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. The act establishes stewardship programs for various products, including, among others, carpet, mattresses, and pharmaceutical and sharps waste. This bill would enact a stewardship program known as the Responsible Textile Recovery Act of 2024, which would require a producer of apparel, as defined, or textile articles, as defined, to form and join a producer responsibility organization or PRO. The bill would require the PRO to be approved by the department pursuant to the requirements of the bill, as provided. The bill would require the department to adopt regulations to implement the program no earlier than July 1, 2028. The bill would require the PRO to submit to the department, for approval or disapproval, a complete plan for the collection, transportation, repair, sorting, and recycling, and the safe and proper management, of apparel and textile articles in the state. Upon approval of a plan, or commencing July 1, 2030, whichever is earlier, the bill would make a producer subject to specified civil penalties, unless the producer is a participant of a PRO and all apparel and textiles are accounted for in the plan. The bill would require the PRO to review the plan at least every 5 years after approval. The bill would also require a PRO to submit an annual report to the department, as provided. The bill would require all reports and records provided to the department to be provided under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would restrict public access to certain information collected for the purpose of administering the program. This bill would require the department to post on its internet website a list of producers that are in compliance with the requirements of the program. The bill would require PROs to pay fees to the department, not to exceed the department's actual and reasonable regulatory costs to implement and enforce the act. The bill would establish the Textile Stewardship Recovery Fund in the State Treasury for the deposit of all moneys received from PROs and would make the moneys in the fund available to the department, upon appropriation by the Legislature, for purposes of the program. The bill would also authorize the department to impose administrative civil penalties for a violation of the program's requirements, not to exceed $10,000 per day, or not to exceed $50,000 per day for an intentional or knowing violation, as specified. The bill would create the Textile Stewardship Recovery Penalty Account in the fund for the deposit of penalties, which would be available for expenditure upon appropriation by the Legislature, as specified. The bill would also require an online marketplace, as defined, to notify the department and the PRO of all third-party sellers with sales of apparel or textile articles over $1,000,000 sold on their online marketplace in the preceding year and provide all required information, as specified, and to provide those sellers with information regarding the related laws governing the PRO plan, 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. 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, and the University of California, under the administration of the Regents of the University of California as the 3 segments of public postsecondary education in the state. Existing law establishes the College of the Law, San Francisco, under the governance of the Board of Directors of the College of the Law, San Francisco, within the University of California. This bill would require public postsecondary educational institutions, as defined, as a condition of receiving state financial assistance, to adopt a written policy containing certain provisions, including, among other provisions, a provision prohibiting a supervisor or administrator from providing an official letter of recommendation if the employee is the respondent in a sexual harassment complaint and the employee (1) is determined in a final administrative decision, as defined, to have committed sexual harassment, (2) resigns from their current position before a final administrative decision is made, or (3) enters into a settlement with the public postsecondary educational institution, as specified. The bill would require public postsecondary educational institutions, as a condition of receiving state financial assistance, to adopt a written policy on settlements and informal resolutions of complaints of sexual harassment in cases where the respondent is an employee of the public postsecondary educational institution and would require the written policy to include, among other things, a provision that requires specified approvals for sexual harassment settlement pffers and informal resolutions. By imposing new duties on community college districts, 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.
The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education and their respective institutions of higher education. A provision of the act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the provision applicable. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, provides, among other things, that all students have the right to participate fully in the educational process, free from discrimination and harassment, and that California's postsecondary educational institutions have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity. For purposes of the Equity in Higher Education Act, existing law defines "nationality" to include citizenship, country of origin, and national origin and defines "religion" to include all aspects of religious belief, observance, and practice, as provided. This bill would instead provide that California's postsecondary educational institutions have an affirmative obligation to combat discrimination on the basis of disability, gender, gender identity, gender expression, nationality or national identity, race or ethnicity, religion, sexual orientation, and other specified characteristics, and a responsibility to provide equal educational opportunity. For purposes of the Equity in Higher Education Act, the bill would instead define "nationality" or "national identity" to include a person's actual or perceived shared ancestry or ethnic characteristics, citizenship, or residency in a country with a dominant religion or distinct religious identity, as provided. For purposes of the Equity in Higher Education Act, the bill would define "discrimination on the basis of religion" to include, but not be limited to, anti-Semitism and Islamophobia. The bill would also state that it is the intent of the Legislature that each postsecondary educational institution undertake supportive measures to help students who have encountered discriminatory incidents, regardless of the location of the discriminatory incident, if the student feels the incident impairs their access to equal educational opportunities. This bill would require the California Community Colleges, the California State University, and independent institutions of higher education and private postsecondary educational institutions that receive state financial assistance, and would request the University of California, to include training to address discrimination against the 5 most targeted groups in the state, as provided, as part of any general antidiscrimination training or diversity, equity, and inclusion training that is offered by the institution, except as specified. By imposing new requirements on community college districts, 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.
(1) Existing law requires the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records pertaining to that dismissed petition in the custody of the juvenile court and in the custody of law enforcement agencies, the probation department, or the Department of Justice in accordance with a specified procedure. Existing law also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the person's records, including records of arrest, relating to the person's case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials. This bill would require a county probation officer, once a person who was the subject of a petition has reached 18 years of age and the juvenile court's jurisdiction has been terminated, to petition the court to seal certain records, as specified. The bill would require the court to order all records sealed if the court finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile court's jurisdiction was terminated, as specified. If the probation officer does not file a petition, the bill would require the probation officer to notify the person and their counsel of the reason for not filing the petition. The bill would prescribe methods for a record that has been ordered sealed by the court to accessed, inspected, or utilized, including by request of the subject of the record. Unless the court determines there is good cause to retain the juvenile court record, the bill would require the court to order the destruction of a person's juvenile court records that are sealed, as specified. By imposing additional duties on county probation departments, this bill would impose a state-mandated local program. (2) Existing law requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify persons who are eligible for arrest record relief and automatic conviction record relief, as specified. This bill would require the department, on a monthly basis, to review state summary criminal history information and identify arrests that are, among other conditions, of a person who was younger than 18 years of age and which did not result in a charge being sustained and do not have related pending juvenile delinquency matters, as specified. The bill would require the department to provide a list of those arrests to all agencies associated with the record of arrest, and would require each arresting agency to review that list and seal its records of the arrest, if the agency's records do not indicate that the arrest is not eligible to be sealed. The bill would require the agency to report to the Department of Justice the records that shall be sealed, and would require the department to then seal its records of those arrests. By imposing additional duties on local agencies, this bill would impose a state-mandated local program. The bill would require the department to, commencing July 1, 2028, annually publish statistics on these arrests, as specified. The bill would only make these requirements operative upon an appropriation for these purposes in the annual Budget Act, and only after July 1, 2027. (3) Existing law requires a probation department to seal the arrest and other records in its custody relating to a juvenile's arrest and referral and participation in a diversion or supervision program under certain circumstances, as specified. Existing law requires the probation department to notify the arresting law enforcement agency to seal the arrest records, and requires the arresting law enforcement agency to seal the records in its custody relating to the arrest, as specified. This bill would require the probation department to additionally notify the Department of Justice, and require the department to seal the records in its custody relating to the arrest, as specified. (4) Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified. This bill would additionally authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the court as a result of a petition filed by the probation department pursuant to the above provisions. 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. (5) This bill would incorporate additional changes to Section 786.5 of the Welfare and Institutions Code proposed by SB 1161 to be operative only if this bill and SB 1161 are enacted and this bill is enacted last.
Existing law authorizes the governing board of a school district or its designee to regulate the possession or use of any electronic signaling device that operates through the transmission or receipt of radio waves, including, but not limited to, paging and signaling equipment, by pupils of the school district while the pupils are on campus, attending school-sponsored activities, or under the supervision or control of school district employees. Existing law explicitly authorizes the governing body of a school district, a county office of education, or a charter school to adopt a policy to limit or prohibit the use by its pupils of smartphones while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school. This bill would additionally explicitly authorize the governing board of a school district, a county board of education, or the governing body of a charter school to limit or prohibit the use by its pupils of social media, as defined, while the pupils are at a schoolsite or while the pupils are under the supervision and control of an employee or employees of that school district, county office of education, or charter school, as provided.
Existing law, the California Occupational Safety and Health Act of 1973, provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over every employment and place of employment in this state which is necessary to enforce and administer all occupational health and safety laws and to protect employees. Existing law defines various terms for purposes of the act, including "employment," and for purposes of that term, the definition excludes household domestic service. Under specified circumstances, a violation of the act is a crime. Beginning July 1, 2025, this bill would delete the above-referenced exclusion and would, instead, expand the definition of "employment" to additionally include household domestic service performed on a permanent or temporary basis, except for specified household domestic service, including, among others, those where an individual who, in their own residence, privately employs persons to perform ordinary domestic household tasks, including housecleaning, cooking, and caregiving. By expanding the application of criminal penalties under the act to household domestic service employers, 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 no reimbursement is required by this act for a specified reason.
The California Consumer Privacy Act of 2018 (CCPA) grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to direct a business that collects sensitive personal information about the consumer to limit its use of the consumer's sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to perform certain other services, and as authorized by certain regulations. The CCPA defines "sensitive personal information" to mean, among other things, the processing of biometric information, as defined, for the purpose of uniquely identifying a consumer. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA. This bill would define "sensitive personal information," for purposes of the CCPA, to additionally include a consumer's neural data, and would define "neural data" to mean information that is generated by measuring the activity of a consumer's central or peripheral nervous system, and that is not inferred from nonneural information. The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified. This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020. This bill would incorporate additional changes to Section 1798.140 of the Civil Code proposed by AB 1008 to be operative only if this bill and AB 1008 are enacted and this bill is enacted last.
Existing law establishes requirements that apply when a public entity is required by statute or regulation to obtain an enforceable commitment that a bidder, contractor, or other entity will use a skilled and trained workforce to complete a contract or project. Existing law requires the enforceable commitment to provide that the contractor, bidder, or other entity will provide to the public entity or other awarding body a report on a monthly basis demonstrating its compliance with these requirements. Existing law defines "skilled and trained workforce" for purposes of these provisions to mean that at least 60% of the skilled journeypersons employed to perform work on the contract or project by every contractor and each of its subcontractors at every tier are graduates of an apprenticeship program for the applicable occupation, except for specified occupations. This bill would require the monthly compliance report to include the full name of, and identify the apprenticeship program name, location, and graduation date of, all workers relied upon to satisfy the apprenticeship graduation percentage requirement. Existing law authorizes the Chief of the Division of Apprenticeship Standards of the Department of Industrial Relations to approve apprenticeship programs in any trade in the state or in a city or trade area, whenever the apprentice training needs justify the establishment. This bill would require the division, on or before July 1, 2025, to create and maintain a public online database to verify that a worker graduated from a California apprenticeship program. The bill would require the database to be searchable by using the first name, last name, and the graduation date of the worker.
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of disability insurers by the Department of Insurance. Existing law generally authorizes a health care service plan or disability insurer to use prior authorization and other utilization review or utilization management functions, under which a licensed physician or a licensed health care professional who is competent to evaluate specific clinical issues may approve, modify, delay, or deny requests for health care services based on medical necessity. Existing law requires a health care service plan or disability insurer, including those plans or insurers that delegate utilization review or utilization management functions to medical groups, independent practice associations, or to other contracting providers, to comply with specified requirements and limitations on their utilization review or utilization management functions. Existing law authorizes the Director of the Department of Managed Health Care or the Insurance Commissioner to assess an administrative penalty to a health care service plan or disability insurer, as applicable, for failure to comply with those requirements. This bill would require a health care service plan or disability insurer, including a specialized health care service plan or specialized health insurer, that uses an artificial intelligence, algorithm, or other software tool for the purpose of utilization review or utilization management functions, or that contracts with or otherwise works through an entity that uses that type of tool, to ensure compliance with specified requirements, including that the artificial intelligence, algorithm, or other software tool bases its determination on specified information and is fairly and equitably applied, as specified. Because a willful violation of these provisions by a health care service plan would be a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law classifies certain criminal offenses as a "violent felony" for the purposes of various provisions of the Penal Code, including sentencing enhancements for prior convictions, as well as numerous other provisions. Existing law includes among the list of violent felonies rape accomplished against a person's will by means of force, violence, duress, menace, or fear, or rape accomplished against the victim's will by threat of violent retaliation, but does not include rape of a person unable to give consent due to disability, intoxication, or unconsciousness, rape under false pretenses, or rape accomplished by threat of incarceration, arrest, or deportation. This bill would also include the rape of an intoxicated person wherein the defendant drugged the victim, as specified, in the list of violent felonies. By expanding the scope of an enhancement, 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 no reimbursement is required by this act for a specified reason.
The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution prohibits the Legislature from authorizing casinos of the type operating in Nevada and New Jersey and authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts between the State of California and specified Indian tribes. Existing law, the Gambling Control Act, provides for the regulation, oversight, and licensure of gambling establishments by the California Gambling Control Commission. Existing law prohibits a list of specified gambling games or any banking or percentage game played with cards, dice, or any device, for money, checks, credit, or any representative of value, and provides that any person who offers for play or participates in these games is guilty of a misdemeanor and is punishable as specified. Existing law authorizes gambling establishments to operate controlled games utilizing a player-dealer position, as defined, and to contract with a third party for the provision of proposition player services subject to specified conditions and regulatory requirements. Existing law generally specifies the persons or entities that may bring a civil action as prescribed for relief. Existing law authorizes a court to grant a preliminary injunction or temporary restraining order at any time prior to judgment, if the verified complaint or affidavits provide sufficient grounds to do so and the opposing party has been given notice. This bill would authorize a California Indian tribe, under certain conditions, to bring an action solely against licensed California card clubs and third-party proposition player services providers to seek a declaration as to whether a controlled game operated by a licensed California card club and banked by a third-party proposition player services provider constitutes a banking card game that violates state law, including tribal gaming rights under the constitutional provisions described above, and to request injunctive relief. The bill would require that any review of such a challenge be conducted de novo. The bill would prohibit a claim for money damages, penalties, or attorney's fees and would require that actions be filed no later than April 1, 2025, as specified. The bill would clarify that it does not intend to authorize an action, or otherwise impose any liability, against the state and would prohibit a court from issuing a preliminary injunction or temporary restraining order under certain circumstances. This bill would provide that its provisions are severable.
Existing law requires the Superintendent of Public Instruction to annually update the information on advanced placement available on the State Department of Education's internet website to include current information on the various means available to school districts to offer or access advanced placement courses, including online courses, and to annually communicate with high schools that offer advanced placement courses in fewer than 5 subjects, and inform them of the various options for making advanced placement courses and other rigorous courses available to pupils who may benefit from them. This bill would require the department, on or before February 1, 2025, to request the College Board to provide an alternative testing date at the end of the fall semester for all pupils in California whose advanced placement courses conclude in the fall semester, while maintaining the option for those pupils to take the advanced placement examination for those courses during the spring semester, at the discretion of the pupil.
