Existing law establishes the Department of Corrections and Rehabilitation and sets forth its powers and duties regarding the administration of correctional facilities and the care and custody of inmates. Existing law, until January 1, 2020, authorizes the Secretary of the Department of Corrections and Rehabilitation to enter into one or more agreements with private entities to obtain secure housing capacity in the state or in another state, upon terms and conditions deemed necessary and appropriate to the secretary. Existing law, until January 1, 2020, authorizes the secretary to enter into agreements for the transfer of prisoners to, or placement of prisoners in, community correctional centers, and to enter into contracts to provide housing, sustenance, and supervision for inmates placed in community correctional centers. This bill, on or after January 1, 2020, would prohibit the department from entering into or renewing a contract with a private, for-profit prison to incarcerate state prison inmates, but would not prohibit the department from renewing or extending a contract to house state prison inmates in order to comply with any court-ordered population cap. The bill would also prohibit, after January 1, 2028, a state prison inmate or other person under the jurisdiction of the department from being incarcerated in a private, for-profit prison facility. This bill would also prohibit, with exceptions, the operation of a private detention facility, as defined, within the state.
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(1) Existing law authorizes various specified cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law. A provision of the Transactions and Use Tax Law prohibits the combined rate of all taxes that may be imposed in accordance with that law in a county from exceeding 2%. Existing law authorizes the County of Alameda to impose a transactions and use tax for general or specific purposes at a rate of no more than 0.5% that, in combination with other transactions and use taxes, would exceed the above-described combined rate limit of 2%, if the county adopts an ordinance proposing the tax and the ordinance proposing the tax is approved by the voters, subject to applicable voter approval requirements. Existing law repeals this authorization on December 31, 2022, for the county if an ordinance proposing the tax has not been approved by that date in that county. Existing law, the San Francisco Bay Area Rapid Transit District Act, creates the San Francisco Bay Area Rapid Transit District and, among other things, authorizes the board of directors of the district to impose transactions and use taxes in conformity with the Transactions and Use Tax Law for specified purposes, subject to periodic legislative review and amendment, as provided. This bill would provide that, notwithstanding the combined rate limit under the Transactions and Use Tax Law, neither a transaction and use tax rate imposed by the County of Alameda, either as described above or pursuant to previously existing law, nor a transactions and use tax rate imposed by the San Francisco Bay Area Rapid Transit District on or before the effective date of this bill, will be considered for purposes of that combined rate limit within the County of Alameda. The bill would declare that the changes made with regard to taxes imposed by the County of Alameda are declaratory of existing law. (2) Existing law, the Santa Cruz Metropolitan Transit District Act of 1967, authorizes the County of Santa Cruz to organize and incorporate the Santa Cruz Metropolitan Transit District, as provided. Existing law, among other things, authorizes the board of directors of the district to impose transactions and use taxes in accordance with the Transactions and Use Tax Law by an ordinance approved by 23 of the electors voting on the measure at a special election called for that purpose. This bill would provide that, notwithstanding the combined rate limit under the Transactions and Use Tax Law, a transactions and use tax rate imposed by the Santa Cruz Metropolitan Transit District pursuant to these provisions on or before the effective date of this bill will not be considered for purposes of that combined rate limit. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Santa Cruz.
Existing law authorizes a school nurse or other designated school personnel to assist any pupil who is required to take, during the regular schoolday, medication prescribed for the pupil by a physician and surgeon or ordered for the pupil by a physician assistant, if the school district receives specified written statements from the physician and surgeon or physician assistant and from the parent, foster parent, or guardian of the pupil. Existing law, the Compassionate Use Act of 1996, provides that a patient or a patient's primary caregiver who possesses or cultivates marijuana for personal medical purposes of the patient upon the written or oral recommendation or approval of a physician is not subject to conviction for offenses relating to possession and cultivation of marijuana. Existing law also requires the State Department of Public Health to establish a voluntary program for the issuance of identification cards to qualified patients who are entitled to the protections of the act. This bill would enact Jojo's Act, which would authorize the governing board of a school district, a county board of education, or the governing body of a charter school maintaining kindergarten or any of grades 1 to 12, inclusive, to adopt, at a regularly scheduled meeting of the governing board or body, a policy, as provided, that allows a parent or guardian of a pupil to possess and administer medicinal cannabis, as defined, at a schoolsite to the pupil who is a qualified patient entitled to the protections of the Compassionate Use Act of 1996, excluding cannabis, as defined, in a smokeable or vapeable form. The bill would authorize the policy to be amended or rescinded for any reason at a regularly scheduled meeting, as specified, and for exigent circumstances at a special meeting, as specified. The bill, for pupil records collected for the purpose of administering medicinal cannabis, would require those records to be treated as medical records and subject to all provisions of state and federal law governing the confidentiality and disclosure of medical records. 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.
Existing law imposes an additional 3-year sentence for each prior separate prison term served by a defendant where the prior and current offense was a violent felony, as defined. For other felonies, existing law imposes an additional one-year term for each prior separate prison term or county jail felony term, except under specified circumstances. This bill would instead impose that additional one-year term served for each prior separate prison term served for a conviction of a sexually violent offense, as defined.
Existing law generally authorizes the Office of Environmental Health Hazard Assessment to advise all local health authorities and requires the office to control and regulate their actions when, in the office's judgment, the public health is menaced by matters within its jurisdiction. Existing law requires the State Water Resources Control Board, in consultation with the office, to develop the Coastal Fish Contamination Program to identify and monitor chemical contamination in coastal fish and shellfish and assess the health risks of consuming sport fish and shellfish caught by consumers. Existing law requires the office, under that program, to issue health advisories when the office determines that consuming certain fish or shellfish presents a significant health risk. Existing law requires the office to notify the appropriate county health officers and specified state agencies before the issuance of a health advisory. In addition, existing law requires the office to urge county health officers, pursuant to the issuance of a health advisory, to conspicuously post health warnings in areas where contaminated fish or shellfish may be caught, including piers, commercial passenger fishing vessels, and shore areas where fishing occurs. This bill would instead require local health officers, as defined, to be notified of a health advisory under that program, and would additionally require the State Water Resources Control Board and the appropriate regional water quality control board to be notified of the health advisory under that program. The bill would require, to the extent provided, local health officers, as defined, to conspicuously post health warnings upon the issuance of a site-specific fish or shellfish health advisory, as defined, under the program or pursuant to the office's general authority to advise local health authorities. The bill would require the local health officer to coordinate with the office, the State Department of Public Health, the Department of Fish and Wildlife, and the appropriate regional water quality control board to identify appropriate posting locations and signage. Upon an appropriation, the bill would require the State Water Resources Control Board to award grants to local agencies, or to qualified nonprofit organizations to distribute to local agencies, to post required warnings. The bill would require a local health officer to post those warnings within 180 days of receiving grant funding to post the warnings or, if the local health officer did not request grant funding, within 180 days of the deadline for requesting grant funding for that fiscal year. By imposing additional duties on local officials, this bill would impose a state-mandated local program. The bill would require the Office of Environmental Health Hazard Assessment to make available on its internet website digital posters of health warnings for each site-specific fish or shellfish health advisory issued pursuant to these provisions, as specified. The bill would require the State Water Resources Control Board to submit a report to the Legislature on or before December 31, 2022, containing specified information relating to the implementation of the above provisions. 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 Public Utilities Commission, in consultation with the Independent System Operator, to establish resource adequacy requirements for electrical corporations, electric service providers, and community choice aggregators, known collectively as load-serving entities, to ensure the reliability of electric service in the state while advancing, to the extent possible, the state's goals for clean energy, reducing air pollution, and reducing emissions of greenhouse gases. This bill would require the commission to develop and use methodologies for allocating electrical system integration resource procurement needs to each load-serving entity based on the contribution of that entity's load and resource portfolio to the electrical system conditions that created the need for the procurement. The bill would require the commission to develop and use methodologies for determining any costs resulting from a failure of a load-serving entity to satisfy its allocation of those procurement needs.
Existing law, the Mosquito Abatement and Vector Control District Law, provides for the formation of mosquito abatement and vector control districts and specifies the powers and duties of the district boards. Existing law requires the State Department of Public Health to provide examinations to certify government agency employees and vector control technicians. This bill would create the California Mosquito Surveillance and Research Program, to be administered by the University of California, and would require the University to maintain an interactive internet website for management and dissemination of data on mosquitoborne virus and surveillance control and coordinate with the department, among other functions, to the extent the program receives federal, state, or private funding for those purposes. The bill would make related findings and declarations.
Existing law establishes the Pierce's Disease Control Program in the Department of Food and Agriculture and requires the Governor to appoint a statewide coordinator. Existing law establishes the Pierce's Disease Management Account in the Food and Agriculture Fund and allows certain money in this account to be expended to combat Pierce's disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law makes these provisions inoperative on March 1, 2021, and repeals them on January 1, 2022. This bill would extend to March 1, 2026, the date on which the above provisions become inoperative, and would repeal those provisions on January 1, 2027. The bill would require the Secretary of Food and Agriculture to appoint a statewide coordinator. By extending the operative date for a partially continuously appropriated fund, this bill would make an appropriation. Existing law creates in the department the Pierce's Disease and Glassy-winged Sharpshooter Board, which consists of specified members, and prescribes the functions and duties of the board with respect to implementation of the Pierce's disease program. Existing law provides for an annual assessment to be paid by grape processors, as defined, into the Food and Agriculture Fund and continuously appropriates the collected funds for the purposes of, among other things, research and other activities related to the Pierce's disease program. Existing law repeals these provisions on March 1, 2021. This bill would extend the repeal date of these provisions to March 1, 2026, and would make related conforming changes. By extending the date until which the assessments are collected, the bill would make an appropriation.
Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with regulatory authority over water quality. The State Civil Service Act authorizes state agencies to enter into personal services contracts if prescribed conditions are met, including a clear demonstration by the contracting agency that the proposed contract will result in actual overall cost savings to the state, compared to the cost to the state of providing the same services, and award of the contract through a publicized, competitive bidding process. Existing law generally requires state agencies to obtain at least 3 competitive bids for each contract. Under existing law, this requirement does not apply under certain circumstances, including, among others, in cases of emergency, as defined, where a contract is necessary for the immediate preservation of the public health, welfare, or safety, or protection of state property. This bill would require the state board to establish a Freshwater and Estuarine Harmful Algal Bloom Program to protect water quality and public health from harmful algal blooms. The bill would require the state board, in consultation with specified entities, among other things, to coordinate immediate and long-term algal bloom event incident response, as provided, and conduct and support algal bloom field assessment and ambient monitoring at the state, regional, watershed, and site-specific waterbody scales. The bill would require the state board, on or before July 1, 2021, to post on its internet website information including, among other things, the incidence of, and response to, freshwater and estuarine harmful algal blooms in the state during the previous 3 years and actions taken by the state board related to harmful algal blooms, as provided. The bill would authorize the state board, if it determines that the occurrence of harmful algal blooms is an emergency, as defined, to enter into contracts to procure goods and services to aid in incident response without meeting the conditions prescribed for personal services contracts under the State Civil Service Act, including the requirement for a competitive bidding process, or any other competitive bidding requirements under existing law.
This measure would condemn regulations recently adopted by the Department of Homeland Security to prescribe how a determination of inadmissibility for a person who is not a citizen or national is made based on the likelihood that the person will become a public charge. This measure would also urge the federal government to repeal the new regulations.