Asm. Phil Ting

This measure would designate a specified portion of State Route 50 in the County of El Dorado as the Deputy Sheriff Brian "Ish" Ishmael Memorial Highway. The measure would request that the Department of Transportation determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use plastic straws. The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. Existing law makes a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by 2020. This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would impose a comprehensive regulatory scheme on producers, retailers, and wholesalers of single-use packaging, as defined, and priority single-use products, as defined, made partially or entirely of plastic, to be administered by the department. As part of that regulatory scheme, the bill would require producers, as defined, (A) to source reduce, to the maximum extent feasible, single-use packaging and priority single-use products, and (B) to ensure that all single-use packaging and priority single-use products that are manufactured on or after January 1, 2032, and that are offered for sale, sold, distributed, or imported in or into the state are recyclable or compostable. The bill would require the department to achieve and maintain, by January 1, 2032, a statewide 75% reduction of the waste generated from single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state through source reduction, recycling, or composting. The bill would require the department, by January 1, 2025, to adopt regulations to implement the act and, before adopting the regulations, to conduct extensive outreach, as prescribed, and to identify and evaluate specified provisions for potential inclusion in the regulations. The bill would require the department to establish a Circular Economy and Waste Pollution Reduction Panel for the purpose of identifying barriers and solutions to creating a circular economy consistent with the act. The regulatory scheme would include, among other requirements, registration, reporting, and recordkeeping requirements. The bill would require reports and data provided to the department pursuant to the act to be accurate and attested to under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would prohibit a retailer or wholesaler, as defined, from offering for sale or selling single-use packaging, products packaged in single-use packaging, or priority single-use products if the producer of the single-use packaging or priority single-use product is listed as noncompliant for that packaging or product category on the department's internet website on a list that the bill would require the department to post, as specified. The bill would prohibit certain online marketplaces, upon notification from the department, from allowing on the online marketplaces the offering for sale, sale, or distribution into the state of single-use packaging, a product packaged in single-use packaging, or a priority single-use product if the product or packaging is identified as noncompliant with the act in the notice provided by the department. The bill would require the department to develop criteria to determine whether the packaging or priority single-use products are reusable, recyclable, or compostable. The bill would authorize local governments, solid waste facilities, recycling facilities, and composting facilities to provide information requested by the department for purposes of developing that criteria. The bill would require single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state by a producer to meet specified recycling rates that are based on date of manufacture and that increase over a prescribed timeframe, and would authorize the department to impose a higher or lower recycling rate for packaging or product categories, as specified. The bill would require the department to establish and post on its internet website a list of packaging and product categories, and current recycling rates being achieved in the state for those packaging and product categories, as specified. The bill would require the department to adopt regulations containing specified provisions authorizing the establishment of a stewardship program. The bill would authorize producers to collectively form one or more stewardship organizations that adopt a stewardship plan as an alternative to individually complying with the above-referenced comprehensive regulatory scheme. The bill would require the department to establish, and a producer to remit to the California Department of Tax and Fee Administration, the California circular economy regulatory fee. The bill would require the department to set the amount of the regulatory fee at no more than is necessary to cover the reasonable regulatory costs of the above-referenced comprehensive regulatory scheme and stewardship program, and would authorize a stewardship organization to pay the regulatory fee on behalf of its member producers, as specified. The bill would require the California Department of Tax and Fee Administration to collect the regulatory fee in accordance with the Fee Collection Procedures Law, as prescribed. The bill would require the regulatory fees to be deposited into the California Circular Economy Fund, which the bill would create. The bill would provide that moneys in the fund shall be available upon appropriation by the Legislature to the department to fund the regulatory activities of the act and to the California Department of Tax and Fee Administration for expenses incurred in the collection of the regulatory fee. The bill would require the department to report to the Legislature every 2 years its progress in implementing the act. The bill would provide for exceptions to, and enforcement of, the act, including authorizing the department to impose an administrative civil penalty in an amount not to exceed $50,000 per day per violation, except as specified, on an entity that is not in compliance with the act's requirements. The bill would require the department to deposit collected penalties into the Circular Economy Penalty Account, which the bill would create. The bill would provide that moneys in the account shall be available upon appropriation by the Legislature for purposes that further the act. (2) The California Integrated Waste Management Act of 1989 requires each city and county, and each regional agency formed pursuant to the act, to develop a source reduction and recycling element of an integrated waste management plan to divert 50% of all solid waste, through source reduction, recycling, and composting activities. This bill would prohibit a city, county, city and county, or other local public agency from requiring a grocery store, as defined, to use a certain type of food packaging for any food sold in the grocery store unless the majority of residential households within the jurisdiction of the local agency have access to a curbside program, as defined, that accepts the material from which that food packaging is made. The bill would also prohibit those local agencies from requiring a grocery store to use a food packaging container that does not meet specified criteria. The bill would repeal these provisions as of January 1, 2032. (3) The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires an out-of-state vendor shipping beer into the state to hold a certificate of compliance granted by the department, as prescribed. The act authorizes the department to suspend or revoke the certificate of compliance, as specified, if an out-of-state vendor, after obtaining the certificate, fails to submit a certain monthly report or fails to comply with a particular provision of the California Beverage Container Recycling and Litter Reduction Act. This bill would authorize the department to suspend or revoke the certificate of compliance of an out-of-state vendor that fails to comply with the California Circular Economy and Plastic Pollution Reduction Act. (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.

(1) Existing law, known as the Vehicle Leasing Act, specifies requirements for contracts for leases of motor vehicles, including the requirement that the contract contain prescribed information regarding the motor vehicle and the terms of the lease. This bill would authorize an electric mobility manufacturer to enter into a business transaction, consumer transaction, or government transaction, as those terms are defined, with a consumer for use of an electric mobility manufacturer vehicle and any other membership benefits in exchange for a membership fee or membership initiation fee. The bill would require a membership agreement between an electric mobility manufacturer and a consumer to include specified information, including, but not limited to, a statement of the terms and conditions for the right to use the electric mobility manufacturer vehicle. This bill would require an electric mobility manufacturer to obtain specified information from a consumer before providing the consumer with an electric mobility manufacturer vehicle, including proof that the consumer has valid insurance or elects to purchase insurance and a copy of the consumer's valid driver's license. The bill would require an electric mobility manufacturer to ensure an electric mobility manufacturer vehicle is registered with the relevant state and local agencies and all fees necessary to operate the vehicle are paid. This bill would limit the maximum liability of a consumer resulting from damage to an electric mobility manufacturer vehicle in their possession, as specified. The bill would, except as specified, prohibit an electric mobility manufacturer from disclosing identifiable personal information, utilizing electronic tracking information, or disabling a vehicle by using keyless entry technology. This bill would subject any electric mobility manufacturer that violates any of these provisions to a civil penalty of not less than $100, and not to exceed $2,000, in addition to actual damages plus reasonable attorney's fees and costs, as specified. (2) Existing law establishes a New Motor Vehicle Board that regulates the activities or practices of a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representative. Existing law requires licensing by the Department of Motor Vehicles to perform these activities for specified types of vehicles. Existing law generally requires a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles of a type subject to registration, or snowmobiles, motorcycles, all-terrain vehicles, or trailers of a type subject to identification, to make an application to the department for a license containing a general distinguishing number, and prohibits a person from acting in that capacity without having first been issued that license or temporary permit by the department. This bill would require an electric mobility manufacturer to obtain the above-described vehicle manufacturer license, which would authorize an electric mobility manufacturer to enter into business, consumer, and government transactions with consumers in this state pursuant to a membership agreement. Existing law, the Consumer Automotive Recall Safety Act, generally prohibits an applicable dealer or rental car company, as defined, from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturer's recall after receiving a notice of the recall, as specified, until the vehicle has been repaired. This bill would make an electric mobility manufacturer subject to the Consumer Automotive Recall Safety Act and other requirements relating to recalls and consumer notifications and would require an electric mobility manufacturer to adhere to prescribed standards, including sending a written notice to each consumer in possession of an electric mobility manufacturer vehicle. This bill would specify that these provisions only apply to electric mobility manufacturers.

Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would prohibit the use of kinetic energy projectiles or chemical agents, as defined, by any law enforcement agency to disperse any assembly, protest, demonstration, or other gathering of persons, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would prohibit the use of chloroacetophenone tear gas or 2-chlorobenzalmalononitrile gas by law enforcement agencies to disperse any assembly, protest, demonstration, or other gathering of persons. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be fired at a specific target who presents a clear and imminent threat to themselves, the officers, or other persons. The bill would make these provisions inapplicable within a state prison facility. Existing law requires specified law enforcement agencies, by no later than January 1, 2021, to maintain a policy on the use of force that meets specified requirements. This bill would require those agencies, by no later than January 1, 2022, to include in those policies specified guidelines relating to deployment at assemblies, protests, demonstrations, and similar gatherings of people. Existing law requires each law enforcement agency to annually report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified. The bill would also require each law enforcement agency, beginning on January 1, 2023, to report any incident in which a kinetic energy projectile or chemical agent is used against a person resulting in a reported injury. The bill would require those agencies, commencing on March 31, 2024, to annually publish a report on their use of kinetic energy projectiles and chemical agents. The bill would require a city in which federal law enforcement is operating to request that the federal law enforcement agency refrain from the use of kinetic energy projectiles or chemical agents to disperse any assembly, protest, demonstration, or other gathering, except as specified in the standards. By imposing new duties on law enforcement agencies and cities, 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, 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.

This measure would urge each bank with which the State of California has a business relationship to evaluate its commercial relationship with gun manufacturers and to consider the repercussions of that relationship, and urge all banks to discuss their lending practices with their shareholders and to adopt lending practices that mirror the people of California's values of protecting citizens before profit.

(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use plastic straws. The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. Existing law makes a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by 2020. This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would impose a comprehensive regulatory scheme on producers, retailers, and wholesalers of single-use packaging, as defined, and priority single-use products, as defined, made partially or entirely of plastic, to be administered by the department. As part of that regulatory scheme, the bill would require producers, as defined, (A) to source reduce, to the maximum extent feasible, single-use packaging and priority single-use products, and (B) to ensure that all single-use packaging and priority single-use products that are manufactured on or after January 1, 2032, and that are offered for sale, sold, distributed, or imported in or into the state are recyclable or compostable. The bill would require the department to achieve and maintain, by January 1, 2032, a statewide 75% reduction of the waste generated from single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state through source reduction, recycling, or composting. The bill would require the department, by January 1, 2025, to adopt regulations to implement the act and, before adopting the regulations, to conduct extensive outreach, as prescribed, and to identify and evaluate specified provisions for potential inclusion in the regulations. The bill would require the department to establish a Circular Economy and Waste Pollution Reduction Panel for the purpose of identifying barriers and solutions to creating a circular economy consistent with the act. The regulatory scheme would include, among other requirements, registration, reporting, and recordkeeping requirements. The bill would require reports and data provided to the department pursuant to the act to be accurate and attested to under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would prohibit a retailer or wholesaler, as defined, from offering for sale or selling single-use packaging, products packaged in single-use packaging, or priority single-use products if the producer of the single-use packaging or priority single-use product is listed as noncompliant for that packaging or product category on the department's internet website on a list that the bill would require the department to post, as specified. The bill would prohibit certain online marketplaces, upon notification from the department, from allowing on the online marketplaces the offering for sale, sale, or distribution into the state of single-use packaging, a product packaged in single-use packaging, or a priority single-use product if the product or packaging is identified as noncompliant with the act in the notice provided by the department. The bill would require the department to develop criteria to determine whether the packaging or priority single-use products are reusable, recyclable, or compostable. The bill would authorize local governments, solid waste facilities, recycling facilities, and composting facilities to provide information requested by the department for purposes of developing that criteria. The bill would require single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state by a producer to meet specified recycling rates that are based on date of manufacture and that increase over a prescribed timeframe, and would authorize the department to impose a higher or lower recycling rate for packaging or product categories, as specified. The bill would require the department to establish and post on its internet website a list of packaging and product categories, and current recycling rates being achieved in the state for those packaging and product categories, as specified. The bill would require the department to adopt regulations containing specified provisions authorizing the establishment of a stewardship program. The bill would authorize producers to collectively form one or more stewardship organizations that adopt a stewardship plan as an alternative to individually complying with the above-referenced comprehensive regulatory scheme. The bill would require the department to establish, and a producer to remit to the California Department of Tax and Fee Administration, the California circular economy regulatory fee. The bill would require the department to set the amount of the regulatory fee at no more than is necessary to cover the reasonable regulatory costs of the above-referenced comprehensive regulatory scheme and stewardship program, and would authorize a stewardship organization to pay the regulatory fee on behalf of its member producers, as specified. The bill would require the California Department of Tax and Fee Administration to collect the regulatory fee in accordance with the Fee Collection Procedures Law, as prescribed. The bill would require the regulatory fees to be deposited into the California Circular Economy Fund, which the bill would create. The bill would provide that moneys in the fund shall be available upon appropriation by the Legislature to the department to fund the regulatory activities of the act and to the California Department of Tax and Fee Administration for expenses incurred in the collection of the regulatory fee. The bill would require the department to report to the Legislature every 2 years its progress in implementing the act. The bill would provide for exceptions to, and enforcement of, the act, including authorizing the department to impose an administrative civil penalty in an amount not to exceed $50,000 per day per violation, except as specified, on an entity that is not in compliance with the act's requirements. The bill would require the department to deposit collected penalties into the Circular Economy Penalty Account, which the bill would create. The bill would provide that moneys in the account shall be available upon appropriation by the Legislature for purposes that further the act. (2) The California Integrated Waste Management Act of 1989 requires each city and county, and each regional agency formed pursuant to the act, to develop a source reduction and recycling element of an integrated waste management plan to divert 50% of all solid waste, through source reduction, recycling, and composting activities. This bill would prohibit a city, county, city and county, or other local public agency from requiring a grocery store, as defined, to use a certain type of food packaging for any food sold in the grocery store unless the majority of residential households within the jurisdiction of the local agency have access to a curbside program, as defined, that accepts the material from which that food packaging is made. The bill would also prohibit those local agencies from requiring a grocery store to use a food packaging container that does not meet specified criteria. The bill would repeal these provisions as of January 1, 2032. (3) The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires an out-of-state vendor shipping beer into the state to hold a certificate of compliance granted by the department, as prescribed. The act authorizes the department to suspend or revoke the certificate of compliance, as specified, if an out-of-state vendor, after obtaining the certificate, fails to submit a certain monthly report or fails to comply with a particular provision of the California Beverage Container Recycling and Litter Reduction Act. This bill would authorize the department to suspend or revoke the certificate of compliance of an out-of-state vendor that fails to comply with the California Circular Economy and Plastic Pollution Reduction Act. (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.

The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. The Public Utilities Act authorizes the commission to supervise and regulate every public utility, including electrical corporations, and to do all things that are necessary and convenient in the exercise of that power and jurisdiction. 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 authorizes the commission, in a proceeding on an application by an electrical corporation to recover costs and expenses arising from a catastrophic wildfire occurring on or after January 1, 2019, to allow cost recovery if the costs and expenses are just and reasonable, after consideration of the conduct of the utility, including consideration of specified factors. Existing law establishes the Wildfire Fund to pay eligible claims arising from a covered wildfire, as provided. Existing law requires the commission to initiate a rulemaking proceeding to consider using its existing authority to require certain electrical corporations to collect a nonbypassable charge from its ratepayers to support the Wildfire Fund, and requires the commission to direct those electrical corporations to collect that charge if the commission determines that the imposition of the charge is just and reasonable and that it is an appropriate exercise of its authority, as specified. This bill would enact the Wildfire Prevention and Community Resilience Act of 2020 and would require the Natural Resources Agency, in consultation with the commission, to adopt an interim expenditure plan and an expenditure plan that are focused on reducing wildfire risk on the ground and in communities through activities such as defensible space implementation, home hardening, improved public safety, including expenditures to add trained emergency medical technicians to the workforce, and other authorized activities, as well as to prepare residents for wildfires through public education and outreach, as provided. The bill would establish the Wildfire Prevention and Community Resilience Fund and, upon appropriation by the Legislature, would require moneys in the fund be used for the implementation of those plans. The bill would require the Secretary of the Natural Resources Agency, upon the adoption of the interim plan, to notify the State Controller of the adoption. The bill would require, within 30 days of the notification, the transfer of $500,000,000 from the Surplus Money Investment Fund to the Wildfire Prevention and Community Resilience Fund, and would appropriate the money to the Natural Resources Agency for the implementation of the interim expenditure plan. The bill would provide for the repayment of the moneys transferred from the Wildfire Prevention and Community Resilience Fund to the Surplus Money Investment Fund, as provided. The bill would require the commission to require large electrical corporations, as defined, to collect, on and after a specified time, a nonbypassable charge from their ratepayers, as provided, to finance the bonds issued for the support of the Wildfire Prevention and Community Resilience Fund, as described below. Existing law, until January 1, 2003, authorizes the Department of Water Resources to enter into contracts for the purchase of electric power. Existing law authorizes the department to sell power to retail end use customers and local publicly owned electric utilities under certain circumstances. Existing law authorizes the department to issue revenue bonds and entitles the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds and purchase electric power pursuant to these provisions. Existing law authorizes the department to issue Wildfire Fund bonds on and after either the date on which the department legally defeases all of its remaining bonds under the provisions described above or the date on which it pays those obligations in full at maturity, whichever is earlier, to support the Wildfire Fund. Existing law entitles the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds in support of the Wildfire Fund. Existing law requires those bond proceeds and revenues received by the department to be deposited in the Department of Water Resources Charge Fund. Existing law continuously appropriates the moneys in the Department of Water Resources Charge Fund to the department for specified purposes, including transfers to the Wildfire Fund and repayment of the bonds issued in support of the Wildfire Fund. This bill would authorize the department to issue bonds, in an aggregate amount of up to $3,000,000,000, the repayment of which, including interest, commences on the date on which the department has paid in full, at maturity, or legally defeases any outstanding bonds issued for the support of the Wildfire Fund or on January 1, 2036, whichever is later, to support the Wildfire Prevention and Community Resilience Fund. The bill would entitle the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds in support of the Wildfire Prevention and Community Resilience Fund. The bill would require those bond proceeds and revenues received by the department to be deposited in the Department of Water Resources Charge Fund. The bill would continuously appropriate the moneys in the Department of Water Resources Charge Fund to the department for specified purposes, including transfers to the Wildfire Prevention and Community Resilience Fund and repayment of the bonds issued for the support of the Wildfire Prevention and Community Resilience Fund. 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 certain of the above provisions would be codified in the act and would require action by the commission, a violation of which would be a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 3289 of the Public Utilities Code proposed by SB 350 to be operative only if this bill and SB 350 are enacted and this bill is enacted last. 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 bill would declare that it is to take effect immediately as an urgency statute.

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 (EIR) 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. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA authorizes the preparation of a master EIR and authorizes the use of the master EIR to limit the environmental review of subsequent projects that are described in the master EIR, as specified. This bill would require a lead agency to prepare a master EIR for a general plan, plan amendment, plan element, or specified plan for housing projects where the state has provided funding for the preparation of the master EIR. The Jobs and Economic Improvement Through Environmental Leadership Act of 2011 (leadership act) authorizes the Governor, until January 1, 2020, to certify projects that meet certain requirements, including a requirement that the project applicant agrees to pay the costs of the court of appeal in hearing and deciding a case challenging a lead agency's action on a certified project and certain labor-related requirements, for streamlining benefits provided by the leadership act related to compliance with CEQA and streamlining of judicial review of action taken by a public agency to require a judicial action to be resolved within 270 days of the filing of the certified record of proceedings with the court. The leadership act provides that if a lead agency fails to approve a project certified by the Governor before January 1, 2021, the certification expires and is no longer valid. The leadership act requires a lead agency to prepare the record of proceedings for the certified project concurrent with the preparation of the EIR. The leadership act is repealed by its own terms on January 1, 2021. This bill would extend the authority of the Governor to certify a project to January 1, 2024. The bill would authorize the Office of Planning and Research to charge a fee on an applicant seeking certification for costs incurred by the Governor's office in the implementation of the leadership act. The bill would additionally include housing development projects, as defined, meeting certain conditions as projects eligible for certification. The bill would, except for those housing development projects, require the quantification and mitigation of the impacts of a project from the emissions of greenhouse gases, as provided. The bill would provide for the certification by the Governor of a project alternative described in an EIR for a certified project, as provided. The bill would additionally require the project applicant, as a condition of certification, to agree to pay for the costs of the trial court in hearing and deciding the case. The bill would revise and recast the labor-related requirements for projects undertaken by public agencies and for projects undertaken by private entities. The bill would instead specify that the time period for the final resolution of any judicial action is 270 business days after the filing of the record of proceedings with the court. The bill would provide that the certification expires and is no longer valid if the lead agency fails to approve a certified project before January 1, 2025. The bill would instead repeal the leadership act on January 1, 2025. Because the bill would extend the obligation of the lead agency to prepare concurrently the record of proceedings, 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 Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions do not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill, as specified. The bill would state that its provisions are severable. By creating a new 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.