Existing law establishes in state government the Business, Consumer Services, and Housing Agency, comprised of the Department of Consumer Affairs, the Department of Housing and Community Development, the Department of Fair Employment and Housing, the Department of Business Oversight, the Department of Alcoholic Beverage Control, the Alcoholic Beverage Control Appeals Board, the California Horse Racing Board, and the Alfred E. Alquist Seismic Safety Commission. Existing law requires the Governor to create the Homeless Coordinating and Financing Council (referred to as "the coordinating council") and to appoint up to 19 members of that council, as provided. Existing law specifies the duties of the coordinating council, including creating partnerships among state agencies and departments, local government agencies, and specified federal agencies and private entities, for the purpose of arriving at specific strategies to end homelessness. This bill, upon appropriation by the Legislature or upon receiving technical assistance offered by the federal Department of Housing and Urban Development (HUD) , if available, would require the coordinating council to conduct, or contract with an entity to conduct, a statewide needs and gaps analysis to, among other things, identify state programs that provide housing or services to persons experiencing homelessness and create a financial model that will assess certain investment needs for the purpose of moving persons experiencing homelessness into permanent housing. The bill would provide that the council's obligation to conduct the statewide needs and gaps analysis is fulfilled if a technical assistance provider from HUD conducts the analysis on behalf of the council. The bill would require the council to work with the technical assistance provider to complete the analysis. The bill would authorize local governments to collaborate with the coordinating council or other entity conducting the analysis upon an appropriation by the Legislature to cover costs of the collaboration or upon provision of technical assistance by HUD. The bill would also require the coordinating council or any other entity conducting the analysis to seek input from the coordinating council's members on the direction of, design of data collection for, and items to be included in the statewide needs and gaps analysis. The bill would require the council to report on the analysis to specified committees in the Legislature by July 31, 2021. The bill would require the coordinating council or other entity conducting the analysis to evaluate all available data, including, among other things, data from other state departments and agencies. The bill would require a state department or agency with a member on the coordinating council to assist in data collection for the analysis by responding to data requests within 180 days, as specified. This bill would require the Department of Housing and Community Development (department) to set a benchmark goal in reducing homelessness by January 1, 2028, for the state pursuant to the statewide needs and gaps analysis. The bill would require the department to approve or work with local agencies, as defined, to identify, as provided, appropriate benchmark goals to reduce homelessness for each local agency and cities within each local agency. The bill would also require the department to set annual benchmarks to meet these benchmark goals. The bill, on or before January 1, 2022, would require each local agency to submit to the department an actionable county-level plan for meeting specific annual benchmarks, with the goal of achieving the state-identified benchmark goal. The bill would require each city in the local agency's jurisdiction to participate in the plan, and each local agency would be required to request and actively seek the participation of all homeless continuums of care that serve the local agency's jurisdiction. The bill would require the plan to include, among other things, a description and the amount of all funding sources the local agency, and any incorporated jurisdiction and continuum of care, has earmarked or committed to addressing homelessness, mental illness, and substance abuse within its jurisdiction. The bill would require the state and each local agency to submit an annual progress report to the department that details the progress and implementation of the adopted plan and any amendments proposed to the plan. This bill would require the department to review submitted plans and provide feedback and recommended revisions. The bill would require the state or a local agency to either adopt those recommended revisions, or adopt findings as to why the recommended revisions are not needed. The bill would require the department to monitor the implementation and progress of state and local agency plans. The bill would require the department to notify the state or the local agency and the inspector general if the agency fails, within a reasonable time, to make progress in accordance with their plan. The bill would provide that an innovative project to test new programs, as described, shall be deemed approved by the department if the department approves a plan or plan amendment with the innovative project and the local agency or city establishes and documents outcomes upon implementation of the project. This bill would establish an independent state officer, named the Housing and Homelessness Inspector General, within the department. The bill would require the Governor to appoint the Housing and Homelessness Inspector General, subject to confirmation by the Senate. The bill would, on and after January 1, 2022, authorize the inspector general to bring an action against the state, a local agency, or a city that fails to adopt a plan or fails, within a reasonable time, to make progress in accordance with their adopted plan. The bill, if the court finds that the state or applicable local agency or city has not substantially complied, would authorize the Housing and Homelessness Inspector General to request the court to issue an order or judgment directing the state, local agency, or city to substantially comply, as provided. The bill would authorize the inspector general to impose a civil penalty on the state, a local agency, or a city that is found to have deliberately and intentionally transported a homeless individual to a different jurisdiction in order to reduce the number of homeless individuals within their jurisdiction, as specified. By requiring local agencies to submit a county-level plan for meeting specific annual benchmarks relating to homelessness and to develop and implement a homelessness plan to achieve the benchmark goal developed by the department, 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, 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.
Sponsored bills
(1) The Child Care and Development Services Act, administered by the State Department of Education, requires the Superintendent of Public Instruction to administer childcare and development programs that offer a full range of services to eligible children from infancy to 13 years of age, inclusive. The act requires that families meet specified requirements to be eligible for federal- and state-subsidized childcare and development services. This bill would extend eligibility to a family in which a member of that family has been certified as fully eligible to receive CalFresh or Medi-Cal benefits. The bill would require a parent to provide documentation of current enrollment in CalFresh or Medi-Cal, unless the contractor providing childcare and development services has, and elects to use, other means of obtaining verification of that enrollment. The bill would authorize a family to submit a self-certification of income that is signed by the parent for the purpose of prioritizing enrollment and calculating family fees. (2) Existing law requires the department to arrange intraagency adjustments between California state preschool contracts and general childcare contracts for the same agency and funding allocation, and to establish timelines for intraagency contract fund transfers. This bill would additionally require the department to allow and arrange for interagency adjustments between those contracts for the same agency or different agencies and the same funding allocation, and to establish timelines for those interagency contract fund transfers. (3) Existing law requires the Superintendent to implement a plan establishing assigned reimbursement rates, per unit of average daily enrollment, to be paid by the state to provider agencies for the provision of childcare and development services. Existing law provides for an adjustment factor to be applied to units of average daily enrollment if a provider agency serves children who meet specified criteria. Existing law sets the adjustment factor based on the age of the child served, among other criteria. This bill would require those adjustment factors to continue to apply irrespective of whether a child is served in a commingled classroom that serves children from 0 to 12 years of age. The bill, during the 2020–21 fiscal year, would authorize a contractor providing childcare and development services under the act to provide those services to children from 0 to 12 years of age in classrooms with children of varying ages. (4) Existing law requires the Superintendent to establish a fee schedule for families using preschool and childcare and development services, as specified, and requires family fees to be assessed at initial enrollment and reassessed at the update of certification or recertification. Existing law encourages child development contractors to develop and maintain a reserve within the child development fund in the county treasury, derived from earned but unexpended funds. Existing law authorizes reserve funds to be expended for specified purposes. Existing law requires that 10% of specified reserve funds to be used solely for the purpose of professional development for California state preschool program instructional staff. This bill would authorize a contractor to waive family fees for families who are enrolled but who receive services only through distance learning. The bill would provide that the cost of waiving family fees under the above-described provision is an allowable use of contract funds received for providing childcare and development services, and would authorize a contractor to use reserve funds to cover the costs of a waiver. The bill would also delete the requirement that 10% of the specified reserve funds be used for that professional development purpose.
Existing law establishes the California State University and its various campuses under the administration of the Board of Trustees of the California State University. Existing law requires the trustees to adopt rules and regulations not inconsistent with the laws of this state for the governance of the trustees, their appointees and employees, and the California State University. Existing regulations require students of the California State University to complete courses in American history and American government or pass comprehensive examinations in those fields in order to graduate, with specified requirements and exceptions. This bill, commencing with the 2021–22 academic year, would require the California State University to provide for courses in ethnic studies at each of its campuses. The bill, commencing with students graduating in the 2024–25 academic year, would require the California State University to require, as an undergraduate graduation requirement, the completion of, at minimum, one 3-unit course in ethnic studies, as specified.
Existing law imposes taxes upon income and real property, as well as taxes upon certain transactions and excise taxes. This bill would impose an annual tax at a rate of 0.4% of a resident of this state's worldwide net worth in excess of $30,000,000, or in excess of $15,000,000 in the case of a married taxpayer filing separately. The bill would describe worldwide net worth with reference to specific federal provisions and would provide that worldwide net worth does not include specific assets, including directly held real property or liabilities related to directly held real property. The bill would also authorize the Franchise Tax Board to adopt regulations to carry out these provisions, including regulations regarding the valuation of certain assets that are not publicly traded. Existing law requires the Franchise Tax Board to administer the Personal Income Tax Law. This bill would require the Franchise Tax Board to amend or create returns with regard to the Wealth Tax. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
Existing law establishes the Homeless Housing, Assistance, and Prevention program for the purpose of providing jurisdictions with one-time grant funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. Upon appropriation, existing law requires the Business, Consumer Services, and Housing Agency to distribute $650,000,000 among continuums of care, cities, and counties pursuant to the program. By executive order, the Governor required the Department of Finance to establish the California Access to Housing and Services Fund, administered by the State Department of Social Services, to provide funding for additional affordable housing units, providing rental and operating subsidies, and stabilizing board and care homes. This bill, the California Access to Housing and Services Act, would establish the California Access to Housing and Services Fund in the State Treasury and continuously appropriate moneys in the fund solely for the purpose of implementing and administering the bill's provisions. The bill, for the 2020–21 fiscal year and each fiscal year thereafter, would require, upon appropriation by the Legislature, the Controller to transfer up to $2,000,000,000 from the General Fund to the fund and require the Department of Housing and Community Development and the State Department of Social Services to jointly administer the fund pursuant to a memorandum of understanding, as provided. The bill would provide that deposits into the fund may also include, but are not limited to, other state funds; private, nonprofit, or philanthropic donations; local government contributions; and any recoveries or reversions resulting from activities pursuant to the act. The bill would require the departments, in collaboration with the California Health and Human Services Agency and after deduction for administrative costs and certain allocations to the Governor's Office to End Homelessness, if the bill establishing that office is enacted, to allocate 55% of the moneys in the fund to counties and continuums of care that apply jointly, 45% to large cities, and 5% to developers operating in unincorporated areas and cities that are not eligible for an allocation. The bill would define various terms for these purposes. The bill would require that recipients and subrecipients ensure that any expenditure of moneys allocated to them serve the eligible population, as defined, unless otherwise expressly provided in the bill. The bill would require eligible recipients to apply for allocations and require the departments to evaluate those applications based on specified criteria and make annual allocations, as provided. The bill would require recipients to contractually obligate 100% of the amount allocated to them under the bill within 4 years, and expend the entirety of that amount within 5 years, of entering into a grant agreement with the departments, except for moneys used to provide a capitalized operating subsidy reserve, which the bill would require to be expended over a period of at least 17 years. If a developer awarded moneys under the bill does not comply with these time periods, the bill would require that the allocation revert to the fund. If a county and continuum of care or a large city does not comply with these time periods, is otherwise not in compliance with specified requirements under the bill, or does not apply for an allocation, the bill would require the departments to designate an alternate entity to administer the allocation until the departments approve a compliance plan submitted by the recipient, as provided. The bill would require the departments to evaluate the outcomes of the program and submit a report to specified committees of the Legislature every 5 years, beginning on January 1, 2023, as provided. The bill would specify various requirements for counties and continuums of care to jointly apply, and for a large city to apply, for allocations from the fund. The bill would also specify various eligible activities for which moneys allocated to counties and continuums of care that apply jointly or to large cities may be expended, which generally include services offered in connection with providing permanent housing and supportive housing, in the case of joint allocations to counties and continuums of care, and capital expenditures to fund the creation of affordable housing and supportive housing, in the case of allocations to large cities. The bill would require recipients under these provisions to comply with specified requirements, including a requirement that the recipient match 25% of the amount allocated to it, and quality standards for housing units assisted under the bill. The bill would require the departments to establish a process for awarding grants to these recipients in subsequent years. The bill would also require the Department of Housing and Community Development to provide grants to eligible developers based on a competitive application process and require the recipient to use that grant for development, acquisition, rehabilitation, preservation, motel conversion, and capitalized operating subsidy reserves in accordance with specified requirements. 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. If a local agency determines that a project is not subject to CEQA and approves or determines to carry out the project, CEQA authorizes the local agency to file a notice of exemption with the county clerk of each county in which the project will be located in a specified manner. This bill would exempt from CEQA specified actions taken by a large city in connection with making land available or approving the development of low barrier interim interventions, affordable housing, or supportive housing funded under the bill. The bill would require the large city to file a notice of exemption with the clerk of the county in which the large city is located and the Office of Planning and Research in the manner specified above.
The Personal Income Tax Law and California Constitution imposes taxes based upon taxable income of individuals, estates, and trusts at specified rates. This bill, for taxable years beginning on or after January 1, 2020, in addition to those taxes, would impose an additional tax of at the rates of 1%, 3%, and 3.5% on that portion of a taxpayer's taxable income over specified thresholds, as provided. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
Existing law confers a power of sale upon a mortgagee, trustee, or any other person to be exercised after a breach of the obligation for which the mortgage or transfer is a security. Existing law requires a trustee, mortgagee, or beneficiary to first file a record in the office of the recorder a notice of default, and establishes other requirements and procedures for completion of a foreclosure sale. This bill would prohibit a person from taking any action to foreclose on a residential real property while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 91 days after the state of emergency has ended, including, but not limited to, causing or conducting the sale of the real property or submitting for recordation a notice of default. Existing property tax law attaches taxes that are owed on that property as a lien against that property. Existing law generally requires the tax collector to attempt to sell residential property that has become tax defaulted 5 years or more after that property has become tax defaulted. This bill would require a tax collector to suspend the sale, and not attempt to sell, tax-defaulted properties while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 91 days after the state of emergency has ended. Existing law requires a county recorder to record any instrument, paper, or notice that is authorized or required to be recorded upon payment of proper fees and taxes. This bill would prohibit a party from submitting to a county recorder any instrument, paper, or notice that constitutes a notice of default, a notice of sale, or a trustee's deed upon sale for residential real property during the above-specified declared state of emergency relating to the COVID-19 virus. The bill would provide that any action for foreclosure on a mortgage or deed of trust of residential real property is stayed and the court may take no action unless the court finds that the action is required to further public health and safety and would extend the period for exercising rights, including right of redemption, until 90 days after the state of emergency ends. Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease. This bill would prohibit a party from submitting for filing a residential unlawful detainer complaint except to address issues of damage to the property, nuisance, or health and safety during the timeframe in which a state of emergency related to the COVID-19 virus is in effect and 91 days thereafter. The bill would prohibit a court from issuing a summons on a complaint for a residential unlawful detainer unless the court finds it is necessary to address damage to the property, nuisance, or health and safety, and would prohibit a court from entering a default or default judgment for restitution in an unlawful detainer action unless it is necessary to protect public health and safety. The bill would authorize a period of rent deferment of up to 12 months from 90 days after the state of emergency ends for a tenant who provides specified documentation to their landlord showing economic hardship resulting from COVID-19, including a substantial reduction in income or substantial out-of-pocket medical expenses. The bill would prohibit the imposition of late fees, fines, or interest during that time. The bill would make these provisions effective in a jurisdiction in which a state or locally declared state of emergency is in effect until 91 days after the state of emergency ends and would repeal these provisions on January 1, 2022. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would contain related findings regarding the economic hardships imposed by the COVID-19 virus. This bill would declare that it is to take effect immediately as an urgency statute. 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 establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools, provide instruction, and provide home-to-school transportation to pupils in kindergarten and grades 1 to 12, inclusive. The Passenger Charter-party Carriers' Act defines a transportation network company as an organization, whether a corporation, limited liability company, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled platform to connect passengers with drivers using a personal vehicle. Existing law requires a transportation network company to comply with specific requirements for liability insurance coverage, background checks, and other regulatory matters applicable to transportation network companies and their participating drivers, as defined. A violation of the act is a crime. This bill would prohibit a school district, county office of education, or charter school from contracting with a transportation network company for home-to-school transportation, and would prohibit payment from being made to a transportation network company for those services, unless specified requirements are met, including, among others, that the contractor certifies that each driver who will perform home-to-school transportation pursuant to the contract meets specified requirements. The bill would require a contractor to submit certification of compliance with those requirements with each request for payment pursuant to a contract. The bill would require a school district, county office of education, or charter school to ensure that the contract does not displace existing employees and to meet and confer with each affected exclusive bargaining representative and bargain over the impacts of the proposed contract.
Existing sales and use tax laws impose a tax on retailers measured by the 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. Those laws provide various exemptions from those taxes, including, until July 1, 2023, an exemption for the sale of, or the storage, use, or other consumption of, menstrual hygiene products, defined as tampons, specified sanitary napkins, menstrual sponges, and menstrual cups. Existing law requires the Department of Finance, beginning on May 15, 2020, to estimate the total dollar amount of revenue that would have been credited to the Local Revenue Fund 2011 if not otherwise exempted under the sales and use tax exemption for menstrual hygiene products and requires the Controller to transfer that amount from the General Fund to the Local Revenue Fund 2011, a continuously appropriated fund, no later than June 30 of each fiscal year. This bill would establish a similar exemption for the sale of, or the storage, use, or other consumption of, menstrual hygiene products beginning July 1, 2023, and would define menstrual hygiene products to additionally include menstrual underwear. The bill would provide that the Department of Finance is required to calculate, and the Controller is required to transfer, the total dollar amount of revenue prior to January 1, 2024, that would have been credited to the Local Revenue Fund 2011 if not otherwise exempted under the sales and use tax with respect to menstrual hygiene products, as specified. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.
Existing law prohibits a governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives any person of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States or by the Constitution or laws of California. This bill would authorize a person to bring a civil action against any responsible party, who, motivated by the person's protected status, knowingly causes a peace officer to arrive at a location to contact the person with the intent to, among other things, infringe upon the person's rights or cause the person to feel harassed, humiliated, or embarrassed. The bill would specify that a prevailing plaintiff who suffers harm as a result of a violation of these provisions may recover damages from the responsible party, including, but not limited to, damages for infliction of emotional distress and for damages caused by the peace officers responding to the call, and punitive damages, or, in lieu of actual damages, an award of statutory damages between $250 and $10,000, and reasonable attorney's fees and costs. Existing law defines "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law makes a hate crime punishable as either a misdemeanor or a felony if the crime was committed against the person or property of another for the purpose of intimidating or interfering with that other person's free exercise or enjoyment of their rights and if the crime meets specified criteria, including, among other things, that the crime against the person of another included the present ability to commit violent injury or caused actual physical injury. Existing law makes a felony that is a hate crime punishable by an additional term of one, 2, or 3 years in prison. Existing law makes it a misdemeanor to, knowing the report is false, falsely report to specified governmental entities that an emergency exists. Existing law makes this crime punishable as a felony if the person knows or should know that the response to the report is likely to cause death or great bodily injury, and great bodily injury or death is sustained by any person as a result of the false report. This bill would make a person who is falsely reported pursuant to those provisions considered a victim of the crime for the purposes of determining if the crime is a hate crime. The bill would additionally make a false report that is a hate crime punishable as a misdemeanor or a felony if it is committed for the purpose of intimidating or interfering with that other person's free exercise or enjoyment of their rights. By expanding the scope of a crime, this bill would create 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.