Asm. Marc Berman

Existing law, the Nonprofit Public Benefit Corporation Law, establishes the requirements for the formation and operation of a nonprofit public benefit corporation and provides that a corporation is subject at all times to examination by the Attorney General. Existing law generally requires a corporation to give written notice to the Attorney General before it sells, leases, conveys, exchanges, transfers, or disposes of its assets, except as specified. Existing law provides specific procedures for health facilities and additionally requires these facilities to obtain the consent of the Attorney General prior to entering into a specified agreement or transaction. This bill would require a nonprofit corporation that operates or controls a private postsecondary educational institution to obtain the Attorney General's consent before entering into certain agreements or transactions, including an agreement or transaction to sell or convey its assets to, or to transfer control, responsibility, or governance of a material amount of its assets to, a for-profit corporation or mutual benefit corporation. The bill would require the Attorney General to consider specified factors in consenting to, giving conditional consent to, or not consenting to, the agreement or transaction, and would authorize the Attorney General to contract with experts, consultants, and state agencies, including the Bureau for Postsecondary Education, to receive advice in reviewing the agreement or transactions that are subject to the above-specified provisions. The bill would authorize the Attorney General, as a condition of approving the agreement or transaction, to transfer assets from the proceeds of the sale or transaction to the Student Tuition Recovery Fund, a continuously appropriated fund. By authorizing the deposit of additional moneys into a continuously appropriated fund, the bill would make an appropriation.

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 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. This bill would exempt from CEQA the acquisition, sale, or other transfer of interest in land by a public agency for certain purposes, or the granting or acceptance of funding by a public agency for those purposes.

The Electric Vehicle Charging Stations Open Access Act prohibits the charging of a subscription fee on persons desiring to use an electric vehicle charging station, as defined, and prohibits requiring those persons to obtain membership in any club, association, or organization as a condition of using the station, except as specified. The act requires an electric vehicle charging station to provide to the general public 2 specified options for payment. The act also authorizes the State Air Resources Board, if no interoperability billing standards have been adopted by a national standards organization by January 1, 2015, to adopt interoperability billing standards, as defined, for network roaming payment methods for electric vehicle charging stations, and requires, if the state board adopts standards, all electric vehicle charging stations that require payment to meet those standards within one year. This bill instead would require an electric vehicle charging station to provide to the general public a toll-free telephone number for processing a credit card payment and onsite capacity for credit card payment, as defined. The bill instead would authorize the state board, if no interoperability billing standards, as defined, have been adopted by an international standards organization by January 1, 2021, to adopt interoperability billing standards for network roaming payment methods for electric vehicle charging stations, and would require, if the state board adopts standards, all electric vehicle charging stations that require payment to meet those standards by deadlines specified by the state board.

Existing law requires specified categories of law enforcement officers to meet training standards pursuant to courses of training certified by the Commission on Peace Officer Standards and Training. Existing law requires the commission to implement a course or courses of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and also to develop guidelines for law enforcement response to domestic violence. Existing law also requires the commission to adopt rules establishing minimum standards relating to the recruitment and training of local public safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies. This bill would require the commission to develop and implement, on or before January 1, 2021, a course of training regarding gun violence restraining orders. The bill would require the course to be incorporated into the course or courses of basic training for law enforcement officers on or before January 1, 2021, and would require the course or courses to include specified topics, including the process of filing a petition for gun violence restraining orders and situational training to assist officers in identifying when a gun violence restraining order is appropriate. The bill would authorize law enforcement officers, administrators, and executives to participate in supplementary training that includes these topics.

The Off-Highway Motor Vehicle Recreation Act of 2003 creates the Division of Off-Highway Motor Vehicle Recreation within the Department of Parks and Recreation. The act gives the division certain duties and responsibilities, including the planning, acquisition, development, conservation, and restoration of lands in state vehicular recreation areas. Existing law creates the Off-Highway Vehicle Trust Fund to be the repository of certain moneys, including certain fees received by the department for the use of state vehicular recreation areas. Existing law requires the revenues in the fund to be available, upon appropriation, for grants and cooperative agreements, as specified, the support of the division, and the planning, acquisition, development, mitigation, construction, maintenance, administration, operation, restoration, and conservation of lands in state vehicular recreation areas and certain other areas. This bill would authorize the department to dispose of the portion of the Carnegie State Vehicular Recreation Area known as the "Alameda-Tesla Expansion Area" to permanently preserve that land for conservation purposes, as specified, if the department determines that disposing of the land is in the public interest. The bill would require that the land only be sold to a local agency or nonprofit organization for use as a park or other open-space purpose, as specified. The bill would require any revenue from the disposition of the land to, upon appropriation by the Legislature, first be used to reimburse the Department of General Services for any cost or expense incurred in the disposition of the land, and then would require any remaining revenue to be deposited in the Off-Highway Vehicle Trust Fund.

Existing law, the Children's Mental Health Services Act, establishes an interagency system of care for the delivery of mental health services to seriously emotionally and behaviorally disturbed children and their families. Existing law, the Mental Health Services Act, an initiative statute enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, also funds a system of county mental health plans for the provision of mental health services, as specified. Existing law provides for the operation and administration of various mental health programs by the Mental Health Services Oversight and Accountability Commission. This bill would require the commission, subject to an appropriation, to administer an Integrated Youth Mental Health Program for purposes of establishing local centers to provide integrated youth mental health services, as specified. The bill would authorize the commission to establish the core components of the program, subject to specified criteria, and would require the commission to develop the selection criteria and process for awarding funding to local entities for these purposes. The bill would authorize the commission to implement these provisions by means of an informational letter, bulletins, or similar instructions.

This measure would recognize June 12, 2019, as the 121st Anniversary of Philippine Independence and would call upon the people of the state to observe the month of June with appropriate ceremonies, programs, and activities.

This measure would urge the President and the Congress of the United States to enact legislation to provide permanent legal status and a path to citizenship for immigrant youths and individuals with Deferred Enforced Departure and Temporary Protected Status.