Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, Executive Order No. N-29-20, suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic, provided that notice requirements are met, the ability of the public to observe and comment is preserved, as specified, and that a local agency permitting teleconferencing have a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. This bill would remove the notice requirements particular to teleconferencing and would revise the requirements of the act to allow for teleconferencing subject to existing provisions regarding the posting of notice of an agenda, provided that the public is allowed to observe the meeting and address the legislative body directly both in person and remotely via a call-in option or internet-based service option, and that a quorum of members participate in person from a singular physical location clearly identified on the agenda that is open to the public and situated within the jurisdiction. The bill would require that, in each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the local agency also give notice of the means by which members of the public may observe the meeting and offer public comment and that the legislative body have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act, as provided. This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to local agency meetings into the future, and considering the digital age, by allowing broader access through teleconferencing options. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
Existing law creates the Transformative Climate Communities Program, which is administered by the Strategic Growth Council. Existing law requires the council to award competitive grants to specified eligible entities for the development and implementation of neighborhood-level transformative climate community plans that include multiple, coordinated greenhouse gas emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities. Existing law establishes in the Labor and Workforce Development Agency the Employment Development Department, which is charged with various functions, including job creation activities. This bill would, until January 1, 2028, establish the Just Transition Advisory Commission, consisting of specified members, in the Labor and Workforce Development Agency and would require the commission, though a public process, to develop and adopt, on or before January 1, 2024, the Just Transition Plan that contains recommendations to transition the state's economy to a climate-resilient and low-carbon economy that maximizes the benefits of climate actions while minimizing burdens to workers, especially workers in the fossil fuel industry, and their communities, especially communities that face disproportionate burdens from pollution. The bill would require the commission to submit the plan to the Legislature on or before January 1, 2024.
Existing law, the California Occupational Safety and Health Act of 1973, vests the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over every employment and place of employment, which is necessary adequately to enforce and administer all laws and lawful standards and orders, or special orders requiring such employment and place of employment to be safe, and requiring the protection of the life, safety, and health of every employee in such employment or place of employment, including to inspect and investigate employments and places of employment, as prescribed. The Occupational Safety and Health Administration (OSHA) , except as provided, prohibits a person or employer from being given advance warning of an inspection or investigation by any authorized representative of the division. OSHA authorizes the Chief of the Division of Occupational Safety and Health or an authorized representative to permit advance notice of an inspection or investigation as prescribed by the Director of Industrial Relations. OSHA prohibits the authorization of advance notice when the investigation or inspection is to be made as a result of an employee complaint, unless there is imminent danger to the health or safety of an employee or employees. OSHA makes it a crime, punishable as prescribed, for any person to give unauthorized advance notice of any inspection to be conducted. This bill would revise those advance warning provisions to prohibit any representative of the division from giving advance notice of an inspection or investigation to an employer or other person unless authorized under OSHA. The bill would authorize the chief or their authorized representatives to permit advance notice of an inspection or investigation when advance notice is necessary to ensure availability of essential personnel or access to the site, equipment, or process, as prescribed by the director. The bill would delete the prohibition on the authorization of advance notice when the investigation or inspection is to be made as a result of an employee complaint. The bill would expand the crime to apply to unauthorized advance notice of an investigation to be conducted, thereby imposing 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 the Air Quality Improvement Program that is administered by the State Air Resources Board for the purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. Pursuant to its existing statutory authority, the state board has established the Clean Vehicle Rebate Project, as a part of the Air Quality Improvement Program, to promote the use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles. By executive order, the Governor established a goal of the state for 100% of in-state sales of new passenger cars and trucks to be zero-emission by 2035 and required the state board to take specified actions in furtherance of that goal. This bill would establish a goal of the state for 60% of new zero-emission passenger vehicles sold in the state for noncommercial private use to be purchased by or on behalf of persons from an underrepresented community, as defined. The bill would prohibit the state board from pursuing strategies to implement any goal for zero-emission passenger vehicle sales established by statute or executive order unless those strategies are also designed to achieve the goal established by this bill simultaneously. The bill would also require the state board to annually post a zero-emission vehicle equity report on its internet website describing the state's progress towards achieving the zero-emission vehicle equity goal.
Existing law provides for the regulation and development of aquaculture and requires the owner of each aquaculture facility to register with the Department of Fish and Wildlife. Existing law authorizes the department, among other powers, to assess annual registration fees on owners of aquaculture facilities and to prohibit an aquaculture operation or the culturing of any species at any location where it would be detrimental to adjacent native wildlife. Existing law authorizes the Fish and Game Commission to lease state water bottoms or the water column to any person for aquaculture, as prescribed, and requires the department to notify the State Lands Commission of all applications for water bottom leases and of all leases for aquaculture executed, renewed, or assigned. Under existing law, the California Coastal Act of 1976, the California Coastal Commission is responsible for the implementation of the act and for state coastal zone planning and management. This bill would require the department, in collaboration with the California Coastal Commission, to, by January 1, 2024, create a pilot program in state waters to further develop shellfish and seaweed mariculture production and restoration capacity in California. The bill would require the department to establish a process to designate tracts for shellfish and seaweed mariculture production and restoration as part of the pilot program, as specified. The bill would authorize an applicant with a proposed shellfish, seaweed, or shellfish and seaweed mariculture production and restoration project to apply for a lease of any pilot program tract, or a portion thereof. The bill would require the State Lands Commission or the Fish and Game Commission, or both, if applicable to approve, deny, or return for revision a lease application within 4 months. The bill would authorize a local government to apply for a shellfish and seaweed mariculture production and restoration lease and designate individual mariculturalists as sublessees without authorization from the department, the State Lands Commission, or the Fish and Game Commission. A local government would be required to notify the department, the State Lands Commission, or the Fish and Game Commission of a sublease within 2 months of the beginning of the sublease. The bill would provide the department, by January 1, 2024, within the pilot program tracts, with sole authority or jurisdiction to approve, deny, or otherwise affect the ability of shellfish and seaweed mariculture production and restoration projects to operate, as well as to enforce compliance with relevant regulations, excluding the roles and responsibilities of the State Water Resources Control Board and the relevant leasing authorities. The bill would authorize a mariculturalist holding a lease to a pilot program tract to be able to begin cultivation without a permit under the regulations established by the department, except any permit required by the State Water Resources Control Board. The bill would require the department to conduct ongoing monitoring and enforce compliance with the rules and regulations of the pilot program and to work with noncompliant aquaculturalists to resolve any noncompliance issues if possible. The bill would authorize the department to close any operation in the pilot program due to noncompliance if no other reasonable resolution is possible. The bill would require, when sufficient data has been collected, the department to make recommendations to the Legislature on any relevant changes to the mariculture and restoration permitting and regulatory processes, as specified. The bill would repeal the provisions establishing the pilot program on January 1, 2036, and upon termination, would require the department to offer participants in the pilot program, one year from the date of termination, to come into compliance with any rules and regulations not applicable in the pilot program tracts in order to keep operating. The bill would require the department to consider and, if appropriate, investigate whether and how to seek state verification authority from the United States Army Corps of Engineers and any other federal agencies offering state verification authority in order to streamline the review and approval of federal permits issued by the United States Army Corps of Engineers or another federal agency that may be required by a mariculture project intending to operate in this state. The bill would require the department to ensure the inclusion of socially disadvantaged aquaculturalists in the development, adoption, implementation, and enforcement of laws, regulations, and policies and programs relating to aquaculture production and restoration. The bill would also make legislative findings and declarations and adopt definitions to implement its provisions.
Existing law, the Gambling Control Act, provides for the licensure of certain individuals and establishments involved in various gambling activities, and for the regulation of those activities, by the California Gambling Control Commission. Existing law provides for the enforcement of those activities by the Department of Justice. Existing law requires a limited liability company to comply with specified requirements in order to obtain a gambling license, including a requirement that the limited liability company provide specified information to the department, including, among other things, a copy of its annual federal income tax return within 30 calendar days after the return is filed with the Internal Revenue Service. This bill would instead require that return to be provided to the department within 60 calendar days after the return is filed with the Internal Revenue Service.
Existing law imposes various sentence enhancements, consisting of additional and consecutive terms of imprisonment, including, among others, enhancements for being armed with a firearm during the commission of a felony, being armed with a firearm during the commission of a street gang crime, as defined, being armed with ammunition designed to penetrate armor during the commission of a felony, furnishing a firearm to another for the purpose of aiding, abetting, or enabling that person to commit a felony, and using a firearm during the commission of a felony. This bill would repeal those enhancements and make conforming changes. Existing law imposes a sentence enhancement in the state prison of 10 years for personally using a firearm in the commission of specified felonies, 20 years for personally and intentionally discharging a firearm in the commission of those felonies, and 25 years to life for personally and intentionally discharging a firearm and causing great bodily injury or death to any other person during the commission of those felonies. This bill would reduce those enhancements to 1, 2, and 3 years, respectively. Existing law imposes a sentence enhancement of 5, 6, or 10 years in the state prison for, with intent to inflict great bodily injury or death, discharging a firearm from a motor vehicle in the commission of a felony and inflicting great bodily injury or death in the commission of a felony. This bill would reduce that enhancement to 1, 2, or 3 years in the state prison. This bill would additionally authorize a person serving a term for those provisions as they read on or before December 31, 2021, to petition the court for a recall of sentence and to request resentencing in accordance with these changes.
Existing law requires the State Department of Public Health to examine the causes of communicable diseases occurring, or likely to occur, in the state and grants the department certain powers to quarantine, isolate, and inspect persons or places, as necessary to protect or preserve the public health. Existing law sets forth the mechanisms for proclaiming a state of emergency by the Governor or declaring a health emergency by the State Public Health Officer. Existing law requires the department and the Office of Emergency Services (OES) , in coordination with other state agencies, to establish a personal protective equipment (PPE) stockpile, upon appropriation and as necessary. Existing law requires the department to establish guidelines for the procurement, management, and distribution of PPE, as specified. Existing law generally requires a health care employer to maintain an inventory of new, unexpired PPE for use in the event of a declared state of emergency or a local emergency for a pandemic or other health emergency. This bill would make findings and declarations relating to California's response to the COVID-19 pandemic. The bill would, during a state of emergency or health emergency in response to a viral pandemic or any other health crisis, as specified, require the department to include federally qualified health centers in the organizational response structure established by OES. The bill would require the department and the California Health and Human Services Agency to, among other things, coordinate in maintaining an annual inventory of the PPE and all other related medical supplies that the state maintains in its stockpiles. The bill would require the department to ensure that all elements in the stockpiles are viable and can be activated and distributed within a reasonable timeframe to address the level of need established by any public health crisis, as specified. No later than December 1, 2023, and every 2 years thereafter, the bill would require the department and the agency to submit a report on the utilization of the equipment and supplies in the state stockpiles to the health and budget legislative committees. The bill would, subject to an appropriation in the annual Budget Act, require the department to develop a statewide, comprehensive plan to conduct an outreach and education campaign relating to COVID-19. The bill would require the campaign to include components on preventing infections, encouraging vaccination, correcting false information efforts, and addressing health disparities among certain communities. Under the bill, the campaign would commence on November 1, 2023, and operate for at least 3 years.
Existing law, the California State Safe Harbor Agreement Program Act, establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species without being subject to additional regulatory restrictions as a result of their conservation efforts. Existing law requires a participating landowner to provide the department, its contractors, or agents with access to the land or water proposed to be enrolled in the agreement to develop the agreement, determine the baseline conditions, monitor the effectiveness of management actions, or safely remove or salvage species proposed to be taken. Existing law requires the department to provide notice to the landowner at least 7 days before accessing the land or water for these purposes. This bill would increase the notice period to the landowner to at least 7 business days.
Existing law, the California Workforce Innovation and Opportunity Act, establishes the California Workforce Development Board as the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California's workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. Under the act, the board administers a number of programs and initiatives relating to education, training, and the workforce. This bill would establish the Rapid Digital Upskilling for Displaced Workers Grant Program, to be administered by the board. The bill would require the board to award grants to 5 counties for Rapid Digital Upskilling for Displaced Workers training programs to provide specified skills to individuals to empower them for careers in growth industries, as prescribed. The bill would establish eligible uses of training program funds and requirements for grant applications and grant awards. The bill would require the board to prepare and submit to the Legislature, by March 1, 2023, a report regarding the uses and outcomes of funds appropriated for purposes of the bill, to include, at a minimum, prescribed information relating to program participation and effectiveness. The bill would define terms for its purposes. The bill would make implementation of the grant program contingent on appropriation by the Legislature of funds for the purposes of the bill.
Existing law, on and after January 1, 2023, prohibits California postsecondary educational institutions from upholding any rule, requirement, standard or other limitation that prevents an intercollegiate student athlete from earning compensation as a result of the use of the student's name, image, or likeness. Existing law prohibits a postsecondary educational institution, athletic association, conference or other group or organization with authority over intercollegiate athletics from providing a prospective student athlete with compensation in relation to the athlete's name, image, or likeness. This bill would require institutions of higher education with sports in which 50% of the institution's total sports revenue in the state exceeds the total aggregate grant-in-aid athletics scholarship amount provided to the institution's college athletes in the sport during the reporting year to pay a name, image, and likeness royalty fee to each qualifying college athlete, as specified. The bill would require each institution of higher education to comply with Title IX of the federal Education Amendments of 1972 as it applies to college athletics, to suspend an athletic director from intercollegiate athletics responsibilities in the state for three years if Title IX compliance is not achieved on or before January 1, 2025, and maintained for at least 6 months in each 12-month period after January 1, 2025, and to preserve each athletic program's college athletes' educational opportunities and grant-in-aid athletic scholarship amounts, including by requiring program cost-cutting options be implemented before, or simultaneously with, any reduction in college athletes' aggregate unduplicated participation numbers or grant-in-aid athletic scholarship amounts. To the extent the bill would impose additional obligations on community college districts, the bill would impose a state-mandated local program. This bill would prohibit an institution of higher education that receives state funds or state tax-exempt status from compensating athletics administrative personnel in an amount that exceeds 50% of the average total intercollegiate athletics administrative personnel compensation expenses paid by institutions of higher education that belong to the Football Championship Subdivision of the National Collegiate Athletic Association. The bill also would prohibit until after January 1, 2032, an institution of higher education that receives state funds or state tax-exempt status from entering into a contract for new facility expenditures related to intercollegiate athletics unless the expenditure is necessary for matters of health and safety, would result in a net benefit to the environment, or is necessary to ensure compliance with Title IX of the federal Education Amendments of 1972. 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.
Existing law establishes the Natural Resources Agency in state government and requires the agency, in consultation with each department, board, conservancy, and commission within the agency, to develop and maintain a database of lands and easements that have been acquired by the departments and boards within the agency. This bill would require the Natural Resources Agency, to the extent a specified appropriation is made, to prepare a comprehensive, statewide inventory of the natural resources of the state and establish treatment measures necessary to protect those resources, and to post its initial inventory on its internet website on or before January 1, 2023, with annual updates on or before January 1 of each year thereafter.
