The Mitigation Fee Act authorizes a local agency to establish, increase, or impose a variety of fees, dedications, reservations, or other exactions for services, and in connection with the approval of a development project, as defined. Existing law prohibits a local agency from imposing fees for specified purposes, including fees for water or sewer connections, capacity charges, zoning variances or changes, use permits, and building inspections or permits, among others, that exceed the estimated reasonable cost of providing the service for which the fee is charged, unless voter approval is obtained. Existing law requires fees or service charges that create revenues in excess of actual cost to be used to reduce the fee or service charge. Existing law requires a local agency, before levying or increasing a fee or service charge, to hold at least one open and public meeting and requires that notice of the time and place of the meeting be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. Existing law additionally requires the local agency to make available to the public, at least 10 days prior to the meeting, the data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, as specified. Existing law also authorizes the local agency to provide notice via electronic notification to those who specifically request it, and authorizes the legislative body of a local agency to establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. Existing law authorizes any party to protest the imposition of a fee, dedication, reservation, or other exactions imposed on a development project within 90 or 120 days of the imposition of the fee, as applicable, and specifies procedures for those protests and actions. The act imposes the same requirements on a local agency for a new or increased fee for public facilities. Existing law, for specified fees, requires any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion. Existing law also provides that, if an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge and the adjustment results in an increase in the fee or service charge, that any action to attack, review, set aside, void, or annul the increase to be commenced within 120 days of the increase. This bill would increase, for fees and service charges and for fees for specified public facilities, the time for mailing the notice of the time and place of the meeting to at least 45 days before the meeting. The bill would require the local agency to make that information available to the public at least 30 days before the meeting. The bill would require a local agency to additionally make available to the public all of the data demonstrating the requisite relationship between the amount of a fee for public facilities and the need for the public facilities. The bill would require the data to also be made available to the public on the local agency's internet website. The bill would authorize interested parties to file an electronic request to receive the notice of the meeting time and place, and would require the local agency to mail or electronically send the notice as requested by the party. The bill would prohibit the legislative body of a local agency from establishing a reasonable annual charge for sending electronic notices. The bill would prohibit a local agency, when defending a protest or action filed for a fee or service charge, or for fees for specified public facilities, from using as evidence, or relying on in any way, data not made available to the public pursuant to these provisions. The bill would require revenues in excess of actual cost to be used to reimburse the payor of the fee or service charge. This bill would also delete the provisions requiring a judicial action or proceeding to attack, review, set aside, void, or annul an ordinance within 120 days of the effective date of the ordinance or increase, as applicable. The bill would instead require a judicial action or proceeding to be conducted in accordance with other procedures that, among other things, require a protest to be filed within 90 days after the imposition of the fees and an action to attack, review, set aside, void, or annul the imposition of the fees to be filed within 180 days after delivery of a specified notice by the local agency. By imposing new duties on local agencies, 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 authorizes a court to notify the Department of Motor Vehicles when a person has violated a written promise to appear on specified traffic allegations. Depending on the class of offense that prompts the notification from a court, existing law requires the department, upon receipt of the notification, to suspend the person's driver's license if specified conditions are met, such as a prior notification for a violation of a written promise to appear or when the license is already suspended. If a court has notified the department of a violation of a promise to appear, and the person subsequently appears and resolves the allegation, existing law requires the court to notify the department. Under existing law, a suspension continues until a person's driving record shows no violation of a written promise to appear. This bill would limit the department's authority to suspend a driver's license under the above provisions for a failure to appear to only those alleged violations that are a misdemeanor, other than an alleged violation for a failure to appear, or any felony. Existing law prohibits a person from driving a motor vehicle upon a highway, unless the person then holds a valid driver's license, or is expressly exempted from that prohibition. Under existing law, a violation of this prohibition constitutes a misdemeanor. This bill would make it an infraction, rather than a misdemeanor, to drive without a license for a first and 2nd violation, if the person has no prior suspensions or revocations of their driver's license for specified offenses. The bill would make driving without a license either an infraction or a misdemeanor if a person has a prior suspension or revocation, as specified, or for a 3rd or subsequent violation.
Existing law, contingent upon the appropriation of funds for that purpose by the Legislature, establishes the Aging and Disability Resource Connection (ADRC) program, to be administered by the California Department of Aging, to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. This bill would require the department to establish an LTSS Benefit Task Force, or utilize an existing board, commission, committee, or task force, to focus on LTSS benefit needs in the State of California. The bill would require the department to report to the Legislature by July 1, 2023, on the specified findings and recommendations of the LTSS Benefit Task Force.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , approved by the voters as Proposition 64 at the November 8, 2016, statewide general election, regulates the cultivation, distribution, transport, storage, manufacturing, testing, processing, sale, and use of marijuana for nonmedical purposes by people 21 years of age and older. 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. AUMA imposes an excise tax on the purchase of cannabis and cannabis products at the rate of 15% of the average market price of any retail sale by a cannabis retailer, as specified. AUMA, and as additionally amended by statute, also imposes a cultivation tax upon all cultivators on all harvested cannabis that enters the commercial market, at specified rates per dry-weight ounce of cannabis flowers and leaves. AUMA imposes a monetary penalty, among other things, on a licensee who fails to pay the excise or cultivation tax of at least 12 of the amount of taxes not paid. AUMA requires these taxes and penalties, among other amounts collected, to be deposited in the California Cannabis Tax Fund, a continuously appropriated fund, for specified purposes required under AUMA. This bill would remove the monetary penalty imposed on a licensee who fails to pay the excise or cultivation tax enacted by AUMA, but would retain the monetary penalty on a person who is required to be licensed under AUMA but who is not licensed, and who fails to pay the excise or cultivation taxes, as specified. AUMA authorizes the Legislature to amend its provisions with a23vote of both houses to further its purposes and intent. This bill would declare that its provisions further specified purposes and intent of the act.
Existing law imposes various limitations on the emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law assigns the responsibility for controlling air pollution for sources other than vehicular sources to an air pollution control district or air quality management district. Existing law establishes the South Coast Air Quality Management District as the district with the responsibility for controlling air pollution from sources other than vehicular sources in the South Coast Air Basin. Existing law establishes a district board consisting of 13 members to govern the south coast district. Existing law requires one member of the district board to be appointed by the Senate Committee on Rules and one member to be appointed by the Speaker of the Assembly. This bill would increase the number of members of the district board of the south coast district to 15 members by adding 2 environmental justice appointees, one appointed by the Senate Committee on Rules and one appointed by the Speaker of the Assembly.
Existing law authorizes the State Department of Public Health to establish the Office of Suicide Prevention within the department, and requires the office to perform specified duties, including providing information and technical assistance to statewide and regional partners regarding best practices on suicide prevention policies and programs and reporting on progress to reduce rates of suicide, and authorize the office to apply for and use federal, state, and foundation grants. This bill would remove the limitation that, should the office be established, all duties and responsibilities of the office be carried out using existing staff and resources.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency's action on the grounds of noncompliance with CEQA. This bill would authorize a public university, as defined, carrying out a project to certify the project as a student housing development project if the project meets certain requirements. This bill would authorize an applicant, as defined, proposing a project within 2 miles of the main campus of a public university to apply to the public university for a determination that the project qualifies as a student housing development project. If the public university determines that the project proposed by the applicant qualifies as a student housing development project, the bill would require the public university to notify the lead agency of that qualification. The bill would encourage the Regents of the University of California to implement these provisions. The bill would authorize the public university to charge a fee on the applicant to recover its reasonable costs incurred in making the determination and providing the notification. The bill would require the lead agency to certify the project as a student housing development project if the lead agency makes a certain determination. This bill would authorize an applicant of a project that is within 2 miles of the main campus of a private not-for-profit university and not within 2 miles of the main campus of a public university to apply to the lead agency for certification of the project as a student housing development project. The bill would require the lead agency to certify the project if the project meets certain requirements. This bill would, if a project is certified as a student housing development project, require the public university or lead agency, as appropriate, to provide a specified notice. The bill would require a public university or an applicant proposing a project certified as a student housing development project to comply with certain labor requirements. The bill would require the lead agency, if it determines that a student housing development project is exempt from CEQA, to provide a notice of exemption, as provided. This bill would require the lead agency to prepare the record of proceedings concurrent with the administrative process for the environmental review of a certified student housing development project and to certify the record of proceedings, as specified. Because the bill would impose additional duties on the California community colleges and lead agencies regarding the certification of projects proposed by applicants as student housing development projects and would require lead agencies to file a notice of exemption if they determine that the student housing development projects are exempt from CEQA, this bill would impose a state-mandated local program. This bill would require the Judicial Council, by July 1, 2022, to adopt rules of court establishing procedures requiring actions or proceedings seeking judicial review challenging the lead agency's action regarding a project certified as a student housing development project pursuant to CEQA and certain other actions related to the student housing development project, or the granting of project approvals, including any appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 business days of the filing of the certified record of proceedings with the court. 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, establishes the Office of Emergency Services (OES) within the office of the Governor, and sets forth its powers and duties, including responsibility for addressing natural, technological, or manmade disasters and emergencies, including activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters to people and property. This bill would require OES to develop state recovery frameworks for California's catastrophic plans, as provided. The bill would also require the governing body of a political subdivision, as defined, to develop regional recovery frameworks for California's catastrophic plans and would require OES to provide technical assistance in this regard. This bill would require OES and the governing bodies of political subdivisions, in developing recovery frameworks, to incorporate lessons learned from recent major disasters, including the COVID-19 pandemic. The bill would require the recovery frameworks to be consistent with guidance from the Federal Emergency Management Agency and to address, at a minimum, specified recovery support functions, including economic recovery, health and social services, and infrastructure systems. The bill would require OES to use, to the greatest extent possible, federal preparedness grant funding to offset the state, local, and tribal government costs associated with developing recovery frameworks. The bill would require the state and regional recovery frameworks to be completed by January 15, 2023. By imposing new duties on local agencies, 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law, until July 1, 2026, authorizes the board of governors, in consultation with the California State University and the University of California, to establish a statewide baccalaureate degree pilot program. Existing law requires a community college district baccalaureate degree pilot program to commence no later than the 2017–18 academic year, and requires students participating in a baccalaureate degree pilot program to commence their degrees by the beginning of the 2022–23 academic year. This bill would extend the operation of the statewide baccalaureate degree pilot program by one year, until July 1, 2027.
Existing law establishes, among other housing programs administered by the Department of Housing and Community Development, the Multifamily Housing Program, pursuant to which the department provides assistance in the form of deferred payment loans to pay for specified eligible costs of development of specified housing projects. This bill would require the Department of Housing and Community Development to convene a working group to advise it in its administration of the Multifamily Housing Program, as specified. The working group would be tasked with, among other things, developing and proposing consistent program requirements for determining eligibility for awarding financial resources to multifamily projects, and proposing alignment of application deadlines for multifamily housing projects.
Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. The MHSA established the Mental Health Services Oversight and Accountability Commission, which is funded with moneys from the Mental Health Services Fund and which is required to review county plans relating to mental health services and to create specified reports on the use of MHSA moneys. Existing law authorizes the commission to refer critical issues it identifies related to the performance of a county mental health program to the State Department of Health Care Services. This bill would, instead, require the commission to refer identified critical issues related to the performance of a county mental health program to the department.
Existing law, the Dental Practice Act, provides for the licensure and regulation of the practice of registered dental hygienists, registered dental hygienists in extended functions, and registered dental hygienists in alternative practice by the Dental Hygiene Board of California within the Department of Consumer Affairs. Existing law makes certain violations of specific provisions relating to healing arts by a licensee a crime. Existing law authorizes a registered dental hygienist in alternative practice to perform any of the duties or functions authorized to be performed by a registered dental hygienist as an employee of a dentist or of another registered dental hygienist in alternative practice, as an independent contractor, as a sole proprietor of an alternative dental hygiene practice, in specified clinics, or in a professional corporation. Existing law further authorizes a registered dental hygienist in alternative practice to perform certain additional duties and functions in prescribed settings. This bill would authorize a registered dental hygienist in alternative practice to perform specified duties and functions authorized to be performed by a registered dental hygienist as an independent contractor for a physician and surgeon or medical practice on an individual who is under 18 years of age or pregnant, enrolled in the Medi-Cal program, and has not utilized Medi-Cal dental program benefits in the past 12 months. The bill would require a registered dental hygienist in alternative practice to refer a screened patient with possible oral abnormalities or conditions to a dentist for a comprehensive examination, diagnosis, and treatment plan, as provided. The bill would also require a registered dental hygienist in alternative practice to provide a written informed consent to the patient at each visit and to provide to the patient's established medical provider all relevant patient information, as specified. Because a violation of certain provisions of the bill would be a crime, 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 no reimbursement is required by this act for a specified reason.
