings, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2013–14 fiscal year. This bill, among other things, would remove the July 1, 2023, sunset from those provisions, thereby extending those supplemental fees indefinitely. Under existing law, the uniform fee for filing any specified motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is $60 until July 1, 2023, at which time that fee is reduced to $40. This bill would remove the July 1, 2023, reduction of that filing fee to $40 and would indefinitely extend the operation of the $60 supplemental fee. Existing law, until July 1, 2023, requires a $1,000 fee to be paid on behalf of all plaintiffs, and by each defendant, intervenor, respondent, or adverse party to a civil action that is designated or determined to be a complex case. On and after July 1, 2023, existing law requires a fee of $550 to be paid under those circumstances. Existing law, until July 1, 2023, imposes a limitation of $18,000 on the total amount of complex fees collected from all defendants, intervenors, respondents, or other adverse parties appearing in a complex case. On and after July 1, 2023, existing law imposes a limitation of $10,000 on the amount of the fee required to be paid in those circumstances. This bill would extend the operation of the $1,000 complex case fee and the $18,000 total fee limitation indefinitely, thereby extending that higher fee rate and limitation. (6) Existing law prohibits the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin, as specified, and authorizes a person to prosecute a writ of habeas corpus for a violation of those provisions. Existing law requires the court to appoint counsel for the petitioner if the petitioner cannot afford counsel and either the petition alleges facts that would establish a violation of those provisions or the State Public Defender requests counsel be appointed. This bill would require Judicial Council to promulgate standards for appointment of private counsel in superior court for claims where an individual has not been sentenced to death. The bill would require those standards to include a minimum requirement of 10 hours of training in the California Racial Justice Act of 2020 approved for Minimum Continuing Legal Education credit by the State Bar of California. The bill would, if the individual has been sentenced to death, require the appointment standards to be consistent with existing standards in the California Rules of Court. (7) 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 these provisions until January 1, 2026. The bill would exempt specific types of proceedings from these provisions. The bill would 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 additionally authorize, until January 1, 2026, the use of remote technology, as defined, for other types of proceedings, including, among others, proceedings regarding the involuntary treatment and conservatorship of gravely disabled persons under specified provisions, contempt proceedings, and competency proceedings. The bill would provide specified circumstances in which remote technology cannot be used. Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Existing law provides the right of a minor subject to juvenile court hearings to be physically present for those hearings. This bill would authorize the use of remote technology in juvenile justice proceedings, as defined, except in specified circumstances, until July 1, 2026. The bill would authorize the court to develop local procedures or protocols regarding the use of remote technology consistent with legislative findings and declarations in support of these provisions. The bill would require the Judicial Council, by April 1, 2024, to adopt, and trial court to implement by July 1, 2025, minimum standards for the courtroom technology necessary to permit remote participation in proceedings subject to these provisions. The bill would require, until July 1, 2024, that when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, that the reporter be physically present in the same room as the judicial officer, except as specified. The bill would require, beginning July 1, 2024, that when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, that the reporter be physically present in the same room as the judicial officer if the court cannot provide specified technology standards. The bill would repeal these provisions on January 1, 2026. The bill would require the Judicial Council to adopt rules that include standards for when a judicial officer, in limited situations and in the interest of justice, may preside over a remote court proceeding from a location other than a courtroom. 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 remote proceedings and purchases and leases of technology and equipment to facilitate remote conferences, hearings, or proceedings. Existing law prohibits, until January 1, 2024, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote proceeding conducted pursuant to specified provisions of the Penal Code. This bill would, until January 1, 2026, expand application of this provision to all proceedings that include participation through remote technology, but would limit application to an official reporter or official reporter pro tempore that qualifies as a "trial court employee," as defined. (8) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
AB 132: Income taxes: tax credits: motion pictures: occupational safety: California Film Commission.
(1) Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified, and charges the division with enforcement of the act. Other existing law relating to occupational safety imposes special provisions on certain industries and charges the division with enforcement of these provisions. This bill would establish the Safety on Productions Pilot Program. The bill, commencing July 1, 2025, and until June 30, 2030, inclusive, would require that an employer for a motion picture production that receives a specified motion picture tax credit, for that motion picture production, hire or assign a qualified safety advisor for California filming activities to perform a risk assessment and, if required under the bill, a specific risk assessment, as specified. The bill would require a dedicated safety advisor to be present on every motion picture production in the pilot program who is assigned exclusively to that motion picture production. The bill would require assessments to be accessible to specified affected persons and safety advisor access to locations and relevant facilities and items to ensure safety. The bill would require production to conduct a daily safety meeting, including, but not limited to, a safety meeting required when firearms are involved in a scene. The bill would require a safety advisor to participate in daily safety meetings, as specified. The bill would require an employer to identify a person for performers, crew, labor organization representatives, and the division to contact for issues regarding compliance. The bill would require the safety advisor to prepare a final safety evaluation report based on the actual risk and compliance experience. The bill would require the safety advisor, within 60 days following completion of filming activities, to provide the final safety evaluation report to the Industry-Wide Labor-Management Safety Committee and the California Film Commission. The bill would require the committee and the California Film Commission to jointly select an organization or firm to perform a written evaluation of the pilot program. The bill would require the selected organization or firm to review and assess the final safety evaluation reports on or before June 30, 2029, and make a nonbinding set of recommendations to the Legislature, as prescribed. These pilot program provisions would be repealed as of January 1, 2031. This bill would allow the use of a firearm or blank on motion picture productions only for specified purposes and under specified safety conditions. The bill would require a qualified property master, armorer, or assistant property master handling a firearm in the course of the motion picture production to have a specified state permit, to have completed certain training in firearms, and to have a specified federal document for the possession and custody of the firearm. The bill would specifically impose prescribed reporting requirements on employers engaged in motion picture production. The bill would specifically authorize the division to investigate, inspect, and cite employers, as prescribed. This bill would prohibit ammunition on a motion picture production, except in prescribed circumstances, subject to certain safety rules and laws. The bill would require an employer to require that any employee responsible for handling, or in proximity to, firearms on set completes a specific firearm training or equivalent training, as prescribed. The bill would require an employer to comply with the bill and any applicable safety standard. The bill would establish exemptions from its provisions for specified registered security guards and peace officers when they are on the perimeter of a set where motion picture production is happening. This bill would require the division to enforce these provisions. The bill would define terms for these purposes. These provisions of the bill would become operative on January 1, 2025. (2) Existing law, the Motion Picture, Television, and Commercial Industries Act of 1984, establishes within the Governor's Office of Business and Economic Development (GO-Biz) , the California Film Commission consisting of 26 members, with 13 members appointed by the Governor, as provided. This bill would increase the number of members of the California Film Commission to 27, and would require that the Governor appoint 14 of those members. The bill would also require that, in addition to existing member requirements, one of the members of the California Film Commission appointed by the Governor be a diversity, equity, and inclusion expert employed in the motion picture industry. (3) The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a motion picture credit for taxable years beginning on or after January 1, 2020, to be allocated by the California Film Commission on or after July 1, 2020, and before July 1, 2025, in an amount equal to 20% or 25% of qualified expenditures for the production of a qualified motion picture in this state, with additional credit amounts allowed, including for amounts equal to specified qualified expenditures and qualified wages relating to original photography outside the Los Angeles zone, as specified. Existing law also allows a credit for taxable years beginning on or after January 1, 2022, and before January 1, 2032, in an amount equal to 20% or 25%, or as modified, of qualified expenditures paid or incurred during the taxable year by a qualified motion picture produced in this state at a certified studio construction project. Existing law defines a qualified motion picture for these purposes in the same manner as the motion picture credit and additionally requires that the qualified motion picture provide a diversity workplan that is approved by the commission and be certified as a certified studio construction project by the commission within 3 years of claiming the credit. Existing law requires a diversity workplan to include certain goals the motion picture will seek to achieve in terms in relation to race, ethnicity, and gender of employees and contractors. Existing law requires the qualified motion picture to pay or incur at least $7,500,000 in qualified wages during the taxable year for filming on soundstages certified as a certified studio construction project. This bill would instead require a certified studio construction project to be certified by the commission for a period of 5 years. This bill would require the qualified motion picture to pay or incur at least $5,000,000 in qualified wages, and would remove the requirement that it be during the taxable year. This bill would also require a diversity workplan, in addition to existing requirements, to include information relating to goals the motion picture will seek to achieve in terms of disability status. Existing law limits the aggregate amount of credits that may be allocated under the certified studio construction project credit to $150,000,000, as specified, and limits the allocation for a season of a series or a feature film to $12,000,000. This bill would limit the amount that may be allocated to any qualified motion picture to $12,000,000, or $750,000 per episode for a season of a television series. (4) Existing law prohibits a qualified motion picture from receiving both the motion picture credit and the certified studio construction project credit during the same fiscal year, unless the applicant is a recurring television series that is no longer eligible for the certified studio construction project credit, as specified. This bill would instead authorize a qualified motion picture that satisfies the criteria of the certified studio construction project credit but does not receive a certified studio construction project credit for specified reasons to apply for a motion picture credit. The bill would require a recurring television series that satisfies the criteria of the certified studio construction project credit but is no longer eligible for a certified studio construction project credit to receive a motion picture credit allocation, as provided. The bill would authorize a qualified motion picture to apply for, and would require a recurring television series to receive, a credit allocation from any successor motion picture tax credit program. This bill would define a recurring television series for these purposes as any television series that was previously approved and issued a credit allocation letter. (5) Existing law, with respect to the motion picture credit allowed under the Corporation Tax Law, authorizes a qualified taxpayer, in the case where the motion picture credit exceeds the taxpayer's tax liability, to elect to assign any portion of the credit to one or more affiliated corporations for each taxable year in which the credit is allowed. Existing law defines an affiliated corporation for these purposes as a corporation that is related to a corporation required to file under the Corporation Tax Law because of specified conditions, including that more than 50% of its voting stock is owned directly or indirectly by a corporation also required to file. This bill would instead define an affiliated corporation for these purposes as a corporation that is a member of a commonly controlled group, as defined. (6) This bill would provide that the provisions referenced in paragraphs (3) to (5) , inclusive, would be operative for taxable years beginning on or after January 1, 2023, except as provided. (7) This bill, for taxable years beginning on or after January 1, 2025, would allow a new motion picture credit (motion picture credit 4.0) to be allocated by the California Film Commission on or after July 1, 2025, and before July 1, 2030, in an amount equal to 20% or 25% of qualified expenditures for the production of a qualified motion picture in this state, and would require the credit to be administered in accordance with the existing motion picture credit, except as specified. This bill would allow a qualified taxpayer to submit a diversity workplan, as defined, and would require the California Film Commission to reduce the monetary value of the motion picture credit 4.0 allocation by 4% if a qualified taxpayer chooses not to submit a diversity workplan or if the California Film Commission determines that the qualified taxpayer has not met or made a good-faith effort to meet the diversity goals in its diversity workplan. Existing law establishes the continuously appropriated Tax Relief and Refund Account and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. This bill would allow a qualified taxpayer to elect to be paid a refund if the amount allowable as a credit under the motion picture credit 4.0 exceeds the qualified taxpayer's tax liability for the taxable year, and would allow the excess to be carried over, as specified. By requiring moneys to be paid from the Tax Relief and Refund Account, the bill would make an appropriation. (8) The Personal Income Tax and Corporation Tax Law require credits allowed against the taxes imposed by those laws to be applied in a specified order. Those laws also describe a tentative minimum tax, and prohibit a tax credit from reducing the tax owed by a taxpayer below the tentative minimum tax, except as provided. This bill, for taxable years beginning on or after January 1, 2020, would allow the motion picture credit and the certified studio construction project credit to reduce the amount owed by a taxpayer below the tentative minimum tax. The bill, for taxable years beginning on or after January 1, 2025, would also allow the motion picture credit 4.0 to reduce the amount owed by a taxpayer below the tentative minimum tax. (9) Existing law requires any bill authorizing a new tax expenditure, as defined, to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include findings and reporting requirements in compliance with this requirement. (10) This bill would also make findings and declarations related to a gift of public funds. (11) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (12) This bill would state that its provisions are severable. (13) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
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