California Bills

Existing law, the Housing and Emergency Shelter Trust Fund Act of 2006, authorizes the issuance of bonds in the amount of $2,850,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds are used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, housing-related parks, and transit-oriented development administered by the Department of Housing and Community Development. This bill would appropriate $20,000,000 to the department from funds transferred to a specified fund from the Housing and Emergency Shelter Trust Fund for purposes of funding previously designated catalyst projects, as defined, not to exceed $5,000,000 per project, that meet certain criteria, thereby making an appropriation. This bill would declare that it is to take effect immediately as an urgency statute.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency's action on the grounds of noncompliance with CEQA. This bill would require, until January 1, 2016, the lead agency, at the request of a project applicant for specified projects, to, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, EIRs or other environmental documents for specified projects. Because the bill would require a lead agency to prepare the record of proceedings as provided, this bill would impose a state-mandated local program. The bill would require, for a lead agency that is a state agency, the consent of the state agency for the concurrent preparation of the record of proceedings. (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 no reimbursement is required by this act for a specified reason. (3) This bill would not become operative unless AB 1570 of the 2011–12 Regular Session of the Legislature is enacted on or before January 1, 2013.

(1) Existing law creates the California renewables portfolio standard program (RPS program) and the Renewable Energy Resources Program to increase the amount of electricity generated per year from eligible renewable energy resources, as defined. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the State Energy Resources Conservation and Development Commission (Energy Commission) , by June 30, 2011, is required to study and provide a report to the Legislature that analyzes run-of-river hydroelectric generating facilities, as defined, in British Columbia, including whether these facilities are, or should be, included as renewable electrical generation facilities for purposes of the Renewable Energy Resources Program administered by the Energy Commission or eligible renewable energy resources for purposes of the RPS program. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Energy Commission, among other things, is required to adopt regulations specifying procedures for enforcement of the RPS requirements by July 1, 2011. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Public Utilities Commission (PUC) , by July 1, 2011, is required to determine the effective load carrying capacity of wind and solar energy resources on the electrical grid. This bill would extend the compliance date for these corresponding reporting and regulatory requirements, as provided. (2) Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session,the PUC, in consultation with the Energy Commission, is required to report to the Legislature by January 1 of every even-numbered year on (A) the progress and status of procurement activities by each retail seller, (B) the status of permitting and siting eligible renewable energy resources and transmission facilities necessary to supply electricity generated to load, (C) the projected ability of electrical corporations to meet the RPS program procurement requirements under a cost limitation established by the PUC and any recommendations for revisions to those cost limitations, and (D) barriers to, and policy recommendations for, achieving the renewables portfolio standard established pursuant to the RPS program. This bill would delete the requirement that the PUC report on the projected ability of electrical corporations to meet the RPS program procurement requirements under a cost limitation established by the PUC and any recommendations for revisions to those cost limitations, and would require that the first report be made on January 1, 2014. (3) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,the PUC is required to establish the quantity of electricity products from eligible renewable energy resources, as defined, to be procured by each retail seller, as defined, for specified compliance periods, sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 20% of retail sales for the period January 1, 2011, to December 31, 2013, 25% of retail sales by December 31, 2016, and 33% of retail sales by December 31, 2020, and in all subsequent years. The PUC is required to establish the quantity of electricity products to be procured by the retail seller for each compliance period by January 1, 2012. The RPS program, consistent with the goals of procuring the least-cost and best-fit eligible renewable energy resources that meet project viability principles, requires that all retail sellers procure a balanced portfolio of electricity products from eligible renewable energy resources, as specified. The RPS program requires the PUC to direct each electrical corporation to annually prepare a renewable energy procurement plan containing specified matter and an annual compliance report. This bill would require the PUC to establish the quantity of electricity products to be procured by the retail seller for each compliance period by June 1, 2012, and require that the compliance report be submitted at least annually. (4) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,an eligible renewable energy resource is defined for the purposes of the RPS program to include a small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts that is operated as part of a water supply or conveyance system, if the retail seller or local publicly owned electric utility procured the electricity from the facility as of December 31, 2005. This bill would instead make a small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts an eligible renewable energy resource if a retail seller or local publicly owned electric utility operates the facility to supply or convey water to its customers and procured the electricity from the facility as of December 31, 2005. (5) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,the governing board of a local publicly owned electric utility, as defined, is required to adopt a program for the enforcement of the RPS program on or before January 1, 2012. This bill would extend this deadline until January 1, 2013. (6) The California Global Warming Solutions Act of 2006 (the act) , establishes the State Air Resources Board (state board) as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions levels in 1990. The state board is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. This bill would prohibit the state board from adopting any requirement for the procurement of eligible renewable energy resources by a retail seller or local publicly owned electric utility. (7) This bill would incorporate additional changes in Section 399.30 of the Public Utilities Code, proposed by AB 1391, to be operative only if AB 1391 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

The Corporation Tax Law imposes taxes measured by income and, in the case of a business with business income derived from or attributable to sources both within and without this state, apportions the business income between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to apportion its business income in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. That law also provides that sales of tangible personal property and sales of other than tangible personal property are in this state in accordance with specified criteria. This bill, for taxable years beginning on or after January 1, 2012, would require a taxpayer, except as provided, to apportion its business income in accordance with a single sale factor and would allow a taxpayer to annually elect to apportion business income in accordance with the 4-factor formula, as provided. This bill also would revise the rules that determine whether a taxpayer is doing business in this state and would revise the provisions that determine whether sales other than tangible personal property occur in this state, including specific provisions for cable systems or networks. This bill would require any aggregate increase in revenues derived from its provisions less a specified amount, as provided, to be deposited into the Middle Class Scholarship Fund, which the bill would establish, and, upon appropriation by the Legislature, allocate those revenues for the purpose of increasing the affordability of higher education. This bill would become operative only if a specified measure is chaptered and establishes a middle-class scholarship program. This bill would declare that it is to take effect immediately as an urgency statute.

(1) Existing law provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees, among other fees, be paid by students at these institutions. This bill would establish the Middle Class Scholarship Program under the administration of the Student Aid Commission. The bill would provide that, commencing with the 2012–13 fiscal year, undergraduate students enrolled at the University of California or the California State University would receive a scholarship grant award credit that, combined with other publicly funded student financial aid, as defined, received by an eligible student, would be 60% of the amount charged that student for mandatory systemwide fees in that fiscal year if the student meets the following conditions: annual household income does not exceed $150,000; is a resident of this state or exempt from paying nonresident tuition; files specified financial aid forms; makes timely application or applications for publicly funded student financial aid, as defined, for which he or she is eligible; and meets prescribed eligibility requirements of the Cal Grant Program, except as specified, and attains at least a 2.0 high school or community college grade point average. The bill would provide that a student whose annual household income exceeds $150,000, and who otherwise meets the requirements, would receive a scholarship grant award credit that is reduced in accordance with prescribed calculations. The bill would require, in order for students enrolled in their respective segments to remain eligible to receive financial aid under the bill, the University of California and the California State University to maintain their respective institutional need-based grant programs at a level that, at a minimum, is equivalent to the level maintained during the 2011–12 fiscal year. The bill would continuously appropriate from the General Fund $150,000,000 to the Chancellor of the California Community Colleges for allocation to community college districts based on calculations of full-time equivalent credit, to be expended, after consultation with student representatives as specified, for the provision of scholarship grants to students to reduce the impact of enrollment fees or to help cover the cost of textbooks and other educational expenses. The bill would require the Student Aid Commission to report the amount of the scholarship grant award credit for each student to the Franchise Tax Board, and to report the aggregate amount of scholarship grant award credits to the Department of Finance. The bill would authorize the Student Aid Commission to determine if sufficient funding is available for purposes of the bill in the 2012–13 fiscal year and subsequent fiscal years, and would further authorize the commission to reduce scholarships proportionately if it determines that sufficient funding is not available. (2) Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. This bill, for fiscal years beginning with the 2012–13 fiscal year, would authorize an amount equal to a qualified student's scholarship grant award credit under the Middle Class Scholarship Program, as determined by the Student Aid Commission pursuant to the bill, to be refunded from the Tax Relief and Refund Account, thereby making an appropriation. (3) This bill would become operative only if AB 1500 of the 2011–12 Regular Session is chaptered. (4) This bill would declare that it is to take effect immediately as an urgency statute.

The Personal Income Tax Law authorizes taxpayers to contribute amounts in excess of their tax liability for the support of a specified fund, including the Arts Council Fund. Existing law provides that these provisions for contributions to the Arts Council Fund remain in effect only until January 1 of the 5th taxable year following the first appearance of the Arts Council Fund on the tax return, except that annually, commencing in the second calendar year of the fund appearing on the tax return, if the Franchise Tax Board determines that the amount of contributions estimated to be received during a calendar year will not equal or exceed the minimum contribution amount, as defined, for the calendar year, these provisions are repealed with respect to taxable years beginning on or after January 1 of that calendar year. Existing law requires the Franchise Tax Board to annually determine the amount of the minimum contribution and whether the amount of contributions equals or exceeds the minimum contribution amount by September 1 of the 2nd calendar year. This bill would delay the commencement date of the requirement that the Franchise Tax Board determine the amount of the minimum contribution and whether the amount of contributions equals or exceeds the minimum contribution amount to September 1 of the 3rd calendar year and would make related changes. This bill would state that it is the intent of the Legislature that any determination by the Franchise Tax Board with respect to the contributions estimated to be received for the 2012 calendar year under these provisions, made prior to the amendments made by this act, shall not be given effect. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law establishes the Emergency Clean Water Grant Fund (Grant Fund) , which is continuously appropriated for the purpose of providing financial assistance to public water systems and funding emergency actions, as defined by the department, to ensure the availability of safe drinking water supplies. Existing law requires the department to determine the definition of what constitutes an emergency requiring an alternative or improved water supply. Existing law authorizes the State Department of Public Health to expend funds from the Grant Fund for these purposes, including, but not limited to, the payment of specified actions. This bill would eliminate the requirement that the department develop a definition of what constitutes an emergency and would instead provide a definition of a public health emergency as an unexpected event that requires immediate action, as specified. This bill would authorize the department to expend the moneys from the Grant Fund if the department determines that a public health emergency has occurred and would list the provision of interim water treatment as one of the listed specified actions for which the department may provide payment. By revising and expanding the application of funds in the Grant Fund, the bill would make an appropriation. This bill would limit the provision of an alternative water supply to $50,000 per public water system per public health emergency. Existing law creates the Safe Drinking Water State Revolving Fund (Revolving Fund) and authorizes the department to provide grants or revolving fund loans for public water system projects that enable suppliers to meet safe drinking water standards. Existing law requires the department to report at least once every 2 years to specified committees of the Legislature on the implementation of these provisions and expenditures from the Revolving Fund. Existing law requires the report to include, among other things, the number and types of projects funded and the reduction in risks to public health from contaminants in drinking water provided through the funding of the projects. This bill would require the department to also post on its Internet Web site funding commitments made by the department for certain water system projects and other specified projects. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid Program provisions. Existing federal law provides for increased administrative funding for translation and interpretation services provided in connection with the enrollment, retention, and use of services under the Medicaid Program. This bill would require the department to establish the Medi-Cal Patient-Centered Communication program (CommuniCal) , to be administered by a 3rd-party administrator, to, commencing July 1, 2013, provide and reimburse for medical interpretation services to Medi-Cal beneficiaries who are limited English proficient (LEP) . This bill would establish the CommuniCal Program Fund in the State Treasury, which would consist of moneys dedicated to the CommuniCal program, to be used upon appropriation by the Legislature to the department solely to fund the CommuniCal program. Existing law provides for the certification of administrative hearing interpreters and medical examination interpreters for purposes of administrative adjudications. This bill would require the State Personnel Board to be the certifying body for CommuniCal certified medical interpreters (CCMIs) , to establish a certifying examination for those interpreters, and to maintain a registry of those persons who pass the exam, as specified. Commencing July 1, 2013, the bill would require Spanish-language interpreters to pass the exam and be listed on the registry in order to be eligible to provide services under CommuniCal. The bill would require the State Personnel Board, by July 1, 2013, to determine appropriate testing, training, and experience standards for other language interpreters to also be placed on the registry as CCMIs, as specified. The bill would also require the State Personnel Board to establish and charge fees that do not exceed reasonable costs for applicants to take the exam and be certified and listed in the registry and would require the State Personnel Board to adopt quality standards and medical interpretation certification requirements through regulations. The Ralph C. Dills Act provides for employer-employee relations between the state and its employees, as specified, including, among other things, the right of state employees to form, join, and participate in the activities of employee organizations for the purpose of representation on all matters of employer-employee relations, as specified. This bill would provide that CCMIs would have the right to form, join, and participate in the activities of a labor organization of their own choosing for the purpose of representation of specified employer-employee matters. The bill would provide that CCMIs would not be considered state employees for purposes of the bill, but would have the right to be represented by an exclusive labor organization of their own choosing for the purpose of collective bargaining with the state on matters of mutual concern, as specified. The bill would provide that upon application by petition, authorization cards, or union membership cards of a labor organization adequately showing that a majority of CCMIs in the state desire to be represented exclusively by that labor organization, and no other labor organization is currently certified as the exclusive representative, the Public Employment Relations Board shall certify and grant exclusive representation to that labor organization, and would establish other election procedures to be administered by that board. The bill would require that any agreement resulting from collective bargaining be legally binding upon the state and committed to writing, and would further require that, upon the completion of discussions and collective bargaining, any agreement be reduced to writing and be presented to the appropriate administrative, legislative, or other governing body in the form of a binding agreement, resolution, bill, law, or other form required for adoption. The bill would provide that, after the certification of a labor organization, the state shall approve and have deducted, upon authorization in the case of dues deduction, from the appropriate reimbursement or other payment to the employee the monthly amount of dues or service fees as certified by an executive officer of the labor organization, and shall transmit the amount to the treasurer of the labor organization.

The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) , which provides a defined benefit to its employees based on age at retirement, service credit, and final or highest compensation paid to the employee. Existing law authorizes any public agency to participate in, and make its employees members of, PERS by contract. In the case of an employee who has been employed by one or more contracting public agencies, retirement benefits distributed to that employee are based on the highest final compensation under any system, and each system makes a separate retirement payment to the employee based upon the number of years that the employee worked for each of those agencies. This bill would state the intent of the Legislature that a contracting agency not experience a significant increase in actuarial liability due to increased compensation paid by another contracting agency to a nonrepresented employee. The bill would require the Board of Administration of PERS to develop guidelines in this regard and to implement program changes to ensure that a contracting agency that creates a significant increase in actuarial liability due to increased compensation bears the associated liability. The bill would require the system actuary to assess an increase in liability in this regard to the employer that created it at the time the increase is determined and to make adjustments to that employer's rates as needed. The bill would apply these requirements to any significant increase in actuarial liability due to increased compensation paid to a nonrepresented employee regardless of when the increase in compensation occurred. The bill would require the board to report to the Legislature on the implementation of these provisions. Existing law requires the Board of Administration of PERS to establish a plan of replacement benefits for members and any survivors or beneficiaries whose retirement benefits are limited by a specified provision of federal law and that cannot be fully maximized pursuant to PERL. This bill would prohibit a plan of replacement benefits from being administered by the board for a person who first becomes a member on or after January 1, 2013.

Existing law creates within state government the Department of Justice. Existing law provides that the department is under the direction and control of the Attorney General. Existing law requires the Franchise Tax Board to, among other things, administer personal and corporation income tax laws and certain other nontax programs, including the collection of specified delinquent debt. This bill would, until January 1, 2020, establish a program that would require the Department of Justice, until January 1, 2018, to report to the Franchise Tax Board information on a qualified person, defined as, among others, a person who is not eligible to receive a social security number, but who has filed a state income tax return with a valid individual taxpayer identification number. The bill would require the Franchise Tax Board to submit an annual report to the Legislature, until January 1, 2019, that details the tax receipts collected from qualified persons who participate in the program. The bill would provide that information collected under the program is confidential and not subject to public disclosure under the California Public Records Act, except for purposes authorized under the act. The bill would require the destruction of all records collected under the act, as specified. The California Constitution provides that the powers of state government are legislative, executive, and judicial. Existing law requires that the Governor see that the law is faithfully executed. Existing law provides that the Governor is the sole official organ of communication between the state and the government of any other state or of the United States. Existing federal law regulates immigration. This bill would require the Governor to request that the President of the United States direct the Department of Homeland Security, the United States Immigration and Customs Enforcement (ICE) , and other relevant federal agencies to not expend resources during the term of the program to apprehend, detain, or remove any qualified person participating in the program, or to prosecute any individual employing a qualified person.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act requires the state board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions level in 1990 to be achieved by 2020, and to adopt rules and regulations in an open public process to achieve the maximum, technologically feasible, and cost-effective greenhouse gas emission reductions. The act authorizes the state board to include use of market-based compliance mechanisms. The state board has adopted by regulation a program pursuant to the act to cap greenhouse gas emissions and provide for market-based compliance mechanisms, including the auction of allowances (cap-and-trade program) . Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires a state agency, prior to expending any money appropriated to it by the Legislature from the fund, to prepare a record consisting of a description of proposed expenditures and of how they will further the regulatory purposes of the California Global Warming Solutions Act of 2006, how they will achieve specified greenhouse gas emissions reductions, how the agency considered other objectives of that act, and how the agency will document expenditure results. This bill would appropriate a specified portion of moneys collected by the state board and derived from the auction or sale of allowances in the 2012–13 fiscal year from the Greenhouse Gas Reduction Fund to the state board. Under the bill, a specified portion of the money appropriated to the state board would be available to fund prescribed projects that meet certain goals relating to greenhouse gas emissions reductions. This bill would require any funds allocated to fund or finance eligible projects, as specified, or awarded, as specified, to be committed by December 31, 2013. This bill would require the state board, the Strategic Growth Council, and the California Pollution Control Financing Authority to adopt regulations, and authorize those entities to adopt emergency regulations, for the purposes of funding eligible projects, as prescribed. The bill would require the California Pollution Control Financing Authority and the Strategic Growth Council to prepare and submit to the Legislature, until January 1, 2017, annual reports on funded projects and activities. The bill would require the state board to publish information on projects on its Internet Web site. This bill would create the Higher Education Greenhouse Gas Emissions Reduction Account within the Greenhouse Gas Reduction Fund. This bill would provide that any revenue collected by the state board from the sale of an allowance to the University of California or the California State University is required to be deposited into this account. This bill would appropriate the moneys collected in the 2012–13 fiscal year and deposited in this account to the state board and provide that the moneys collected after the 2012–13 fiscal year in the account are available, upon appropriation by the Legislature, for purposes that are determined, based on the best available evidence, to reduce greenhouse gas emissions, as specified, and would prescribe additional criteria for the expenditure of moneys in the account. This bill would require the state board to submit to the Legislature a 5-year investment plan detailing the projects and activities to be funded. This bill would require, no later than December 31, 2013, and each December 31 thereafter, the University of California and the California State University each to submit to the state board and the Legislature a specified report.