Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages as specified to an employee who works in excess of a workday or workweek, as defined, and imposes criminal penalties for the violation of these requirements. Existing law, the Phase-In Overtime for Agricultural Workers Act of 2016, imposes a schedule that phases in overtime requirements for agricultural workers each year, over the course of 4 years, from 2019 to 2022, inclusive. Existing law provides employers who employ 25 or fewer employees an additional 3 years to comply with the phasing in of these overtime requirements. In this regard, existing 1 2 times their regular rate of pay for the hours they worked in excess of certain numbers in a workday or workweek, depending on the year and the size of the employer."?> law, beginning on January 1, 2022, and January 1, 2025, in the case of smaller employers, prohibits any person employed in an agricultural occupation from being employed more than 8 hours in a work day or 40 hours in a work week unless they receive 1 12 times their regular rate of pay for the excess hours they worked. This bill would 1 2 hours in a workday and from 50 to 45 hours in a workweek. The bill would also delete the provision that, beginning on January 1, 2022, and January 1, 2025, in the case of smaller employers, further decreases those hours to 8 hours in a workday and 40 hours in a workweek."?> increase the number of hours worked in a work week before that overtime rate of pay becomes applicable from 40 to 48 hours in a workweek.
Existing law prohibits a full-service restaurant, as specified, from providing single-use plastic straws, as defined, to consumers unless requested by the consumer. Existing law requires a city, county, or city and county, to authorize an enforcement agency to enforce these provisions. Existing law specifies that the first and 2nd violations of these provisions would result in a notice of violation and any subsequent violation would be an infraction punishable by a fine of $25 for each day the full-service restaurant is in violation, but not to exceed an annual total of $300. This bill would require a chain restaurant, before serving a beverage, to ask a customer if the customer intends to consume the beverage on the premises or off the premises. The bill would prohibit a chain restaurant from serving a beverage in a single-use vessel if a customer indicates intent to consume the beverage on the premises, as specified, and would subject a violator to the enforcement provisions described above. By expanding the scope of 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 requires the State Air Resources Board to complete, approve, and implement a comprehensive strategy to reduce emissions of short-lived climate pollutants in the state to reduce the statewide methane emissions by 40% below 2013 levels by 2030. Existing law requires methane emissions reduction goals to include specified targets to reduce the landfill disposal of organics. Existing law requires the Department of Resources Recycling and Recovery, in consultation with the state board, to adopt regulations that achieve those targets for reducing organic waste in landfills, as provided. The department's organic waste regulations provide different organic waste procurement targets for local jurisdictions based on population and provide waivers and exemptions from collection and procurement requirements for, among other things, low-population jurisdictions. Articles XIIIC and XIIID of the California Constitution generally require that assessments, fees, and charges be submitted to property owners for approval or rejection after the provision of written notice and the holding of a public hearing. Existing law, the Proposition 218 Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to comply with Articles XIIIC and XIIID of the California Constitution. Existing statutory law provides notice, protest, and hearing procedures for the levying of new or increased fees or charges by local government agencies pursuant to Article XIIID of the California Constitution. This bill would exempt a portion of a county from the prescribed organic waste collection requirements if the county proposed a fee for the collection of organic waste in that portion of that county and the county did not impose the fee in that portion of that county because, when submitted to property owners for approval, it was rejected.
Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment discrimination and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. Existing law makes it unlawful for an employer with five or more employees to, among other things, include on any application for employment, before the employer makes a conditional offer of employment to the applicant, any question that seeks the disclosure of an applicant's conviction history, except as provided. This bill would make it an unlawful employment practice for an employer to take an adverse action against an applicant based solely or in part on criminal history information, unless the employer can demonstrate that the applicant's criminal history has a direct and adverse relationship with one or more specific duties of the job and the employer's business necessity requires the adverse action. The bill would also make it an unlawful employment practice for an employer to require, as a condition of employment, that an applicant waive the applicant's right to privacy in criminal history information or otherwise provide an authorization for the employer to obtain the applicant's criminal history information under specified law, unless the employer can demonstrate a business necessity. The bill would require an employer to provide to an applicant a written notice when requesting an applicant's authorization to obtain the applicant's criminal history information, as specified. The bill would define various terms for these purposes.
Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor. Under existing law, a nuisance is anything that is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property. Existing law also provides that a nuisance is anything that obstructs the free passage or use of any public park, square, street, or highway, among other things. Under existing law, a public nuisance is a nuisance that affects the entire community, neighborhood, or a considerable number of persons. Existing law provides various remedies against a public nuisance, including abatement by any public body or officer authorized by law. This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property upon a street or sidewalk if a homeless shelter, as defined, is available to the person. The bill would also prohibit sitting, lying, sleeping, or storing, using, maintaining, or placing personal property within 500 feet of a public or private school, open space, or major transit stop, as specified. The bill would specify that a violation of this prohibition is a public nuisance that can be abated and prevented, as specified. The bill would also provide that a violation of the prohibition may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. The bill would prohibit a person from being found in violation of the bill's provisions unless provided notice, at least 72 hours before commencement of any enforcement action, as specified. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
This measure would urge the United States Congress to refrain from reauthorizing Section 702 of the Foreign Intelligence Surveillance Act absent fundamental reform of the program, which must include requiring agencies to obtain a warrant before searching Section 702-acquired information from Americans' communications.
Existing sales and use tax laws impose taxes on retailers measured by gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, measured by sales price. The Sales and Use Tax Law defines the term "gross receipts" for these purposes to mean the total amount of the sale or lease or rental price of the retail sales of retailers, valued in money, whether received in money or otherwise, as specified, unless an exclusion applies. The Sales and Use Tax Law defines the term "sales price" for these purposes to mean the total amount for which tangible personal property is sold or leased or rented, valued in money, whether received in money or otherwise, as specified, unless an exclusion applies. The Motor Vehicle Fuel Tax Law, administered by the California Department of Tax and Fee Administration, imposes a tax upon each gallon of motor vehicle fuel removed from a refinery or terminal rack in this state, entered into this state, or sold in this state, at a specified rate per gallon. Existing sales and use tax laws provide a partial exemption from the taxes imposed by those laws for motor vehicle fuel that is subject to the taxes imposed by the Motor Vehicle Fuel Tax Law. This bill, beginning January 1, 2025, would exclude from the terms "gross receipts" and "sales price" under the Sales and Use Tax Law the amount of any motor vehicle fuel tax imposed pursuant to the Motor Vehicle Fuel Tax Law. This bill would take effect immediately as a tax levy.
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 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 authorizes specified entities to file and maintain with a court an action or proceeding to attack, review, set aside, void, or annul an act of a public agency on grounds of noncompliance with the requirements of CEQA. This bill would authorize a defendant, in an action brought under CEQA, to file a motion requesting the plaintiff or petitioner to identify every person or entity that contributes in excess of $10,000, as specified, toward the plaintiff's or petitioner's costs of the action. The bill would authorize the motion to be heard on shortened time at the court's discretion. The bill would authorize a plaintiff or petitioner to request the court's permission to withhold the public disclosure of a person or entity who made a monetary contribution. The bill also would require the plaintiff or petitioner to use reasonable efforts to identify the actual persons or entities that are the true source of the contributions, to include the exact total amount contributed, and to identify any pecuniary or business interest related to the project of any person or entity that contributes in excess of $10,000 to the costs of the action, as specified. The bill would, except as provided, prohibit those disclosures from being admissible into evidence for any purpose. The bill would provide that a failure to comply with these requirements may be grounds for dismissal of the action by the court. This bill would require an action or proceeding brought to attack, review, set aside, void, or annual acts or decision of a public agency for a commercial, housing, or public works project that helps to address longstanding critical needs in the project area and that results in an investment of at least $25,000,000 in the state on the grounds of noncompliance with CEQA to be resolved, to the extent feasible, within 365 days of the filing of the certified record of proceedings with the court. The bill would require the Judicial Council to adopt a rule of court to implement this provision. This bill would require the court's approval for a settlement agreement reached in an action or proceeding brought under CEQA and would prohibit the court from approving the settlement agreement if the settlement agreement contains a nonenvironmental provision, as defined. CEQA authorizes a court, in an action or proceeding brought challenging the decision of a public agency on the ground of noncompliance with CEQA, to enter an order to suspend any or all specific project activity or activities if the court finds that the activity or activities will prejudice the consideration or implementation of particular mitigation measures or alternatives to the project. CEQA provides that, except as otherwise specified, it is not intended to limit the equitable powers of the courts. This bill would instead prohibit the court from staying or enjoining the construction or operation of a project unless it makes certain findings. The bill would delete that intent relating to the equitable powers of the courts.
Existing law establishes the California Interagency Council on Homelessness to oversee the implementation of Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or at risk of homelessness to revise or adopt guidelines and regulations to include enumerated Housing First policies. Existing law specifies the core components of Housing First, including, among others, services that are informed by a harm reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants' lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as specified, and prohibiting the use of alcohol or drugs, in and of itself, without other lease violations, from constituting a reason for eviction. This bill would provide an exception to the eviction prohibition described above to authorize a tenant's eviction based upon the use of drugs or alcohol, without other lease violations, when children are housed in the same location. The bill would also authorize a state department or agency to authorize programs to fund recovery housing or housing models that, in conjunction with nonclinical substance use-specific services, peer support, and physical design features that support individuals and families on a path to recovery from addiction, emphasize abstinence from substance use, if the program uses at least 75% of its funding in each county on housing or housing-based services that use a harm reduction model and meets other specified requirements. The bill would require the authorizing state department or agency to conduct periodic monitoring of the abstinence-focused recovery housing to ensure compliance with these requirements.
Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases and requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from those sources. Pursuant to its authority, the state board has adopted the Advanced Clean Fleets Regulation, which imposes various requirements for transitioning local, state, and federal government fleets of medium- and heavy-duty trucks, other high-priority fleets of medium- and heavy-duty trucks, and drayage trucks to zero-emission vehicles. The Advanced Clean Fleets Regulation authorizes entities subject to the regulation to apply for exemptions from its requirements under certain circumstances. This bill would require the state board to establish the Advanced Clean Fleets Regulation Appeals Advisory Committee by an unspecified date for purposes of reviewing appeals of denied requests for exemptions from the requirements of the Advanced Clean Fleets Regulation. The bill would require the committee to include representatives of specified state agencies, other state and local government representatives, and representatives of private fleet owners, the electric vehicle manufacturing industry, and electrical corporations, as provided. The bill would require the committee to meet monthly and would require recordings of its meetings to be made publicly available on the state board's internet website. The bill would require the committee to consider, and make a recommendation on, an appeal of an exemption request denial no later than 60 days after the appeal is made. The bill would require specified information relating to the committee's consideration of an appeal to be made publicly available on the state board's internet website. The bill would require the state board to consider a recommendation of the committee at a public meeting no later than 60 days after the recommendation is made.
Existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region and the appropriate council of governments, or, for cities and counties without a council of governments, the department, to determine a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county. Existing law requires each council of governments or delegate subregion, as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, as provided. Existing law requires the consideration of several specified factors in developing the methodology. Existing law prohibits certain criteria from being a justification for a determination or reduction in a jurisdiction's share of the regional housing need, including prior underproduction of housing in a city or county from the previous regional housing need allocation, as specified. This bill would permit the council of governments or delegate subregion, in developing the methodology, to consider prior overproduction of housing units in a city or county from the previous regional housing need allocation in a particular income category and to count it as credit toward the future regional housing need allocation of that same income category in the next cycle. The bill would provide that the amount eligible to count as credit toward the next cycle is determined by each jurisdiction's most recent annual progress report, as specified.
Existing law, the Mobilehome Residency Law Protection Act, until January 1, 2027, establishes the Mobilehome Residency Law Protection Program within the Department of Housing and Community Development to assist in taking and resolving complaints from homeowners relating to the Mobilehome Residency Law. Existing law requires the department, in administering the program, to contract with one or more qualified and experienced nonprofit legal services providers and refer complaints selected for evaluation, and which are not resolved, to these nonprofit legal service providers for possible enforcement action, as specified. This bill would require a nonprofit legal services provider contracted with the department to provide the department, in its role as the contract manager overseeing the performance of nonprofit legal services contracts, with full access to information regarding the status of each case and the services provided to complainants. The bill would prohibit laws relating to the attorney-client privilege or attorney work product doctrine that protect the confidentiality of communications or records from preventing disclosure, as provided. To the extent any information disclosed to the department includes confidential information subject to the attorney-client privilege or work product protection, the bill would prohibit any described disclosure from constituting a waiver of that privilege or protection. The bill would prohibit the department from disclosing any confidential information received, as specified, to anyone outside of the department. The bill would require the department to conduct regular surveys of complainants referred to a nonprofit legal services provider, as specified. The bill would require the department to monitor updates from a nonprofit legal services provider to detect any inappropriate denial of services and would require the department to respond immediately to correct any denials. Beginning January 1, 2019, and each subsequent year thereafter, existing law requires the department to assess upon, and collect from, the management of a mobilehome park subject to the Mobilehome Residency Law, an annual registration fee of $10 for each permitted mobilehome lot located within the mobilehome park, to be paid at the time of payment of the annual operating fee imposed under the Mobilehome Parks Act. Existing law establishes the Mobilehome Dispute Resolution Fund for receipt of the receipt of moneys received pursuant to these provisions, and makes the fund available upon appropriation by the Legislature. This bill would instead authorize the department to collect from the management of a mobilehome park the annual registration fee of $10, as described above, in the event that the department and the Department of Finance agree that the fund can cover only 6 months of expenditures. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
