Existing law creates the Commission on State Mandates and establishes procedures for implementing the requirement in the California Constitution that the state reimburse local agencies and school districts for certain costs mandated by the state. Existing law makes a reimbursement claim for actual costs filed by a local agency or school district subject to the initiation of an audit by the Controller, and authorizes the Controller to make a field review of a claim after it has been submitted but before it has been reimbursed. Existing law requires the Controller to notify the claimant in writing within 30 days after issuance of a remittance advice of any adjustment to a claim for reimbursement that results from an audit or review. This bill would, instead, require the Controller to notify the claimant in writing within 30 days of any adjustment that results from an audit or review. The bill would also require the Controller to allow a local agency or school district, at the sole discretion of the local agency or school district, to offset any reduced reimbursement, as prescribed, or to remit funds to the Controller.
Existing law authorizes a court to order a ward who is 14 years of age or older to be committed to a secure youth treatment facility, operated by the county of commitment, for a period of confinement if the ward is adjudicated and found to be a ward based on the commitment of a specified serious offense committed when the juvenile was 14 years of age or older, that adjudication is the most recent offense for which the ward has been adjudicated, and the court has made a finding on the record that a less restrictive, alternative disposition for the ward is unsuitable. Existing law requires, within 30 judicial days of making an order of commitment to a secure youth treatment facility, the court to receive, review, and approve an individual rehabilitation plan that includes specific components, including, among others, a description of the programming, treatment, and education to be provided to the ward in relation to their identified needs during the commitment period. Existing law requires the court to schedule and hold a review hearing every 6 months during the term of commitment. Existing law also authorizes the court, upon a motion from the probation department or the ward, to order that the ward be transferred from a secure youth treatment facility to a less restrictive program, such as a halfway house, a camp or ranch, or a community residential or nonresidential service program, if the court determines that the ward has made substantial progress toward the goals of the individual rehabilitation plan. This bill would require the individual rehabilitation plan to also describe how the programming, treatment, and education to be provided to the ward is designed to facilitate the ward's potential transition to a less restrictive program, and would require the description to include, among other things, how the individual rehabilitation plan will be implemented to facilitate the ward's progress toward transfer to a less restrictive program when the ward has met the criteria for transfer. The bill would require the court, prior to approving the individual rehabilitation plan, to hold a hearing on the matter, and would require the prosecutor and the counsel for the ward to be provided a copy of the individual rehabilitation plan at least 2 days prior to that hearing. The bill would also require the court, at each review hearing, to assess the ward's progress toward transferring to a less restrictive program and would authorize the court to make or modify orders for the purpose of improving and prioritizing that progress. The bill would require the court to order that the ward be transferred to a less restrictive program if it makes the determination described above and finds that it is reasonably likely that transferring the ward to a less restrictive program will better facilitate fulfillment of the goals in the individual rehabilitation plan than would the ward's continued confinement in a secure youth treatment facility. By imposing new duties on county probation departments relating to the development of an individual rehabilitation plan, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board. Existing law defines terms for the purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund. This bill would make changes to the definition of "derivative victim" and "victim" and would define "victim of violent crime advocate" for purposes of these provisions. Existing law requires an application for compensation to be filed with the board in a manner determined by the board, authorizes the board to require submission of additional information, and requires the board to communicate any determination made with respect to the adequacy of the information received from the applicant, as specified. Existing law also requires the board to verify information with various entities, including hospitals and law enforcement officials, as specified. Existing law also creates a process for the board's verification of information, including by requiring the applicant to cooperate with the board, as specified. This bill would authorize the board to verify information, but not require the board to do so, and would prohibit the board from seeking or requiring additional information solely to verify that the qualifying crime occurred if the board has already received a valid form of verification, as specified. The bill would also change the verification procedure in various ways. The bill would also require the board to accept certain information as evidence to verify that a qualifying crime occurred and that the injury or death on which the claim is based is a result of the qualifying crime, as specified. Existing law authorizes the board to deny an application based on the nature of the victim's or other applicant's involvement in the events leading up to the crime, as specified, and requires the board to deny an application for compensation if it finds that the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. Existing law also prohibits a person who is convicted of a violent felony to receive compensation, as specified. This bill would delete those provisions. By expanding the pool of persons eligible to receive moneys from a continuously appropriated fund, the bill would make an appropriation. Existing law authorizes to board to take certain actions in authorizing compensation for loss of income and support pursuant to specified law, including authorization to compensate an adult derivative victim for loss of income if certain conditions are satisfied and to compensate a victim who is a minor at the time of the crime, as specified. Existing law prohibits the amount payable to derivative victims pursuant to these provisions from exceeding $100,000. This bill would change some of the conditions that must be satisfied for compensating an adult derivative victim for loss of income, and remove the authorization to compensate a victim who is a minor at the time of the crime. The bill would reduce the cap on the amount payable to derivative victims pursuant to these provisions to $70,000.
Existing law requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided. Existing law authorizes specified state agencies, including the Department of Water Resources, subject to an appropriation, to make grants and direct expenditures for interim or immediate relief in response to conditions arising from a drought scenario to address immediate impacts on human health and safety or on fish and wildlife resources or to provide water to persons or communities that lose or are threatened with the loss or contamination of water supplies. This bill would establish in the department the Urban Water Community Drought Relief program and the Small Community Drought Relief program to provide grants for similar interim or immediate drought relief. These programs, upon a specified appropriation, would authorize funding for benefits in addition to drought relief, including, among other projects, projects that reduce the risk of wildfire for entire neighborhoods and communities through water delivery system improvements for fire suppression purposes in high fire hazard severity zone communities or very high fire hazard severity zone communities, as designated by the State Fire Marshal or by a local agency.
Existing law provides for various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals, and CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing law establishes criminal penalties for welfare fraud, defined as willfully and knowingly, with the intent to deceive, by specified means, including a false statement or representation, obtaining or retaining aid through designated public social services for oneself or for a child who is not in fact entitled thereto, as specified. Existing law makes any person who knowingly uses, transfers, sells, purchases, or possesses CalFresh or federal Supplemental Nutrition Assistance Program benefits in any manner not authorized, as specified, guilty of a misdemeanor or felony depending on the face value of the benefits. This bill would delete the provision that establishes criminal penalties for an attempt to commit welfare fraud. The bill would delete criminal penalties for welfare fraud when the total amount of aid obtained or retained is above or below $950, and instead make welfare fraud when aid was obtained or retained in the total amount of $25,000 or more punishable by specified imprisonment in a county jail, by a fine, or by imprisonment and fine. The bill would require a county human services agency to determine whether benefits were authorized as a result of an error in the Statewide Automated Welfare System (CalSAWS) and prohibit the agency from referring a case for criminal action if benefits were authorized in error. The bill would prohibit a person from being subject to criminal prosecution under these provisions for an overpayment or overissuance of benefits obtained under various public social services programs, including CalWORKs and CalFresh, under certain conditions, including that the person is in repayment status or grant or benefit reduction status. The bill would prohibit a person from being subject to criminal prosecution or an administrative finding of intentional program violation under these provisions for an overpayment or overissuance of benefits obtained under various specified public social services programs for any month in which the county human services agency was in receipt of any Income and Eligibility Verification System (IEVS) data match information indicating any potential for an overpayment or an overissuance and for which the agency has not provided the person a timely and adequate notice of action for the collection of the overpayment or overissuance. The bill would prohibit a person from being subject to criminal prosecution or an administrative finding of intentional program violation for overpayment or overissuance of benefits under various specified public social services programs for any month the county human services agency was in receipt of any New Hire Registry (NHR) data match information, as specified, indicating any potential for an overpayment or overissuance and the county human services agency did not provide the person a timely and adequate reminder to report income, as specified. The bill would prohibit criminal prosecution for an overpayment or overissuance of benefits obtained under various specified public social services programs, except as specified or as required by federal law. The bill would prohibit a person from being additionally charged with perjury based solely on a statement made to a county welfare department, if they are subject to prosecution for overpayment or overissuance pursuant to these provisions. Existing law authorizes current and future grants payable to an assistance unit to be reduced due to prior overpayments. In cases in which the overpayment was caused by an agency error, existing law requires grant payments to be reduced by 5% of the maximum aid payment of the assistance unit. Prior to effectuating any reduction of current grants to recover past overpayments, existing law requires the recipient to be advised of the proposed reduction and of their entitlement to a hearing. Existing law prohibits a civil or criminal action from being commenced based on alleged unlawful application for or receipt of public social services if the case record or any consumer credit report used in the case has not been made available to that person or has been destroyed, as specified. This bill would provide that a person or household for whom their grant has or may be reduced under these provisions is only subject to administrative remedies available for responding to an overpayment. The bill would require a recipient's case file to be reviewed by a qualified caseworker to identify any errors in determining the overpayment prior to advising the recipient of the proposed reduction. If it is determined during that review that an overpayment was not made, the bill would prohibit subsequent recovery efforts. The bill would also prohibit a civil or criminal action against a recipient if their case file was reviewed by qualified caseworker and it is determined that an overissuance was not made. The bill would provide that an overpayment determined to be an administrative error shall only be collected administratively by the county. Commencing on July 1, 2022, or on the date the Department of Social Services notifies the Legislature that a specified event has occurred, whichever date is later, existing law requires a county to only establish an overpayment if the overpayment occurred within 24 months prior to the county discovering the payment. Existing law also prohibits a county from collecting any portion of a nonfraudulent payment that occurred more than 24 months prior to the date the county discovered an overpayment. This bill would also prohibit a county from taking any other action related to a nonfraudulent overpayment that occurred more than 24 months prior to discovery of the overpayment. Existing law requires current and future CalFresh benefits to be reduced, as specified, to recover a benefit overissuance caused by inadvertent household error or administrative error. Existing law, beginning on July 1, 2022, or on the date the department notifies the Legislature that a specified event has occurred, whichever date is later, limits the period in which a county may establish a claim to recover an overissuance of CalFresh benefits due to inadvertent household error or administrative error to the 24 months preceding the month the county welfare department determined the overissuance occurred. The bill would require a recipient's case file to be reviewed by a qualified caseworker to identify any errors in determining the overpayment prior to establishing a claim to recover an overissuance. If it is determined during that review that an overissuance was not made, the bill would prohibit any subsequent recovery effort. The bill would require a claim established under these provisions to only be pursued through the applicable administrative process provided by federal law or pursuant to specified procedures prescribed by state law. By expanding county duties relating to the administration of benefits, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Digital Financial Assets Law, prohibits a person, on or after July 1, 2026, from engaging in digital financial asset business activity, or holding itself out as being able to engage in digital financial asset business activity, with, or on behalf of, a resident, unless certain conditions are met. These conditions include that the person is licensed with the Department of Financial Protection and Innovation, as prescribed, or the person submits an application on or before July 1, 2026, and is awaiting approval or denial of that application. Existing law defines "digital financial asset" for these purposes to mean a digital representation of value that is used as a medium of exchange, unit of account, or store of value, and that is not legal tender, whether or not denominated in legal tender, except as specified. Existing law requires an applicant for a license under these provisions to submit the application with a nonrefundable fee in an amount determined by the department to cover the reasonable costs of application review. This bill would prohibit that fee from exceeding $5,000.
Existing law regulates ticket sellers, defined as a person who, for compensation, commission, or otherwise, sells admission tickets to sporting, musical, theater, or any other entertainment event. In this regard, existing law, among other things, prohibits specified ticket selling practices and imposes certain recordkeeping and disclosure requirements. This bill would require a ticket seller, upon selling a ticket to an entertainment event, as defined, to immediately deliver a proof of purchase to a consumer, and would require a venue operator to honor that proof of purchase in lieu of the ticket if specified conditions are met. The bill would impose a civil penalty of up to $2,500 for a violation of these requirements, as specified.
Existing law establishes the California Environmental Protection Agency in state government and requires the agency to oversee the development of a registry for greenhouse gas emissions that result from the water-energy nexus using the best available data. Existing law provides that participation in the registry is voluntary and open to any entity conducting business in the state. Existing law authorizes the agency to enter into a contract with a qualified nonprofit organization to do specified things, including to recruit broad participation in the registry from all economic sectors and regions of the state. Existing law limits the term of the term of the contract to 3 years, except as provided. This bill would instead require the agency to oversee the administration of the above-described registry and would authorize the agency to enter into a new contract, limited to a term of 3 years and with a total budget of $2,000,000, to do specified things, including to recruit broad participation in the registry from all economic sectors and regions of the state to meet the different needs of water users throughout the state by various means, as provided. The bill would remove obsolete language related to the development of the registry, as provided.
Existing law establishes the California Career Technical Education Incentive Grant Program, administered by the State Department of Education, with the purpose of encouraging, maintaining, and strengthening the delivery of high-quality career technical education programs. Existing law requires, for the 2021–22 fiscal year and each fiscal year thereafter, $300,000,000 to be available to the department, upon appropriation by the Legislature, for the program. Existing law requires a grant applicant to demonstrate a proportional dollar-for-dollar match and sets that amount at $2 for every $1 received from the program. Existing law prohibits an applicant from being awarded an amount higher than the amount that the allocation formula determines them to be eligible to receive under the program. Existing law authorizes a grant recipient under the program to consist of one or more, or any combination, of school districts, county offices of education, charter schools, or regional occupational centers or programs operated by joint powers authorities or county offices of education, as provided. Existing law provides that an applicant receiving a grant from the program in a prior fiscal year is eligible to apply to receive a renewal grant if the applicant's career technical education program continues to meet specified requirements, as provided. This bill would delete the prohibition against an applicant being awarded more than the amount determined by the allocation formula and would provide, for the 2025–26 fiscal year, and each fiscal year thereafter, that the amount to be made available to the department, upon appropriation by the Legislature, for the program to be the amount appropriated in the prior fiscal year as adjusted by a specified percentage, as provided. The bill would instead provide that an applicant receiving a grant from the program in a prior fiscal year is required to receive a renewal grant for 3 additional years, as provided. The bill would require, beginning with the 2025–26 fiscal year, up to 90% of the grants awarded pursuant to the program to be designated for renewal grants and up to 10% to be designated for grants for new applicants, unless otherwise determined by the Superintendent of Public Instruction, as provided. The bill would require the Superintendent to cease distribution of funding and recover previously distributed funding if certain conditions occur, including, among others, that the grant recipient did not implement the program substantively as was initially proposed, as provided.
Existing law requires the Public Utilities Commission (PUC) to evaluate each customer renewable energy subscription program to determine if the program meets certain goals and determine whether it would be beneficial to ratepayers to establish a new tariff or program or modify an existing tariff or program to establish a community renewable energy program consistent with certain requirements, including a requirement that the program provides bill credits to subscribers based on the avoided costs of the program's facilities, as provided. Pursuant to this requirement, the PUC has adopted a community renewable energy program. This bill would revise and recast the requirements for the customer renewable energy subscription program to, among other things, specify that the avoided costs include certain avoided cost values. The bill would impose additional requirements that the program is required to meet, including requiring facilities participating in the program to have no more than 5 megawatts of generation capacity and no more than 5 megawatts of storage, and capping the total program capacity at 5 gigawatts or ending program subscription after 7 years, when either limit is first reached. The bill would require the PUC, on or before September 1, 2026, to adopt or modify the community renewable energy program to ensure consistency with certain requirements, as provided. The bill would require each community choice aggregator and electric service provider, within 180 days of the adoption or modification of the program, to notify the PUC regarding whether it will participate in the program. The bill would authorize a community choice aggregator or electric service provider to begin participating in, or end its participation in, the program at any time by notifying the PUC. The bill would require the PUC, beginning 2 years from the adoption or modification of the program, to evaluate the program to ensure consistency with the program's requirements and would require the PUC to authorize the termination or modification of the program if the PUC determines that the program does not meet those requirements. The bill would require the State Energy Resources Conservation and Development Commission (Energy Commission) to evaluate community solar and storage projects as a load-modifying resource so that those projects may be counted as a load-modifying resource. The bill would require the Energy Commission to undertake the evaluation and issue a determination on or before September 1, 2026, as provided. Under existing law, a violation of the Public Utilities Act or an order, decision, rule, direction, demand, or requirement of the PUC is a crime. Because the above provisions would be part of the act and a violation of a PUC action implementing this bill's requirements would be a crime, 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, commencing January 1, 2019, made various changes to the law governing ignition interlock devices (IID) , including, among other things, requiring a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage, as specified, to install for a specified period of time as ordered by the court, an IID on the vehicle they operate, provided however that installation of an IID is discretionary for a first offender, as specified; authorizing a person convicted of driving a motor vehicle under the influence, if all other requirements are satisfied, including the installation of an IID, to apply for a restricted driver's license without completing a period of license suspension or revocation; and requiring ignition interlock device manufacturers to be in compliance with specified provisions relating to payment for the costs of an ignition interlock device. Existing law makes these changes operative until January 1, 2026. On January 1, 2026, existing law, as it relates to these provisions, is generally reinstated to read as it read prior to January 1, 2019. Existing law makes it a crime to violate certain provisions relating to IIDs and motor vehicles equipped with IIDs. This bill would extend the operation of these provisions until January 1, 2033, and would instead reinstate the law to how it read prior to January 1, 2019, on January 1, 2033. By extending the application of a crime, the bill would impose a state-mandated local program. Existing law requires the Department of Motor Vehicles to report specified data to the Transportation Agency regarding the implementation and efficacy of the statewide ignition interlock device program described above and requires the agency to report the outcomes of the program to the Legislature no later than January 1, 2025. This bill would similarly require the department to provide updated data regarding the continued implementation and efficacy of the program to the agency and require the agency to report updated program outcomes to the Legislature by no later than July 1, 2031. The bill would repeal these provisions on July 1, 2035. 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, 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 requires a health care service plan contract issued, amended, or renewed on or after January 1, 2021, to provide coverage for medically necessary treatment of mental health and substance use disorders, as defined, under the same terms and conditions applied to other medical conditions. This bill would require the plan, as defined, to fully reimburse an enrollee who incurs out-of-pocket costs for behavioral health care services obtained from nonplan providers or facilities or mental health prescription medication obtained from a nonplan pharmacy or nonplan provider on or after May 1, 2022, until the department certifies to the Legislature that the plan has successfully completed implementation of the corrective action work plan resulting from its 2023 settlement agreement with the department. The bill would require an enrollee to submit specified documents for reimbursement and would require the plan to pay the reimbursement within 60 calendar days of an enrollee's submission of documented expenses. If the plan fails to provide this reimbursement, the bill would require it to pay the original amount plus 10% per annum interest to the enrollee, as well as a $5,000 fine per incident. The bill would require the plan to establish specified procedures, and would require the plan to submit a monthly report to the department with specified information. Because a willful violation of the bill's provisions would be a crime, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the specified plan. 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.
