Existing sales and use tax laws impose taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by those laws. This bill would exempt from those taxes the gross receipts from the sale of, and the storage, use, or other consumption of, qualified school supplies, as defined, for the three-day period beginning at 12:01 a.m. on July 30, 2022, and ending at 11:59 p.m. on August 1, 2022. Existing law requires a bill that would authorize a new tax expenditure under the Sales and Use Tax Law to identify specific goals, purposes, and objectives that the tax expenditure will achieve, and detailed performance indicators and data collection requirements for determining whether the tax expenditure achieves these goals, purposes, and objectives. This bill would make findings specifying the goal, purpose, and objective of the sales and use tax exemption provided by this bill and the performance indicator to be used, and would require, on or before January 1, 2023, the California Department of Tax and Fee Administration to provide a report to the Assembly Revenue and Taxation Committee and the Senate Governance and Finance Committee on the use of the tax exemption. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.
Existing law requires land to be declared either "surplus land" or "exempt surplus land," as defined and as supported by written findings, before a local agency may take any action to dispose of the land consistent with an agency's policies or procedures. Existing law prescribes requirements for the disposal of surplus land by a local agency, as defined, and requires, except as provided, the local agency disposing of surplus land to comply with certain notice requirements prior to disposing of the land or participating in negotiations to dispose of the land with a prospective transferee, particularly that the local agency send a notice of availability to specified entities, as provided. Under existing law, if the local agency receives a notice of interest, the local agency is required to engage in good faith negotiations with the entity desiring to purchase or lease the surplus land. Existing law requires the local agency disposing of the land to send a notice of availability to local entities and housing sponsors for the purpose of developing low- and moderate-income housing, as provided, and requires the Department of Housing and Community Development to maintain on its internet website an up-to-date listing of all notices of availability throughout the state. Existing law specifies requirements that must be met for entities desiring to develop land for those purposes, prioritizes the entity that proposes the greatest number of units, and in the event that more than one entity proposes the same number of units that meet the affordable housing requirements, prioritizes the entity that proposes the deepest average level of affordability for the affordable units. Existing law provides that these provisions do not preclude a local agency, housing authority, or redevelopment agency that purchases land from a disposing agency from reconveying the land to a nonprofit or for-profit housing developer for development of low- and moderate-income housing as authorized under other provisions of law. Existing law authorizes any public agency disposing of surplus land to a specified entity that intends to use the land for certain purposes, including low- and moderate-income housing purposes, may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. Existing law requires a local agency, prior to agreeing to terms for the disposition of surplus land, to provide the Department of Housing and Community Development with a specified description of the process followed to dispose of the land and a copy of any recorded restrictions against the property, as specified, in a form prescribed by the Department of Housing and Community Development. Existing law requires the Department of Housing and Community Development to, among other things, review the description and submit written findings to the local agency within 30 days of receiving the description if the proposed disposal of the land will violate specified provisions of law and includes a timeline for the local agency to respond and take certain action pursuant to the department's findings. Existing law, beginning January 1, 2021, imposes a penalty for violation of these surplus land provisions after a local agency receives the notification from the Department of Housing and Community Development and a penalty for subsequent violations. Existing law authorizes specified entities or persons to bring an action against a local agency to enforce the provisions related to surplus land and allows a local agency 60 days to cure or correct an alleged violation before the action may be brought, except as specified. This bill would add to the definition of "exempt surplus land" a former military base or other planned residential or mixed-use development of adjacent or nonadjacent parcels of greater than 5 total acres, that are subject to a written plan, where at least one of the owners is a local agency and meets other specified criteria. This bill would provide that the surplus land provisions described above do not preclude a local agency that purchases surplus land from a disposing agency from reconveying the surplus land to a nonprofit or for-profit housing developer for development of low- and moderate-income housing as authorized under other provisions of law. The bill would provide that any local agency disposing of surplus land to a specified entity that intends to use the land for specified purposes, including low- and moderate-income housing purposes, may provide for a payment period of up to 20 years in any contract of sale or sale by trust deed for the land. If the original responding entity agrees to the price, the bill would require another period of not less than 90 days for the parties to agree on the terms of the sale. The bill would require the Department of Housing and Community Development to maintain copies of the notices of availability on its internet website and make them available as a downloadable PDF. The bill would make other technical changes. By increasing the duties of 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.
(1) Existing law authorizes the Secretary of Food and Agriculture to adopt regulations regarding fruit, nut, and vegetable standards. Existing law exempts from these standards fruits, nuts, and vegetables that are being transported or delivered under specified conditions, including from the orchard or field where they were produced to a packing plant within the state for first processing, grading, or packing. This bill would expand the above exemption to all packing plants, regardless of the state in which the packing plant operates. (2) Existing law exempts from the fruit, nut, and vegetable standards the shipment, transportation, or movement of melons and vegetables in field bins or bulk out of the state, up to 25 miles beyond the border, under specified conditions. This bill would repeal the above provision.
The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. The Buy Clean California Act, requires, among other things, the Department of General Services (department) to establish a maximum acceptable global warming potential for each category of eligible materials, as specified. That law requires an awarding authority, as defined, to require a successful bidder to submit a current Environmental Product Declaration developed in accordance with specified standards, for that type of product. This bill would require the department, on or before January 1, 2024, to establish and publish a maximum acceptable global warming potential for concrete, as specified. The bill would, beginning January 1, 2022, require an awarding authority to require a winning bidder for an eligible project to submit an Environmental Product Declaration developed in accordance with specified standards prior to installation of any concrete products. This bill would, beginning January 1, 2023, require an awarding authority letting contracts involving the purchase of 50 cubic yards or more of concrete to apply a performance discount rate, as specified, for the purpose of assessing and selecting bids. The performance discount rate would apply an artificial price discount, not to exceed 5%, to bids with a global warming potential within specified parameters. .
Existing law imposes an annual minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state. Existing law also imposes an annual tax in an amount equal to the minimum franchise tax on every limited partnership, limited liability partnership, and limited liability company doing business in this state, as specified. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would suspend the minimum franchise tax and the annual tax for taxable years beginning on or after January 1, 2020, and before January 1, 2023. This bill would also include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services, including enteral nutrition products, pursuant to a schedule of benefits. Under existing law, these health care services are provided through various delivery systems, including fee-for-service and managed care. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law authorizes the department to enter into various types of contracts for the provision of services to beneficiaries, including contracts with a Medi-Cal managed care plan. Existing law imposes various requirements on managed care plan contractors, including network adequacy standards relating to time and distance, and requires the department to ensure that specified benefits, such as mental health, are provided by the contractors in compliance with prescribed federal law. Existing federal law authorizes specified managed care entities that participate in a state's Medicaid program to cover, for enrollees, services or settings that are in lieu of services and settings otherwise covered under a state plan. Existing law requires the department to establish a Medically Tailored Meals Pilot Program to operate for a period of 4 years from the date the program is established, or until funding is no longer available, whichever date is earlier, in specified counties to provide medically tailored meal intervention services to Medi-Cal participants with prescribed health conditions, such as diabetes and renal disease. Effective for contract periods commencing on or after January 1, 2022, this bill would authorize Medi-Cal managed care plans to provide medically tailored meals to enrollees. The bill would authorize the department to implement this provision by various means, including plan or provider bulletins, and would require the department to seek federal approvals. The bill would condition the implementation of this provision on the department obtaining federal approval and the availability of federal financial participation.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law authorizes the court, in the interests of justice and for other reasons stated in the record, to reduce or eliminate the minimum imprisonment or fine requirements. This bill would instead make a person who fails to immediately stop, as required, at the scene of an accident that resulted in a permanent, serious injury subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, the violation of those requirements would be punishable by imprisonment in the state prison for 3, 4, or 6 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine.
Existing law, the California Fair Employment and Housing Act (FEHA) , protects the right to seek, obtain, and hold employment without discrimination because of prescribed characteristics. FEHA also makes unlawful various practices connected to obtaining and financing housing accommodations, among other things, if those practices discriminate based on specified characteristics. Existing law creates the Department of Fair Employment and Housing to administer and enforce these provisions. This bill would add housing status as a protected characteristic under the employment and housing provisions of FEHA. Existing law prescribes a variety of consumer privacy protections, including those arising from particular business transactions, and regulates specified business transactions between parties. This bill would prohibit a background check service provider, as defined, from including specified information in a background check, including any fine, penalty, or charge related to camping, sleeping, sitting, or lying down in public spaces, or living in vehicles.
Existing federal law, the Trafficking Victims Protection Reauthorization Act of 2005, requires the U.S. Secretary of Labor, acting through the Bureau of International Labor Affairs, to monitor and combat forced labor and child labor by, among other things, developing and making available to the public a list of goods from countries that the bureau has reason to believe are produced by forced labor or child labor in violation of international standards. Existing state law, the California Transparency in Supply Chains Act of 2010, requires retail sellers and manufacturers doing business in the state and having annual worldwide gross receipts that exceed $100,000,000 to disclose their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale, as specified. Existing law governs the bidding and awarding of public contracts by various state agencies. Existing law imposes requirements on contractors awarded various public contracts, including, among others, certifying that no equipment, materials, supplies, apparel, garments, or accessories provided under specified contracts are produced by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor, or exploitation of children in sweatshop labor. This bill would enact the Congo Child Labor Act of 2021, and would require a retail seller or manufacturer doing business in this state with gross receipts of $10 million or more per year shall not sell or make a product containing 300 or more grams of cobalt unless it has certified, under penalty of perjury, that the cobalt was not mined or refined using child labor by filing a Congo Child Labor Disclosure with the Franchise Tax Board. The bill would require the disclosure to include, among other things, the extent to which the retailer or manufacturer contracts with an independent third party to audit or verify that their supply chains are free of child labor. The bill would specify that a person who certifies under penalty of perjury as true any material matter that the person knows to be false is guilty of a misdemeanor. By creating a new crime and expanding the crime of perjury, this bill would impose a state-mandated local program. The bill would make the exclusive remedy for selling or making a product containing 300 or more grams of cobalt without the required certification to be an action brought by the Attorney General for injunctive relief. The bill would require the board to develop or contract to develop a list of products sold in California that contain 300 grams or more of cobalt and persons who sell or manufacture those products. The bill would require the board to publish the list on its internet website and to provide the list free of charge to any public entity and to the Legislature, upon request. This bill would prohibit a person that has not filed the disclosure from bidding on or submitting a proposal for a new or renewed contract with a public entity for goods or products that contain more than 300 grams of cobalt and are worth more than $1,000,000. The bill would require a public entity to require a person bidding for or renewing a contract for goods or products containing more than 300 grams of cobalt to submit proof that they have timely filed the disclosure. This bill would prohibit state funds from being used to purchase, lease, or otherwise acquire, or for grants to third parties that would be used to purchase, lease, or otherwise acquire, products containing cobalt in an amount of 300 grams or more and appearing on the list developed by the Franchise Tax Board unless the retail seller or manufacturer has filed a valid disclosure. This bill would make related findings and declarations, including that the bill addresses an issue of statewide concern. 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 Office of Emergency Services, under the supervision of the Director of Emergency Services, and, among other things, authorizes the director to procure surplus equipment, apparatus, supplies, and storage facilities from the federal government for specified purposes. Existing federal law establishes a program, known colloquially as the Hazard Mitigation Grant Program, to finance up to 75% of the cost of hazard mitigation measures determined to be cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under specified federal law. This bill, no later than January 15, 2022, and annually thereafter, would require the Office of Emergency Services to submit a written report, containing specified information, to the Assembly Committee on Emergency Management, the Assembly Committee on Budget, the Senate Committee on Governmental Organization, and the Senate Committee on Budget and Fiscal Review that details the priority investments and expenditures of the federal Hazard Mitigation Grant Program administered by the office, as provided. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law establishes the California College Promise, under the administration of the Chancellor of the California Community Colleges, to provide funding, upon appropriation by the Legislature, to each community college meeting prescribed requirements. Existing law authorizes a community college to use that funding to accomplish specified policy goals and to waive some or all of the fees for 2 academic years for certain first-time students at the college who are enrolled in 12 or more semester units or the equivalent, or less for students certified as "full time," as specified, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application. This bill would specify that first-time students include formerly and currently incarcerated students, and would expand eligibility for a fee waiver to first-time students who are enrolled part time and complete and submit the required application. The bill would also make conforming changes. To the extent that this bill would create new duties for community colleges that participate in the California College Promise, it would constitute a state-mandated local program. (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, 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 Department of Housing and Community Development (HCD) and requires it to administer various housing programs. Existing law establishes a program for providing rental assistance, using funding made available pursuant to existing federal law to provide financial assistance and housing stability services to eligible households, as provided, administered by HCD. This bill, in order to ensure that data is available for research and analysis to inform future state policy and programs, would require HCD to retain data from designated sources for at least 10 years, including data on the state rental assistance program, information submitted by eligible grantees that received the federal funding, and data on rental registries operated by local governments, as specified. The bill would prohibit personal information collected that pertains to the application for or receipt of rental assistance by any individual or household from being subject to public disclosure, as provided. 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.
