Existing law provides for the licensing and regulation of health care service plans by the Department of Managed Health Care and imposes certain requirements on health care service plans. Existing law imposes various fines and administrative penalties for certain violations of these provisions, which are deposited in the Managed Care Administrative Fines and Penalties Fund. Existing law requires the first $1,000,000 in the fund to be transferred each year to the Medically Underserved Account for Physicians in the Health Professions Education Fund for purposes of the Steven M. Thompson Physician Corps Loan Repayment Program. Existing law requires all remaining funds to be transferred each year to the Major Risk Medical Insurance Fund for purposes of the Major Risk Medical Insurance Program. This bill, beginning on the date that the Major Risk Medical Insurance Program becomes inoperative, would instead require all remaining funds over the first $1,000,000 to be transferred each year to the Office of Statewide Health Planning and Development for the purposes of the Song-Brown Health Care Workforce Training Act. The bill would require the Director of Finance to notify the Joint Legislative Budget Committee in that regard.
Existing law provides that a city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit. Other existing law establishes specific procedures for sale of public utility property owned by a municipal corporation, with special provisions that are applicable to the sale of property of a water utility. This bill would, until January 1, 2014, authorize the City of El Monte in the County of Los Angeles, which owns and operates a public utility for furnishing water service, to sell or transfer all or any part of the utility, as prescribed, if certain requirements are met. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of El Monte. This bill would declare that it is to take effect immediately as an urgency statute.
The Political Reform Act of 1974 prohibits, for a period of one year after the official leaves his or her position, elected and other specified local officials who held positions with a local government agency, as defined, from acting as agents or attorneys for, or otherwise representing, for compensation, any other person, by appearing before, or communicating with, that local government agency, or any committee, subcommittee, or present member of that local government agency, or any officer or employee of the local government agency, if the appearance or communication is made for the purpose of influencing administrative or legislative action, as specified, or influencing any action or proceeding involving the issuance, amendment, awarding, or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. This bill, in addition, would apply this prohibition to other public officials serving as members of local governing boards or commissions with decisionmaking authority. Existing law makes a knowing or willful violation of the Political Reform Act of 1974 a misdemeanor and subjects offenders to criminal penalties. This bill would impose a state-mandated local program by creating an additional 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. 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 and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
The Governor's Office of Business and Economic Development serves as the Governor's lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. The office, among others, makes recommendations to the Governor and the Legislature regarding policies, programs, and actions to advance statewide economic goals. Commencing January 1, 2014, this bill would require the office to implement and administer the California Demonstration of Emerging Market Opportunities Act, which would allow state agencies to enter into demonstration agreements, as defined, with specified businesses and nonprofit organizations, as defined, to test, evaluate, or demonstrate innovative solutions pursuant to demonstration projects and pilot projects, as defined. The bill would prohibit the office from approving more than 10 demonstration agreements per year. The bill would authorize an agency to assess a fine of up to $10,000 against a business or nonprofit organization that falsifies or fails to disclose information in connection with a project, as specified. These provisions would be repealed as of January 1, 2019.
Existing law requires every peace officer, as defined, to satisfactorily complete an introductory course of training prescribed by the Commission on Peace Officer Standards and Training, demonstrated by passage of an appropriate examination developed or approved by the commission, prior to exercising the powers of a peace officer. Existing law authorizes the commission to evaluate and approve pertinent training previously completed by any jurisdiction's law enforcement officers as meeting current training requirements. This bill would authorize the commission to evaluate pertinent military police officer training previously completed by any jurisdiction's law enforcement officers for the purpose of determining whether the training meets the current training requirements prescribed by the commission. The bill would authorize the commission to develop a protocol that considers previous military police officer training as an applicable substitute for portions of the current standard training.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including a credit in an amount equal to $3,000 for each full-time employee hired during the taxable year by a qualified employer, as defined. Existing law limits the total amount of credit that may be allocated under those provisions to $400,000,000. This bill would reduce the total amount of credit that may be allocated under those provisions to $375,000,000. This bill would allow a credit against the taxes imposed by the Personal Income Tax Law and the Corporation Tax Law in an amount equal to $3,000 for each disabled veteran, as defined, hired as a qualified full-time employee during the taxable year by a qualified employer, as defined. This bill would limit the total amount of credit that may be allocated under those provisions to $25,000,000. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
(1) Existing law requires the Division of Oil, Gas, and Geothermal Resources to regulate the construction and operation of wells. Under existing federal law, the division has been delegated with the responsibility of regulating class II wells under the federal Underground Injection Control program. This bill would, upon the adoption by the State Air Resources Board of a final methodology for carbon capture and storage projects seeking to demonstrate geologic sequestration of greenhouse gases, specifically require the division to regulate carbon dioxide enhanced oil recovery projects that seek to demonstrate carbon sequestration under various laws providing for the reduction of greenhouse gas emissions. (2) The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to establish regulations to achieve specified greenhouse gas emissions reduction goals. The act authorizes the state board to include market-based compliance mechanisms in achieving those reduction goals. This bill would require the state board, by January 1, 2016, to adopt a final methodology for carbon capture and storage projects seeking to demonstrate sequestration under various laws providing for the reduction of greenhouse gas emissions. (3) The Elder California Pipeline Safety Act of 1981 vests the State Fire Marshal with the exclusive safety regulatory and enforcement authority over intrastate hazardous liquid pipelines and, to the extent authorized by an agreement between the State Fire Marshal and the United States Department of Transportation, interstate hazardous liquid pipelines. This bill would additionally vest exclusive safety regulatory and enforcement authority over pipelines transporting a fluid consisting of more than 90% carbon dioxide compressed to a supercritical state. (4) Existing law defines land as a material of earth and includes free or occupied space for an indefinite upward or downward distance for the purpose of prescribing ownership of land. This bill would specify that free space includes pore space that can be possessed and used for the storage of greenhouse gas.
(1) Existing law establishes the Salton Sea Restoration Council as a state agency in the Natural Resources Agency to oversee the restoration of the Salton Sea. This bill would eliminate the council, and, instead, require the Salton Sea Authority, as defined, to lead Salton Sea restoration efforts, including the development of a restoration plan in coordination with the Natural Resources Agency, and supervision of the activities of a technical advisory group formed pursuant to the bill. By imposing duties on a local joint powers authority, the bill would impose 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 these statutory provisions.
Existing law requires the owners of lots or portions of lots fronting on any portion of a public street or place to maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition that will not interfere with the public convenience in the use of those works or areas, except as to those conditions created or maintained by persons other than the owner. Existing law requires the superintendent of streets, as defined, to provide specified notice to the owner or person in possession of the property fronting on that portion of the sidewalk so out of repair or pending reconstruction, to repair the sidewalk. Under existing law, if the repair is not commenced within 2 weeks after the notice has been provided, the superintendent of streets shall make the repair and the cost of the repair shall be imposed as a lien on the property. This bill would provide that if a city, county, or city and county has an ordinance in place that requires that local entity to repair sidewalks, a repeal of that ordinance shall become effective only if the repealing ordinance is approved by the majority of voters voting on that measure in a consolidated or general election. The bill would prohibit a city, county, or city and county that has an ordinance in place that requires that local entity to repair sidewalks, from imposing a fee, charge, or assessment, except a voluntary contractual assessment, for sidewalk repairs against an owner of private property fronting on any portion of a sidewalk, unless a repeal of that local entity's sidewalk repair ordinance is approved by the voters, as specified. The bill would make these provisions applicable to charter cities and counties. By imposing new duties on cities, counties, and cities and counties, 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 these statutory provisions.
The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, an initiative measure approved by the voters at the November 7, 2006, statewide general election makes about $5,400,000,000 in bond funds available for safe drinking water, water quality and supply, flood control, natural resource protection, and park improvements. Existing law establishes the Strategic Growth Council and appropriated $500,000 from the funding provided by the initiative to the Natural Resources Agency to support the council and its activities. The council is required to manage and award grants and loans to a council of governments, metropolitan planning organization, regional transportation planning agency, city, county, or joint powers authority for the purpose of developing, adopting, and implementing a regional plan or other planning instrument to support the planning and development of sustainable communities. This bill would make a local agency formation commission eligible for the award of financial assistance for those planning purposes.
Existing law requires the State Board of Education to adopt at least 5 basic instructional materials in specified subject areas, including social science, for use in kindergarten and grades 1 to 8, inclusive. A provision of existing law requires instructional materials adopted for social science to include, among other things, information designed to instruct pupils on the civil rights movement. This bill would require the state board to develop a social science curriculum pursuant to that provision, as specified.
The California Marine Resources Legacy Act establishes a program, administered by the Department of Fish and Game, to allow partial removal of offshore oil structures. The act authorizes the department to conditionally approve the partial removal of offshore oil structures, if specified criteria are satisfied, including a finding that the alternative of partial removal provides a net environmental benefit and substantial cost savings compared to the alternative of full removal of these structures. The act requires the first person to file an application on and after January 1, 2011, to partially remove an offshore oil structure to pay, in addition to other specified costs, the startup costs incurred by the department or the State Lands Commission to implement the act, including the costs to develop and adopt regulations. The act requires the payment of startup costs to be reimbursed by the department, as specified. The act requires the Ocean Protection Council, for purposes of determining whether partial removal provides a net environmental benefit, to establish specified criteria, to consult with the department, the California Coastal Commission, the State Lands Commission, the California Ocean Science Trust, and other responsible agencies as to those criteria, and requires certification that partial removal complies with the California Environmental Quality Act, among other things. The act requires the State Lands Commission to determine the cost savings of partial removal, and requires the applicant, upon conditional approval for conversion, to apportion a percentage of the cost-savings funds in accordance with a prescribed schedule to specified entities and funds. The act defines "cost savings" to mean the difference between the estimated cost to the applicant of complete removal of an oil platform, as required by state and federal leases, and the estimated costs to the applicant of partial removal of the oil platform pursuant to the act, and specifically provides for the inclusion of certain costs in cost savings. This bill would specifically include certain additional costs in "cost savings" calculations for purposes of these provisions, as specified. The bill would specify additional costs in "cost savings" calculations to be used for applications submitted on or before January 1, 2017, and would no longer require the payment of startup costs to be reimbursed by the department for those applications, as specified. The bill would require the council, in determining whether partial removal of the structure would provide a net benefit to the marine environment compared to full removal of the structure, to take certain adverse impacts to air quality into account and to consult with the State Air Resources Board, among other entities.