Asm. Wesley Chesbro

Existing law generally regulates fertilizing materials, as defined, including the labeling of fertilizing materials. Existing law defines "label" and "labeling" for purposes of these provisions. This bill would, until January 1, 2014, provide that "label" and "labeling" do not include a certified laboratory analysis, as defined, showing the nutrient contents of compost, cocompost, or mulch, as defined, if the laboratory analysis documentation contains a specified statement and other information, as provided.

This measure would proclaim the month of May to be Women Veterans Recognition Month.

(1) Existing law authorizes money in the Forest Resources Improvement Fund (the fund) to be expended, upon appropriation by the Legislature, for the cost of operations associated with the management of state lands operated as demonstration state forests by the Department of Forestry and Fire Protection. The bill would authorize money in the fund to be used to implement approved management plans and to fund public education, restoration, research, and monitoring activities related to a demonstration forest. (2) Existing law requires the fund to be the depository for all revenue derived from the repayment of certain loans made or interest received, and the receipts from the sale of forest products to support certain operations. This bill would also require all revenue originating from activities within the state forest boundaries, including revenue from leases, rent, fees, firewood, and permits to be deposited into the fund. (3) Existing law requires all excess money in the fund to be deposited in the General Fund. This bill would instead require all excess money in the fund to accrue when fund balances exceed appropriated expenditures. This bill would require this money to be used, as determined by the director and upon appropriation by the Legislature, to fund specified programs if those programs do not receive General Fund revenue at the same or a higher level than in the previous budget year.

Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose a tax on and after January 1, 2010, upon any producer for the privilege of severing oil from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the rate of 10% of the gross value of each barrel of oil severed. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. The bill would require the board to deposit all revenues, less refunds, collected pursuant to these provisions into the General Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it 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. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.

(1) Existing law, for purposes of a contract pursuant to the Williamson Act, requires the landowner to furnish the city or county with information that the city or county requires to determine the eligibility of the land involved in the contract. This bill would, on either an initial or ongoing basis, instead require the landowner to furnish the city or county with information that is directly related to the landowner's compliance with the act that the city or county requires to determine the eligibility of the land involved in the contract. (2) Existing law requires the legislative body of a city or county to deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it finds that either the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use, or the subdivision will result in residential development not incidental to the commercial agricultural use of the land, where the land is subject to, among others, a contract entered into pursuant to the Williamson Act.This bill would require the legislative body of a city or county to deny approval of a tentative map, or parcel map for which a tentative map is not required, for the proposed subdivision of land that is subject to a contract entered into pursuant to the Williamson Act, unless the legislative body finds, among other things, that each resulting parcel of land will be consistent with the local rules relating to that act, and each resulting parcel of land has an existing commercial agricultural use, an open-space use, or both, the agricultural improvements necessary to sustain a commercial agricultural use, an open-space use, or both, or a feasible plan exists for achieving those improvements, if necessary, as specified. The bill would also authorize the legislative body to impose any reasonable and necessary restrictions on the residential use of any resulting parcel. (3) Under existing law, if a city, county, or nonprofit organization serves written notice of nonrenewal of an open-space easement contract, a Williamson Act contract, or a farmland security zone contract, and the landowner fails to provide written notice of protest, the board of supervisors or the assessor is required to follow specified steps in assessing the annual value of the land immediately. This bill would instead provide that if a city, county, or nonprofit organization serves written notice of nonrenewal for cause, as defined, of an open-space easement contract, a Williamson Act contract, or a farmland security zone contract, or the city or county serves notice of nonrenewal and the landowner fails to provide written notice of protest, the board of supervisors or the assessor is required to follow specified steps in assessing the annual value of the land immediately.

Existing law does not provide a system of universal health care coverage for California residents. Existing law provides for the creation of various programs to provide health care services to persons who have limited incomes and meet various eligibility requirements. These programs include the Healthy Families Program administered by the Managed Risk Medical Insurance Board, and the Medi‑Cal program administered by the State Department of Health Care Services. Existing law provides for the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. This bill would establish the California Healthcare System to be administered by the newly created California Healthcare Agency under the control of a Healthcare Commissioner appointed by the Governor and subject to confirmation by the Senate. The bill would make all California residents eligible for specified health care benefits under the California Healthcare System, which would, on a single-payer basis, negotiate for or set fees for health care services provided through the system and pay claims for those services. The bill would provide that a resident of the state with a household income, as specified, at or below 200% of the federal poverty level would be eligible for the type of benefits provided under the Medi-Cal program. The bill would require the commissioner to seek all necessary waivers, exemptions, agreements, or legislation to allow various existing federal, state, and local health care payments to be paid to the California Healthcare System, which would then assume responsibility for all benefits and services previously paid for with those funds. The bill would create the Healthcare Policy Board to establish policy on medical issues and various other matters relating to the system. The bill would create the Office of Patient Advocacy within the agency to represent the interests of health care consumers relative to the system. The bill would create within the agency the Office of Health Planning to plan for the health care needs of the population, and the Office of Health Care Quality, headed by a chief medical officer, to support the delivery of high quality care and promote provider and patient satisfaction. The bill would create the Office of Inspector General for the California Healthcare System within the Attorney General's office, which would have various oversight powers. The bill would prohibit health care service plan contracts or health insurance policies from being issued for services covered by the California Healthcare System. The bill would create the Healthcare Fund and the Payments Board to administer the finances of the California Healthcare System. The bill would create the California Healthcare Premium Commission (Premium Commission) to determine the cost of the California Healthcare System and to develop a premium structure for the system that complies with specified standards. The bill would require the Premium Commission to recommend a premium structure to the Governor and the Legislature on or before January 1, 2013, and to make a draft recommendation to the Governor, the Legislature, and the public 90 days before submitting its final premium structure recommendation. The bill would specify that only its provisions relating to the Premium Commission would become operative on January 1, 2011, with its remaining provisions becoming operative on the date the Secretary of California Health and Human Services notifies the Legislature, as specified, that sufficient funding exists to implement the California Healthcare System. The bill would require that system to be operative within 2 years of that date and would provide for various transition processes for that period. The bill would extend the application of certain insurance fraud laws to providers of services and products under the system, thereby imposing a state-mandated local program by revising the definition of a crime. The bill would enact other related provisions relative to budgeting, regional entities, federal preemption, subrogation, collective bargaining agreements, compensation of health care providers, conflict of interest, patient grievances, independent medical review, and associated matters. 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) The California Oil Recycling Enhancement Act, administered by the California Integrated Waste Management Board, among other things, defines terms and establishes the used oil recycling program, consisting of a recycling incentive system, grants or loans to local governments and nonprofit entities for specified purposes related to used lubricating oil collection and recycling and stormwater pollution from used oil and oil byproducts, development and implementation of an information and education program to promote alternatives to the illegal disposal of used oil, and a reporting, monitoring, and enforcement program to ensure that laws relating to used oil are properly carried out. A violation of the act is a crime. This bill would define the term "rerefined oil" and revise the definition of "used oil hauler" for purposes of the act, and would revise and recast the used oil recycling program, so that, among other things, it would no longer provide for loans, and it would provide for the development and implementation of an information and education program to promote methods to reduce the amounts of used oil generated and to promote the use of rerefined oil in automotive and industrial lubricants. The bill would revise the purposes for which grants under the program may be made and would authorize contracts additionally to be made with private entities. (2) The act generally requires every oil manufacturer to pay to the board an amount equal to $0.04 for every quart, or $0.16 for every gallon, of lubricating oil sold or transferred in the state, or imported into the state for use in the state. This bill would exempt from the payment of the fee oil sold as finished lubricant containing at least 70% rerefined base lubricant. (3) The act requires the board to pay a recycling incentive to every industrial generator, curbside collection program, and certified used oil collection center, for used lubricating oil if certain conditions apply, and to an electric utility, as defined, for certain used lubricating oil. This bill would revise the conditions applicable to used lubricating oil that must be met before the board is required to pay the recycling incentive, and would delete the requirement that the board pay the recycling incentive to an electric utility for certain used lubricating oil. The bill additionally would require the board to pay a rerefining incentive to certain recycling facilities that produce rerefined base lubricant meeting specified requirements. The bill would require the board, on or before January 1, 2012, to consider whether to implement additional incentives that prioritize the highest and most beneficial uses of used lubricating oil. The bill would require the board to set the rerefining incentive at not less than $0.02 per gallon, and would authorize the board to increase those amounts if it determines that a higher amount is necessary to promote the collection and recycling of used lubricating oil or the rerefining of used lubricating oil, as applicable, and sufficient funds are available in the California Used Oil Recycling Fund. (4) The act requires the board to deposit the charges described in (2) above, civil penalties and fines paid pursuant to the act, and all other revenues received pursuant to the act, in the California Used Oil Recycling Fund, part of which is continuously appropriated to the board to pay recycling incentives, to provide a reserve for contingencies, to make specified payments for implementation of certain local used oil collection programs in a total amount equal to $10,000,000 or one-half the amount remaining in the fund after specified expenditures are made, whichever is, greater for certain grants and loans and for reimbursement for certain disposal costs of contaminated used oil. The bill would recast the method by which payments for the implementation of the local used oil collection programs are determined. The bill would provide the total annual amounts for these payments would equal $10,000,000 subject to certain conditions. (5) The act prohibits a used oil collection center from being eligible for the payment of recycling incentives until the board has certified the center. Certification eligibility includes compliance with public notice and operational requirements. The act requires a center to reapply for certification every 2 years. This bill instead would require a center to reapply for certification every 4 years and would revise the certification eligibility requirements. (6) Under the act, if the board finds that a shipment of used oil from a certified used oil collection center or a curbside collection program is contaminated by hazardous material and other specified requirements are met, the board, upon application of the center or program, is required to reimburse the center or program for the additional disposal cost of the used oil, subject to eligibility requirements and payment limitations. This bill would include uncertified publicly funded used oil collection centers in small rural counties in those entities eligible to receive that reimbursement, and would modify the eligibility requirements and payment limitations. (7) The act imposes certification requirements for used oil recycling facilities. This bill also would impose certification requirements on rerefiners of used oil. The bill would require certain out-of-state recycling facilities to make specified certifications of compliance with certain federal and state laws, thereby imposing a state-mandated local program, by creating a new crime. (8) The act imposes reporting requirements on industrial generators of used lubricating oil, used oil collection centers, and curbside collection programs, to be eligible for payment of a recycling incentive. This bill would revise those reporting requirements. (9) This bill would make other related changes to the act. (10) Because a violation of the act is a crime, the bill would impose a state-mandated local program by, among other things, bringing rerefiners of used lubricating oil within the ambit of the act. (11) 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 Medical Practice Act, restricts the employment of licensed physicians and surgeons and podiatrists by a corporation or other artificial legal entity, subject to specified exemptions, and makes it a crime to practice medicine without a license. Existing law establishes, until January 1, 2011, a pilot project to allow qualified district hospitals that, among other things, provide more than 50% of patient days to the care of Medicare, Medi-Cal, and uninsured patients, to employ a physician and surgeon, if the hospital does not interfere with, control, or otherwise direct the professional judgment of the physician and surgeon. The pilot project authorizes the direct employment of a total of 20 physicians and surgeons by those hospitals to provide medically necessary services in rural and medically underserved communities, and specifies that each qualified district hospital may employ up to 2 physicians and surgeons, subject to specified requirements. This bill would delete that pilot project and would instead, until January 1, 2021, authorize a health care district, as defined, and a clinic owned or operated by a health care district, as specified, to employ physicians and surgeons if the health care district's service area includes a Medically Underserved Area (MUA) or a Medically Underserved Population (MUP) , or has been federally designated as a Health Professional Shortage Area (HPSA) ; the district board conducts a public hearing and adopts a specified resolution declaring the need for the district to recruit and directly employ one or more physicians and surgeons; and the executive officer of the district provides specified documentation to the Medical Board of California. Upon receipt of that documentation, the bill would require the board to approve the employment of up to 5 primary or specialty care physicians and surgeons by the district, and, upon receipt of additional documentation after that employment, to approve an additional 5 primary or specialty care physicians and surgeons. The bill would provide that a district may, until December 31, 2020, enter into, renew, or extend any employment contract with a physician and surgeon for up to 10 years. The bill would require the Office of Statewide Health Planning and Development, in consultation with the State Department of Public Health and the board, to report to the Legislature by June 1, 2018, with regard to the efficacy of the employment of physicians and surgeons by health care districts, as specified.

Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill would impose a tax upon any producer for the privilege of severing oil from the earth or water in this state for sale, transport, consumption, storage, profit, or use, as provided, at the rate of 10% of the gross value of each barrel of oil severed. The tax would be administered by the State Board of Equalization and would be collected pursuant to the procedures set forth in the Fee Collection Procedures Law. This bill would require the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation to make specified certifications and determinations regarding certain oil wells, and to notify the board of the certification or determination. The bill would require the board to deposit all revenues collected pursuant to these provisions, less refunds and reimbursement to the board for expenses incurred in the administration and collection of the tax, into the General Fund. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a crime, it 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. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy, but its operative date would depend on its effective date.

This measure would designate the first week of March of each year as Cuss Free Week.