Existing law prohibits a person from selling a plastic product that is labeled as "compostable" or "home compostable" unless, at the time of sale, the plastic product meets the applicable ASTM standard specification for plastics designed to be aerobically composted in municipal or industrial facilities or the OK compost HOME certification. Existing law exempts from that prohibition those plastic products that meet a subsequently revised or different standard specification adopted by the department under specified conditions, or if the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law authorizes the department to otherwise make a recommendation to the Legislature if ASTM International, or any other entity, develops a new standard specification or other applicable standard for either of the terms "compostable" or "home compostable" and the department determines that the new standard for the use of the term, when compared to the current ASTM standard in effect, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs. This bill would prohibit a person from selling a plastic product that is labeled with the term "industrially compostable" unless, at the time of sale, the plastic product meets the applicable ASTM standard specification for plastics designed to be aerobically composted in municipal or industrial facilities, and would specify that the labeling prohibition for "compostable" or "home compostable" applies unless, at the time of sale, the plastic product has the OK compost HOME certification. The bill would additionally exempt a plastic product labeled with the term "industrially compostable," "compostable," or "home compostable" from the prohibition on using those terms if the plastic product meets another specification adopted by the department that is adopted or developed by ASTM International or a similar existing standards body, as provided.
The California Emergency Services Act, among other things, establishes the Office of Emergency Services within the office of the Governor, under the charge of a Director of Emergency Services appointed by the Governor. The act and other existing laws set forth the duties and authority of the office and the director, with respect to specified emergency preparedness, mitigation, and response activities within the state. This bill would require the office to collaborate with cities hosting large-scale sporting and associated events, and to prepare for the planning, resourcing, management, and delivery of safety and security of those events. The bill would require the office to enter into a memorandum of understanding with the host cities and with other necessary parties to enhance safety and security, and would require the memorandum of understanding to comply with the state's Master Mutual Aid Agreement. This bill would require the office to prepare for the planning, resourcing, management, and delivery of safety and security at the potential 2026 FIFA World Cup hosting sites in the City of Los Angeles and the San Francisco Bay area. The bill would require the office, no later than one year from the date the final selection of host cities is made, to enter into a memorandum of understanding with the cities hosting the 2026 FIFA World Cup games, the chosen host committees, and with other necessary parties to implement those safety and security activities. The bill would repeal these provisions on January 1, 2027. 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) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use plastic straws. The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. Existing law makes a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by 2020. This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would establish a comprehensive regulatory scheme for producers, retailers, and wholesalers of single-use packaging, as defined, and single-use products, as defined, made partially or entirely of plastic, to be administered by the department. The bill would require producers, within 6 months of the department's adoption of regulations to implement the act, to individually, or to collectively form or join a stewardship organization that will, develop, finance, and implement a convenient and cost-effective program to source reduce, recover, and recycle single-use packaging and single-use products discarded in the state, and develop and submit to the department a stewardship plan, annual report, and budget, as prescribed. The bill would require the stewardship plan to include funding to support, among other things, mechanisms necessary to achieve a 75% recycling rate of single-use packaging and single-use products by 2032 and annually thereafter. The bill would require, starting in 2025, a stewardship organization to collect from its member producers funding for the purposes of paying the administrative and operational costs of the stewardship program. The bill would require, on or before the end of the 2022–23 fiscal year, and once every 3 months thereafter, a stewardship organization to pay to the department an administrative fee to cover the department's full costs of administering and enforcing the act, not to exceed the department's actual and reasonable regulatory costs. This bill would authorize the department to impose an administrative civil penalty, except as specified, not to exceed $50,000 per day per violation on an entity that is not in compliance with the act's requirements. The bill would require the department to deposit those administrative civil penalties into the Circular Economy Penalty Account, which the bill would create. The bill would provide that the moneys in the account shall be available to the department, upon appropriation by the Legislature, for purposes that further the act. This bill would require the department, no later than July 1, 2022, to post a list of packaging categories, as defined, and product categories, as defined, for single-use packaging and single-use products that are easily recyclable or easily compostable, hard to recycle or hard to compost, or nonrecyclable or noncompostable, and specifies the types of plastics to be included on the initial list posted by the department. The bill would require the department to develop criteria to determine if single-use packaging and single-use products are easily recyclable or easily compostable, hard to recycle or hard to compost, or nonrecyclable or noncompostable, as provided. The bill would, beginning January 1, 2023, require all single-use packaging and single-use products sold, offered for sale, distributed, or imported in or into the state to be easily recyclable or easily compostable in the state. The bill would, beginning January 1, 2035, require all single-use packaging and single-use products sold, offered for sale, distributed, or imported in or into the state to include 75% postconsumer recycled content. The bill would require the department, beginning in 2023, to impose an administrative civil penalty on producers per unit sold, offered for sale, imported, or distributed in or into the state of $0.01 for hard to recycle or hard to compost single-use packaging and single-use products, $0.02 for nonrecyclable or noncompostable single-use packaging and single-use products, and, additionally, beginning in 2035, of $0.01 for single-use packaging and single-use products that do not include 75% postconsumer recycled content. The bill would require the department to deposit those administrative civil penalties into the Single-Use Plastic Packaging and Products Penalty Account, which the bill would create. The bill would provide that the moneys in the account shall be available to the department, upon appropriation by the Legislature, for projects with demonstrated environmental or environmental health benefits, and that prioritize projects within the state. The bill would impose on producers, among other requirements, registration, reporting, and recordkeeping requirements. The bill would require reports and data provided by producers to the department to be accurate and attested to under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. (2) 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. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
The California Constitution provides that the state is divided into counties, which are legal subdivisions, and requires, among other things, that the Legislature provide for an elected governing body in each county. Existing law implementing this requirement requires that each county have a board of supervisors consisting of 5 members. Existing law requires the board of supervisors to, within 10 days after each session, publish a fair statement of all its proceedings, except as provided. This bill would, instead, require the board of supervisors to, within 7 days after each session, publish a fair statement of all its proceedings, except as provided.
Existing law authorizes the Employment Development Department (department) to administer the federal-state unemployment insurance program and provides for the payment of unemployment compensation benefits to eligible individuals who are unemployed through no fault of their own. Existing law establishes procedures for the filing, determination, and payment of benefit claims, and those benefits are payable from the Unemployment Fund. Existing law requires the department to promptly pay benefits if it finds the claimant is eligible and to promptly deny benefits if it finds the claimant is ineligible for benefits. Existing law requires the department to consider facts submitted by an employer in making this determination and also provides for the department to audit claims, as specified. This bill would, beginning July 1, 2021, require the department, as part of its process for determining eligibility for unemployment insurance benefits, cross-check all claimant information with state and county correctional facility inmate data in an effort to detect fraudulent applications. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Fair Employment and Housing Act (FEHA) , protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or abridgment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, mental condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. This bill would provide that, under FEHA, it is not a violation of the rights of any individual who is not chosen for an employer to hire or promote a member of a protected group, if the employer determines that the individual hired or promoted is qualified for the job and the individual hired or promoted is a member of a protected group that is underrepresented in the type of job in question in the relevant general workforce. Under the bill, the violation exemption would not apply if the individual hired or promoted is a member of a protected group that, prior to the selection of the individual, was overrepresented in the type of job in the employer's workforce or an individual challenging the hire or promotion decision is a member of a protected group that is underrepresented in the type of job in the relevant general workforce and there is substantial evidence that the individual's protected status was a substantial factor in the hire or promotion decision. The bill would define terms for its purpose.
Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the school district. Existing law does not prohibit persons participating in an organized advisory program approved by the governing board of a school district, and supervised by a school district counselor, from advising pupils pursuant to the organized advisory program. This bill would expressly authorize the governing board of a school district, as part of an organized advisory program, to partner with local or community mental health providers or clinics to administer any part of its comprehensive educational counseling program.
Existing law outlines the procedures for agencies to follow in the collection, maintenance, and dissemination of personal information, as defined, in order to protect the privacy of individuals. Existing law generally prohibits an agency from disclosing any personal information in a manner that would link the information disclosed to the individual to whom it pertains. Existing law permits the disclosure of that information to the University of California or a nonprofit educational institution, under specified conditions. Existing law establishes a center for research into firearm-related violence, administered by the University of California, to conduct research with a mission to provide the scientific evidence on which sound firearm violence prevention policies can be based, as specified. Existing law collects various data relating to crimes and firearms, including, among other things, criminal history information, a database of gun violence restraining orders, and a database of firearm precursor parts purchases. Existing law makes the unauthorized furnishing of criminal history information a crime. Existing law, as amended by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, created a database of ammunition purchases and made that database confidential. Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with, and further the intent of, the act. This bill would name the center for research into firearm-related violence the California Firearm Violence Research Center at UC Davis. The bill would generally require that the information above be made available to researchers affiliated with the California Firearm Violence Research Center at UC Davis, and, at the department's discretion, be made available to any other nonprofit bona fide research institution or public agency concerned with the study and prevention of violence, for academic and policy research purposes. The bill would require that material identifying individuals only be provided for research or statistical activities, and require that information to only be used for those purposes and for reports or publications derived from that information to not identify specific individuals. By providing access to criminal history information, the unauthorized furnishing of which is a crime, this bill would expand a crime and create a state-mandated local program. The bill would additionally require the Department of Justice to establish procedures for these requests, as specified. 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 makes any person who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and not disqualified from holding a civil office, eligible to be elected or appointed a member of a governing board of a school district, as provided. Existing law prohibits a person from holding a civil office if, at the time of election or appointment, the person is not 18 years of age and a citizen of the state, as defined. This bill would authorize the governing board of a school district to order the inclusion within the membership of the governing board of one or more nonvoting noncitizens who reside within the jurisdictional boundary of the school district and who are the parents or legal guardians of undocumented pupils who are enrolled in the school district.
Existing law allows an incarcerated person who has been convicted of a felony to make a written motion for the performance of forensic deoxyribonucleic acid (DNA) testing according to a specified procedure. Existing law allows the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. Existing law allows a court, upon request of the convicted person or the convicted person's counsel, to order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, copies of DNA lab reports, copies of evidence logs, and other specified documents. Existing law requires a court to grant the motion for DNA testing if it determines that the requested DNA testing results would raise a reasonable probability that, in light of all the evidence, the convicted person's verdict or sentence would have been more favorable if the results of DNA testing had been available at the time of conviction. This bill would allow a person who was convicted of a felony and is currently serving a term of imprisonment to make a motion for performance of friction ridge processing and examination to develop, search, and compare friction ridge impressions. The bill would allow the court to order a hearing on the motion if the court determines the convicted person has met specified requirements and that the hearing is necessary. The bill would allow a court, upon request of the convicted person or the convicted person's counsel, to order the prosecutor to make all reasonable efforts to obtain, and police agencies and law enforcement laboratories to make all reasonable efforts to provide, copies of friction ridge examination reports, copies of evidence logs, and other specified documents. The bill would require a court to grant a motion for friction ridge processing, examination, or database searching if it determines that the requested friction ridge processing, examination, and database searching would raise a reasonable probability that, in light of all of the evidence, the convicted person's verdict or sentence would have been more favorable if the results of the friction ridge processing, examination, and database searching had been available at the time of conviction. By increasing the duties of local governmental entities in regard to orders to complete friction ridge processing, 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, 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 vests the Department of Fish and Wildlife, which is administered by the Director of Fish and Wildlife, with the authority to adopt regulations necessary to carry out the provisions of the Fish and Game Code. Existing law creates the Fish and Game Commission and delegates to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles. Under existing law, a violation of the Fish and Game Code is a crime. This bill would require, on or before November 1, 2025, ropeless fishing gear, as determined by the department, to be used when fishing in a national marine sanctuary and taking any species of fish for commercial or recreational purposes in any trap fishery, upon implementation of this requirement by the department and commission. The bill would require the department and the commission to promulgate regulations to implement the above requirement, including establishing a public process to certify fishing gear as ropeless and defining ropeless fishing gear as including only gear in which there is no static vertical buoy line. The bill would authorize the director to extend the November 1, 2025, implementation deadline for the above requirement by up to 2 years, by making findings that suitable ropeless fishing gear is not yet commercially available, as specified. The bill would specify when ropeless fishing gear is not required to be used, including for traps used for scientific or management purposes, traps set in freshwater, traps set from piers or from shore, or traps used to take minnow in tidewaters. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the department to work with the fishing industry, ropeless fishing gear manufacturers, and other relevant stakeholders to promote the expeditious testing, refinement, manufacture, and adoption of ropeless fishing gear for trap fisheries. The bill would require the department to carry out testing and demonstration of ropeless fishing gear for certain fisheries. The bill would require, on or before July 1, 2022, and annually thereafter until the above requirement is implemented, the department to issue a publicly available report on the commercial availability of suitable ropeless fishing gear and the department's efforts to test and promote its use, and to provide copies to the appropriate legislative committees. The bill would make various conforming changes. The bill would make findings and declarations related to the necessity of ropeless fishing gear. 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) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones, as provided. Existing law requires each planning agency to prepare, and the legislative body of each county and city to adopt, a comprehensive, long-term general plan, including a safety element, for the physical development of the county or city, as provided. Existing law requires the draft element of, or draft amendment to, the safety element of a county or city's general plan to be submitted to the State Board of Forestry and Fire Protection and to every local agency that provides fire protection to territory in the city or county at least 90 days before the adoption or amendment to the safety element of its general plan for each city or county that contains a very high fire hazard severity zone. This bill would require the director to also identify areas of the state as moderate and high fire hazard severity zones, as provided. The bill would also require the draft element of, or draft amendment to, the safety element of a county or city's general plan to be submitted to the state board and to every local agency that provides fire protection to territory in the city or county at least 90 days before the adoption or amendment to the safety element of its general plan for each city or county that contains a moderate or high fire hazard severity zone, as provided. To the extent this would require a higher level of service from a local agency with respect to the submission of a draft element of, or a draft amendment to, a safety element of a county or city's general plan, the bill would impose state-mandated local program. Existing law requires the state board to, and authorizes a local agency to, review the draft or an existing safety element and recommend changes to the planning agency regarding uses of land and policies in state responsibility areas and very high fire hazard severity zones and regarding methods and strategies for wild land fire risk reduction and prevention within state responsibility areas and very high fire hazard severity zones, as provided. This bill would also require the state board to, and authorize a local agency to, review the draft or an existing safety element and recommend changes to the planning agency regarding uses of land and policies in moderate and high fire hazard severity zones and regarding methods and strategies for wild land fire risk reduction and prevention within moderate and high fire hazard severity zones. (2) Existing law, the Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency, and sets forth procedures governing the local agency's processing, approval, conditional approval, or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. Before approving a tentative map, or a parcel map for which a tentative map was not required, for an area located in a state responsibility area or a very high fire hazard severity zone, existing law requires a legislative body of a county to make specified findings. Existing law requires a legislative body of a county to transmit these findings to the State Board of Forestry and Fire Protection. This bill would also require a legislative body of a county to make specified findings before approving a tentative map, or a parcel map for which a tentative map was not required, for areas located in moderate and high fire hazard severity zones, as provided, and would require these findings to be transmitted to the state board. By requiring new duties on a county, 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, 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.
