Existing law, with certain exceptions, establishes 8 hours as a day's work and a 40-hour workweek, and requires payment of prescribed overtime compensation for additional hours worked. Existing law requires a person who unlawfully withholds wages due an employee, as provided, to be subject to specified civil penalties. Existing law charges the Labor Commissioner with enforcement of these provisions. Existing law makes every person who fails to pay the wages of each employee subject to a specified penalty. Existing law requires the penalty to either be recovered by an employee as a statutory penalty or by the Labor Commissioner as a civil penalty, as prescribed. Existing law defines "public works," for purposes of regulating public works contracts, as, among other things, construction, alteration, demolition, installation, or repair work done under contract and paid for, in whole or in part, out of public funds. Existing law further requires that, except as specified, not less than the general prevailing rate of per diem wages be paid to workers employed on public works and imposes misdemeanor penalties for a violation of this requirement. Existing law provides that for the purposes of provisions of law relating to the payment of prevailing wages, "public works" includes specified types of construction, alteration, demolition, installation, and repair work. Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to recover through a civil action a civil penalty that may be assessed and collected by the Labor and Workforce Development Agency, as specified. This bill would, until January 1, 2029, authorize a taxpayer, employer, contractor, or subcontractor to make an elective retroactive wage payment, as defined, to workers who performed work on a qualified renewable clean energy facility pursuant to the Inflation Reduction Act of 2022 (Public Law 117-169) if certain requirements are met, including, among others, that the facility is not a public works project, as defined, and would not otherwise be subject to the Davis-Bacon Act, as specified. The bill would specify that those provisions do not apply to, among others, violations of any other provision of law unrelated to the payment of retroactive prevailing wage correction payments in connection with the application for federal tax benefits pursuant to the Inflation Reduction Act of 2022. The bill would limit that authorization to renewable energy facility construction or repairs commenced on or after January 1, 2023, that were completed on or before December 31, 2024. The bill would make related findings and declarations. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law required the Chancellor of the California Community Colleges, on or before June 1, 2023, in consultation with specified entities, to develop a modern policing degree program and to prepare and submit a report to the Legislature outlining a plan to implement the program. Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice and requires the commission, within 2 years of the submission of the report, to approve and adopt the education criteria for peace officers, based on the recommendations in the report. This bill would repeal the requirement for the commission to approve and adopt the criteria described above. This bill would declare that it is to take effect immediately as an urgency statute.
The Political Reform Act of 1974 requires specified public officials to file statements disclosing their investments and interests in real property on the date they assume office, and income received during the 12 months before assuming office, and to file subsequent statements at intervals specified by regulations of the Fair Political Practices Commission and upon leaving office. This bill would also require those public officials to disclose arrangements for prospective employment according to specified deadlines. The bill would define "arrangement for prospective employment" as an agreement pursuant to which a prospective employer's offer of employment has been accepted by the prospective employee. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act. A violation of the Political Reform Act of 1974 is punishable as a misdemeanor. By creating new disclosure requirements and therefore creating new crimes under the act, 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, the California Voting Rights Act of 2001, prohibits an at-large method of election from being imposed or applied in a manner that impairs the ability of a protected class to elect candidates of its choice, or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class. Upon finding such a violation, a court must implement appropriate remedies, as specified, that are tailored to remedy the violation. Existing law, the FAIR MAPS Act of 2023, requires a districting body, as defined, to adopt election district boundaries that comply with the United States Constitution, the California Constitution, and federal voting rights laws by specified deadlines. If the districting body fails to timely adopt such election district boundaries, the districting body must immediately petition the superior court in a county in which the local jurisdiction is located for an order adopting election district boundaries. If the districting body fails to bring such a petition within a specified time, any resident of the local jurisdiction is authorized to file that petition. Existing law stays proceedings in the trial court upon the judgment or order appealed from, including enforcement of the judgment or order, upon the perfecting of an appeal. Existing law enumerates specified judgments or orders that are not stayed upon the perfecting of an appeal, if certain conditions are present. This bill would provide that the perfecting of an appeal does not stay enforcement of an order in the trial court, in the absence of an order of the trial court providing otherwise, if the trial court finds that either (1) a party's at-large method of election violates, or is likely to violate, the California Voting Rights Act of 2001, or (2) a party's election district boundaries violate, or are likely to violate, the FAIR MAPS Act of 2023. Notwithstanding that provision, the bill would authorize a trial court to order the stay of a judgment or order under the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023 upon the perfection of an appeal if the Secretary of State files a certification in the trial court stating that a stay is necessary for the orderly administration of the state's elections. This bill would also require the party found to have violated or found to be likely to violate the acts to reimburse the county elections officials for costs incurred in administering the election that result from enforcement of the trial court's order or the order of a court issued while an appeal is pending. The bill would specify that these provisions do not apply to a judgment or order entered in a proceeding or action commenced on or before January 1, 2026 that asserts at least one cause of action under the California Voting Rights Act of 2001 or the FAIR MAPS Act of 2023.
Existing law requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates regardless of security level or sentence length. Existing law establishes various clearance levels for program providers in state prisons, including short-term clearance, annual program provider clearance, and statewide program provider clearance, as defined. Existing law establishes a procedure for a program provider to receive one of these clearances and an identification card to gain entry into the state prison and requires the department to provide state prisons with forms for program providers to obtain the clearances. This bill would expand these provisions to allow legal professionals and attorney support personnel, as defined, to apply for these clearances. The bill would revise the names of these clearances to annual gate clearances and short-term gate clearances. The bill would also require the department to, upon request, give a short-term gate clearance for any institution without the requirement to apply for a long-term gate clearance to specified individuals, including, among others, the Governor and all cabinet members, members of the Legislature and their staff, and current judges of the state.
(1) Existing law requires the Director of Fish and Wildlife, within 24 hours of notification of a spill or discharge, as described, to close certain waters to the take of all fish and shellfish. Existing law provides that closure is not required if the Office of Environmental Health Hazard Assessment (OEHHA) finds, within 24 hours of the notification, that a public health threat does not or is unlikely to exist. Existing law requires the director, in consultation with OEHHA, to make specific determinations with regard to the spill or discharge within 48 hours of the notification. Existing law requires the director, within 48 hours of notification or as soon as is feasible, in consultation with OEHHA, to assess and determine the potential danger from consuming fish contained in a recirculating seawater tank onboard a vessel. Existing law requires the director to seek full reimbursement from the responsible parties for the spill or discharge for all reasonable costs incurred by the department in carrying out these provisions. A violation of the Fish and Game Code is a crime. This bill would revise those provisions by, among other things, authorizing, instead of requiring, after a notification of a spill or discharge the director to close certain waters to the take of all fish or shellfish or to otherwise restrict the take and possession of all fish or shellfish in those waters. The bill would require closure if OEHHA finds that a public health threat exists or is likely to exist, and would require the director, in determining the need for a closure, to initiate consultation with OEHHA no later than 24 hours after a notification of a spill or discharge regarding the likelihood of a public health threat, if specified conditions are met. The bill would also authorize OEHHA to seek full reimbursement for all reasonable costs it incurs. The bill would make it unlawful to take any fish or shellfish from any waters closed pursuant to these provisions or to otherwise violate any restriction imposed pursuant to these provisions. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing law authorizes the administrator for oil spill response (administrator) to offer grants to a local government, Native American tribe, or other public entity with jurisdiction over or directly adjacent to waters of the state to provide oil spill response equipment to be deployed by a certified local spill response manager, as provided. This bill would provide that a federally recognized tribe, instead of a Native American tribe, is eligible to receive those grants. Existing law requires the administrator, taking into consideration the California oil spill contingency plan, to promulgate regulations regarding the adequacy of oil spill elements of area plans adopted pursuant to specified existing law. Existing law authorizes the administrator to offer, to a unified program agency with jurisdiction over or directly adjacent to waters of the state, a grant to complete, update, or revise an oil spill element of the area plan. Existing law establishes the Environmental Enhancement Grant Program and requires grants to be awarded to nonprofit organizations, cities, counties, cities and counties, districts, state agencies, and departments. This bill would provide that a federally recognized tribe is also eligible to receive the above-described grants. (3) Existing law makes a responsible party, as defined, absolutely liable without regard to fault for any damages incurred by any injured person that arise out of, or are caused by, a spill, with specified exemptions including the discharge or leaking of oil or natural gas from a private pleasure boat or vessel. This bill would remove the discharge or leaking of oil or natural gas from a private pleasure boat or vessel from those exemptions from liability. (4) 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.
(1) Existing state and federal law provides for the enforcement of laws related to elections and provides procedures to challenge the conduct of elections and election results. This bill would require a state or local agency or political subdivision that files or is served with a court action relating to elections that contains a claim arising under federal law to provide written notice to the Secretary of State and the Attorney General within 3 days. The bill would require a state or local agency or political subdivision, at least 14 days before entering into a settlement, consent decree, or other court-approved agreement with respect to such a claim arising under federal law, to provide notice of the settlement, consent decree, or other court-approved agreement to the Secretary of State and the Attorney General. The bill would exempt records or information exchanged pursuant to this provision from the California Public Records Act. (2) Existing law requires an elections official, upon completion of the count, to add the results of write-in votes and any paper ballots used as certified by the precinct board, and thereupon declare the vote. Existing law requires the elections official to prepare a certified statement of the results of the election and submit it to the governing body within 30 days of the election, as specified. Existing law requires the elections official to send to the Secretary of State within 31 days of the election in an electronic format a complete copy of specified election results, including the vote given for persons for electors of President and Vice President of the United States, all candidates voted for statewide office, and all statewide measures. This bill would specify that the duties described above imposed on elections officials are ministerial and nondiscretionary. Existing law, if the Secretary of State determines that state election laws are not being enforced, requires the Secretary of State to call the violation of those laws to the attention of the district attorney of the county or to the Attorney General. This bill, if an elections official fails to prepare a certified statement of the results of the election, would require the Secretary of State to call the violation to the attention of the district attorney of the county or to the Attorney General and authorize the Secretary of State to assist the county elections official in discharging their duties, consistent with those provisions. (3) Existing law requires a governing body to declare elected or nominated the person having the highest number of votes for each office voted on at an election under its jurisdiction and to declare the results of each measure voted on at an election under its jurisdiction. This bill would specify that these duties are ministerial and nondiscretionary. (4) Existing law establishes a crime punishable by a fine, imprisonment, or both, for a person who hires or arranges for a person in possession of a firearm or any uniformed peace officer, private guard, or security personnel or any person who is wearing a uniform of a peace officer, guard, or security personnel, to be stationed in the immediate vicinity of, or posted at, a polling place without written authorization of the appropriate elections official. This bill would apply the above penalties with respect to a uniformed law enforcement officer, including an officer or agent of a federal law enforcement agency, rather than to a uniformed peace officer. The bill would expand the scope of the crime to include the presence of any of the above persons in the immediate vicinity of or at a county elections office. (5) Existing law makes it a crime to display a container for the purpose of collecting ballots with the intent to deceive a voter into casting a ballot in an unofficial ballot box. Existing law also makes it a crime to direct or solicit a voter to place a ballot in such a container. Existing law makes these crimes punishable by a fine not to exceed $1,000, by imprisonment for 16 months or two or three years, or by both fine and imprisonment. This bill would also make it a crime to display an envelope for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box. The bill would make it a crime to direct or solicit a voter to place a ballot in such an envelope. (6) Existing law provides requirements for the certification of voting systems. Existing law requires the Secretary of State to adopt and publish voting system standards that meet or exceed federal voluntary voting system guidelines prescribed by the United States Election Assistance Commission, as specified. This bill would repeal the above requirement and instead require the Secretary of State to adopt and publish voting standards that meet the minimum requirements of the federal Help America Vote Act of 2002 and that incorporate best practices in election technology. (7) Existing law requires a vendor, jurisdiction, and applicant for certification or approval of a remote accessible vote by mail system to notify the Secretary of State and local elections officials, as applicable, if they learn of a defect, fault, or failure in the system or part of the system. Existing law requires the Secretary of State, after receiving notice, to further notify and submit a report to the United States Election Assistance Commission. This bill would repeal the above requirements that the Secretary of State notify and submit a report to the United States Election Assistance Commission. (8) 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. (9) By broadening the scope of existing crimes, and by establishing new procedures for the conduct of elections, including with respect to enforcement of local election laws, disclosure of voter registration information, and ballots, this bill would establish 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (10) This bill would declare that it is to take effect immediately as an urgency statute.
The California Consumer Financial Protection Law requires the Commissioner of Financial Protection and Innovation to prepare and publish on the Department of Financial Protection and Innovation's internet website an annual report detailing actions taken during the prior year under the law and requires the report to include information on actions taken with respect to, among other things, the activities of the Financial Technology Innovation Office. This bill would additionally require the report to include information on actions taken with respect to the Office of the Ombuds.
Existing law generally authorizes a taxing agency to sell tax-defaulted property 5 or more years after the real property has become tax defaulted. Existing law authorizes the board of supervisors of the county in which the property is situated, or the state, county, any revenue district the taxes of which on the property are collected by county officers, or a redevelopment agency, to purchase the property, as specified, if certain conditions are met. Existing law also authorizes a nonprofit organization to purchase residential or vacant property, with the approval of the board of supervisors of the county in which it is located, if the property is used for low-income housing or public use, as specified. Existing law requires any sale under these provisions to be approved by the board of supervisors and to meet specified requirements, including notice requirements of an agreement under these provisions. This bill would prohibit a board of supervisors from approving the sale of tax-defaulted property, as described above, unless it conducts a hearing, with notice, and makes a specified finding that either the sale price is greater than or equal to the tax sale value, as defined, of the property or the tax sale value of the property is less than the amount necessary to redeem the property, as specified. The bill would require the notice of the hearing to be mailed at least 45 days prior to the hearing to the last assessee of each portion of the property and to parties of interest, and to contain, among other things, a description of the property, the proposed sale price, and the date, time, and location of the hearing. The bill would require any costs incurred in conducting the hearing and making the findings to be paid by the taxing agency or nonprofit organization by which the property is to be or may be purchased. The bill would also authorize the challenge of a board of supervisors' determination by the filing of a petition for judicial review in the superior court of the county within 45 days following the issuance of the board's decision, as specified. The bill would require the board to provide a written notice of the right to judicial review and the applicable deadlines to all parties who appeared at the hearing or submitted written evidence. The bill would authorize the superior court to vacate the board's decision and remand the matter to the board of supervisors if the court determines that the decision was not supported by substantial evidence or that the board otherwise failed to follow certain requirements. By requiring a board of supervisors to engage in specified actions relating to approving a sale of tax-defaulted property, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities. Existing law prohibits public utilities, other than certain common carriers, from selling, leasing, assigning, mortgaging, or otherwise disposing of, or encumbering, its assets that are necessary or useful in the performance of its duties to the public, unless the public utility has secured an order from the commission to do so for a qualified transaction above $5,000,000 or an approval from the commission through the filing of an advice letter for a qualified transaction at or below $5,000,000. This bill would exempt from that prohibition easements, or changes to easements, that have a ratepayer financial impact valued at $100,000 or less if a public utility that is a party to the qualified transaction has gross annual California revenues of $500,000,000 or more. The bill would require, beginning January 1, 2030, and every 5 years thereafter, those threshold values to increase to reflect any increase in inflation, as specified. The bill would require each public utility to annually file a Tier 1 advice letter with a report of all transactions performed pursuant to this exemption, enumerated by date, value, location, and party. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because the provisions of this bill would be a part of the act, and a violation of a commission action implementing the above-described provisions 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 authorizes a peace officer or a regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations to remove a vehicle when, among other things, the officer arrests a person driving or in control of a vehicle for an alleged offense, and the officer is, by the Vehicle Code or other law, required or permitted to take, and does take, the person into custody. This bill would additionally authorize a peace officer to remove a vehicle that (1) has fewer than 4 wheels, but that does not meet the definition of an electric bicycle, if that vehicle is powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway and is being operated by an operator without a current license to operate the vehicle, or (2) is a class 3 electric bicycle being operated by a person under 16 years of age. The bill would authorize a city, county, or city and county to adopt a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs of the vehicle, as provided. The bill would require an agency to release a seized vehicle to the owner, violator, or their agent after a minimum of 48 hours if certain conditions are met, including that the costs of removal, seizure, and storage have been paid. The bill would in certain circumstances authorize an agency to require, as a condition of release, proof that the violator has completed an electric bicycle safety and training program or a related local bicycle safety course, as described.
Under existing law, the Public Utilities Commission has the exclusive power to, among other things, determine and prescribe the manner and the terms of installation, operation, maintenance, use, and protection of railroad crossings. Existing law prohibits the construction of a public road, highway, or street across the track of any railroad corporation at grade and other specified actions with regard to railroad crossings without the permission of the commission. This bill would require an application for a railroad crossing to include, at a minimum, certain information concerning the proposed railroad crossing. The bill would require the commission to adopt an expedited review and approval process for ratesetting proceedings for an exempt railroad crossing application, as defined. The bill also would require the commission, upon initiating a ratesetting proceeding, to determine whether the proceeding is for an exempt railroad crossing application, and if so, to issue a proposed resolution pursuant to the expedited review and approval process.
