Existing law requires the State Board of Education, on or before January 31, 2024, to appoint an independent panel of experts for the purpose of creating an approved list of evidence-based, culturally, linguistically, and developmentally appropriate screening instruments for pupils in kindergarten and grades 1 and 2 to assess pupils for risk of reading difficulties, including possible neurological disorders such as dyslexia, as specified. Existing law requires the governing board or body of a school district, county office of education, or charter school serving pupils in kindergarten or grades 1 or 2 to adopt, on or before June 30, 2025, one or more screening instruments from the approved list to assess pupils for risk of reading difficulties, as specified, and commencing no later than the 2025–26 school year, requires those local educational agencies to assess each pupil in kindergarten and grades 1 and 2 for risk of reading difficulties using the screening instrument or instruments adopted by the governing board or body of the local educational agency, as specified. This bill would, on or before July 31, 2027, require the state board to approve and the State Department of Education to post on its internet website criteria and guidance for selecting evidence-based, culturally, linguistically, and developmentally appropriate mathematics diagnostic assessments for pupils in kindergarten and grades 1 and 2 to assess pupils' mathematics knowledge and learning needs and identify pupils in need of additional support. The bill would require the department, on or before January 31, 2028, to (1) publish on its internet website a list of approved diagnostic assessments that meet the criteria, and (2) post on its internet website additional guidance to assist local educational agencies in selecting diagnostic assessments from the approved list, as provided. The bill would require the list to include diagnostic assessments that are developed for both English learners and non-English learners, as provided. The bill would require the state board and the department to solicit stakeholder input when developing the criteria, guidance, and list of diagnostic assessments pursuant to these provisions and to allow for public comment. The bill would authorize the department to periodically update the list of approved assessments. The bill would require the governing board or body of a school district, county office of education, or charter school serving pupils in kindergarten or grades 1 or 2 to adopt, on or before June 30, 2028, one or more diagnostic assessments from the published list of approved diagnostic assessments to assess pupils' mathematics knowledge and learning needs. The bill would authorize a local educational agency to satisfy this requirement by using a diagnostic assessment that is not on the published list if the governing board or body self-certifies that the assessment tool meets the above-described criteria. The bill, commencing no later than the 2028–29 school year, would require those local educational agencies to assess each pupil in kindergarten and grades 1 and 2 for mathematics knowledge using the diagnostic assessment or assessments adopted by the governing board or body of the local educational agency. The bill would require a local educational agency to provide parents or guardians of pupils eligible for assessment with information about the assessment and to make pupil results available to parents or guardians, as required by the state board, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department, by April 30, 2028, to curate and maintain on its internet website guidance and resources on evidence-based support, intervention, and instructional strategies aligned with the Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve. 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 prohibits a public agency, which includes the state, a city, a county, a city and county, or any agency or political subdivision of the state, a city, a county, or a city and county, including, but not limited to, a law enforcement agency, from selling, sharing, or transferring automated license plate recognition (ALPR) information, except to another public agency, and only as otherwise permitted by law. Existing law defines ALPR information as information or data collected through the use of an ALPR system. This bill would provide that "public agency" does not include a transportation agency, a public transit operator, department of transportation, public works department, or campus transportation agency, as specified, a public agency or contracted parking operator when engaging in specified activities in a parking facility, a state agency operating specified parking facilities, or the State Air Resources Board. The bill would require a public agency that accesses or provides access to ALPR information to maintain a record of that access, as provided. The bill would, beginning January 1, 2027, require new, updated, renewed, extended, expansions of, or addendums of contractual agreements with ALPR vendors, manufacturers, or suppliers to mandate that no default access is provided to any national ALPR database and that an agency's collected scans are by default not accessible to any other agency, except as specified, and would impose new requirements on sharing between California state law enforcement agencies. This bill would authorize a law enforcement agency to use ALPR information only for purposes of locating vehicles or persons when either are reasonably suspected of being involved in the commission of a public offense or locating an individual who has been reported as missing to a law enforcement agency. The bill, as of January 1, 2028, would require a public agency to archive all ALPR information that has been held for more than 60 days within 14 days, unless that ALPR information is retained in the evidence file of an active investigation or criminal proceeding or matches information on an authorized hot list, as defined, and retain ALPR information that becomes part of an investigation or criminal proceeding in the evidence file as long as the evidence file is required to be held by state law or court order. The bill would prohibit a public agency from querying any archived information except pursuant to a warrant, as specified. By imposing new requirements on public agencies, which include local agencies, this bill would impose a state-mandated local program. Existing law defines an ALPR operator as a person that operates an ALPR system, which does not include a transportation agency. Existing law defines an ALPR end-user as a person that accesses or uses an ALPR system, which does not include, among other things, a transportation agency. This bill would additionally exclude from the definitions of "ALPR operator" and "ALPR end-user" a public transit operator, department of transportation, public works department, campus transportation agency, or an airport or airport operator, as provided. The bill would also exclude from the definition of "ALPR operator" the Department of General Services and its operators when engaging in specified activities in a parking facility and would exclude from the definition of "ALPR end-user" a state agency operating specified parking facilities and the State Air Resources Board. Existing law requires an ALPR operator and ALPR end-user to maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. This bill would require those security procedures and practices to include safeguards for managing which employees can see the data from their systems, as specified, and requiring data security training and data privacy training for all employees that access ALPR information. Existing law requires an ALPR operator and ALPR end-user to implement a usage and privacy policy that includes, among other things, a description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. This bill would require the usage and privacy policy to identify what purpose employees and independent contractors access and use ALPR information for. The bill would also require the Department of Justice to, beginning October 1, 2029, and contingent upon an appropriation of sufficient funds, conduct annual random audits on a public agency that is an ALPR operator or ALPR end-user to determine whether they have implemented and are adhering to that usage and privacy policy. Existing law requires an ALPR operator that accesses or provides access to ALPR information to require that ALPR information only be used for the authorized purposes described in the usage and privacy policy and to maintain a record of that access that includes, among other things, the purpose for accessing the information. This bill would instead require that record of access maintained by the ALPR operator to include a brief, accurate, specific, and plain language statement describing the purpose for accessing ALPR information. 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, including charter cities. 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 prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law requires the court to, for a person found mentally incompetent and not charged with certain felony offenses, among other things, determine whether restoring the person to mental competence is in the interests of justice. Existing law requires the court to, if restoring the person to mental competence is not in the interests of justice, conduct a hearing, as specified, and determine the person's eligibility for diversion. Under existing law, if the court determines that the person is ineligible or unsuitable for diversion, the court is authorized to hold a hearing to determine the person's other options, including referral to assisted outpatient treatment, county conservatorship, and the CARE program. Existing law requires a person's charges to be dismissed if the person is accepted into assisted outpatient treatment or the CARE program or upon a filing of either a temporary or permanent conservatorship petition. This bill would authorize a county behavioral health agency to report to the court regarding relevant confidential medical information for the purpose of determining eligibility for behavioral health services pursuant to the above provisions. The bill would exempt from the requirement to dismiss charges instances where the person's case has been referred back to the court within certain time periods. Existing law, when a defendant is returned to court after specified proceedings to restore competency and it appears the defendant is gravely disabled, requires the court to initiate specified conservatorship proceedings. Existing law defines gravely disabled for these purposes as meaning a condition in which a person, as a result of specified disorders, is unable to provide for their basic personal needs for food, clothing, shelter, personal safety, or necessary medical care, or a condition in which the person has been found mentally incompetent and specified facts exist, including that the person is unable to understand the nature and purpose of the proceedings taken against them and to assist counsel in the conduct of their defense in a rational manner. This bill would clarify that gravely disabled includes meeting either or both of these definitions of gravely disabled. Existing law, in the case of a misdemeanor charge in which the defendant is found incompetent, requires the court to hold a hearing to determine whether the defendant is eligible for both diversion and the CARE program. Under existing law, if the defendant is not eligible or suitable for diversion, the court is required to hold another hearing to decide if the defendant should be referred for, among other things, county conservatorship. Existing law only allows a referral for county conservatorship if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined. This bill would also allow a referral for county conservatorship if, in the opinion of the court, the defendant appears to be gravely disabled.
Existing law makes it a crime for a law enforcement officer to wear a facial covering in the performance of their duties, except as specified. Existing law defines law enforcement officer for these purposes as anyone designated by California law as a peace officer who is employed by a city, county, or other local agency, and any officer or agent of a federal law enforcement agency, agency or law enforcement agency of another state, or any person acting on behalf of a federal law enforcement agency. This bill would add peace officers employed by a state agency to the definition of law enforcement officers, thereby making those law enforcement officers subject to those criminal penalties. The bill would specify that facial coverings does not include certain items, including, among other things, sunglasses. The bill would, for all of the items excluded from the definition of facial coverings, limit that exclusion if the items are combined or otherwise used in a manner intended to conceal or obscure an officer's identity. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law prohibits any person who is found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution, while wearing a facial covering in a knowing and willful violation of these provisions, from asserting any privilege or immunity for their tortious conduct against a claim of civil liability, and makes that person liable for the greater of actual damages or statutory damages of not less than $10,000, whichever is greater. This bill would instead make a person who is found liable for false imprisonment or false arrest liable for those damages if the trier of fact finds that the person knowingly and willfully concealed their identity through the use of a facial covering at the time of the conduct giving rise to liability. Existing law requires a law enforcement agency operating in California to, by July 1, 2026, maintain and publicly post a written policy limiting the use of facial coverings, as specified. Existing law defines a law enforcement agency for these purposes as any entity of a city, county, or other local agency, that employs anyone designated by California law as a peace officer, any federal law enforcement agency, or any law enforcement agency of another state. This bill would add to the definition of law enforcement agency, a state entity that employs a peace officer and would change the date any law enforcement agency has to comply with that requirement to January 1, 2027. The bill would also require those policies to exempt certain surveillance operations related to enforcement of the Fish and Game Code, or similar federal law. 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 a vlogger to compensate a minor under 18 years of age if the minor is engaged in the work of vlogging, as specified. Existing law generally provides for the protection of minors on the internet, including by imposing certain requirements on an operator of an internet website, online service, online application, or mobile application if it is directed to minors or the operator has actual knowledge that a minor is using it. Among those provisions, existing law requires the operator to permit a minor who is a registered user to remove content or information that the user posted on the operator's internet website, online service, online application, or mobile application, as specified. This bill would require a social media platform to provide a clear and conspicuous mechanism by which a child influencer, as defined, can request a vlogger, either directly or through a specified notice process, to delete or edit certain paid content that features the child influencer as a minor, as prescribed. The bill would require the vlogger to delete or edit the content so that the child influencer is no longer featured within 10 business days of receiving the request. The bill would define "vlogger" to mean a person who is a parent, legal guardian, or family member of a child influencer who shared images or video content featuring that child influencer constituting at least 30% of the person's content shared on social media platforms and who received compensation for sharing that content featuring the child influencer. The bill would authorize a child influencer to bring a specified civil action against a vlogger who violates the bill.
Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, until January 1, 2027, establishes the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board within the Department of Consumer Affairs for the licensure and regulation of speech-language pathologists, speech-language pathology aides, speech-language pathology assistants, audiologists, dispensing audiologists, and hearing aid dispensers. Existing law, until January 1, 2027, authorizes the board to appoint a person designated as the executive officer to perform duties delegated by the board and vested in them in the act. Existing law makes a violation of the act a misdemeanor. This bill would extend the operation of the board and authorization to appoint an executive officer until January 1, 2031. Existing law specifies that a person holds themselves out to the public as a speech-language pathologist or audiologist by using specified titles. This bill would specify a person also holds themselves out to the public as a speech-language pathologist or audiologist by using a business name with those titles. Existing law requires a supervising speech-language pathologist or supervising audiologist to submit to the board a description of the proposed professional responsibilities of an applicant who is issued a temporary license as a speech-language pathologist or audiologist, as applicable, working under their supervision. This bill would delete that requirement. Existing law requires a speech-language pathologist or audiologist supervising speech-language pathology or audiology aides to register with the board the name of each aide working under their supervision. This bill would prohibit a speech-language pathology or audiology aide from advertising or representing that they hold a license as a speech-language pathologist, speech-language pathology assistant, or audiologist. The bill would prohibit a speech-language pathology or audiology aide, a professional experience license holder, or a speech-language pathology assistant from being the sole proprietor of, or managing or independently operating, a business that engages in the practice of speech-language pathology or audiology. Existing law grants to the board the full authority to investigate and evaluate each applicant applying for a license to practice speech-language pathology or audiology, to determine the admission of the applicant to the examination, or to issue a license. Existing law requires the board to perform all examination functions, to determine the subject matter and scope of the examinations, and to keep recordings of any oral examination for at least 2 years. This bill would delete those provisions and would instead require an applicant to pass an examination approved by the board, which may be conducted by the board or by an organization specified by the board. Existing law requires the board to issue, suspend, and revoke licenses and approvals to practice speech-language pathology and audiology. This bill would also require the board to issue, suspend, and revoke registrations, and would make various provisions in the act applicable to registrants, including requiring registrants to pay a fee not to exceed $25 for issuance of a registration status. Existing law establishes requirements for licensure as a speech-language pathologist or audiologist, including possession of at least a master's degree in speech-language pathology or audiology from an educational institution approved by the board or qualifications deemed equivalent by the board. This bill would expand the list of degrees that would satisfy that requirement to include at least a master's degree in communication disorders, communication sciences and disorders, communicative disorders, or speech, language, or hearing sciences. Existing law, until January 1, 2027, deems a person who holds one of specified clinical competence certificates issued by certain entities to have met certain educational and experience requirements for licensure as a speech-language pathologist or audiologist, as specified. This bill would extend the operation of that provision until January 1, 2031. Existing law establishes continuing education requirements for licensees and requires continuing professional development services to be obtained from accredited institutions of higher learning or organizations approved as continuing education providers, as specified. This bill would revise the list of authorized continuing education providers to include organizations approved as continuing education providers by the California Academy of Audiology, the California Speech-Language-Hearing Association, or the American Medical Association, and continuing professional development services obtained by a federal, state, or local governmental entity. This bill would require the board, upon payment of a $75 fee, to issue a retired license to a licensed speech-language pathologist, speech-language pathology assistant, audiologist, hearing aid dispenser, or dispensing audiologist who holds a license that is current and active or a license that is inactive, and the license is not suspended, revoked, surrendered, or subject to disciplinary action, as specified, subject to satisfaction of specified requirements. Existing law authorizes the board to suspend, revoke, or impose terms and conditions upon the license of any licensee for specified acts, including violating or attempting to violate any provisions of the act. This bill would make those provisions applicable to registrants. Existing law authorizes a person whose license has been revoked or suspended, or who has been placed on probation, to petition the board for reinstatement or modification of penalty, as specified. This bill would make those provisions applicable to a person whose license has been surrendered, as specified. Existing law requires the board to adopt regulations, in collaboration with the State Department of Education, the Commission on Teacher Credentialing, and the Advisory Commission on Special Education, that set forth standards and requirements for the adequate supervision of speech-language pathology assistants, including minimum continuing professional development requirements. This bill would prohibit coursework from a master's degree that would qualify an applicant for licensure as a speech-language pathologist from being used, as specified, to satisfy those continuing professional development requirements. Existing law establishes educational requirements for applicants for approval as a speech-language pathology assistant, and specifies that a person who has successfully graduated from a board-approved bachelor's degree program in speech-language pathology or communication disorders is deemed to have satisfied those requirements. This bill would expand the list of degrees that would satisfy those requirements to include a bachelor's degree in communication disorders, speech-language and hearing sciences, communication sciences and disorders, or communicative disorders. Existing law prohibits provisions regulating hearing aid dispensers from being construed to limit the use of a speech aide or other personnel employed by a public school working under the supervision of a speech-language pathologist. This bill would specify that construction applies so long as the speech aide or other personnel is not performing the responsibilities, duties, and functions of a speech-language pathology assistant. This bill would prohibit a person who is not registered as a speech-language pathology assistant from using the title "SLP assistant" or the letters "SLPA," and would prohibit a speech-language pathology assistant from advertising or otherwise representing that they hold a license as a speech-language pathologist. Existing law authorizes hearing aids to be sold by catalog or direct mail, subject to satisfaction of specified requirements. The bill would authorize hearing aids to be sold online. Existing law makes it unlawful for an individual to engage in the practice of fitting or selling hearing aids without a license, except as specified. This bill would specify that some of those provisions apply to hearing aid dispensers instead of licensees, and would change some of those provisions so they apply to an address or addresses instead of a place of business. Relative to the regulation of hearing aid dispensers, existing law requires a licensee to apply for and procure a duplicate license if the licensee maintains more than one place of business, as specified. Existing law authorizes a hearing aid dispenser to engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensee's business without obtaining a duplicate license if certain requirements are satisfied. This bill would instead require a hearing aid dispenser engaged in the practice of fitting or selling hearing aids at more than one place of business to apply for and procure a branch office license, as specified. The bill would define "temporary basis" for purposes of the provisions described above. Existing law imposes certain restrictions and requirements on licensed hearing aid dispensers related to the scope of their duties, including prohibiting a licensed hearing aid dispenser from selling a hearing aid to a person 16 years of age or younger, except as specified, and exempts from those restrictions and requirements a licensed dispensing audiologist, as specified. This bill would expand the list of restrictions and requirements applicable to licensed hearing aid dispensers that licensed dispensing audiologists are exempt from to include, among other things, provisions prohibiting a licensed hearing aid dispenser from making or seeking referrals for testing, fitting, or dispensing of hearing aids in connection with the conduction of hearing screenings, as specified. Existing law establishes a fee of $100 for an initial temporary license, and a fee of $100 for renewal of a temporary license for hearing aid dispensers. This bill would instead establish that fee for an initial temporary or trainee licensee, and a fee of $100 for renewal of a trainee license. The bill would revise and recast certain provisions related to temporary licenses. The bill would also change some provisions related to hearing aid dispensers so they apply to an address or addresses instead of a place of business. Existing law provides for the licensure and regulation of dispensing audiologists by the board. This bill would revise and recast certain of those provisions and would require a dispensing audiologist to submit documentation to the board that they have satisfied specified continuing education requirements. The bill would provide that a dispensing audiologist license expires on its assigned renewal date, unless licensee applies to the board for renewal, as specified, and would establish requirements for the renewal of an expired license. The bill would specify that a suspended dispensing audiologist license is subject to expiration and shall be renewed, as provided, but renewal does not entitle the holder of the license to engaging in the fitting or selling of hearing aids until it is reinstated. The bill would specify that a license that has been revoked is subject to expiration and shall not be renewed, and would establish requirements for reinstatement. Existing law prohibits a licensed audiologist from selling hearing aids to a person 16 years of age or younger, except if specified conditions are satisfied. This bill would delete that provision. Existing law defines certain terms for the purposes of the Act, including, among others, "hearing aid dispenser" to mean a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing. The bill would make other definitional, technical, and conforming changes, including defining "hearing aid dispenser" as a person who is issued a permanent license pursuant to these provisions, revising the definitions of "license" and "licensee." By imposing additional requirements and prohibitions on persons subject to the act, a violation of which is a crime, the bill would expand the scope of a crime thereby imposing 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 Consumer Credit Reporting Agencies Act imposes obligations on consumer credit reporting agencies, users of consumer credit reports, and furnishers of credit information, and establishes remedies for a consumer who suffers damages resulting from a violation of those provisions. Existing law makes specified provisions of the act applicable to an escrow rating service, as defined, requires an escrow agent rating service to establish policies and procedures to safeguard personally identifiable information obtained from an escrow agent, and provides that an escrow agent is a consumer for purposes of those provisions. Existing law repeals those provisions of the act applicable to escrow agent rating services and escrow agents on January 1, 2027. This bill would extend the operation of those provisions indefinitely.
Existing law imposes various requirements regarding the formation, content, and enforcement of public works contracts. Existing law generally requires that retention proceeds withheld from payment by a public entity be released within 60 days after the date of completion of the work of improvement, except as specified in case of a dispute. Existing law limits the allowable amount of retention proceeds withheld in a contract between a public entity and the original contractor, a contract between the original contractor and a subcontractor, and a contract between subcontractors, as specified. Existing law defines "public entity" differently for these various purposes. This bill would prohibit any retention payments from exceeding 5% of the payment for contracts under design-bid-build, and amendments thereto, entered into on or after January 1, 2027, directly between a public entity and an individual or legal entity permitted by law to practice the profession of architecture or engineering, except for specific projects where, among other things, a finding has been made that the project is substantially complex and requires a higher retention amount. The bill would require any retention withheld to be released no later than 60 days after completion of services under contract. The bill would define terms for its purposes, including "public entity."
(1) Existing law, the Davis-Stirling Common Interest Development Act (act) , provides for the creation and regulation of common interest developments. Existing law defines "management services" for purposes of a common interest development to mean specified acts performed or offered to be performed in an advisory capacity for an association, including implementing provisions of governing documents for the operation of the common interest development. This bill would revise the above definition to specify that it means acts performed or offered to be performed by an agent, including a managing agent and its employees, in an advisory capacity for an association, as prescribed. Existing law imposes certain fiduciary duties on managers and agents of common interest developments. This bill would provide that a managing agent, including its employees, that facilitates specified activities, including reviewing association operating accounts, owes a duty of care that is prudent and provides the highest good faith effort to the association and its members. (2) Existing law requires a common interest development to be managed by an association and requires the association to distribute to its members an annual budget that includes, among other things, a summary of the association's property, general liability, earthquake, flood, and fidelity insurance policies, a review of the financial statement of the association, and an annual policy statement, as provided. Existing law requires the owner of a separate interest in a common interest development to provide specified documents to a prospective purchaser as soon as practicable before the transfer of title or execution of a real property sales contract, including a copy of the most recent distributed annual budget, review of the financial statement, and annual policy statement and a report issued pursuant to the most recent inspection conducted. This bill would require the association, upon request, to provide the owner of a separate interest, or their agent, with those documents as soon as practicable. The bill would require the owner to provide additional information, including, among other things, if separately requested by the purchaser, the location on the first page of the report where certain facts about the exterior elevated elements and the number of units impacted may be found. The bill would make various other related and conforming changes to those provisions. This bill would incorporate additional changes to Section 5200 of the Civil Code proposed by AB 739 to be operative only if this bill and AB 739 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 5550 of the Civil Code proposed by AB 2050 to be operative only if this bill and AB 2050 are enacted and this bill is enacted last.
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law requires the state board to develop and implement a Heavy-Duty Vehicle Inspection and Maintenance Program for nongasoline heavy-duty onroad motor vehicles with a gross vehicle weight rating of more than 14,000 pounds. Existing law requires that the program include, among other things, test procedures for different motor vehicle model years and emissions control technologies that measure the effectiveness of the control of emissions of oxides of nitrogen and particulate matter. Existing law requires, as part of the program, the state board to develop a Heavy-Duty Vehicle Inspection and Maintenance Compliance Certificate. Existing law requires the state board to issue the certificate to the legal owner, registered owner, or designee of a vehicle that, at the discretion of the state board, meets the requirements of the program so that vehicle owners and operators may easily demonstrate proof of compliance for specified purposes. This bill would limit specified testing of all nongasoline heavy-duty onroad motor vehicles with a gross vehicle weight rating of more than 14,000 pounds that are considered low use, as defined, that have an engine that is from the 2012 model year or older, and that are registered in this state, to not more frequently than annually. The bill would require the state board to adopt rules and regulations to implement this provision.
Existing law provides that in a civil action brought by a plaintiff to challenge a housing development project that meets or exceeds the requirements for low- or moderate-income housing, a defendant may seek an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant if the bringing of the action would result in preventing or delaying the project, as specified. Existing law limits the liability of the plaintiff who must furnish the undertaking to $500,000. Existing law also permits a defendant in a civil action challenging the approval or permitting of a priority housing development project, as defined, to bring a special motion to strike the pleading. Existing law requires the court to deny the motion to strike if the court determines, based on the pleadings, affidavits, and administrative record if applicable, that the plaintiff has established a probability of prevailing on the claim. This bill would increase the above-referenced liability limit to $1,000,000. The bill would also generally apply the above provisions to priority care developments, as defined, that provide supportive housing or other housing assistance in connection with behavioral health services and other specified purposes. This bill would incorporate additional changes to Section 529.2 of the Code of Civil Procedure proposed by SB 916 to be operative only if this bill and SB 916 are enacted and this bill is enacted last.
Existing law authorizes the legislative body of a local agency, as defined, to, by ordinance, make any violation of an ordinance subject to an administrative fine or penalty. Existing law requires a local agency to set forth, by ordinance, the administrative procedures that govern the imposition, enforcement, collection, and administrative review of those administrative fines or penalties. Existing law requires the administrative procedures to provide for a reasonable period of time, as specified in the ordinance, for a person responsible for a continuing violation to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties, when the violation pertains to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety. This bill would require, for any violation pertaining to building, plumbing, electrical, or other similar structural or zoning issues, that do not create an immediate danger to health or safety, of any ordinance enacted by the local agency, the reasonable period of time to correct or otherwise remedy the violation to be no less than 6 months if certain conditions are met, including that the property involved is an owner-occupied residential property containing 4 units or less and the current owner of the property submits a sworn affidavit that the current owner was not responsible for any action that caused the violation and that the current owner had no knowledge of the violation at the time the owner took title to the property. These provisions would not apply to an administrative fine or penalty imposed for a violation of various laws, regulations, and ordinances, as specified. By requiring a sworn affidavit, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. The bill would require a local agency to extend the reasonable period of time described above by an additional 6 months upon a showing by the current owner of a good faith effort to correct or otherwise remedy the violation, and would authorize the agency to extend the reasonable period of time beyond that extension in its discretion, as specified. 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, including charter cities. 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.
