Existing law, subject to certain exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law establishes criteria for determining if a handgun is an unsafe handgun. Existing law, commencing July 1, 2022, requires that a handgun, to be included on the roster, be designed and equipped with microscopic characters used to identify the pistol, imprinted on the interior of the pistol and transferred to each cartridge case when the firearm is fired. This bill would, until July 1, 2022, require those microscopic characters to be imprinted in 2 one or more places on the interior of the pistol, provided that the department certifies that the technology used to create the imprint is available to more than one manufacturer unencumbered by any patent restrictions. Existing law, commencing July 1, 2022, also precludes from inclusion on the list a firearm that is not already on the list if it does not have a chamber load indicator or magazine disconnect mechanism, as specified. This bill would preclude a firearm from the list if it doesn't have a chamber load indicator or magazine disconnect mechanism and wasn't on the roster as of 2007. The bill would make other nonsubstantive conforming changes. By expanding the number of firearms the sale or manufacture of which would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
(1) The Safe Drinking Water and Toxic Enforcement Act of 1986, an initiative measure approved by the voters as Proposition 65 at the November 4, 1986, statewide general election, prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from knowingly discharging or releasing such a chemical into water, or into or onto land and passing into any source of drinking water, except as specified. The act imposes civil penalties upon persons who violate those prohibitions, and provides for the enforcement of those prohibitions by the Attorney General, a district attorney, or specified city attorneys or prosecutors. The act also provides for enforcement by an action brought by any person in the public interest, if that private action is commenced more than 60 days after the person has given notice of the violation that is the subject of the action to the Attorney General and the district attorney, the city attorney, or the prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator. If the notice made by a person bringing an action in the public interest alleges a violation of the act's warning requirement, the act requires that the notice include a certificate of merit stating that the person executing the certificate has consulted with one or more persons with relevant and appropriate experience or expertise who has reviewed facts, studies, or other data regarding the exposure to the listed chemical that is the subject of the action, and that, based on that information, the person believes there is a reasonable and meritorious case for the private action. The act requires factual information sufficient to establish the basis of the certificate of merit to be attached to the certificate of merit that is served on the Attorney General. This bill would require the same factual information sufficient to establish the basis of the certificate of merit to be attached to the certificate of merit that is served on each alleged violator. (2) The act requires, if there is a settlement of an action brought by a person in the public interest, the plaintiff to submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and authorizes the court to approve the settlement only if the court makes specified findings. This bill would require, for all settlements generated by alleging a violation of or threatening to allege a violation of the act, the plaintiff or person acting in the public interest to submit those settlements to the court, and would additionally require the court, in order to approve the settlement, to find that neither the plaintiff nor the attorney representing the plaintiff has received any compensation from the alleged violator unless that compensation is disclosed in the settlement or in a prior court-approved settlement and is authorized by applicable law. (3) The act requires a person filing an enforcement action in the public interest for certain specified exposures to provide a notice to the alleged violator in a specified proof of compliance form, and prohibits an enforcement action from being filed by that person, and the recovery of certain payments or reimbursements from the alleged violator, if the notice to the alleged violator alleges a failure to provide a clear and reasonable warning for those specified exposures and, within 14 days after receiving the notice, the alleged violator corrects the alleged violation, pays a civil penalty in the amount of $500 per facility or premises, and notifies the person bringing the action that the violation has been corrected. This bill would prohibit an enforcement action from being filed, and the recovery of certain payments or reimbursements from the alleged violator, by a person filing an enforcement action in the public interest for an exposure in a food product by a supplier or distributor of the food product if the supplier or distributor, among other things, labels the food product with the warning required by the act and submits an affidavit to the Attorney General stating that the food product was labeled with the warning, within 14 days after service of notice. (4) Proposition 65 provides that it may be amended by a statute, passed by a 23 vote of each house of the Legislature, to further its purposes. This bill would find and declare that it furthers the purposes of Proposition 65.
Existing law establishes the California Career Technical Education Incentive Grant Program, administered by the State Department of Education, with the purpose of encouraging, maintaining, and strengthening the delivery of high-quality career technical education programs. Existing law appropriates specified amounts for the program from the General Fund for the 2015–16, 2016–17, and 2017–18 fiscal years. Existing law provides, for the 2018–19 fiscal year and every fiscal year thereafter, that $150,000,000 is made available for the program upon appropriation by the Legislature. Existing law specifies minimum eligibility requirements for grant applicants. Existing law also requires the department, on or before January 31, 2024, and on or before January 31 every 5 years thereafter, to submit to the Department of Finance, the Governor, and the appropriate policy and fiscal committees of the Legislature a report evaluating the progress that local educational agencies have made with respect to specified issues related to the program. This bill would provide that, for the 2021–22 fiscal year and each fiscal year thereafter, $300,000,000 would be made available to the department, upon appropriation by the Legislature in the Budget Act or another statute, for the program. The bill would also make slight adjustments to program provisions relating to eligibility requirements for grant applicants and to the reporting requirements referenced above.
Existing law authorizes counties, cities, and other local agencies to impose various taxes and fees in connection with activity or property within those jurisdictions. The California Constitution also authorizes a charter city to levy local taxes to raise revenues for local purposes, subject to restrictions imposed by that city's charter or preemption in matters of statewide concern. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose a local sales and use tax in accordance with that law for tangible personal property sold at retail in the county or city, or purchased for storage, use, or other consumption in the county or city. That law requires the county or city to contract with the California Department of Tax and Fee Administration for the administration of the taxes and requires the department to transmit those taxes to the city or county. Existing law, until January 1, 2031, prohibits the imposition, increase, levy and collection, or enforcement by a local agency of any tax, fee, or other assessment on groceries, except as provided, and allows a local agency to continue to levy and collect, enforce, or reauthorize any tax, fee, or other assessment on groceries imposed, extended, or increased on or before January 1, 2018. Existing law also requires the California Department of Tax and Fee Administration to cease administering the Bradley-Burns local sales and use tax of a local agency that is found by a court, as provided, to have violated the grocery tax prohibition. This bill would repeal the prohibition on the imposition, increase, levy and collection, or enforcement by a local agency of any tax, fee, or other assessment on groceries, including the requirement that the department cease administering a local sales and use tax.
Existing law authorizes local air pollution control districts and air quality management districts, in carrying out their responsibilities with respect to the attainment of state ambient air quality standards, to adopt and implement regulations that accomplish certain objectives. This bill would additionally authorize the districts to adopt and implement regulations to require data regarding air pollution within the district's jurisdiction from indirect and areawide sources of air pollution, including mobile sources drawn by those sources, to enable the calculation of health risks from toxic air contaminants. This bill would additionally authorize the districts to adopt and implement regulations to accomplish these objectives in carrying out their responsibilities with respect to the reduction of health risks from toxic air contaminants.
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform duties required by any enforceable obligation. Existing law authorizes the city, county, or city and county that created a former redevelopment agency to elect to retain the housing assets and functions previously performed by the former redevelopment agency. Existing law requires the housing successor to maintain any funds transferred to it, together with any funds generated from housing assets in a separate Low and Moderate Income Housing Asset Fund to be used in accordance with applicable housing-related provisions of the Community Redevelopment Law, except as specified. Existing law requires the housing successor to expend funds received from the successor agency to meet its enforceable obligations, and for specified administrative and monitoring costs relating to ensuring the long-term affordability of units subject to affordability restrictions. The housing successor may then expend a specified amount per fiscal year for homeless prevention and rapid rehousing services, including specified types of services described in that provision, and must use all funds remaining thereafter for the development of affordable housing, as specified. If a housing successor has an excess surplus, the housing successor is required to encumber those funds, within 3 fiscal years, for the development of affordable housing, or to enter into an agreement to transfer the funds for transit priority projects, as specified. Existing law defines the term "excess surplus" for these purposes to mean an unencumbered amount in the housing successor's Low and Moderate Income Housing Asset Fund that exceeds the greater of $1,000,000 or the aggregate amount deposited into the fund during the housing successor's preceding 4 fiscal years, whichever is greater. This bill would expand the definition of "excess surplus" to also include, for an entity operating as a housing successor that owns and operates affordable housing that was transferred to the housing successor as a housing asset of the former redevelopment agency, an unencumbered amount in the housing successor's Low and Moderate Income Housing Asset Fund that exceeds the greater of $1,000,000 or the aggregate amount deposited into the account during the housing successor's preceding 8 fiscal years, whichever is greater.
Existing law defines a "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law creates various preconviction diversion programs for persons charged with crimes. Existing law states that restorative justice is a principal policy goal of the state in sentencing for hate crimes. This bill would, subject to an appropriation of funds by the Legislature, create a grant program within the Department of Justice to provide grants to community-based organizations, as defined, for the implementation and operation of restorative justice programs, as defined, that are focused on hate violence, as defined. This bill would also, subject to an appropriation of funds by the Legislature, create a grant program within the California Health and Human Services Agency to provide grants to community-based organizations, as defined, for the implementation of mental health services, as described, focused on the victims of, and other persons affected by, hate violence, as defined, and related hostilities.
Existing law, the Healthy Workplaces, Healthy Families Act of 2014, requires employers to provide an employee, who works in California for 30 or more days within a year from the commencement of employment, with paid sick days for prescribed purposes, to be accrued at a rate of no less than one hour for every 30 hours worked. Existing law authorizes an employer to limit an employee's use of paid sick days to 24 hours or 3 days in each year of employment. This bill would require an employer to provide an employee, on or after January 1, 2022, who works in California for the same employer for 30 or more days within a year from the commencement of employment, with up to 60 hours of paid backup childcare benefits, to be accrued and used as provided. The bill would define "backup childcare" as childcare provided by a qualified backup childcare provider to the employee's child when the employee's regular childcare provider cannot be utilized, and "paid backup childcare" as an employee benefit consisting of the employer paying for a qualified backup childcare provider to provide backup childcare for an employee's child that is compensated at the state minimum wage or the federal minimum wage, whichever is higher. This bill would apply to employers with 1,000 or more employees, the state, political subdivisions of the state, and municipalities, including charter cities. The bill would require employers to keep records for at least 3 years documenting the hours worked and paid backup childcare benefits used by the employee and to allow the Labor Commissioner to access those records. The bill would provide that if an employer does not maintain adequate records, the employee is presumed to have accrued the maximum number of benefit hours accruable, unless the employer can prove otherwise by clear and convincing evidence. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law requires each county to have certain offices, including the office of auditor who is designated to perform certain duties, including apportioning property tax revenue to each jurisdiction according to tax rate area. Existing law defines tax rate areas for the purpose of property tax allocation. This bill would require the county auditor, or other county officer designated by the county, to make publicly available on their internet website information about direct levies, as defined, including the range of combined direct levies assessed on real property. The bill would require a website posting that identifies contact information for each direct levy assessed within their jurisdiction, to also include the range of fees assessed on individual parcels of real property subject to the special district's assessment. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law establishes the Elective Percutaneous Coronary Intervention (PCI) Program within the State Department of Public Health to allow the department to certify certain general acute care hospitals that are licensed to provide urgent and emergent cardiac catheterization laboratory service, and to perform scheduled, elective percutaneous transluminal coronary angioplasty and stent placement for eligible patients. This bill would enact the California Outpatient Cardiology Patient Safety, Cost Reduction, and Quality Improvement Act. The bill would authorize the department, within the PCI Program, to certify an ambulatory surgical center to provide elective cardiac catheterization laboratory services that meet certain requirements to perform scheduled, elective percutaneous transluminal coronary angioplasty and stent placement for eligible patients. The bill would authorize the department to, among other things, charge a certified ambulatory surgical center a fee for the reasonable regulatory costs to the state incident to granting this certification and to retain experts or establish one or more committees to analyze reports and advise the department, as specified. The bill would only allow the department to certify a maximum of 50 ambulatory surgical centers and would only allow the department to accept an application from an ambulatory surgical center for certification or renewal of participation until December 31, 2031. The bill would require the Office of Statewide Health Planning and Development to annually report each certified ambulatory surgical center's performance on mortality and stroke rate. (2) Existing law authorizes the State Department of Public Health to license a freestanding cardiac catheterization laboratory that meets certain requirements, including having been active in a completed pilot program as a freestanding cardiac catheterization laboratory. This bill would authorize, beginning on January 1, 2022, an ambulatory surgical center certified to participate in the Medicare Program to perform cardiac catheterization laboratory services if certain requirements are met, including, among others, that the ambulatory surgical center complies with specified department regulations and only performs procedures on adults in an outpatient basis. (3) This bill would also make legislative findings and declarations in support of its provisions.
The Safe Drinking Water State Revolving Fund Law of 1997, administered by the State Water Resources Control Board, establishes the Safe Drinking Water State Revolving Fund to provide grants or revolving fund loans for the design and construction of projects for public water systems that will enable those systems to meet safe drinking water standards. The law requires the board, at least once every 2 years, to post information on its internet website and send a link of the internet website to the Legislature regarding implementation of the law and expenditures from the fund, as specified. This bill would require the board to post that information and send that link at least annually instead of at least once every 2 years. The bill would also make nonsubstantive changes.
Existing law establishes in the Labor and Workforce Development Agency the Employment Development Department, which is charged with various functions, including job creation activities, computation of benefits, and determination of contribution rates and collection of contributions for benefits. Existing law provides for the payment of unemployment compensation benefits to eligible persons who are unemployed through no fault of their own through a federal-state unemployment insurance program administered by the Employment Development Department. Existing law requires the Director of Employment Development to make available, from September 4, 2020, to July 1, 2021, on the department's internet website, in addition to the information currently provided on the department's Unemployment Insurance Data Dashboard, specified information about unique unemployment insurance claims. This bill would require the department, using the online portals provided via the department's internet website, to make available to an employer and update a list, as provided, of claimants approved to receive benefits from that employer.
