Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act. Under Section 401 of the Federal Water Pollution Control Act, any applicant seeking a federal license for an activity that may result in any discharge into the navigable waters of the United States is required to first seek a state water quality certification, as specified. The Porter-Cologne Water Quality Control Act authorizes the state board to certify or provide a statement to a federal agency, as required pursuant to federal law, that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will not reduce water quality below applicable standards. The federal act provides that if a state fails or refuses to act on a request for this certification within a reasonable period of time, which shall not exceed one year after receipt of the request, then the state certification requirements are waived with respect to the federal application. This bill would require the state board to make the certificate or statement available on its internet website for a 60-day public comment and review period, and would provide that the certificate or statement shall not be final until voted upon by a majority of the members of the state board at the conclusion of that period. The bill would require an additional 60-day public comment and review period if the certificate or statement is materially modified by the state board after the close of the initial 60-day public comment and review period.
Existing law authorizes the governing board of a school district, by a vote of 23 of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district, if specified conditions are met. Existing law prohibits the governing board of a school district from exercising this authorization if the proposed use of the property by the school district is for nonclassroom facilities. This bill would authorize the governing board of a school district to render a city or county zoning ordinance inapplicable if the proposed use of property by the school district is to offer school district employee housing under specified conditions. Existing law authorizes a city or county to commence an action seeking a review of the action of the governing board of the school district to determine whether it was arbitrary and capricious, as specified. The bill would exempt the rendering of a city or county zoning ordinance as inapplicable, in order to offer school district employee housing, from review under this authority. 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 a school of a school district or a county office education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, as provided. This bill would require the State Department of Education, on or before July 1, 2022, and in collaboration with the State Department of Health Care Services, to establish a peer-to-peer mental health support model program to enable pupils in high school to act as peer supporters for fellow pupils on campus. The bill would require the model program to have specified elements. The bill would require each governing board of a school district, on or before July 1, 2022, to implement the model program on each schoolsite of the school district that contains a high school. By imposing new duties on school districts, the bill would create a state-mandated 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, 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 requires all state and local agencies with an aggregate spending of $50,000,000 or more annually to consider establishing an ongoing audit function. This bill would require all state agencies with an aggregate spending of $50,000,000 or more annually to establish an ongoing audit function. Existing law requires any governing body, as defined, that oversees a state agency that performs or reviews internal audits to establish an audit committee. Existing law, the Bagley-Keene Open Meeting Act (Bagley-Keene Act) , requires that all meetings of a state body, as defined, be open and public, and all persons be permitted to attend any meeting of a state body, except as provided. Violation of the Bagley-Keene Act is a crime. This bill would extend the requirements of the Bagley-Keene Act to the internal audit committees established by any governing body if the governing body is subject to the Bagley-Keene Act. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. Existing law generally requires all internal auditor operations of state agencies to meet specified criteria. If a state agency does not report to a governing body, existing law requires the internal auditor operations to, among other things, report audit findings and recommendations to the head or deputy head of the state agency and to the general counsel of the state agency, if applicable. If a state agency is overseen by a governing body, existing law requires the internal audit operations to, among other things, report audit findings and recommendations to the audit committee and general counsel of the governing body. This bill would require both of these types of state agencies to post audit findings and recommendations on its internet website within 5 days of reporting its audit findings and recommendations, as described above. 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 California Emergency Services Act, permits the Governor to proclaim a state of emergency during conditions of disaster or of extreme peril to the safety of persons and property, including epidemics. Existing law provides that the proclamation takes effect immediately, affords specified powers to the Governor, and terminates upon further proclamation by the Governor or by concurrent resolution of the Legislature. The Governor proclaimed a state of emergency March 4, 2020, related to the COVID-19 pandemic. Existing law generally provides that everyone is responsible, not only for the result of their willful acts, but also for an injury occasioned to another by that person's want of ordinary care or skill in the management of their property or person, except as specified. This bill would exempt a small business or nonprofit organization with 100 or fewer employees from liability for an injury or illness to a consumer, as defined, due to coronavirus (COVID-19) based on a claim that the consumer contracted COVID-19 while at that small business or nonprofit organization, or due to the actions of that small business or nonprofit organization. The bill would require the small business or nonprofit organization, for this exemption to apply, to have implemented and substantially complied with all applicable state and local health laws, regulations, and protocols. Under the bill, this exemption would not apply if the injury or illness resulted from a grossly negligent act or omission, willful or wanton misconduct, or unlawful discrimination by the business or nonprofit organization or an employee of the business or nonprofit organization. The bill would apply these provisions only until the termination of the state of emergency related to the COVID-19 pandemic, regardless of when the claim is filed. The bill would repeal these provisions on January 1, 2023. The bill would include related legislative findings.
Existing law, the California Community Corrections Performance Incentives Act of 2009, authorizes each county to establish a Community Corrections Performance Incentives Fund, and authorizes the state to annually allocate moneys into the State Community Corrections Performance Incentives Fund to be used for specified purposes relating to improving local probation supervision practices and capacities. Existing law establishes a local Community Corrections Partnership (CCP) in each county and requires the CCP to recommend a local plan to the county board of supervisors for the implementation of the 2011 public safety realignment. This bill would require each local CCP to recommend a local plan to the county board of supervisors for the implementation of discharge plans for individuals with mental illness, as specified. Existing law authorizes a county sheriff to discharge a person from a county jail at any time on the last day that the person may be confined that the sheriff considers to be in the best interests of that person. Existing law additionally authorizes a sheriff to offer a voluntary program to a person, upon completion of a sentence served or a release ordered by the court to be effected the same day, that would allow the person to stay in jail for up to 16 additional hours or until normal business hours, whichever is shorter, in order to offer the person the ability to be discharged to a treatment center or during daytime hours, as specified. Existing law authorizes the person to revoke consent and be discharged as soon as possible and practicable. Existing law requires a sheriff offering this program to, whenever possible, allow the person to make a telephone call to arrange for transportation or to notify a bail agent, as specified. This bill would require a sheriff to make the release standards, release processes, and release schedules of a county jail available to incarcerated persons, as specified. The bill would additionally grant a person incarcerated in, or recently released from, a county jail up to 3 free telephone calls from a telephone in the county jail to plan for a safe and successful release. Because this bill would impose new duties on local governments it 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, 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 creates the Department of Insurance, headed by the Insurance Commissioner, and generally regulates the business of insurance in the state. Existing law authorizes the issuance of insurance, which may cover, among other things, business interruption. Other existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property, including epidemics. Pursuant to this authority, on March 4, 2020, the Governor declared a state of emergency relating to the coronavirus 2019 (COVID-19) pandemic. This bill, with respect to a policy of insurance that provides coverage for business interruption, would create specified rebuttable presumptions affecting the burden of proof in a case in which the insured alleges that the business interruption was due to the COVID-19 pandemic and occurred during the period of the state of emergency declared by the Governor due to the COVID-19 pandemic. Specifically, the bill would create certain rebuttable presumptions that COVID-19 was present on specified property and caused physical loss or damage to that property which was the direct cause of the business interruption. Among other things, the bill would provide that with respect to coverage for business interruption due to an order of civil authority, a rebuttable presumption applies that COVID-19 was present on property located within the geographical location covered by the order of civil authority and caused physical loss or damage to that property which was the direct cause of the insured's business. The bill would define "civil authority" for these purposes to include any federal, state, or local government, or the governing body or duly constituted agencies of any federally recognized Indian tribe, and their instrumentalities, divisions, political subdivisions, enterprise boards, and business entities. The bill would prohibit COVID-19 from being construed as a pollutant or contaminant for purposes of any exclusion within an insurance policy unless viruses are expressly included in that exclusion policy language. The bill would provide that it applies retroactively to all insurance policies that provide coverage for business interruption that were in full force and effect on and after March 4, 2020. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the State Energy Resources Conservation and Development Commission to administer the Alternative and Renewable Fuel and Vehicle Technology Program to provide financial assistance for the development and deployment of innovative technologies that transform California's fuel and vehicle types to help attain the state's climate change policies. This bill, the Innovative Renewable Energy for Buildings Act of 2022, would, until January 1, 2032, require the commission to establish and implement a program to provide financial incentives to producers for the production of renewable propane, renewable hydrogen, and renewable dimethyl ether meeting certain requirements and that is used as an energy source for buildings in the state. The bill would make implementation of the program contingent upon an appropriation in the annual Budget Act or other statute for these purposes. The bill would establish the Innovative Renewable Energy for Buildings Fund and would specify that moneys in the fund, upon appropriation by the Legislature, are available for expenditure of purposes of the program.
Existing law requires the State Department of Social Services to license and regulate various care facilities that include, among others, residential care facilities for the elderly and child day care facilities. Existing law requires the department to obtain a criminal history record for all applicants for licenses for these facilities and specified individuals connected with these facilities, including employees, volunteers, and officers of these facilities. Existing law prohibits persons with certain criminal convictions from obtaining a license and further prohibits these specified individuals from being present in these care facilities before obtaining either a criminal record clearance or a criminal record exemption from the department. This bill would require the department, among other things, to convene a working group, with a specified membership, to make recommendations and propose revised regulations to change the criminal record exemption process in order to expedite the process for people who seek licensure from the department and have a criminal conviction. The bill would require the working group, on or before July 1, 2024, to propose revisions to the department's regulations, and further require the department to submit those proposed revisions to the Office of Administrative Law within one month of finalization by the working group. The bill would repeal these provisions on January 1, 2025. This bill would require the department to post information on its internet website concerning applications, including the total number of applicants who submitted fingerprints for the purpose of providing criminal record information, and the number of applicants who had a nonexemptible conviction or who were granted a clearance or a criminal record exemption, as specified. The bill would require the department to publish data in aggregate and without any personally identifying information. The bill would require the department to issue a report of its findings on or before January 1, 2023. The bill would prohibit the department, in the course of securing electronic fingerprint images and criminal history information from license applicants for specified residential facilities, child daycare facilities, and home health agencies, from requiring applicants to disclose their criminal history information, except that the department may inquire about out-of-state convictions for sex offense crimes that, if committed within California, would require a person to register with the Sex Offender Registration Act.
Existing law regulates various businesses to, among other things, preserve and regulate competition, prohibit unfair trade practices, and regulate advertising. This bill would require social media platforms, as defined, or users or advertisers posting on a social media platform, to place text or marking within or adjacent to retouched images that have been posted on the platform for promotional or commercial purposes, and specify how that retouched image was altered. The bill would define retouched image to mean a depiction of a real person, living or deceased, that has had their bodily appearance altered to narrow or thicken their figure or remove marks or blemishes on their skin.
Existing law establishes a motor vehicle inspection and maintenance program, commonly known as the smog check program, that is administered by the Department of Consumer Affairs. The smog check program requires inspection of motor vehicles upon initial registration, biennially upon renewal of registration, upon transfer of ownership, and in certain other circumstances. Existing law exempts motor vehicles that meet certain requirements from being inspected biennially upon renewal of registration. Existing law establishes the Clean Cars 4 All Program, which is administered by the State Air Resources Board, to focus on achieving reductions in the emissions of greenhouse gases, improvements in air quality, and benefits to low-income state residents through the replacement of high-polluter motor vehicles with cleaner and more efficient motor vehicles or a mobility option. This bill would require the state board, as a part of the Clean Cars 4 All Program, to provide vouchers for the purchase of zero-emission vehicles to persons of low income living in disadvantaged communities to replace those persons' vehicles that have failed a smog check inspection, as provided. The bill would require the state board, by January 1, 2024, to take specified actions to meet the goals of the Clean Cars 4 All Program.
The California Emergency Services Act authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist. Existing law establishes the Office of Emergency Services within the office of the Governor and charges it with responsibility for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters upon people and property. Existing law requires the Office of Emergency Services, in consultation with, at minimum, telecommunications carriers, the California cable and broadband industry, radio and television broadcasters, the California State Association of Counties, the League of California Cities, the disability community, appropriate federal agencies, and the Standardized Emergency Management System Alert and Warning Specialist Committee, to develop guidelines for alerting and warning the public of an emergency. This bill would require the office to establish a statewide emergency alert system called California Alert. The bill would require California Alert to utilize Wireless Emergency Alerts authorized by the Integrated Public Alert Warning System, the Federal Emergency Management Agency's national system for local alerting that provides authenticated emergency information to the public through mobile phones within a designate cell tower's coverage area. The bill would require the office to contract with a private vendor that provides alerting systems to send California Alerts to registered phone numbers that are not location based. The bill would require the office to establish standards for issuing emergency alerts to California residents across local jurisdictional boundaries.
