The hazardous waste control laws regulate the handling and management of hazardous materials and hazardous waste. Existing law requires the Department of Toxic Substances Control to list and to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes, as provided. Existing law requires the department, when identifying such wastes, to consider the immediate or persistent toxic effects to man and wildlife and the resistance to natural degradation or detoxification of the wastes. Existing law exempts certain kinds of waste from regulation under the hazardous waste control laws under specified conditions. A violation of the hazardous waste control laws is a crime. Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, also known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law requires the Department of Toxic Substances Control to develop and implement a comprehensive training, education, and enforcement program for, among others, certified unified program agencies to increase awareness of the requirements governing the determination on whether a waste is hazardous, as specified. The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires the department to identify and recommend actions to encourage the continued viability of the state's organic waste processing and recycling infrastructure, in partnership with specified agencies, including the Department of Food and Agriculture, as provided. The act defines "organic waste" for its purposes to mean food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Under existing administrative law, cannabis waste is a type of organic waste, and is required to be disposed of and otherwise managed under various specified methods. This bill would require, on or before January 1, 2023, the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery and the Department of Food and Agriculture, to provide guidance to certified unified program agencies on how to characterize cannabis waste, as defined, under the hazardous waste control laws and regulations. The bill would authorize the department to adopt regulations within its jurisdiction establishing management standards for cannabis waste as an alternative to the requirements specified in the hazardous waste control laws and implementing regulations.
Sponsored bills
Existing law authorizes the California Health and Human Services Agency, through the Office of Health Information Integrity, to establish and administer demonstration projects to evaluate potential solutions to facilitate health information exchange that promote quality of care, respect the privacy and security of personal health information, and enhance the trust of the stakeholders. Existing law specifies potential demonstration project subject areas and criteria for project selection. Existing law requires demonstration project participants to submit reports to the office on the outcome of the demonstration projects, as prescribed. This bill would make technical, nonsubstantive changes to those provisions.
Existing law establishes procedures for stepparent adoptions involving a spouse or partner who gave birth to the child during the marriage or domestic partnership. Among other things, existing law exempts those adoptions from the requirements of a home investigation and a hearing, as well as specified costs, unless the court orders otherwise. This bill would make technical, nonsubstantive changes to those provisions.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law prohibits a person without the appropriate license from exercising a privilege or performing any act for which the license is required, and a violation of this prohibition is a misdemeanor or a felony, as specified. Existing law authorizes a licensed craft distiller to manufacture and produce distilled spirits, subject to specified conditions, including that the licensee manufacture no more than 150,000 gallons of distilled spirits per fiscal year and sell no more than 2.25 liters of prepackaged containers of the licensee's spirits per day per consumer. This bill would additionally authorize a licensed craft distiller to sell and ship distilled spirits directly to a California resident, who is at least 21 years of age, for the resident's personal use and not for resale, under specific conditions. This bill would also authorize a person currently licensed in another state as a craft distiller, or licensed in a similar manner, that obtains a distilled spirits direct shipper permit to sell and ship distilled spirits directly to a California resident, who is at least 21 years of age, for the resident's personal use and not for resale, under similar conditions. The bill would make a knowing violation of these provisions a misdemeanor. The bill would establish a new license type for a distilled spirits direct shipper permit (Type 89) and would set an application fee of $100 and an annual renewal fee of $25. By expanding the scope of an existing crime and creating a new crime, 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.
Existing law, the Break the Cycle of Violence Act, establishes the California Violence Intervention and Prevention Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. This bill would make technical, nonsubstantive changes to those provisions.
Existing law establishes the Department of Financial Protection and Innovation, headed by the Commissioner of Financial Protection and Innovation, and charges the department with administering various laws relating to financial institutions, including banks and trust companies. Existing law requires the commissioner, upon the filing of an application to establish a bank or trust company, to make or cause to be made a careful investigation and examination relative to, among other things, the character, reputation, and financial standing of the organizers or incorporators, as specified. This bill would make a nonsubstantive change to these provisions.
Existing law generally regulates classes of insurance, including residential and commercial property insurance. The Insurance Rate Reduction and Reform Act of 1988, an initiative measure enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, prohibits specified insurance rates from being approved or remaining in effect that are excessive, inadequate, unfairly discriminatory, or otherwise in violation of the act. The act requires an insurer that wishes to change a rate to file a complete rate application with the Insurance Commissioner, for which there may be a hearing, as prescribed. Existing law authorizes the provisions of Proposition 103 to be amended by a statute that furthers the purposes of the act and is enacted by the Legislature with a 23 vote. This bill would require a residential or commercial property insurance policy issued, amended, or renewed on or after January 1, 2022, to include a discount if a local government of the jurisdiction where the insured property is located funds a local wildfire protection or mitigation program. Because the bill would mandate discounts for specified property insurance policies, thus affecting the commissioner's consideration of a rate, the bill would amend Proposition 103.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2022, and before January 1, 2027, to a qualified taxpayer that installs an attic vent closure in a residential property, as defined, in an amount equal to 40% of the qualified costs paid or incurred by the qualified taxpayer for that installation. The bill also would include additional information required for any bill authorizing a new income tax credit. This bill would take effect immediately as a tax levy.
Existing law, the Public Employees' Retirement Law (PERL) , creates the Public Employees' Retirement System (PERS) , which provides defined benefits to its members based on age at retirement, service credit, and final compensation. PERL vests the Board of Administration of PERS with management and control of the system. Existing law, the Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of PERS, governs the funding and provision of postemployment health care benefits for eligible retired public employees and their families. PEMHCA authorizes an employee or annuitant, as those terms are defined, of the state to enroll in a health benefit plan approved or maintained by the Board of Administration of PERS. The act generally requires the state and each employee or annuitant to contribute a portion of the cost of providing the benefit coverage afforded under the approved health benefit plan in which the employee or annuitant is enrolled. PEMHCA also prohibits, among other things, employees, annuitants, and family members who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare from being enrolled in a basic health benefit plan. PEMHCA, however, permits the employee, annuitant, or family member to enroll in a Medicare health benefit plan if they are enrolled in Part A and Part B of Medicare. PEMHCA establishes the Public Employees' Contingency Reserve Fund for the purpose of funding health benefits and funding administrative expenses. This fund is continuously appropriated, except with respect to administrative purposes, as specified. PEMHCA also establishes the Annuitants' Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs. This bill would preclude a person who has retired under PERS and who obtains work with a subsequent employer from receiving any health benefits offered under PEMHCA if the person's subsequent employer offers health care coverage that provides reasonably comparable benefits. The bill would grant the person reinstatement rights upon termination of employment with the subsequent employer. The bill would authorize the board to request information regarding employment and health care coverage offered by a person's subsequent employer. The bill would also prohibit, except as provided and by January 1, 2023, persons who have retired under a public retirement system, as defined, annuitants of a public retirement system, and their beneficiaries who become eligible to enroll on or after January 1, 1985, in Part A and Part B of Medicare from being enrolled in a basic health benefit plan, as defined, offered by the public retirement system.
Existing law generally regulates classes of insurance, including residential and commercial property insurance. Existing law requires an admitted insurer with written California premiums totaling $10,000,000 or more, as specified, to submit a biennial report to the Insurance Commissioner on its residential property experience data for the previous 2 years for policies written in California and to include in the report information on fire- or wildfire-incurred losses, as specified. Existing law prohibits an insurer, for one year after the declaration of a state of emergency, from canceling or refusing to renew a residential property insurance policy solely because the property is in an area in which a wildfire occurred. This bill would create the California Wildfire Insurance Authority to serve as a marketplace for catastrophic wildfire insurance. The bill would require the authority to be formed as a nonprofit entity that is privately funded and publicly managed. Under the bill, the authority would be governed by a 3-member governing board consisting of the Governor, the Treasurer, and the Insurance Commissioner, or their designees. The bill would also require the Speaker of the Assembly and the Chairperson of the Senate Committee on Rules, or their designees, to serve as nonvoting, ex officio members of the board. The bill would require the authority to be advised by an advisory panel consisting of members appointed by the Governor, the commissioner, the Speaker of the Assembly, and the Chairperson of the Senate Committee on Rules, as specified. This bill would require the Department of Insurance to promulgate regulations to govern the approval and regulation of catastrophic wildfire insurance policies and would prohibit, on and after January 1, 2023, a policy of residential or commercial property insurance from being issued, amended, or renewed by an insurer unless the named insured is offered coverage for loss or damage caused by a catastrophic wildfire. The bill would require an insurer to provide a discount of up to 20% on catastrophic wildfire insurance policy premiums to a residential or commercial property owner who hardens their property and would authorize the policy to contain a deductible. The bill would require the commissioner to approve all catastrophic wildfire insurance policy rates, discounts, and deductibles. This bill would establish the Catastrophic Wildfire Insurance Fund to provide a stable and ongoing source of reimbursement to participating insurers for their catastrophic wildfire losses. Under the bill, the fund would be financed by state contributions, revenue bonds, assessments, and other investment strategies approved by the commissioner. This bill would establish the California Wildfire Protection Program to provide home inspections for residential property owners who own homes located in high fire risk areas, and to provide recommendations on how to harden those homes to protect against wildfires. Under the bill, the program would offer grants to residential property owners for costs associated with the recommended home hardening improvements.