Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission. Under the ABC test, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello) . This bill would generally repeal provisions relating to the "ABC" test for various specified occupations and business relationships. The bill would, instead, require the determination of whether a person is an employee or an independent contractor to be based on the specific multifactor test set forth in Borello, including whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired, and other identified factors. The bill would make related, conforming changes.
The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and activities by the Fair Political Practices Commission. Under the act, political advertisements on online platforms are required to contain certain disclosure statements. This bill would require an online platform to maintain and make available for online public inspection a description of the audience requested by the committee and the types of personal information, as defined, used by the online platform to target the advertisement, including use by the online platform of characteristics such as age, gender, race, or other protected classifications under law. The online platform's chief executive officer, chief financial officer, chief operating officer, chief privacy officer, or the equivalent position of any of these officers, if applicable, would be required to personally certify, under penalty of perjury, that to their knowledge the online platform has correctly disclosed all activity under this law. By expanding the crime of perjury, the bill would impose a state-mandated local program. In addition, because a violation of the act is subject to criminal penalties, the bill would impose a state-mandated local program by expanding the act's criminal penalties. This bill would also require an online platform that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months that targets political advertising, as described above, to make available an application programming interface or other technical capability to enable qualified third parties to conduct independent analysis of bias and unlawful discriminatory impact of that targeted advertising. 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing federal law allows a New Markets Tax Credit to a taxpayer holding a qualified equity investment in an amount equal to the applicable percentage of the amount paid to the qualified community development entity for investment in low-income communities. The state Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow a California New Markets Tax Credit under the Personal Income Tax Law and the Corporation Tax Law, in modified conformity with the federal New Markets Tax Credit, for taxable years beginning on or after January 1, 2024, and before January 1, 2029, in a specified amount for designated qualified equity investments, as defined, in low-income communities. The bill would limit the total annual amount of credit allowed pursuant to these provisions to $100,000,000 per calendar year. The bill would impose specified duties on the Governor's Office of Business and Economic Development (GO-Biz) with regard to the application for, and allocation of, the credit. The bill would require GO-Biz to establish and impose reasonable fees upon entities that apply for the allocation of the credit, to be deposited in the California New Markets Tax Credit Account established by the bill within the California Economic Development Fund, and use the revenue, upon annual appropriation by the Legislature, to defray the cost of applying to and administering the credits, as specified. The bill would only authorize the designation of a qualified equity investment in those taxable years for which moneys are appropriated to GO-Biz to administer these credits for those taxable years. Existing law requires any bill authorizing a new personal income tax or corporation tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. This bill would also include that additional information required for any bill authorizing a new personal or corporation income tax credit. The bill would provide that its provisions are severable. This bill would take effect immediately as a tax levy.
Existing law provides that the State Air Resources Board shall consist of 14 voting members, 12 of whom shall be appointed by the Governor, with the consent of the Senate, one of whom shall be appointed by the Senate Committee on Rules, and one of whom shall be appointed by the Speaker of the Assembly. This bill would require, as of January 1, 2025, that the state board consist of 14 voting members, 11 of whom shall be elected by district voters and 3 of whom shall be appointed by the Governor, the Senate pro Tempore, and the Speaker of the Assembly. The bill would provide that each elected state board member shall serve a 4-year term commencing on January 1 of the calendar year following a statewide election, with the first state board election occurring in 2024, and that no elected state board member shall serve more than a total of 3 terms. The bill would provide that the office of an elected state board member shall be a nonpartisan office, subject to the provisions specified in the Elections Code for nominations and elections. The bill would require the state board, on or before January 1, 2023, and within one year of each federal decennial census, to establish and adopt 11 districts within the state, as provided, and develop a map depicting the geographical boundaries of each district. The bill would require the state board to engage the public, as specified, prior to adopting the district boundaries and map. The bill would require that a vacancy of an elected state board position be filled by the Governor within 30 days of the date on which the vacancy occurs, and would identify the process pursuant to which an elected state board member may be recalled.
The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a land use element. Existing law requires the land use element to designate the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law requires county or city zoning ordinances to be consistent with the general plan of the county or city, as specified. Existing law requires the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones based on the severity of fire hazard that is expected to prevail in those areas, as specified, and requires each local agency to designate, by ordinance, the very high fire hazard severity zones in its jurisdiction. Existing law additionally requires the director to classify lands within state responsibility areas into fire hazard severity zones. This bill, beginning on or after January 1, 2022, would prohibit the legislative body of a city or county from entering into a residential development agreement for property located in a very high fire risk area. The bill would define "very high fire risk area" for these purposes to mean a very high fire hazard severity zone designated by a local agency or a fire hazard severity zone classified by the director. 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 and counties, including charter cities and charter counties.
Existing law establishes the Full-Day Kindergarten Facilities Grant Program, under the administration of the State Allocation Board, to provide one-time grants to school districts to construct new school facilities or retrofit existing school facilities for the purpose of providing full-day kindergarten classrooms, as specified. Existing law provides that, commencing with the 2019–20 fiscal year, the grant program is contingent upon appropriation by the Legislature. This bill, for the 2021–22 fiscal year, would appropriate $300,000,000 from the General Fund to the State Allocation Board for allocation for purposes of the grant program. Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The California Constitution authorizes the commission to fix the rates and establish rules for all public utilities, subject to control by the Legislature. The California Constitution provides that the Legislature has plenary authority, unlimited by the other provisions of the constitution, to confer additional authority upon the commission that is cognate and germane to the regulation of public utilities. Existing law requires the commission, in consultation with the Independent System Operator, to establish resource adequacy requirements for all load-serving entities, defined to include electrical corporations, community choice aggregators, and electric service providers. That law requires each load-serving entity to maintain physical generating capacity and electrical demand response adequate to meet its electrical demand requirements. In establishing resource adequacy requirements, the commission is required to ensure the reliability of electrical service while advancing, to the extent possible, the state's goals for clean energy, reducing air pollution, and reducing emissions of greenhouse gases. Existing law requires that the resource adequacy program achieve specified objectives. Existing law requires the commission to adopt a process for each load-serving entity to file an integrated resource plan and a schedule for periodic updates to the plan to ensure that load-serving entities accomplish specified objectives. Existing law requires each load-serving entity to prepare and file an integrated resource plan consistent with those objectives on a time schedule directed by the commission and subject to commission review. Existing law provides that an electrical corporation is the provider of last resort, as defined, in its service territory unless provided otherwise in a service territory boundary agreement approved by the commission or unless the commission designates a load-serving entity other than the electrical corporation to serve as the provider of last resort for all or a portion of that service territory pursuant to a joint application of the electrical corporation and the load-serving entity. Existing law establishes requirements for a load-serving entity other than the electrical corporation to serve as the provider of last resort. Existing law requires the commission to supervise and regulate each provider of last resort, as necessary, as a public utility for the services it provides as a provider of last resort to ensure the provision of electrical service to customers without disruption, and provides that each provider of last resort is a public utility subject to the jurisdiction, control, and regulation of the commission, as specified. This bill would establish the California Procurement Authority as a central procurement entity to ensure that load-serving entities collectively have adequate electrical resources, both in the short run and long run, as are necessary to ensure resource adequacy and to achieve the purposes of the integrated resource planning process. The bill would require the commission, in consultation with the Independent System Operator and the Office of the Ratepayer Advocate, to develop an implementing framework for the authority through a public process by January 1, 2023, and would require the commission to ensure that the authority is operational by January 1, 2024. The bill would require the authority to procure electrical resources to meet the collective procurement needs identified by the commission pursuant to the resource adequacy and integrated resource planning statutes that are not fulfilled by self-procurement by load-serving entities whether because a load-serving entity elected to not procure their proportionate share of those resource requirements identified by the commission or because they are unable to procure sufficient resources to meet their proportionate share of those requirements. If an electrical corporation voluntarily elects to cease procuring electricity to serve the bundled service customers in its service territory, or otherwise is unable to serve its bundled service customers, the bill would require the authority to serve those customers. The bill would require the authority to serve as the provider of last resort for all customers in an electrical corporation's distribution service territory, except where the electrical corporation serves as the provider of last resort or where a load-serving entity has been approved by the commission to serve as the provider of last resort. If an electrical corporation voluntarily elects to cease providing electricity to retail customers in its service territory, for any customer not served by a community choice aggregator or an electric service provider, the bill would require that the authority serve as the provider of last resort, except where another load-serving entity is designated by the commission to serve as the provider of last resort. This bill would require the commission to ensure that the authority complies with its responsibilities as the provider of last resort. The bill would require that an electrical corporation be exclusively responsible for planning, making necessary investments in, and operating the electrical distribution grid in its distribution service territory and, if a distributed energy resource provides distribution grid operations or services on the utility side of the meter, the bill would provide that the distributed energy resource is a part of the electrical distribution grid for these purposes. This bill would, beginning one year from the establishment of the authority, require the commission, in consultation with the authority, the Independent System Operator, and the State Energy Resources Conservation and Development Commission, to annually submit to the Legislature a report on the effectiveness of the authority's procurement activities and the cost-effectiveness of those activities. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 requires the Department of Technology to improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. Existing law requires the Public Utilities Commission to develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians. Existing law provides that the goal of the program is to, no later than December 31, 2022, approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households, as provided. This bill would enact the Broadband for All Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to support the 2022 Broadband for All Program that would be administered by the department for purposes of providing financial assistance for projects to deploy broadband infrastructure and broadband internet access services. The bill would provide for the submission of the bond act to the voters at the November 8, 2022, statewide general election.
Existing law, the California Consumer Privacy Act of 2018 (CCPA) , grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to direct a business that sells personal information about the consumer to third parties not to sell the consumer's personal information. Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified. This bill would authorize a public agency, defined as a state or local public entity that issues a permit to an operator for mobility services or that otherwise regulates an operator, to require an operator to periodically submit to the public agency anonymized trip data and the operator's mobility devices operating in the geographic area under the public agency's jurisdiction and provide specified notice of that requirement to the operator. The bill would authorize a public agency to share anonymized trip data with a contractor, agent, or other public agency only if specified conditions are met, including that the purpose of the sharing is to assist the public agency in the promotion and protection of transportation planning, integration of mobility options, and road safety. The bill would prohibit a public agency from sharing trip data with a contractor or agent.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires the juvenile court, after finding that a child is within the dependency jurisdiction of the juvenile court, to hear evidence on the question of the proper disposition to be made of the child. Existing law also requires, for youth who were found to be within the jurisdiction of the juvenile court prior to attaining 18 years of age and who were continuously detained, but who attained 18 years of age prior to the juvenile court holding a dispositional hearing, the court to hold a dispositional hearing if the youth provides informed consent. Existing law requires, for certain youth subject to these provisions who choose not to remain in foster care, the court to set a hearing to terminate jurisdiction. This bill would make youth eligible for a dispositional hearing pursuant to these provisions if, instead of being continuously detained, the youth was continuously subject to a detention order. The bill would also clarify that, for youth subject to those provisions who choose not to remain in foster care, the court is required to set a hearing to terminate dependency jurisdiction and, if the court terminates dependency jurisdiction, the court is required to retain general jurisdiction. This bill would also authorize the court, until January 1, 2023, to hold a dispositional hearing for a youth if, as a result of court closures or delays due to the COVID-19 pandemic, the court was unable to hold a jurisdictional hearing for the youth prior to the youth turning 18 years of age, but the youth has continuously been subject to a detention order and placement and care of the youth has been vested with the county child welfare department. This bill would require the Judicial Council, on or before March 30, 2023, to submit a report related to above-described provisions to the chairs of the Human Services and Judiciary Committees in the Senate and the Assembly. By imposing additional duties on county employees, 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 establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in the state. Existing law requires each campus of the California Community Colleges and the California State University, and requests each campus of the University of California, to identify in the online version of the campus course schedule its courses that exclusively use digital course materials, as specified, and communicate to students that the course materials for these courses are free of charge and therefore not required to be purchased. Provisions of the Donahoe Higher Education Act apply to the University of California only to the extent that the regents act, by resolution, to make them applicable. This bill would establish the Fair Access to College Textbooks Act as part of the Donahoe Higher Education Act. The act would prohibit a campus of the California Community Colleges, the California State University, an independent institution of higher education, or a private postsecondary educational institution from assessing an automatic charge for instructional materials, as defined, to a student, or enter into an agreement with a book publisher or other entity to assess the charge, unless certain conditions are met. The bill would request each campus of the University of California to comply with these provisions. The bill would provide that these provisions only apply to a contract entered into or renewed after January 1, 2022.
Existing law regulates the disclosure of personal information related to, among others, social security numbers, business records, drivers license numbers, medical information, and credit reporting information. Existing law prohibits discrimination against a person on certain characteristics, including, among others, disability, medical condition, and genetic information, as specified. Existing law also prohibits compelling a person in any state, county, city, or other local civil, criminal, administrative, legislative, or other proceedings to identify or provide identifying characteristics that would identify any individual who is the subject of an HIV test, except as specified. Existing federal law, the Federal Food, Drug, and Cosmetic Act, authorizes the United States Secretary of Health and Human Services to authorize the introduction into interstate commerce of a drug, device, or biological product, including, among others, a vaccine, intended for use in an actual or potential emergency if the Secretary has made a declaration that the circumstances exist justifying that authorization on the basis of a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, as specified. On February 4, 2020, the Secretary determined there was such a public health emergency involving the novel coronavirus that causes the illness Coronavirus Disease 2019 (COVID-19) . On the basis of that determination, the Secretary on March 27, 2020, declared that circumstances exist justifying the authorization of emergency use of drugs and biological products during the COVID-19 pandemic. Since December 11, 2020, the federal Food and Drug Administration, under authority delegated to it by the Secretary, has issued emergency use authorizations for 3 vaccines for the prevention of COVID-19. This bill would prohibit state agencies, local governments, and any other state governmental authority from adopting or enforcing any order, ordinance, policy, regulation, rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual's vaccination status for any COVID-19 vaccine administered under an emergency use authorization. By prohibiting local governments from adopting or enforcing such measures, this bill would impose a state-mandated local program. The bill would prohibit any public or private entity that receives or is awarded state funds through any means, as specified, from requiring a member of the public to provide, as a condition of receipt of any service or entrance to any place, documentation regarding the person's vaccination status for any COVID-19 vaccine administered under an emergency use authorization. The bill would make related findings and declarations. 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.
