The California Constitution generally limits the maximum rate of ad valorem tax on real property to 1% of the full cash value of the property and defines "full cash value" for these purposes as the appraised value of real property when purchased, newly constructed, or a change in ownership has occurred after the 1975 assessment. Pursuant to constitutional authorization, existing property tax law excludes from the definition of "newly constructed" for these purposes the construction or addition of any active solar energy system, as defined, through the 2023–24 fiscal year. Under existing property tax law, this exclusion remains in effect only until there is a subsequent change in ownership, but an active solar energy system that qualifies for the exclusion before January 1, 2025, will continue to receive the exclusion until there is a subsequent change in ownership. Existing law defines and sets forth parameters for determining a change in ownership for real property. The California Constitution authorizes the Legislature to provide for property taxation of all forms of tangible personal property, shares of capital stock, evidences of indebtedness, and any legal or equitable interest not otherwise exempt. The California Constitution also authorizes the Legislature to classify, by a 23 vote of each house, such personal property for differential taxation or for exemption. This bill would provide that for purposes of the provisions of the California Constitution described above, real property includes improvements, but not personal property. The bill would provide that a nonresidential active solar energy system, as defined, is personal property, not an improvement. The bill would exempt a nonresidential active solar energy system constructed or installed prior to January 1, 2025, from taxation until there is a subsequent change in ownership of the nonresidential active solar energy system. The bill would also exempt those nonresidential active solar energy systems from taxation on and after January 1, 2025, until there is a subsequent change in ownership. The bill would provide that change in ownership of a nonresidential active solar energy system occurs if it would have met the parameters for a change in ownership applicable to real property had the system been considered real property instead of personal property. The bill would make its provisions operative on the date that an initiative measure, relating to the definition of "full cash value" for commercial and industrial real property, adding a specified section to the California Constitution at the November 3, 2020, statewide general election becomes effective. The bill would provide that its provisions relating to nonresidential active solar energy systems shall remain inoperative until, and be repealed on, January 1, 2021, if a majority of voters do not approve the initiative. The bill would make conforming changes. By adding to the duties of county assessors when assessing commercial and industrial real property, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Sponsored bills
The California School Finance Authority Act establishes the California School Finance Authority, and authorizes the authority to, among other things, issue revenue bonds to finance or refinance educational facility projects for school districts, charter schools, county offices of education, and community college districts. The Archie-Hudson and Cunneen School Technology Revenue Bond Act authorizes the authority to issue revenue bonds to finance, among other things, the establishment of computer-based networks and telecommunications systems for instructional purposes by school districts. Existing law establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and establishes various duties and responsibilities of the Energy Commission relating to energy usage in the state. This bill would establish the School Disaster Resiliency Act, which would require the Energy Commission to administer a program to provide loans to school districts, county offices of education, and charter schools for school resiliency projects, as provided. The bill would require the Energy Commission to allocate resiliency loan funding for projects in a specified order of priority. The bill would require the Energy Commission to develop application procedures for purposes of the program, as specified, and to provide local educational agencies with preapplication funding for technical assistance. The bill would require the authority, in consultation with the commission, to adopt regulations establishing uniform terms and conditions that are required to apply equally to all projects for resiliency loan funding under these provisions. The bill would authorize the authority to adopt, amend, or repeal rules and regulations pursuant to these provisions as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act. The bill would establish the School Disaster Resiliency Fund, as a continuously appropriated fund, under the administration of the Energy Commission, thereby making an appropriation. The bill would authorize the authority to issue up to $1,000,000,000 in revenue bonds and require the bond revenues be deposited in the fund to be used for purposes of the loan program described above. The bill would also require that loan repayments, fees, and penalties be deposited in the fund.
The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. This bill would require the office of the Treasurer, by March 1, 2021, to submit to the Legislature a report on the feasibility of securitizing revenues from the Greenhouse Gas Reduction Fund to spur innovation and reduce emissions of greenhouse gases that will be paid back by future revenues generated by the market-based compliance mechanism.
(1) Existing law provides that a provision of a memorandum of understanding reached between the state employer and a recognized employee organization representing state civil service employees that requires the expenditure of funds does not become effective unless approved by the Legislature in the annual Budget Act. This bill would approve provisions requiring the expenditure of funds in the memoranda of understanding or addenda, or both, entered into between the state employer and State Bargaining Unit 1-Professional, Administrative, Financial, and Staff Services, State Bargaining Unit 3-Professional Educators and Librarians, State Bargaining Unit 4-Office and Allied, State Bargaining Unit 6-Corrections, State Bargaining Unit 9-Professional Engineers, State Bargaining Unit 11-Engineering and Scientific Technicians, State Bargaining Unit 14-Printing and Allied Trades, State Bargaining Unit 15-Allied Services, State Bargaining Unit 17-Registered Nurses, State Bargaining Unit 18-Psychiatric Technicians, State Bargaining Unit 20-Medical and Social Services, and State Bargaining Unit 21-Educational Consultants and Library. The bill would provide that provisions of the memoranda of understanding or addenda, or both, described above and approved by this bill that require the expenditure of funds will not take effect unless funds for those provisions are specifically appropriated by the Legislature. The bill would authorize the state employer or these state bargaining units to reopen negotiations if funds for those provisions are not specifically appropriated by the Legislature. This bill would also ratify and approve provisions requiring the expenditure of funds in the memoranda of understanding or addenda, or both, entered into between the state employer and other state bargaining units no later than June 30, 2020, if the memoranda of understanding or addenda includes savings measures that contribute to meeting the budgeted reductions as specified in the Budget Act of 2020. The bill would provide that provisions of these approved memoranda of understanding or addenda, or both, that require the expenditure of funds will take effect and are deemed to be appropriated by the Legislature. This bill would require the provisions of these memoranda of understanding or addenda, or both, that require the expenditure of funds to become effective even if these provisions are approved by the Legislature in legislation other than the annual Budget Act. The bill would appropriate to the Controller from the General Fund unallocated special funds, including federal funds and unallocated nongovernmental cost funds, and any other fund from which state employees are compensated, the amount necessary for the payment of compensation and employee benefits to state employees covered by specified memoranda of understanding, if the Budget Act is not enacted by July 1, 2020. (2) The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System for the purpose of providing public employees pension and other benefits, which are funded by employee and employer contributions and investment returns. Contributions and investment returns are deposited in the Public Employees' Retirement Fund, which is continuously appropriated for the payment of benefits and administration of the system. PERL and labor agreements prescribe different normal rates of contribution for employees depending on bargaining unit, employer, and inclusion of service in the federal social security system, among other factors. Existing law adjusts the normal rate of contribution for specified employees of State Bargaining Unit 9 (BU 9) to 50% of the normal cost rate rounded to the nearest quarter 1%, as specified, if certain conditions occur. After June 30, 2020, the normal rate of contribution returns to the normal contribution rate established in specified provisions of existing law. This bill, on July 1, 2022, or a later date as determined by the provisions of the memorandum of understanding for BU 9, would require the normal rate of contribution to return to the normal contribution rate that was in place on July 1, 2019, for a period of one year. This bill would adjust the normal rates of pension contributions for specified employees of State Bargaining Unit 18 (BU 18) . The bill would require, effective July 1, 2021, the state miscellaneous members or state industrial members contribution rate, or the rate for state safety members, be adjusted when both (a) the normal cost rate for the category in effect for the 2016–17 fiscal year has increased by 1%, and (b) 50% of that normal cost rate, rounded as specified, exceeds the normal established contribution rate, as specified. The bill would provide for adjustments each year thereafter, subject to certain limitations, including that the increase to the employee contribution in any given fiscal year not exceed 1%, and applicable at different compensation thresholds, depending on the member's inclusion in the federal social security system. By increasing employee contributions into a continuously appropriated fund, this bill would make an appropriation. The bill would grant the Director of the Department of Human Resources the discretion to establish the normal rate of contribution for a related state employee or an officer or employee of the executive branch who is not a member of the civil service, consistent with other members identified in these provisions. (3) The Public Employees' Medical and Hospital Care Act (PEMHCA) , which is administered by the Board of Administration of the Public Employees' Retirement System, prescribes methods for calculating the state employer contribution for postemployment health care benefits for eligible retired public employees and their families and for the vesting of these benefits. PEMHCA establishes the Annuitants' Health Care Coverage Fund, which is continuously appropriated, for the purpose of prefunding health care coverage for annuitants, including administrative costs. Existing law specifies the contribution rates that employees in BU 18 are required to make, subject to the state making a matching contribution, based on a specified schedule. This bill would provide, after July 1, 2019, that the employer and employee contribution percentages would be adjusted based on actuarially determined total normal costs, in accordance with certain limits. (4) PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care and other postemployment benefits and provides that if those provisions are in conflict with the provisions of a memorandum of understanding reached pursuant to an agreement with the Governor, as provided, the memorandum of understanding is controlling without further legislative action, except if the provisions of the memorandum of understanding require the expenditure of funds. This bill would also provide that addenda to the memorandum of understanding also control as to those conflicting provisions, except if the conflicting provisions of the memorandum of understanding or addenda require the expenditure of funds. (5) PEMHCA requires the state and employees in specified State Bargaining Units to prefund retiree health care, with the goal of reaching a 50% cost sharing of actuarially determined normal costs for both employer and employees by July 1, 2020. This bill would include employees in State Bargaining Unit 5 - Highway Patrol, in that cost-sharing requirement. (6) PEMHCA requires the employees in state bargaining unit 1, 3, 4, 11, 14, 15, 17, 20, or 21 to make contributions to prefund retiree health care based on the specified schedule, and requires the state to make a matching contribution. Effective July 1, 2020, PEMHCA requires an additional 1.2% for a total employee contribution of 3.5% of pensionable compensation. This bill, for employees in those state bargaining units, would suspend the additional 1.2% required for the employees' monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years while continuing to require the employer's monthly contribution for prefunding those postemployment benefits during those fiscal years. (7) PEMHCA requires the employees in State Bargaining Unit 6 (BU 6) to make contributions to prefund retiree health care based on the specified schedule, and requires the state to make a matching contribution. Effective July 1, 2018, PEMHCA requires an additional 1.4% for a total employee contribution of 4% of pensionable compensation. This bill, for employees in BU 6, would suspend the additional 1.4% required for the employees' monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years while continuing to require the employer's monthly contribution for prefunding those postemployment benefits during those fiscal years. (8) PEMHCA requires the employees in BU 9 to make contributions to prefund retiree health care based on the specified schedule, and requires the state to make a matching contribution. Effective July 1, 2019, PEMHCA requires an additional 1.0% for a total employee contribution of 2% of pensionable compensation This bill, for employees in BU 9, would suspend the additional 1.0% required for the employees' monthly contribution for prefunding other postemployment benefits for the 2020–21 and 2021–22 fiscal years while continuing to require the employer's monthly contribution for prefunding those postemployment benefits during those fiscal years. (9) The bill would appropriate the sum of $270,917,000 for BU 18 for expenditure in augmentation of, and for the purpose of, state employee compensation, in accordance with a specified schedule. (10) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
The Budget Act of 2020 made appropriations for the support of state government for the 2020–21 fiscal year. This bill would amend the Budget Act of 2020 by amending items of appropriation and making other changes. This bill would declare that it is to take effect immediately as a Budget Bill.
This measure would proclaim the week of March 1, 2020, to March 7, 2020, inclusive, as Women in Construction Week.
This measure would proclaim March 2, 2020, to March 6, 2020, inclusive, as School Breakfast Week.
(1) 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. (2) 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. By increasing the duties of local agencies with respect to land use regulations, this bill would impose a state-mandated local program. (3) 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. (4) 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 permits the Governor to proclaim a state of emergency during conditions of disaster or of extreme peril to the safety of persons and property, including epidemics. Existing law provides that the proclamation takes effect immediately, affords specified powers to the Governor, and terminates upon further proclamation by the Governor. Existing law prohibits the eviction of residential tenants during the pendency of a state of emergency, except as specified. This bill would prohibit a commercial landlord, as defined, from serving a specified notice of eviction on a commercial tenant, as defined, until 90 days after the state of emergency proclaimed by the Governor on March 4, 2020, is lifted and if specified criteria apply, including that the commercial tenant served a written notice on the landlord affirming, under the penalty of perjury, that the commercial tenant is an eligible COVID-19 impacted commercial tenant. By creating a new crime with regard to the notice being signed under the penalty of perjury, the bill would impose a state-mandated local program. The bill would define an "eligible COVID-19 impacted commercial tenant" for the purposes of these provisions as a commercial tenant, operating primarily in California, that occupies commercial real property pursuant to a lease and that meets certain financially related criteria. The bill would provide that specified notices of eviction served on commercial tenants are void under specified circumstances, including that the commercial tenant was an eligible COVID-19 impacted commercial tenant at the time the notice of eviction was served. The bill, among other things, would also provide a means for stopping an eviction in process, prohibit nonpayment of rent during the state of emergency from being grounds for an unlawful detainer action, as provided, limit when late fees can be imposed on a commercial tenancy, and require the landlord to provide written notice of the protections afforded by these provisions. The bill would prohibit the landlord from willfully harassing, intimidating, threatening, or retaliating against a commercial tenant with the intent to terminate the occupancy, and would subject the landlord to various damages if found by a court to have engaged in that behavior. The bill would also make a willful violation of these provisions an unlawful business practice and an act of unfair competition, subject to specified remedies and penalties. This bill would authorize an eligible COVID-19 impacted commercial tenant, defined for the purposes of these provisions as a small business that operates primarily in California and is an eating or drinking establishment, place of entertainment, or performance venue that occupies commercial real property pursuant to a lease and that meets specified financially related criteria, to engage in good faith negotiations with its landlord in order to modify any rent or economic requirements. The bill would authorize an eligible COVID-19 impacted commercial tenant (eligible tenant) to serve written notice on the landlord, affirming under the penalty of perjury, that the commercial tenant is an eligible tenant and stating what lease modifications the commercial tenant is seeking. By creating a new crime with regard to the notice being signed under the penalty of perjury, the bill would impose a state-mandated local program. The bill would also provide that if the eligible tenant and the landlord do not reach a mutually satisfactory agreement within a certain timeframe, the eligible tenant is authorized to terminate the lease, as provided. The bill would exclude publicly traded companies and affiliated companies from these provisions. The bill would make these provisions inoperative on December 31, 2021, or 2 months after the declared state of emergency ends, whichever is later. 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.
This measure would declare the week of February 17 to February 21, 2020, inclusive, as California Fitness Week, and would encourage Californians to enrich their lives through proper nutrition and exercise.