Existing law generally regulates pesticide use by the Department of Pesticide Regulation, and requires the Director of Pesticide Regulation to endeavor to eliminate from use any pesticide that endangers the agricultural or nonagricultural environment. A violation of those provisions and regulations adopted pursuant to those provisions is generally a misdemeanor. Existing law requires the department, on or before July 1, 2018, to issue a determination with respect to its reevaluation of neonicotinoids, and to adopt control measures necessary to protect pollinator health within 2 years, as specified. This bill would prohibit the use a of neonicotinoid on a seed, as specified. Because a violation of this prohibition would be a misdemeanor, the bill would impose a state-mandated local program. The bill would require fine or penalty moneys collected for a violation of this provision to be deposited in the Department of Pesticide Regulation Fund and to be available, upon appropriation by the Legislature, for the administration and enforcement of this provision. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires specified health insurance policies that provide coverage for outpatient prescription drugs to cover medically necessary prescription drugs and subjects those policies to certain limitations on cost sharing and the placement of drugs on formularies. Existing law authorizes a health care service plan and a health insurer to utilize formularies, prior authorization, step therapy, or other reasonable medical management practices in the provision of outpatient prescription drug coverage. This bill would require health care service plan contracts and health insurance policies issued, amended, or renewed on or after January 1, 2022, that provide outpatient prescription drug benefits to cover all medically necessary prescription drugs approved by the United States Food and Drug Administration (FDA) for treating substance use disorders that are appropriate for the specific needs of an enrollee or insured, and would require those drugs to be placed on the lowest cost-sharing tier of the plan or insurer's prescription drug formulary, unless specified criteria are met. The bill would prohibit these contracts and policies from imposing prescribed requirements, including prior authorization or step therapy requirements on a prescription drug approved by the FDA for treating substance use disorders, unless specified criteria are met. Because a willful violation of these provisions by a health care service plan 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.
Existing law establishes various economic opportunity and public social services programs, including the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and the CalFresh program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law establishes the Franchise Tax Board in the Government Operations Agency to, among other things, administer state personal income taxes and corporation franchise and income taxes. This bill would require the Franchise Tax Board to administer the California Universal Basic Income (CalUBI) Program, under which a California resident who is 18 years of age or older and who meets specified requirements, would receive a universal basic income of $1,000 per month. The bill would require, among other things, that the resident has lived in the state for at least the last 3 consecutive years and that the resident's income not exceed 200% of the median per capita income for the resident's current county of residence, as determined by the United States Census Bureau. The bill would define universal basic income to mean unconditional cash payments of equal amounts issued monthly to individual residents of California with the intention of ensuring the economic security of recipients. The bill would authorize the Franchise Tax Board to adopt regulations to implement the program. The bill would prohibit the Franchise Tax Board and the Controller from using any part of the CalUBI payments to offset tax liabilities or delinquent accounts, as specified. The bill would specify that its provisions are to be operative only for taxable years in which resources are made available through an appropriation from the Legislature. This bill would state that its provisions are severable.
Existing law requires the State Department of Health Care Services to perform various health functions, including providing breast and cervical cancer screening and treatment for low-income individuals. This bill would additionally require the department to post on its internet website information and resources on ovarian and cervical cancer, and on the importance of screening for those cancers. The bill would require the information posted to be available in English and in the top 15 languages spoken by limited-English-proficient individuals in California, as determined by the department.
Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. These exemptions include services provided by a licensed manicurist, subject to the manicurist meeting specified conditions. Existing law makes this exemption for licensed manicurists inoperative on January 1, 2022. This bill would delete the January 1, 2022, inoperative date, thereby making licensed manicurists subject to this exemption indefinitely.
Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, who is the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. Existing law prohibits a real estate licensee from publishing, circulating, distributing, or causing to be published, circulated, or distributed in newspapers or periodicals or mail, a matter pertaining to any activity for which a real estate license is required that does not contain a designation disclosing that the licensee is performing acts for which a real estate license is required. Existing law also requires a real estate licensee to disclose their name, license identification number, and other specified information, on all solicitation materials intended to be the first point of contact with consumers and on real property purchase agreements, as specified. Existing law authorizes the commissioner to adopt regulations identifying the materials in which a licensee must disclose this information. This bill would authorize a real estate licensee who is a natural person and who legally changes the surname in which their license was originally issued to continue to utilize their former surname for business associated with their license so long as both names are filed with the department. The bill would provide that use of a former surname does not constitute a fictitious name for purposes of certain filing requirements.
Existing law authorizes a court, on its own motion or on request of certain specified persons, to appoint a guardian ad litem in a probate proceeding, as specified, to represent the interests of certain persons, including a minor or an incapacitated person. Existing law prohibits the appointment of a public guardian as a guardian ad litem in a probate proceeding, unless the court finds that no other qualified person is willing to act as a guardian ad litem. Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law also provides for a conservator of the person or estate to be appointed for a person who is gravely disabled. Existing law, for the purposes of involuntary commitment and conservatorship, defines "gravely disabled," among other things, as a condition in which a person, as a result of a mental health disorder, is unable to provide for the person's basic personal needs for food, clothing, or shelter. This bill would establish an additional procedure for the appointment of a guardian ad litem for a person who lacks the capacity to make rational informed decisions regarding medical care, mental health care, safety, hygiene, shelter, food, or clothing with a rational thought process due to a mental illness, defect, or deficiency. The bill would authorize certain persons to petition the court for the appointment of a guardian ad litem under these provisions, and would establish the procedures that would govern the filing of a petition, its notice provisions, and court procedures. Under certain circumstances, the bill would require the court to appoint the public defender or private counsel to represent a person who is the subject of a petition.
Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education located throughout the state. Existing law authorizes the trustees to require the payment of fees, rents, deposits, and charges for services, facilities, or materials provided by the trustees. Existing law establishes the California Promise, which requires at least 20 individual campuses of the California State University to establish a California Promise program through which each campus would enter into a pledge with a student who satisfies specified criteria to support the student in earning a baccalaureate degree in limited time. Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Existing law authorizes a community college to use that funding to waive some or all of the fees for 2 academic years for certain first-time students. This bill would prohibit the charging of tuition or mandatory systemwide fees for enrollment at a campus of the California State University for any academic year, for up to 2 academic years, to a California Community College resident transfer student who has completed an associate degree for transfer, has received a fee waiver pursuant to the California College Promise, and is at least 28 years of age, as specified. Upon the enactment of an appropriation for this purpose, the bill would require the Chancellor of the California State University to distribute funding to each California State University campus to offset the costs of waiving tuition and mandatory systemwide fees to transfer students pursuant to this bill. The bill would make implementation of its provisions contingent upon the enactment of an appropriation for its purposes.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms in regulating these sources. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires the moneys from the fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the act and, where applicable and to the extent feasible, to maximize economic, environmental, and public health benefits to the state, among other goals. This bill, beginning July 1, 2023, would require state agencies administering competitive grant programs that allocate moneys from the fund to give specified communities preferential points during grant application scoring for programs intended to improve air quality, to provide for a specified application timeline, and to allow applicants from the Counties of Imperial and San Diego to include daytime population numbers in grant applications. This bill, for competitive grant programs that involve housing, urban forestry, urban greening, or planning and that allocate moneys from the fund after July 1, 2023, would require state agencies administering those moneys from the fund to develop at least 3 categories for applications based on the population and density of the communities in which the proposed project is to be located and to develop scoring criteria for each category. This bill would additionally require the moneys in the fund to be used to facilitate the achievement of reductions of greenhouse gas emissions consistent with the act and, where applicable and to the extent feasible, to promote climate adaptation, accelerate the development of low-carbon technology and reduce vehicle miles traveled, and promote partnerships between jurisdictions and public agencies, Native American tribes in the state, nonprofits, and other community institutions, among other objectives. This bill also would require the Department of Finance to include in an annual report to the Legislature specified information on the applications received for each grant program allocating moneys from the fund.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. MAUCRSA generally divides responsibility for the state licensure and regulation of commercial cannabis activity among the Department of Food and Agriculture, the State Department of Public Health, and the Bureau of Cannabis Control, which MAUCRSA establishes within the Department of Consumer Affairs. Existing law places various advertising and marketing restrictions on licensees, including prohibiting a licensee from publishing or disseminating advertising or marketing that is attractive to children, from advertising or marketing cannabis or cannabis products on an advertising sign within 1,000 feet of a day care center, school, or youth center, and from advertising or marketing on a billboard or similar device visible from an interstate highway or on a state highway within California. This bill would remove the existing reference to advertising or marketing on a billboard or similar device visible from an interstate highway or on a state highway within California, and would specify that a licensee seeking to advertise or market through broadcast, cable, radio, print, and digital communications is required to obtain reliable up-to-date audience composition data demonstrating that at least 71.6 percent of the audience viewing the advertising or marketing is reasonably expected to be 21 years of age or older. The bill would prohibit advertisements or marketing depicting images of minors or anyone under 21 years of age. The bill would specify that a licensee is prohibited from using objects, in its advertising or marketing, such as toys, inflatables, movie characters, cartoon characters, or from including any other display, depiction, or image designed in any manner likely to be appealing to minors. The bill would restrict a licensee from advertising free cannabis goods or giveaways of any type of products, including noncannabis products, as specified. The bill would require that all outdoor signs, including billboards, meet specified requirements, including, among others, that they be affixed to a permanent structure; that they not be placed in any location where other advertisements directed at an adult population are prohibited; that they comply with specified provisions of law; that they not contain text, except as provided; and that they do not display, depict, or image specified objects and actions, including animals, cannabis plants, leaves, food, beverages, smoking, and vaporizing, among others. The bill would require a licensee to provide the Bureau of Cannabis Control audience composition data immediately upon request. If the bureau determines that the audience composition data for advertising or marketing provided by a licensee does not comply with these provisions, or the licensee fails to provide audience composition data, the bill would require the licensee to remove the advertising or marketing placement in question. The bill would require a licensing authority to suspend a licensee's license for one year if the licensee violates the advertising and marketing restrictions. The bill would specify that the action, omission, or failure of an advertising agent, representative, or contractor retained by the licensee is an act, omission, or failure of the licensee. The Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, authorizes the Legislature to amend the act to further the purposes and intent of the act with a23 vote of the membership of both houses of the Legislature, except as provided. This bill would declare that its provisions further the purposes and intent of the Control, Regulate and Tax Adult Use of Marijuana Act.
Existing law, the Administrative Procedure Act, in part, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies, and for review of those regulatory actions by the Office of Administrative Law. Existing law requires a state agency subject to the act, prior to submitting a proposal to adopt, amend, or repeal an administrative regulation, to determine the potential for adverse economic impact on California business enterprises and individuals, as provided, and for the state agency to comply with specified requirements for those regulations. Existing law also requires a state agency subject to the act to prepare, submit as provided, and make available to the public upon request specified information, including an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation, as specified. This bill would require, in complying with specified requirements related to adverse economic impacts on California business enterprises and as related to the proposed adoption, amendment, or repeal of a regulation that applies to a small business, as defined, located within an area in which the Governor has declared a state of emergency, the regulation to include (1) a postponement in the application of the regulation on small businesses until the state of emergency is terminated; (2) findings that postponement is not appropriate, that the administrative regulation is necessary to address the state of emergency, as confirmed by the Office of Emergency Services, and that the regulation provides sufficient time to provide reasonable notice to affected small businesses as to the content of the regulation and the time to meet the new requirements; or (3) findings that postponement is not appropriate, that the administrative regulation is necessary to address a serious and immediate health and safety issue, as confirmed by the State Department of Public Health or the Labor and Workforce Development Agency, and that the regulation provides sufficient time to provide reasonable notice to affected small businesses as to the content of the regulation and the time to meet the new requirements. The bill would also require a state agency subject to the act to include, in its initial statement of reasons, specified information relating to proposed regulations applicable to a small business located within an area in which the Governor has declared a state of emergency and that do not have a postponement of the regulation for those small businesses. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law makes it a crime for the owner or keeper of any animal to permit an animal to be in any enclosure without proper care and attention, or to abuse or neglect an animal, as specified. This bill would define "proper care and attention" for purposes of this crime as it pertains to dogs and cats to include the provision of appropriate food, water, health care, and mental stimulation and enrichment. By expanding the scope of a crime, this bill would create a state-mandated local program. This bill would also enact the Dog and Cat Bill of Rights, and would require every public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group to post a copy of the Dog and Cat Bill of Rights. The bill would make legislative findings and declarations in support of the Dog and Cat Bill of Rights. By imposing new duties on local public officials, the bill would create 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
