Existing law, the Personal Income Tax Law and Corporation Tax Law, in modified conformity with federal income tax laws, generally allow various deductions in computing the income that is subject to taxes imposed by those laws, including a deduction for a net operating loss as specified. Existing law suspends the deduction for a net operating loss, as specified, for taxable years beginning on or after January 1, 2020, and before January 1, 2023. The Personal Income Tax Law and Corporation Tax Law generally authorize various credits against the taxes imposed by those laws. Existing law provides that, except as specified, the total credits allowable under those laws may not reduce the taxes imposed by those laws by more than $5,000,000, as provided, for taxable years beginning on or after January 1, 2020, and before January 1, 2023. This bill, the Golden State Innovation Act of 2021, would, for taxable years beginning on or after January 1, 2021, and before January 1, 2023, exclude a taxpayer that performs research and development in biotechnology, as described, from the above-described suspension of the deduction for net operating losses and the above-described limitation on the total credits allowable. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. The bill also would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.
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The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would allow a credit against those taxes for each taxable year beginning on or after January 1, 2021, to a qualified taxpayer, as defined, in an amount equal to the total amount paid or incurred during the taxable year by the qualified taxpayer to comply with the regulations adopted by the Occupational Safety and Health Standards Board on November 19, 2020, relating to COVID-19 prevention and approved by the Office of Administrative Law. The bill also would state the intent of the Legislature to comply with the additional information requirement for any bill authorizing a new income tax credit. This bill would take effect immediately as a tax levy.
Existing law imposes limits on the size, weight, and load of vehicles that may be operated on the highway and authorizes the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to issue permits to operate the vehicles exceeding the specified size, weight, and load limits. This bill would, no later than July 1, 2022, require the department to develop a pilot program for the purpose of issuing a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment permitting the hauling of raw milk in excess of 80,000 pounds if the vehicle, combination, or equipment meets specified criteria. The bill would require an application for the permit to contain specified information, including a description of the vehicles to be operated under the permit. The bill would state that a permit is valid for one year and may be canceled by the department for specified reasons including the failure of the applicant to maintain any of the conditions required for the application. The bill would state that the holder of a permit is not authorized to operate outside of designated corridors identified by the department. The bill would require the department to submit a report to the Legislature, as specified. The bill would require the department to conduct a study focused on specific issues, including air pollution emission reductions and fuel consumption, and provide results to the appropriate legislative policy committees. The bill would authorize the department to charge a fee, as specified. The bill would repeal these provisions on January 1, 2030.
Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act. Under Section 401 of the Federal Water Pollution Control Act, any applicant seeking a federal license for an activity that may result in any discharge into the navigable waters of the United States is required to first seek a state water quality certification, as specified. The Porter-Cologne Water Quality Control Act authorizes the state board to certify or provide a statement to a federal agency, as required pursuant to federal law, that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will not reduce water quality below applicable standards. The federal act provides that if a state fails or refuses to act on a request for this certification within a reasonable period of time, which shall not exceed one year after receipt of the request, then the state certification requirements are waived with respect to the federal application. This bill would require the state board to make the certificate or statement available on its internet website for a 60-day public comment and review period, and would provide that the certificate or statement shall not be final until voted upon by a majority of the members of the state board at the conclusion of that period. The bill would require an additional 60-day public comment and review period if the certificate or statement is materially modified by the state board after the close of the initial 60-day public comment and review period.
(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 establish a comprehensive regulatory scheme for producers, retailers, and wholesalers of single-use packaging, as defined, and single-use products, as defined, made partially or entirely of plastic, to be administered by the department. The bill would require producers, within 6 months of the department's adoption of regulations to implement the act, to individually, or to collectively form or join a stewardship organization that will, develop, finance, and implement a convenient and cost-effective program to source reduce, recover, and recycle single-use packaging and single-use products discarded in the state, and develop and submit to the department a stewardship plan, annual report, and budget, as prescribed. The bill would require the stewardship plan to include funding to support, among other things, mechanisms necessary to achieve a 75% recycling rate of single-use packaging and single-use products by 2032 and annually thereafter. The bill would require, starting in 2025, a stewardship organization to collect from its member producers funding for the purposes of paying the administrative and operational costs of the stewardship program. The bill would require, on or before the end of the 2022–23 fiscal year, and once every 3 months thereafter, a stewardship organization to pay to the department an administrative fee to cover the department's full costs of administering and enforcing the act, not to exceed the department's actual and reasonable regulatory costs. This bill would authorize the department to impose an administrative civil penalty, except as specified, not to exceed $50,000 per day per violation on an entity that is not in compliance with the act's requirements. The bill would require the department to deposit those administrative civil penalties into the Circular Economy Penalty Account, which the bill would create. The bill would provide that the moneys in the account shall be available to the department, upon appropriation by the Legislature, for purposes that further the act. This bill would require the department, no later than July 1, 2022, to post a list of packaging categories, as defined, and product categories, as defined, for single-use packaging and single-use products that are easily recyclable or easily compostable, hard to recycle or hard to compost, or nonrecyclable or noncompostable, and specifies the types of plastics to be included on the initial list posted by the department. The bill would require the department to develop criteria to determine if single-use packaging and single-use products are easily recyclable or easily compostable, hard to recycle or hard to compost, or nonrecyclable or noncompostable, as provided. The bill would, beginning January 1, 2023, require all single-use packaging and single-use products sold, offered for sale, distributed, or imported in or into the state to be easily recyclable or easily compostable in the state. The bill would, beginning January 1, 2035, require all single-use packaging and single-use products sold, offered for sale, distributed, or imported in or into the state to include 75% postconsumer recycled content. The bill would require the department, beginning in 2023, to impose an administrative civil penalty on producers per unit sold, offered for sale, imported, or distributed in or into the state of $0.01 for hard to recycle or hard to compost single-use packaging and single-use products, $0.02 for nonrecyclable or noncompostable single-use packaging and single-use products, and, additionally, beginning in 2035, of $0.01 for single-use packaging and single-use products that do not include 75% postconsumer recycled content. The bill would require the department to deposit those administrative civil penalties into the Single-Use Plastic Packaging and Products Penalty Account, which the bill would create. The bill would provide that the moneys in the account shall be available to the department, upon appropriation by the Legislature, for projects with demonstrated environmental or environmental health benefits, and that prioritize projects within the state. The bill would impose on producers, among other requirements, registration, reporting, and recordkeeping requirements. The bill would require reports and data provided by producers to the department to be accurate and attested to under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. (2) 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. (3) 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.
(1) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the department to create and implement a simplified application package for children, families, and adults applying for Medi-Cal benefits. Existing federal law, the Telephone Consumer Protection Act, among other provisions, prohibits any person within the United States, or any person outside the United States if the recipient is within the United States, from making any call to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, without the prior express consent of the called party, using any automatic telephone dialing system or an artificial or prerecorded voice. Under existing case law, a text message is considered a call for purposes of those provisions. This bill would require the application for Medi-Cal enrollment to include a statement that if the applicant is approved for Medi-Cal benefits, the applicant agrees that the department, county welfare department, and a managed care organization or health care provider to which the applicant is assigned may communicate with them regarding appointment reminders or outreach efforts at no more than a 6th grade reading level through Free to End User text messaging unless the applicant opts out. (2) Existing federal law, known as the 340B discount drug purchasing program, generally requires pharmaceutical manufacturers participating in Medicaid to give discounts on pharmaceutical drugs to covered entities, as defined, serving the Medicaid population. This program is commonly referred to as the 340B program. Under existing law, the Medi-Cal program requires a covered entity to dispense only drugs purchased through the 340B program to a Medi-Cal beneficiary, except under specified circumstances. This bill would prohibit the Director of Health Care Services from taking action that materially increases the administrative burden or cost of dispensing 340B drugs by federally qualified health centers and rural health clinics, including, but not limited to, changes that adversely impact the use of contract pharmacy arrangements. The bill would require the director to prepare a report, including specified information, before taking any action that materially impacts the 340B program, and to publish the report on the department's internet website and distribute it to the Assembly Committee on Health and the Senate Committee on Health.
The California High-Speed Rail Act creates the High-Speed Rail Authority to develop and implement a high-speed rail system in the state, with specified powers and duties. Existing law requires the high-speed rail system to be designed to use electric trains. Existing law authorizes the authority, upon receiving legislative or voter approval, to enter into contracts with private or public entities for the design, construction, and operation of high-speed trains. This bill would prohibit the authority from directly or indirectly using local, state, federal, or any other public or private funding to purchase, lease, operate, or maintain a passenger or freight train powered by a diesel engine or other type of fossil fuel combustion engine, and from enabling such a train to operate on authority-owned rail infrastructure designed for speeds in excess of 125 miles per hour, except as specified.
Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident. Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law authorizes the court, in the interests of justice and for other reasons stated in the record, to reduce or eliminate the minimum imprisonment or fine requirements. This bill would instead make a person who fails to immediately stop, as required, at the scene of an accident that resulted in a permanent, serious injury subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, the violation of those requirements would be punishable by imprisonment in the state prison for 3, 4, or 6 years, or in a county jail for not less than 90 days nor more than one year, and a specified fine.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of nurses by the Board of Registered Nursing in the Department of Consumer Affairs. Existing law requires a licensee under the act to apply for renewal of their license every 2 years and allows an inactive license to be reactivated, as specified. This bill would authorize the board to reduce as prescribed the renewal fee for a licensee who meets certain age and practice qualifications.
Existing law requires the Governor to appoint every office whose mode of appointment is not prescribed by law. Existing law also prescribes the manner of the Governor's appointment of those officers. This bill would require the office of the Governor to convene, on or before June 1, 2022, a working group to discuss and make recommendations on the most effective way to ensure the state's leadership on boards and commissions reflects the diversity in age, ethnicity, gender, gender identity, disability status, region, veteran status, and sexual orientation, among other things, that are representative of the state. The bill would require these recommendations to be completed and published on the Governor's internet website no later than March 1, 2023, and contain specified recommendations. The bill would set forth selection and qualification requirements for members of the working group. The bill would also require the working group to hold its first meeting no later than September 1, 2022, and to determine a schedule, at that first meeting, to have 5 additional meetings completed no later than February 1, 2023. The bill would terminate the working group on January 1, 2024. This bill would require the office of the Governor, on or before December 1, 2022, and on or before every December 1 thereafter, to create and deliver to the Legislature a report containing specified information relating to the demographic information, as defined, of individuals appointed by the office of the Governor and relating to information on every state board and commission. The bill would also require, on or before December 1, 2022, and on or before every December 1 thereafter, a portion of that report relating to the boards and commissions of the state to be published on the internet website of the office of the Governor. The bill would also make related findings and declarations.