Existing law provides for the exclusion of a prospective juror from a trial jury by peremptory challenge. Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of an assumption that the prospective juror is biased merely because of the sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation of the prospective juror, or on similar grounds. This bill would, for all jury trials in which jury selection begins on or after January 1, 2022, prohibit a party from using a peremptory challenge to remove a prospective juror on the basis of the prospective juror's race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups. The bill would allow a party, or the trial court on its own motion, to object to the use of a peremptory challenge based on these criteria. Upon objection, the bill would require the party exercising the challenge to state the reasons the peremptory challenge has been exercised. The bill would require the court to evaluate the reasons given, as specified, and, if the court grants the objection, would authorize the court to take certain actions, including, but not limited to, starting a new jury selection, declaring a mistrial at the request of the objecting party, seating the challenged juror, or providing another remedy as the court deems appropriate. The bill would subject the denial of an objection to de novo review by an appellate court, as specified. The bill would, until January 1, 2026, specify that its provisions do not apply to civil cases.
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Existing law governs employment relations, defines the contract of employment, and establishes the obligations of employers to their employees. This bill would require an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. The bill would define the term "laid-off employee" to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding the state of emergency giving rise to the application of the bill's provisions, and whose most recent separation from active service was due to a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the state of emergency, as defined. The bill would also require an incumbent employer, within 15 days after the execution of a transfer document, to provide to the successor employer specified information pertaining to eligible employees and would require the successor employer to maintain and hire from a preferential hiring list for a specified time period. The bill would authorize an employee to enforce violations of these provisions by filing an action with the Division of Labor Standards and would authorize various remedies, including hiring and reinstatement rights and awarding of back pay.
(1) Existing law prohibits a person from selling a plastic product in the state that is labeled with the term "compostable," "home compostable," or "marine degradable" unless, at the time of sale, the plastic product meets the applicable ASTM standard specification or the Vincotte OK Compost HOME certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as "biodegradable," "degradable," or "decomposable," and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims. This bill would repeal the provision that conditionally prohibits the sale of a plastic product that is labeled "marine degradable." The bill would authorize the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers. The bill would authorize the Department of Resources Recycling and Recovery to adopt the European Committee for Standardization's standard specification for biodegradable mulch film plastic, or a standard that is equivalent to, or more stringent than, that standard, as specified. The bill would authorize the sale of commercial agricultural mulch film, as defined, labeled with the term "soil biodegradable" only if the department adopts the European Committee for Standardization's standard specification, or an equivalent or more stringent standard, and the commercial agricultural mulch film is certified to meet both that standard and the ASTM standard specification for compostability. The bill would update the name of a specified certification for home compost, the name of the organization that developed that certification, and the names of two ASTM standard specifications, and would make other conforming changes. (2) Existing law requires the department, by July 1, 2020, to convene a Statewide Commission on Recycling Markets and Curbside Recycling. Existing law requires the commission, by January 1, 2021, to, among other things, issue policy recommendations to achieve specified market development goals and waste reduction goals, and to identify products that are recyclable or compostable, as defined, and regularly collected in curbside recycling programs. This bill instead would require the commission to issue preliminary recommendations on or before January 1, 2021, and to issue final policy recommendations and identify the products described above by July 1, 2021. The bill would require the commission to provide an opportunity for the public to review and provide comment before finalizing a recommendation or identifying a product described above. The bill would authorize the commission to share the recommendations and identifications with the Legislature or any state or federal agency. (3) Existing law requires a business that generates 4 cubic yards or more of commercial solid waste or organic waste per week to arrange for recycling services, as specified. Existing law requires a business that is subject to either of those requirements and that provides customers access to the business to provide customers with a recycling bin or container for that waste stream that complies with prescribed requirements. This bill would specify that, for a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility that is subject to either of those requirements, the requirement to provide customers with a recycling bin or container applies on and after January 1, 2022.
Existing law, subject to exceptions, generally makes it an offense to manufacture or sell an unsafe handgun, as defined, and requires the Department of Justice to compile a roster listing all of the handguns that have been tested and determined not to be unsafe handguns. Existing law establishes criteria for determining if a handgun is an unsafe handgun, including, for firearms manufactured after a certain date and not already listed on the roster, the lack of a chamber load indicator, magazine disconnect mechanism, and technology that transfers a microscopic array of characters from the firearm to the cartridge case when the firearm is fired, known as a microstamp. Existing law requires the microstamp to be transferred to the cartridge upon firing and to be imprinted in 2 or more places on the internal working parts of the handgun. This bill, effective July 1, 2022, would revise the criteria for unsafe handguns by requiring the microstamp to be imprinted in one place on the interior of the handgun, and would require the department, for every new firearm added to the roster, to remove, as specified, 3 firearms from the roster that are not compliant with current requirements. By expanding the number of firearms the sale or manufacture of which would be a crime, this bill would impose a state-mandated local program. The bill would authorize the department to adopt emergency regulations, as specified, to implement the provisions of this bill. 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 prohibits, except as specified, the sale of a hypodermic needle or syringe at retail except upon the prescription of a physician, dentist, veterinarian, podiatrist, or naturopathic doctor. This bill would repeal that provision. Existing law, until January 1, 2021, authorizes a physician or pharmacist to, without a prescription or permit, furnish hypodermic needles and syringes for human use to a person 18 years of age or older, and authorizes a person 18 years of age or older to, without a prescription or license, obtain hypodermic needles and syringes solely for personal use from a physician or pharmacist, as a public health measure, as specified. This bill would extend this authority until January 1, 2026, and would make other conforming changes. Existing law makes it a misdemeanor for a person to obtain a hypodermic needle or hypodermic syringe by a false or fraudulent representation or design or by a forged or fictitious name. Existing law also makes it a misdemeanor for a person who has obtained a hypodermic needle or hypodermic syringe from any person to whom a permit has been issued to use, or permit or cause, directly or indirectly, the hypodermic needle or hypodermic syringe to be used for any purpose other than that for which it was obtained. This bill would repeal those provisions and make other conforming changes. Existing law establishes the Disease Prevention Demonstration Project, a collaboration between pharmacies and local and state health officials for the purpose of evaluating the long-term desirability of allowing licensed pharmacists to furnish or sell nonprescription hypodermic needles or hypodermic syringes to prevent the spread of bloodborne pathogens. This bill would repeal those provisions.
Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Existing law provides that an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any separate interest in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective before the date the owner acquired title to the owner's separate interest. Existing law permits an owner of a separate interest of a common interest development, despite the above provision, to expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. Existing law makes these provisions applicable only to a provision in a governing document or a provision in an amendment to a governing document that became effective on or after January 1, 2012. This bill would delete the provision limiting the application to governing documents that became effective on or after January 1, 2012, and would also delete the provision authorizing an owner to expressly consent to be subject to a prohibition on renting or leasing of the owner's separate interest. The bill would provide that an owner of a separate interest in a common interest development is not subject to a provision in a governing document or an amendment to a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the rental or leasing of any of the separate interests, accessory dwelling units, or junior accessory dwelling units in that common interest development to a renter, lessee, or tenant. The bill would prohibit a common interest development from adopting or enforcing a provision that restricts the rental or lease of separate interests to less than 25% of the separate interests in the common interest development. The bill would specify that these provisions do not prohibit a common interest development from adopting a provision in a governing document that prohibits transient or short-term rentals of 30 days or less. Existing law requires a local agency to ministerially approve or deny a permit application for the creation of an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. This bill would deem a permit application for the creation of an accessory dwelling unit or junior accessory dwelling unit approved if the local agency has not acted upon the completed application within 60 days. Existing law requires ministerial approval of an application for a building permit within a residential or mixed-use zone to create one accessory dwelling unit or one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if certain requirements are met. This bill would instead require ministerial approval of an application for a building permit within a residential or mixed-use zone to create one accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if certain requirements are met. Existing law authorizes a local agency to require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. This bill would instead specify that the percolation test, described above, may be required as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system. This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by SB 1030 to be operative only if this bill and SB 1030 are enacted and this bill is enacted last. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By increasing the duties of local agencies with respect to land use regulations, 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 provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units to allow single-family or multifamily dwelling residential use in accordance with specified standards and conditions. This bill would require the Treasurer, within 6 months of the effective date of these provisions, to develop the Help Homeowners Add New Housing Program with the purpose of assisting homeowners, as defined, in qualifying for loans to construct additional housing units on their property, including accessory dwelling units and junior accessory dwelling units. The bill would, with regard to the development of the program, require the Treasurer to consult with the California Housing Financing Agency and the Department of Housing and Community Development and would authorize the Treasurer to consult with private lenders. The bill would require the program to be developed to provide partial loan guarantees and other credit enhancements for homeowners in order to induce private lenders to issue loans for the construction of additional dwelling units, as specified. The bill would require the state to partner with private lenders with a history of originating federally backed construction loans or loans for accessory dwelling units and require originating lenders to retain a specified amount of risk determined by the Treasurer. The bill would require the Treasurer to develop minimum criteria for homeowners and originating lenders to participate in the program, as specified. The bill would require the Treasurer to establish a premium, fee, and interest structure to adequately cover the risk of loan defaults and the actual operating costs of the program, and would require those moneys to be deposited into the Help Homeowners Add New Housing Account. Existing law establishes the California Housing Finance Fund and continuously appropriates all money in the fund to the California Housing Finance Agency for purposes of financing the various programs that it administers. The bill would establish the Help Homeowners Add New Housing Account within the California Housing Finance Fund and specify that the moneys in the account are continuously appropriated for purposes of the program. The bill would require the agency, in coordination with the Treasurer, to issue revenue bonds in a principal amount determined by the Treasurer to be necessary to provide sufficient funding for the purposes of the program, as specified. The bill would specify that the bonds do not constitute a debt or liability of the state or of any political subdivision thereof, as specified.
Existing law authorizes a governing body of a political subdivision, as those terms are defined, to declare a shelter crisis if the governing body makes a specified finding. Upon declaration of a shelter crisis, existing law, among other things, suspends certain state and local laws, regulations, and ordinances, including those prescribing standards of housing, health, or safety, to the extent that strict compliance would prevent, hinder, or delay the mitigation of the effects of the shelter crisis and allows a city, county, or city and county, in lieu of compliance, to adopt by ordinance reasonable local standards and procedures for the design, site development, and operation of homeless shelters and the structures and facilities therein. Existing law, upon a declaration of a shelter crisis by specified local jurisdictions, specifies additional provisions applicable to a shelter crisis declared by one of those jurisdictions. Existing law, among other things, exempts from the California Environmental Quality Act specified actions by a state agency or a city, county, or city and county relating to land owned by a local government to be used for, or to provide financial assistance to, a homeless shelter constructed pursuant to these provisions, and provides that homeless shelters constructed or allowed pursuant to these shelter crisis declarations are not subject to specified laws, including the Special Occupancy Parks Act. Existing law also defines a "homeless shelter" as a facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless that is not in existence after the declared shelter crisis. Existing law requires a city, county, or city and county that declares a shelter crisis pursuant to these provisions to develop a plan to address the shelter crisis on or before July 1, 2019, or July 1, 2020, as applicable, and to annually report particular information, as indicated, to specified committees of the Legislature on or before January 1, 2019, or on or before January 1 of the year following the declaration of the shelter crisis, as applicable, and annually thereafter until January 1, 2023. Existing law repeals these additional provisions as of January 1, 2023. This bill would apply those additional provisions to a shelter crisis declared by any county or city. By expanding the scope of these provisions to apply within any county or city that has declared a shelter crisis, the bill would expand the above-described exemption from the California Environmental Quality Act. This bill would require jurisdictions that adopt ordinances under the act, to, at a minimum, meet the standards provided in the 2019 California Residential Code Appendix X, the 2019 California Building Code Appendix O, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities unless that jurisdiction provides, when filing their ordinance with the Department of Housing and Community Development, an explanation of why the standards cannot be met and how the standards in the ordinance protect health and safety. The bill requires jurisdictions to provide the same information in their annual report to the Legislature. The bill would additionally exempt homeless shelters that are constructed or allowed pursuant to the shelter crisis declarations from the Recreational Vehicle Park Occupancy Law, which governs occupancy and tenancy of recreational vehicle parks. The bill would also revise the definition of a "homeless shelter" to include a parking lot owned or leased by a city, county, or city and county specifically identified as one allowed for safe parking by homeless and unstably housed individuals. The bill would require the county or city to develop the above-described shelter plan on or before July 1, 2021, or on or before July 1 of the year following the declaration of the shelter crisis, as specified, and to include a plan to transition residents from homeless shelters to permanent housing. The bill would require the above-described annual report, for reports due by January 1, 2022, and thereafter, to include the bed capacity of new homeless shelters built, as specified. The bill would require a declaration of a shelter crisis by a city, county, or city and county and those additional provisions that are or may be utilized by a city, county, or city and county to apply to any land owned or leased by an agency or entity created pursuant to the Joint Exercise of Powers Act, if the city, county, or city and county that declared a shelter crisis is one of the parties to the agreement creating the entity or agency and the real property owned or leased by the agency or entity is located within the jurisdiction of the city, county, or city and county that declared the shelter crisis. The bill would extend the repeal date of these provisions to January 1, 2026. This bill would declare that it is to take effect immediately as an urgency statute.
(1) The California Beverage Container Recycling and Litter Reduction Act requires every beverage container sold or offered for sale in this state to have a minimum refund value. Under the act, the Department of Resources Recycling and Recovery is required to calculate a processing fee for each beverage container with a specified scrap value, which is required to be paid by beverage manufacturers for each beverage container sold or transferred to a distributor or dealer. The act requires each glass container manufacturer to use a minimum percentage of 35% of postfilled glass in the manufacturing of its glass food, drink, or beverage containers, except as specified. Existing law provides that a violation of the act or a regulation adopted pursuant to the act is a crime. This bill, on and after January 1, 2022, would require the total number of plastic beverage containers filled with a beverage sold by a beverage manufacturer, as specified, to contain, on average, specified amounts of postconsumer recycled plastic content per year pursuant to a tiered plan that would require the total number of plastic beverage containers to contain, on average, no less than 50% postconsumer recycled plastic content per year on and after January 1, 2030, except as specified. The bill would impose annual administrative penalties, calculated as prescribed, on a beverage manufacturer for violating these requirements, except as specified. The bill would authorize the department to enforce these provisions and conduct audits and investigations of a beverage manufacturer for the purpose of ensuring compliance. The bill would exempt from the California Public Records Act certain trade secrets and proprietary information resulting from those audits and investigations. The bill would require administrative penalties collected to be deposited in the Recycling Enhancement Penalty Account, which the bill would create. The bill would require moneys in the Recycling Enhancement Penalty Account to be expended upon appropriation for the sole purpose of supporting the recycling, infrastructure, collection, and processing of plastic beverage containers in the state. The bill would authorize the department, if the Legislature makes an appropriation before June 15, 2027, for this purpose, to contract with a research university to study specified markets and would authorize the department to allocate moneys from the California Beverage Container Recycling Fund, upon that appropriation, for the study if certain conditions are met. If that appropriation is made and the department undertakes the study, the bill would require the study to be completed by May 1, 2028. The bill would prohibit a city, county, or other local government jurisdiction from adopting an ordinance regulating the minimum recycled plastic content requirements for plastic beverage containers. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. (2) Existing law requires a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, as specified, to annually report to the department the amount of virgin plastic and postconsumer recycled plastic used by the manufacturer for plastic beverage containers subject to the California Redemption Value for sale in the state in the previous calendar year. This bill would require, beginning March 1, 2024, and annually thereafter, a plastic material reclaimer to report to the department the amount in pounds and by resin type of empty plastic beverage containers subject to the California Redemption Value that the plastic material reclaimer has collected and sold in the previous calendar year. The bill would require, beginning March 1, 2024, and annually thereafter, a manufacturer of postconsumer recycled plastic to report to the department the amount in pounds of food-grade flake, pellet, sheet, fines, or other forms that were sold in the previous calendar year and its capacity to produce food-grade material, as specified. The bill would require a plastic material reclaimer and a manufacturer of postconsumer recycled plastic to report the required information under penalty of perjury. By requiring that the information be submitted under penalty of perjury, the bill would expand the crime of perjury and impose a state-mandated local program. (3) Existing law requires all rigid plastic bottles and rigid plastic containers sold in California to be labeled with a code that indicates the resin used to produce the rigid plastic bottle or rigid plastic container. This bill would exempt rigid plastic containers or rigid plastic bottles that are medical devices, medical products that are required to be sterile, prescription medicine, and packaging used for those products from the labeling requirement described above. (4) 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. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
This measure would designate a specified portion of State Route 35 that runs through the City of Daly City in the County of San Mateo as the Alice Peña Bulos Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.