Asm. Rebecca Bauer-Kahan

Existing law establishes the California Promise, which requires at least 20 campuses of the California State University to establish a California Promise program by which the campus enters into a pledge with a qualifying transfer student to support the student in earning a baccalaureate degree within 2 academic years of the student's first year of enrollment to the campus, as provided. Existing law repeals these provisions on January 1, 2026. This bill would rename the California Promise program the Finish in Four and Through in Two program, as provided. The bill would require each campus participating in the Finish in Four and Through in Two program to take specified actions to promote the program. The bill would require the Trustees of the California State University, on or before July 1, 2025, and annually thereafter, until January 1, 2034, to submit a report to the Legislature that includes specified program participation information. The bill would delete an obsolete reporting requirement. The bill would delete the January 1, 2026, program repeal date, thereby extending the program indefinitely.

Existing law requires an incarcerated person in a state prison or county jail who is identified as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration to be offered a pregnancy test upon intake or request. Existing law requires an incarcerated person who is confirmed to be pregnant to be scheduled for pregnancy examination with a physician, nurse practitioner, certified nurse-midwife, or physician assistant within 7 days. Existing law requires incarcerated pregnant persons to be provided with access to, among other things, prenatal vitamins. Existing law prohibits incarcerated pregnant persons from being tased, pepper sprayed, or exposed to other chemical weapons. This bill would additionally require incarcerated pregnant persons in the state prison to be provided with free and clean bottled water and daily high-quality and high caloric nutritional meals, as specified. The bill would also prohibit incarcerated pregnant persons in the state prison from being placed in solitary confinement or restrictive housing units during their pregnancy, if known to be pregnant, or for 12 weeks postpartum, as specified. Existing law, for a pregnant person incarcerated in the state prison, requires that person to be provided access to community-based programs serving pregnant, birthing, or lactating incarcerated persons, and authorizes that person to elect to have a support person present during labor, childbirth, and during postpartum recovery while hospitalized. Existing law requires, if that person's request for access to community-based programs or a support person is denied, the reason for the denial to be provided in writing to the incarcerated person within 15 working days of receipt of the request. This bill would require the reasons for that denial to be provided in writing to the incarcerated person within 5 working days of receipt of the request.

(1) Existing federal law, the Victims of Crime Act of 1984, creates the Crime Victims Fund and authorizes federal financial assistance to states for the purpose of supporting eligible crime victim assistance programs. Existing law creates various programs under the Office of Emergency Services related to crime prevention and education, including, among other things, programs concerning family violence prevention and domestic violence prevention. This bill, the California Victims of Crime Act, would establish the California Crime Victims Fund in the State Treasury and would require that moneys deposited in the fund be continuously appropriated to the Office of Emergency Services to support crime victims services. The bill would require the Office of Emergency Services to seek advisement from the Victims of Crime Act Steering Committee on priorities for utilizing the funds and would require the Treasurer to provide an annual report to the Legislature on the amounts deposited into the fund. By continuously appropriating moneys to the Office of Emergency Services for the support of crime victim services, the bill would make an appropriation. (2) Existing law establishes the aggravated white-collar crime enhancement which imposes enhanced penalties against a person who commits 2 or more related felonies, a material element of which is fraud or embezzlement, that involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking or loss of more than $100,000, as specified. This bill would authorize a court to impose an additional fine, known as the corporate white collar criminal enhancement, against a corporation that is convicted of a misdemeanor or felony. The bill would authorize the court to determine the amount of the fine, but would set specified limits. The bill would require the court to consider certain factors when determining the amount of the fine, including, among other things, the nature and seriousness of the offense and the corporation's assets, liabilities, and net worth, as specified. The bill would require that any moneys collected under this provision be deposited into the California Crime Victims Fund. (3) The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified. This bill would, if a corporation is convicted of a misdemeanor or felony offense, require the court to impose a separate and additional restitution fine, as specified. The bill would authorize the court to determine the amount of the restitution fine, but would impose specified maximums. The bill would require any moneys collected under this provision to be distributed to the California Crime Victims Fund and the prosecuting agency that brought the criminal prosecution, as specified.

Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law provides for homeless assistance to a homeless family seeking shelter when the family is eligible for CalWORKs aid, including a nonrecurring special needs benefit for permanent housing assistance to pay for last month's rent and security deposits if these payments are conditions of securing a residence, or to pay for up to 2 months of rent arrearages, if these payments are a reasonable condition of preventing eviction. Existing law prohibits the last month's rent or monthly arrearage portion of the payment from exceeding 80% of the family's total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size, and requires it be made to families that have found permanent housing costing no more than 80% of the family's total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size. This bill, beginning January 1, 2026, or when specified automation processes are available, and for purposes of determining the family's total monthly household income for the permanent housing assistance, would require the county human services agency to include any amount that is regularly received or will be regularly received from other government and nonprofit housing and homeless subsidy programs and any regularly received private support intended or designed to help the family with housing. By imposing additional duties on counties, the bill would impose a state-mandated local program. Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing these provisions. 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 electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards. Existing law requires each electrical corporation and local publicly owned electric utility to annually prepare and submit a wildfire mitigation plan, which includes a description of its procedures for notifying customers who may be impacted by the deenergizing of electrical lines. Existing law requires those procedures to direct notification to all affected public safety offices, critical first responders, health care facilities, and operators of telecommunications infrastructure. This bill would authorize a fire protection district, as defined, to require an electrical corporation or local publicly owned electric utility to notify the district at least 24 hours before performing a prescribed or controlled burn, except as provided. 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 above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program. Additionally, to the extent this bill would mandate that a local publicly owned electric utility, which is an entity of local government, provide a new program or higher level of service, 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 specified reasons.

Existing law, the Ralph Civil Rights Act of 1976, affords all persons within the jurisdiction of this state the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, any specified personal characteristic, or position in a labor dispute, or because another person perceives them to have one or more of those characteristics. Existing law specifies that whoever denies this right, or aids, incites, or conspires in that denial, is liable for each and every offense for the actual damages suffered by any person denied that right and, in addition, exemplary damages, a civil penalty of $25,000, and attorney's fees. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice in violation of this right to also file a verified complaint with the Civil Rights Department. Existing law defines the phrase "intimidation by threat of violence" for purposes of this provision. This bill would expand the definition of "intimidation by threat of violence" for purposes of these provisions to also include terrorizing the owner or occupant of private property with the distribution of materials on the private property, without authorization, with the purpose of terrorizing, as defined, the owner or occupant of that private property. The bill would prohibit speech alone from supporting an action brought pursuant to the Ralph Civil Rights Act of 1976 unless there is a showing that the speech itself threatens violence against a specific person or group of persons, the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property, and the person threatening violence is acting in reckless disregard for the threatening nature of their speech and has the apparent ability to carry out the threat. The bill would prohibit that restriction on speech alone supporting an action from being construed to negate or otherwise abrogate the requirements set forth in other specified provisions of the Ralph Civil Rights Act of 1976 to bring an action pursuant to that act. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law vests the Department of Transportation with possession and control of the state highway system and associated property. Existing law prohibits each state agency that has responsibility for roadside vegetation control operations on, or along, a roadway, including a state highway, from conducting a roadside vegetation control operation on a portion of the roadway for which a property owner has made a request for information related to the roadside vegetation control operation until certain conditions are satisfied, as specified. This bill would require the Department of Transportation to adopt, on or before January 1, 2026, a statewide policy to use integrated pest management, as defined, on state roads and highways, as specified, and to implement the statewide policy in cities or counties that have adopted integrated pest management approaches to roadside vegetation management. The bill would require the Department of Transportation, in developing the statewide policy, to consult with the Department of Pesticide Regulation and the University of California Statewide Integrated Pest Management Program. The bill would require the Department of Transportation, when operating in a city or a county that has adopted an integrated pest management policy that is more restrictive than the statewide policy, to the extent feasible, to operate in a manner consistent with the city's or county's integrated pest management policy, as specified. The bill would require the Department of Transportation, on or before December 31, 2026, and annually thereafter, to make publicly available on its internet website the amount, location, and type of pesticides, and the pesticide formulation, by city and county, it uses, and, at least 24 hours before applying a pesticide, would require the Department of Transportation to provide on its internet website and mobile application, and through any other means of communication deemed appropriate by the applicable state transportation district, information on when and where it plans to apply the pesticide. Under existing law, a violation of certain provisions and regulations related to pesticides is a misdemeanor punishable by a fine of not less than $5,000 and not more than $50,000, or by imprisonment of not more than 6 months, or by both the fine and imprisonment. Because a violation of this bill's requirements would be a crime subject to the provision above, 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 vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law, with certain exceptions, prohibits a public utility from changing any rate, except upon a showing before the commission and a finding by the commission that the new rate is justified. With certain exceptions, whenever an electrical corporation or gas corporation files an application to change any rate for the services or commodities furnished by it, existing law requires the corporation to furnish to its affected customers a notice of its application to the commission for approval of the new rate. This bill would require an electrical corporation's or gas corporation's application requesting authorization for or recovery of capital expenditures to include, if the commission determines these estimates are required, its best estimate of the application's impact on its annual revenue requirement for each year that the capital expenditures described in the application are expected to remain in the application's rate base if the application is approved or conditionally approved and the net present value of those impacts. The bill would require the commission to determine in a scoping ruling or other ruling whether an application from an electrical corporation or gas corporation requesting authorization for or recovery of capital expenditures requires these estimates. The bill would further require the commission to require the electrical corporation or gas corporation to provide supporting workpapers and calculations for these estimates. 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 above-described requirements would be a part of the act, and because a violation of a commission action implementing the above-described requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law defines what types of property are subject to and exempt from the enforcement of money judgments, as specified, including certain retirement plans. Existing law also requires judgment creditors seeking to enforce money judgments to provide notice to judgment debtors, as specified. Existing law provides rules for claiming exemptions from the enforcement of money judgments and provides requirements for the adjudication of such exemptions. Existing law defines "personal debt" for the purposes of renewing the period of enforceability of a judgment to mean money due or owing or alleged to be due or owing from a natural person arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for the debtor's personal, family, or household purposes. This bill would expand the types of retirement plans exempt from money judgments, as specified, and exempt such property to the extent necessary to provide specified support for, and satisfy tax obligations of, the judgment debtor. The bill would revise the enforcement provisions described above by requiring a judgment creditor to take additional steps to verify a judgment debtor's address and provide notice of enforcement to a judgment debtor, by requiring a court to order the return of exempt property that has been levied upon, and limiting the time period during which an earnings withholding order may be enforced and the frequency with which such an order may be sought. The bill would require a financial institution to protect from levy cumulatively exempt funds belonging to the debtor and held in multiple accounts. The bill would generally apply these revised enforcement provisions to cases in which the judgment creditor seeks to enforce judgment based on recovery of personal debt described above. This bill would incorporate additional changes to Section 703.580 of the Code of Civil Procedure proposed by AB 3283 to be operative only if this bill and AB 3283 are enacted and this bill is enacted last.

(1) Under existing law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would require the State Water Resources Control Board to adjust for inflation, by January 1 of each year, beginning in 2026, the amounts of civil and administrative liabilities or penalties imposed by the board or in water right actions brought at the request of the board, as specified. (2) Existing law authorizes the board to issue an order to a person to cease and desist from violating, or threatening to violate, certain requirements relating to water use, including diverting or using water, other than as authorized. Upon the failure of any person to comply with a cease and desist order issued by the board, existing law authorizes the Attorney General, upon the request of the board, to petition the superior court for the issuance of prohibitory or mandatory injunctive relief as appropriate, and authorizes civil penalties for a violation of a cease and desist order, as specified. This bill would increase one of the specified civil penalties to $2,500 for each day in which a violation of a cease and desist order occurs. (3) Existing law authorizes a person or entity in violation of a term or condition of a permit, license, certificate, or registration issued by the board, an order or regulation adopted by the board, or a condition or reporting requirement for the diversion of floodwaters for groundwater recharge to be held civilly liable for an amount not to exceed $500 for each day in which the violation occurs. This bill would increase the amount of civil liability for the above-described violations to $1,000 for each day in which the violation occurs. The bill, if the violation is of a regulation or order adopted by the board that constitutes the diversion of water contrary to a curtailment order adopted by the board, would provide that a person or entity may be liable in an amount not to exceed $10,000 for each day in which the violation occurs, and $2,500 for each acre-foot of water diverted in violation of the curtailment order, beginning on the first day on which the violation occurs.