Asm. Alex Lee

Existing law authorizes the Department of Motor Vehicles to issue and renew driver's licenses, as specified. Existing law also authorizes the department to issue identification cards. Existing law requires the department to issue a restricted driver's license to an eligible applicant who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law if they meet all other qualifications for licensure and provide satisfactory proof of identity and California residency. Existing law also authorizes the department to issue an identification card to a person documented under the federal Deferred Action for Childhood Arrivals program. This bill would, among other things, require the department to, by no later than July 1, 2027, issue a restricted identification card to an eligible applicant who is unable to submit satisfactory proof that their presence in the United States is authorized under federal law if they provide satisfactory proof of identity and California residency, as specified. Existing law requires the restricted licenses and identification cards to include a recognizable feature on the front of the cards, such as the letters "DP" instead of "DL" and "IC" instead of "ID." This bill would delete the provision requiring a recognizable feature on the cards. Existing law prohibits California law enforcement agencies from cooperating, as specified, with federal immigration authorities. Existing law prohibits the disclosure of certain documents provided by an applicant to the department, except in response to a subpoena for individual records in a criminal proceeding or a court order, or in response to a law enforcement request to address an urgent health or safety need, as specified. This bill would specify that immigration enforcement, as defined, does not constitute an urgent health and safety need for those purposes, and would prohibit a government agency or department, law enforcement agency, commercial entity, or other person from obtaining, accessing, using, or otherwise disclosing, noncriminal history information maintained by the department, for the purpose of immigration enforcement. The bill would make other conforming changes. This bill would incorporate additional changes to Section 12926 of the Government Code proposed by SB 523 to be operative only if this bill and SB 523 are enacted and this bill is enacted last.

Existing law grants the Division of Occupational Safety and Health, which is within the Department of Industrial Relations, jurisdiction over all employment and places of employment, with the power necessary to enforce and administer all occupational health and safety laws and standards. The Occupational Safety and Health Standards Board, an independent entity within the department, has the exclusive authority to adopt occupational safety and health standards within the state. Existing law, the California Occupational Safety and Health Act of 1973, requires employers to comply with certain standards ensuring healthy and safe working conditions, as specified, and charges the division with enforcement of the act. Existing law makes certain violations of the act a crime. Existing law requires citations, orders, and special orders issued by the department, in enforcing occupational safety and health standards, to be prominently posted at or near each place a violation referred to in the citation or order occurred, in accordance with specified timeframes and procedures. Existing law makes certain violations of specified posting or recordkeeping requirements enforceable by a civil penalty. This bill would require an employer to post an employee notification containing specified information when the above-described citations or orders are issued. The bill would require this notification, in addition to English, to be made available in specified languages. The bill would make a violation of these provisions enforceable by a civil penalty, as specified. The bill would also include related legislative findings. By expanding the scope of a crime, 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 no reimbursement is required by this act for a specified reason.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Existing law also authorizes the legislative body of a city or a county to adopt ordinances establishing requirements for parking, and permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities. This bill would prohibit a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project, as defined, that is located within 12 mile of public transit, as defined. The bill, notwithstanding the above-described prohibition, would authorize a city, county, or city and county to impose or enforce minimum automobile parking requirements on a housing development project if the public agency makes written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on the public agency's ability to meet its share of specified housing needs or existing residential or commercial parking within 12 mile of the housing development. The bill would create an exception from the above-described provision if the housing development project (1) dedicates a minimum of 20% of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities, (2) contains fewer than 20 housing units, or (3) is subject to parking reductions based on any other applicable law. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a housing development project that is located within 12 mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. By changing the duties of local planning officials, this bill would impose a state-mandated local program. Existing law also requires the Department of Housing and Community Development to notify a city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law. Existing law authorizes the Attorney General to bring suit for a violation of those provisions. This bill would add a violation of the minimum automobile parking requirements of residential, commercial, or other development projects, as described above, to the list of laws that, when violated, require the department to notify the jurisdiction and authorize the Attorney General to bring an action to enforce state law. 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. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2011 and AB 2653 to be operative only if this bill and AB 2011 or AB 2653, or all 3 bills, are enacted and this bill is enacted last. 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 Leroy F. Greene School Facilities Act of 1998 (the Greene Act) , requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for the construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. This bill would require a school district, county office of education, or charter school that intends to seek state funding pursuant to the Greene Act for a school modernization project for a school facility constructed before January 1, 2012, to include, as part of the modernization project submitted to the Division of the State Architect, faucet aerators and water-conserving plumbing fixtures in all bathrooms. The bill would provide that these provisions apply only to those projects submitted to the Division of the State Architect beginning 3 months after voters approve a statewide general obligation bond that provides funds for certain school facilities at a statewide election occurring after November 1, 2022. The bill also would provide that these provisions apply only to those projects that contain an existing faucet or water plumbing fixture in the space to be modernized or repaired and propose to modernize or repair the interior of a school building and do not apply to projects that only propose to repair or make alterations to the exterior of a school building, the school grounds, or the playing fields of a school. The bill also would provide that these provisions do not apply to bathrooms that already contain both faucet aerators and water-conserving plumbing fixtures at the time the modernization project is submitted.

Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, until January 1, 2023, establishes the Speech-Language Pathology Audiology and Hearing Aid Dispensers Board within the Department of Consumer Affairs for the licensure and regulation of speech-language pathologists, speech-language pathology aides, speech language pathology assistants, audiologists, dispensing audiologists, and hearing aid dispensers. Existing law provides for the appointment of members of the board by specified appointing authorities, and, until January 1, 2023, authorizes the board to appoint an executive officer. Existing law authorizes an appointing authority to remove from office at any time any member of a board appointed by the appointing authority for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law makes a violation of the act a misdemeanor. This bill would extend the operation of the board and the authorization to appoint an executive officer until January 1, 2027, and would authorize an appointing authority to remove from office at any time any member of the board appointed by that appointing authority. The bill would specify that, in addition to the enforcement and administration of the act, the board is vested with other regulatory duties of the act. The bill would require an applicant, registrant, or licensee under the act who has an email address to provide it to the board no later than July 1, 2023. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law establishes the Hearing Aid Dispensing Committee, comprised of 5 members, within the jurisdiction of the board. This bill would abolish the committee. Existing law defines "audiology aide" to mean any person meeting the minimum requirements established by the board. Existing law prohibits an audiology aide from performing any function that constitutes the practice of audiology unless they are under the supervision of an audiologist. This bill would delete that prohibition and would instead define "audiology aide" to mean any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. Existing law requires speech-language pathologists and audiologists supervising speech-language pathology or audiology aides to register with the board the name of each person working under their supervision. This bill would make speech-language pathology and audiology aide registrations expire every 2 years and would require the board to establish a renewal fee in an amount not to exceed $30. The bill would require the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide to, at the time of renewal, update the board on the duties the aide performs and the training program and assessment methods the supervisor is using. Existing law requires an applicant for licensure as an audiologist to submit evidence of satisfactory completion of supervised clinical practice under the direction of an educational institution approved by the board and satisfactory completion of supervised professional experience following completion of the didactic and clinical rotation requirements of an audiology doctoral program. This bill would require the clinical practice to be under the direction of an audiology doctoral program at an educational institution approved by the board, and would delete the requirement that supervised professional experience follow completion of the didactic and clinical rotation requirements of the audiology doctoral program. Existing law requires the board to deem a person who holds a Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Association's Council for Clinical Certification to have met specified educational and experience requirements for licensure as a speech-language pathologist or audiologist. This bill would make that requirement applicable only to licensure as a speech-language-pathologist and effective only until January 1, 2027, and would instead require the board, until January 1, 2027, to deem a person who holds either a valid Certification of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Association's Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met specified educational and experience requirements for licensure as an audiologist. Existing law lists various reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon the license of any licensee, including incompetence, gross negligence, or repeated negligent acts. This bill would add specified reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon a license, including for a disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. The bill would authorize a person whose license has been revoked, suspended, or who has been placed on probation to petition the board for reinstatement or modification of penalty after a specified minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action in accordance with specified procedural and other requirements. Existing law provides that a plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction for specified provisions of the act. This bill would also make that provision applicable to hearing aid dispensers. The bill would also make various other conforming and technical changes to the act, including updating cross-references and deleting an obsolete provision. This bill would incorporate additional changes to Section 2530.2 of the Business and Professions Code proposed by SB 1453 to be operative only if this bill and SB 1453 are enacted and this bill is enacted last. 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 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.

The Rechargeable Battery Recycling Act of 2006 requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. The Cell Phone Recycling Act of 2004 prohibits the sale of a cell phone in this state to a consumer unless the retailer of that cell phone has in place a take-back system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. This bill would make the Rechargeable Battery Recycling Act of 2006 inoperative as of September 30, 2026, and would repeal that act as of January 1, 2027, and would make the Cell Phone Recycling Act of 2004 inoperative as of September 30, 2027, and would repeal that act as of January 1, 2028. This bill would enact the Responsible Battery Recycling Act of 2022, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of covered batteries, as defined. The bill would require a program operator, as defined, to develop, and to submit to the Department of Resources Recycling and Recovery (department) and the Department of Toxic Substances Control for review and for approval by the department, as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries. The bill would require the department, in consultation with the Department of Toxic Substances Control, to adopt regulations to implement the act with an effective date of no earlier than April 1, 2025. The bill would require a program operator to have a complete stewardship plan approved by the department no later than 24 months after the effective date of the regulations adopted by the department in order for the program operator to be in compliance with the act. This bill would require a program operator to be audited annually, and submit a report and budget to the department, as prescribed, and would require a program operator, stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site to, among other things, provide the department and the Department of Toxic Substances Control with relevant records necessary to determine compliance with the act. The bill would require reports and records provided to the department to be provided under penalty of perjury, thereby creating a state-mandated local program by expanding the crime of perjury. The bill would restrict public access to certain information collected for the purpose of administering a stewardship program. The bill would preempt all rules, regulations, codes, ordinances, or other laws adopted by a city, county, city and county, municipality, or a local agency on or after January 1, 2023, regarding stewardship programs for covered batteries. This bill would require the department, within 24 months of the effective date of the regulations to implement these provisions, and each year thereafter, to post on its internet website a list of producers that are in compliance with the act, including the reported brands of covered batteries of each producer. The bill would require the department to remove from the list any producer, including its brands and covered batteries, that is not in compliance with the act. The bill would prohibit, on and after the date that a stewardship plan is approved by the department, a retailer or distributor from selling, distributing, offering for sale, or importing a covered battery in or into the state unless the producer of the covered battery is listed on that list as in compliance on the act, except as specified. The bill would require the department to relist on its internet website a producer, along with its brands and covered batteries, if the department subsequently determines that the producer is in compliance with the act. This bill would require a program operator to reimburse the department and the Department of Toxic Substances Control for their respective actual and reasonable regulatory costs that are directly related to implementing and enforcing the act in relation to the program operator's activities. The bill would require the department and the Department of Toxic Substances Control to deposit those moneys into the Covered Battery Recycling Fund, which the bill would establish, and would authorize the department and the Department of Toxic Substances Control to expend those moneys, upon appropriation by the Legislature, to implement and enforce the act. This bill would provide for enforcement of the act, including authorizing the department to impose an administrative civil penalty on a program operator, stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site in violation of the act not to exceed $10,000 per day, unless the violation is intentional, knowing, or reckless, then in that case not to exceed $50,000 per day. The bill would require the department to deposit those moneys into the Covered Battery Recycling Penalty Account, which the bill would establish in the fund, and would make those moneys available for expenditure upon appropriation by the Legislature. 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. 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. 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 establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of oil and gas wells in the state and the operation, maintenance, and removal or abandonment of tanks and facilities related to oil and gas production within an oil and gas field, so as to prevent damage to life, health, property, and natural resources. Existing law requires the operator of a well to file a written notice of intention to commence drilling with, and prohibits any drilling until approval is given by, the supervisor or district deputy. Existing law authorizes the supervisor to require other pertinent information to supplement the notice. Existing law requires the owner of any well to file with the supervisor a monthly statement that provides certain information relating to the well, as provided. Existing law requires an operator proposing to perform a well stimulation treatment to apply to the supervisor or district deputy for a permit to perform the well stimulation treatment and imposes other requirements and conditions on the use of well stimulation treatments. Under existing law, a person who fails to comply with this and other requirements relating to the regulation of oil or gas operations is guilty of a misdemeanor. This bill would prohibit, commencing January 1, 2023, the division from approving any notice of intention within a health protection zone, as defined, except for reasons related to preventing or responding to a threat to public health, safety, or the environment, complying with a court order, or to plug and abandon or reabandon a well, as provided. The bill would also explicitly authorize the division to approve notices of intention to public and private entities who own, purchase, or lease land containing idle-deserted or previously plugged and abandoned wells for the purposes of those public and private entities plugging and abandoning, or replugging and abandoning, those oil and gas wells so development of nonfossil fuel production and injection and related uses can proceed, as provided. The bill would require an operator who submits a notice of intention, except for certain notices of intention, to also submit either a sensitive receptor inventory and map of the area within the 3,200 feet radius of the wellhead or proposed wellhead location to the division, or a statement certifying that the operator has confirmed that there are no sensitive receptors, as defined, located within 3,200-foot of the wellhead location, as provided. If a notice of intention is approved pursuant to compliance with a court order, the bill would require the operator of the oil or gas well to provide an individual indemnity bond sufficient to pay the full cost of properly plugging and abandoning the operator's well or wells, and decommissioning any attendant production facilities in the health protection zone, as provided. Commencing January 1, 2025, the bill would require all oil or gas production facilities or wells with a wellhead within a health protection zone to comply with specified health, safety, and environmental requirements, as provided. These health, safety, and environmental requirements would, among other things, require compliance with requirements related to applicable permits, public notice, sound levels, light generation, migration of dust and particulates beyond property boundaries, emissions and vapor venting, and chemical analyses of produced waters. The bill would also require all operators with a production facility or well with a wellhead in a health protection zone to submit a leak detection and response plan, as provided, to the division by January 1, 2025, require division approval or notice of deficiency by January 1, 2026, and require implementation of the plan by January 1, 2027. The bill would require the division to hold public workshops related to the leak detection and response plans, as provided, operators to review and update their plans at least once every 5 years, subject to division approval, and the supervisor to notify the applicable legislative budget and policy committees about these leak detection and response plans, as provided. The bill would require operators to contact property owners and tenants before commencing work that requires a notice of intention, and would also require operators to comply with water sampling requirements, as provided. The bill would require every operator to submit a sensitive receptor inventory and map to the division by July 1, 2023, and provide updates to the inventory and map annually thereafter, as provided, and require the division to make all current sensitive receptor inventories and maps publicly available on its internet website. The bill would, commencing January 1, 2027, and annually thereafter, require operators with a wellhead or other production facility in a health protection zone to provide information to the division, as provided, and require the division to make this information publicly available on its internet website. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program. The bill would exempt from its provisions underground gas storage wells and attendant production facilities. The bill would require the division, on or before July 1, 2027, and annually thereafter, to provide a legislative report to the applicable budget and policy committees regarding the implementation of health protection zones, as provided. The bill would authorize the division, the State Air Resources Board, and the State Water Resources Control Board to prescribe, adopt, and enforce any emergency regulations as necessary to implement, administer, and enforce these duties, as provided. The bill would require the State Air Resources Board, relevant local air districts, the State Water Resources Control Board, and relevant local water quality control boards, by June 1, 2023, to enter into memoranda of understanding with the division to clearly delineate respective responsibilities for the implementation and enforcement of health protection zones. By imposing requirements on local entities, the bill would impose a state-mandated local program. This bill would state that its provisions are severable. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the Trial Court Trust Fund for the purpose of funding trial court operations. For purposes of those provisions, court operations are defined to include, among other things, juror expenses such as travel reimbursement. Existing law also specifies the travel reimbursement to be paid to jurors in civil and criminal cases at $0.34 per mile for each mile traveled in attending court after the first day, in going only. This bill would require the mileage reimbursement provision described above to apply to travel both going and leaving court. The bill would require that all jurors and prospective jurors who have been summoned be provided access to existing public transit services at no cost, as specified. The bill would authorize courts to partner with public transit operators to provide this no-cost service or to determine an alternate method of reimbursement up to a daily maximum of $12. The bill would exempt from this requirement a court located where a public transit operator does not provide existing service that is reasonably available to the court facility. The bill would require a court to consider certain factors in determining whether transit service is reasonably available to the court facility. The bill would require a court, prior to determining that transit service is not reasonably available, to contact the public transit operator to inquire whether new transit options may be implemented near the court. The bill would require the Judicial Council to sponsor a pilot program for 2 fiscal years to study whether increases in juror compensation and mileage reimbursement rates increase juror diversity and participation. The bill would require the Judicial Council to provide a report to the Legislature describing the findings of the pilot program and providing information for promoting juror diversity.

The California Constitution prohibits the development, construction, or acquisition of a low-rent housing project, as defined, in any manner by any state public body until a majority of the qualified electors of the city, town, or county in which the development, construction, or acquisition of the low-rent housing project is proposed approve the project by voting in favor at an election, as specified. This measure would repeal these provisions.

Existing law requires an operator of a commercial website or online service that collects personally identifiable information through the internet about individual consumers residing in California who use or visit its commercial website or online service to make its privacy policy available to consumers, as specified. This bill would require a social media company, as defined, to post their terms of service for each social media platform, as defined, owned or operated by the company in a specified manner and with additional specified information, subject to certain exceptions. The bill would define "terms of service" to mean a policy or set of policies adopted by a social media company that specifies, at least, the user behavior and activities that are permitted on the internet-based service owned or operated by the social media company, and the user behavior and activities that may subject the user or an item of content to being actioned, as defined. This bill would also require the social media company to submit reports, as specified, starting no later than January 1, 2024, to the Attorney General. The bill would specify the information required by the reports, including, but not limited to, the current version of the terms of service for each social media platform owned or operated by the company, specified categories of content and what policies the social media company has for that platform to address that content, and data related to violations of the terms of service for each platform. The bill would require the Attorney General to make all terms of service reports submitted pursuant to those provisions available to the public in a searchable repository on its official internet website. The bill would state the intent of the Legislature that a social media company that violates the above provisions shall be subject to meaningful remedies sufficient to induce compliance with these provisions, and would specify civil penalties that a company shall be liable for if the bill's provisions are violated, and how the Attorney General or a city attorney may bring an action against violators. The bill would specify that the duties, obligations, remedies, and penalties imposed by the bill are cumulative to existing law.