Asm. Ash Kalra

Existing law establishes various real estate disclosure requirements applicable to the transfer of residential real property. This bill would require an owner of residential real property, defined to include a single-family residential property that is occupied by a tenant or a multifamily residential property to take various actions before offering the residential real property for sale to any purchaser, soliciting any offer to purchase the residential real property, or otherwise entering into a contract for sale of the residential real property. The bill would exempt certain transfers of a residential real property from its provisions, including, among others, a transfer between spouses, domestic partners, parent and child, siblings, grandparent and grandchild, a transfer pursuant to a court order, and a transfer by eminent domain. This bill would require the owner of the residential real property to notify each tenant and each qualified entity, as defined, of the owner's intent to sell the residential real property. The bill would provide each qualified entity with 10 days to notify the property owner of their interest in purchasing the property and further provide a qualified entity with either 60 days or 40 days, depending on the number of units of the property, to submit an offer to purchase the residential real property. This bill would allow a property owner to sell the property to any party if the property owner does not receive any interest to purchase the property from a qualified entity or receive an offer from a qualified entity within these timeframes. The bill would allow a property owner to reject any offer received from a qualified entity and sell to a party that is not a qualified entity, but would provide a qualified entity that submits a rejected offer with 10 days to invoke a right of first refusal to match a subsequent offer accepted by the property owner. This bill would require a qualified entity that purchases a residential real property pursuant to these provisions and all successive owners to retain all existing tenancies and to restrict the units of the property to rents affordable to persons and families of low and moderate income, with the maximum average income of the tenants not to exceed 80% of the area median income. The bill would make these affordability requirements recordable and enforceable. This bill would require the qualified entity to provide the tenants of a single-family residential real property or a current or future resident organization in a multifamily residential real property with 18 months to purchase the entire residential real property, or, if ownership of the land will be retained by a community land trust under a 99-year ground lease, the opportunity to purchase improvements, after the qualified entity takes title of the property. This bill would require the Department of Housing and Community Development to develop a process for qualified entities, including, among others, a local public entity, eligible nonprofit corporation, limited equity housing cooperative, and resident organizations formed for the purpose of acquiring a multifamily residential real property, to notify the department of their interest in purchasing residential real property. The bill would require the department to maintain a list of those organizations that have submitted this notice on its internet website. This bill would require each owner that sells a residential real property to record, or cause to be recorded, a certification of compliance under penalty of perjury at the time of sale, as specified, and would make failure to file the certificate an infraction punishable as specified. By expanding existing crimes, the bill would impose a state-mandated local program. The bill would also grant a private cause of action to specified entities to enforce the provisions of the bill, and would allow for civil remedies, as specified. Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law, with respect to residential real property containing up to 4 dwelling units, requires a mortgagee, trustee, beneficiary, or authorized agent to provide to the mortgagor or trustor a copy of the recorded notice of default and a copy of the recorded notice of sale. This bill would additionally require a mortgagee, trustee, beneficiary, or authorized agent to, upon filing a notice of default, provide to the mortgagor or trustor a list of qualified entities located within the county of the residential real property, as defined. The bill would also require the mortgagee, trustee, beneficiary, or authorized agent to notify the tenant of the residential real property of the filing of a notice of default. 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 imposes taxes upon income and real property, as well as taxes upon certain transactions and excise taxes. This bill would, for taxable years beginning on or after January 1, 2024, and before January 1, 2026, impose an annual tax at a rate of 1.5% of a resident of this state's worldwide net worth in excess of $1,000,000,000, or in excess of $500,000,000 in the case of a married taxpayer filing separately. The bill would, for taxable years beginning on or after January 1, 2026, impose an annual tax at a rate of 1% of a resident's worldwide net worth in excess of $50,000,000, or in excess of $25,000,000 in the case of a married taxpayer filing separately. The bill would also impose, for taxable years beginning on or after January 1, 2026, an additional tax at a rate of 0.5% of a resident's worldwide net worth in excess of $1,000,000,000, or in excess of $500,000,000 in the case of a married taxpayer filing separately. The bill would describe worldwide net worth with reference to specific federal provisions and would provide that worldwide net worth does not include specific assets, including personal property situated out of state, directly held real property, or liabilities related to directly held real property. The bill would also authorize the Franchise Tax Board to adopt regulations to carry out these provisions, including regulations regarding the valuation of certain assets that are not publicly traded. The bill would require new certifications by taxpayers, made under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would establish the Wealth Tax Advisory Council. The bill would require the council to determine an adequate level of annual funding and staffing for the administration and collection of the wealth tax imposed by this bill. The bill would provide specific guidelines for what constitutes adequate levels of annual funding and staffing for the administration and collection of a wealth tax. The bill would establish 2 continuously appropriated funds in the State Treasury to cover the expenses of the administration and collection of the wealth tax. Under the bill, the funds would be funded by the greater of either a specified amount or a certain percentage of revenues estimated to be generated by the wealth tax. By establishing new continuously appropriated funds, this bill would make an appropriation. Existing law, the False Claims Act, provides that any person who commits specified acts, including, but not limited to, knowingly presenting a false or fraudulent claim for payment or approval or knowingly making or using a false record or statement material to a false or fraudulent claim, is liable to the state or to the political subdivision for 3 times the amount of damages that the state or political subdivision sustained because of the act and for the costs of a civil action brought to recover any penalties or damages, and is subject to a civil penalty. That act requires the Attorney General or the prosecuting authority of a political subdivision to diligently investigate violations of those specific acts involving state funds or political subdivision funds, respectively, and authorizes the Attorney General, the prosecuting authority, or a qui tam plaintiff to bring a civil action against a person who commits those acts. That act does not apply to claims, records, or statements made under the Revenue and Taxation Code. This bill would apply the provisions of the False Claims Act to claims, records, or statements made in relation to the wealth tax imposed by the bill, as specified. Existing law generally makes it a misdemeanor for specified persons, including, among others, officers or employees of the state or its political subdivisions, to disclose information set forth or disclosed in returns, reports, or documents required to be filed under the franchise and income tax laws. This bill would create an exception to these rules in the case of information related to the Wealth Tax, as requested by the University of California or the Wealth Tax Advisory Council, so long as specified information privacy protections are in place, and the request is for a specified purpose. This bill would specify that the tax imposed by the bill shall only become operative if a specified constitutional amendment is approved by the voters and takes effect. This bill would include a change in state statute that would result in a taxpayer paying a higher tax 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. 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 prescribes the duties of the State Registrar of Vital Statistics (State Registrar) and local registrars of births and deaths with respect to the registration of certificates of live birth, fetal death, or death, and marriage licenses. Existing law requires the State Registrar to prescribe and furnish all record forms for use in carrying out the provisions governing vital records and prohibits the use of any record form or format other than those prescribed by the State Registrar. Existing law requires every live birth, fetal death, death, and marriage that occurs in the state to be registered with the local registrar. Existing law requires certificates of live birth, fetal death, or death, and a marriage license to include specified information, such as the full name of the child on a certificate of live birth and the full names of the parties to be married on a marriage license. Existing law also requires the county clerk to issue a confidential marriage license, as specified, on a form prescribed by the State Registrar. This bill would require the State Registrar to require the use of a diacritical mark on an English letter to be properly recorded, when applicable, on a certificate of live birth, fetal death, death, marriage license and certificate, or confidential marriage license and certificate, and would require the use of a diacritical mark to be deemed an acceptable entry by the State Registrar. The bill would provide that the absence of a diacritical mark on a certificate of live birth, fetal death, or death, or a marriage license does not render the document invalid nor affect any constructive notice imparted by proper recordation of the document. The bill would authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter in any certificate of live birth, fetal death, death, or marriage already registered, the person asserting the omission, or the person's conservator, or if a minor, the person's parent or guardian, to submit a written request to the State Registrar for the issuance of a new certificate of birth, fetal death, death, or marriage stating the changes necessary to make the name correct. The bill would require the State Registrar to review the request and, if the request is accompanied with the payment of a specified fee, to issue a new certificate of live birth, fetal death, death, or marriage with the accurate name identified in the request. The bill would also authorize, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter on any confidential license and certificate of marriage already registered, the party asserting the omission to make an affidavit, under oath, stating the changes necessary to make the record correct and file it with the county clerk. The bill would require the county clerk to review the amendment for acceptance for filing, and if accepted, file the amendment and note the fact of the amendment, with its date, on the otherwise unaltered original confidential license and certificate of marriage. By requiring the affidavit to be under oath, the bill would expand the crime of perjury, thereby imposing a state-mandated local program. By increasing duties on county clerks, 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 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 Department of General Services to provide centralized services, including, but not limited to, planning, acquisition, construction and maintenance of state buildings and property. Existing law authorizes the Director of General Services, with the consent of the state agency concerned, to lease state-owned real property when the Director of General Services deems that leasing serves a beneficial public purpose limited to the development of housing. This bill would enact the Social Housing Act and would create, in the Department of General Services, the Social Housing Program, the mission of which would be to ensure that qualified social housing developments are produced on leased state property to help address the housing crisis, as specified. The bill would authorize the program to identify and develop up to 3 qualified social housing projects, as specified, with the intent to use the results to inform public policy related to developing an independent public entity to develop statewide qualified social housing. The bill would require the program to solicit bids to develop qualified social housing units, and prioritize bids that demonstrate long-term revenue neutrality or a cost rent model, as those terms are defined. The bill would require the program to employ 2 different leasing models, the rental model and the ownership model, as specified, in creating social housing. The bill would prohibit a city or county from denying a social housing development authorized under the program. The bill would authorize a city or county to propose objective design review standards, as specified, and authorize a city or county to propose modifications to mitigate any specific, adverse impacts on public health or safety, as specified.

Existing law establishes the Department of Forestry and Fire Protection within the Natural Resources Agency. Existing law vests the department with specified responsibilities, including providing fire protection, fire prevention, pest control, and forest and range protection and enhancement implements and apparatus as necessary. Existing law, the California Urban Forestry Act of 1978, has as a stated purpose the promotion of the use of urban forest resources for purposes of increasing integrated projects with multiple benefits in urban communities. This bill would establish the California Pocket Forest Initiative in the department and would authorize the department to coordinate implementation of the initiative in conjunction with the act. The bill would authorize the department to offer grants to cities, counties, districts, nonprofit organizations, the California Conservation Corps or certified community conservation corps, public universities, public community colleges, and public schools to establish pocket forests on public lands, as provided. The bill would require the department to prioritize disadvantaged communities and communities that lack publicly accessible green space for these grants. The bill would require the department to partner with one or more academic institutions to test, and submit a report on or before January 1, 2030, to the Legislature that evaluates, the applicability and effectiveness of the Miyawaki method, as defined, to restore degraded lands and reforest urban areas in multiple regions throughout California. The bill would repeal these provisions on January 1, 2031.

Existing law, the California Values Act, prohibits a California law enforcement agency, defined as including both state and local agencies but excluding the Department of Corrections and Rehabilitation, from providing a person's release date or responding to a request for notification of a release date, unless that information is available to the public. The bill would prohibit the Department of Corrections and Rehabilitation from detaining on the basis of a hold request, providing an immigration authority with release date information, or responding to a notification request, transferring to an immigration authority, or facilitating or assisting with a transfer request any individual who is eligible for release pursuant to specified provisions, including, among others, youth offender, elderly, and medical parole releases. Existing law requires the Department of Corrections and Rehabilitation to cooperate with the United States Department of Homeland Security by providing the use of prison facilities, transportation, and general support, as needed, for the purposes of conducting and expediting deportation hearings and subsequent placement of deportation holds on undocumented immigrants who are incarcerated in state prison. Existing law requires the department to identify inmates serving terms in state prison who are undocumented aliens subject to deportation. Existing law would require the department, upon the enactment of any federal law requiring these persons to be incarcerated in federal prison, to provide this information to the federal government, as specified. This bill would repeal these provisions.

Existing law, until January 1, 2023, made it a crime to loiter with the intent to commit prostitution. Existing law authorizes a person who has been convicted of loitering with intent to commit prostitution to petition the court for a recall or dismissal of sentence, as specified. This bill would state that those convictions are presumed legally invalid because the conviction was sought, obtained, or imposed for, among other reasons, race, ethnicity, or national origin. Existing law, until January 1, 2018, made a defendant guilty of a felony if they are convicted of prostitution and had been previously convicted of prostitution or of another specified sexual offense, and in connection with the conviction a blood test was administered, as specified, with positive test results for AIDS, of which the defendant was informed. Existing law authorizes a person convicted under those provisions to petition the court for recall and dismissal of sentence, as specified. This bill would state that those convictions are presumed legally invalid because the conviction was sought, obtained, or imposed for, among other reasons, race, ethnicity, or national origin. This bill would also make related findings and declarations.

Existing law establishes the Office of Health Care Affordability within the Department of Health Care Access and Information to analyze the health care market for cost trends and drivers of spending, develop data-informed policies for lowering health care costs for consumers and purchasers, and create a state strategy for controlling the cost of health care. Existing law requires the office to collect data and other information it deems necessary from health care entities to carry out the functions of the office, and requires the office to require providers and physician organizations to submit audited financial reports or comprehensive financial statements, as specified. Existing law requires those reports and statements to be kept confidential, and specifies that they are not required to be disclosed under the California Public Records Act. Existing law requires the office to obtain information about health care service plans from the Department of Managed Health Care. Existing law requires a contract between a health care service plan and a risk-bearing organization to include provisions concerning the risk-bearing organization's administrative and financial capacity. Existing law requires the director of the Department of Managed Health Care to adopt regulations regarding, among other things, periodic reports from a health care service plan that include information concerning the risk-bearing organizations and the type and amount of financial risk they have assumed. Existing law establishes, within the office, the Health Care Affordability Board, composed of 8 members, appointed as prescribed. This bill, the Medical Group Financial Transparency Act, would authorize the disclosure of audited financial reports and comprehensive financial statements of providers and physician organizations collected by the Office of Health Care Affordability and financial and other records of risk-bearing organizations made available to the Department of Managed Health Care. This bill would authorize the board, members of the board, the office, the department, and the employees, contractors, and advisors of the office and the department to use confidential audited financial reports and comprehensive financial statements only as necessary to carry out functions of the office. The bill would also require certain physician organizations, as specified, to produce or disclose audited financial reports and comprehensive financial statements to the office, subject to these provisions. The bill would require the audited financial reports and comprehensive financial statements produced or disclosed to the office to be made available to the public, by the office, as specified. The bill would also make related findings and declarations.

Existing law, the Meyers-Milias-Brown Act and the Ralph C. Dills Act, regulate the labor relations of employees and employers of local public agencies and the state, respectively. Those acts grant specified employees, including, among others, certain employees of fire departments, of local public agencies and the state the right to form, join, and participate in the activities of employee organizations of their choosing and require public agency employers, among other things, to meet and confer with representatives of recognized employee organizations and exclusive representatives on terms and conditions of employment. The acts grant the Public Employment Relations Board the power to hear specified disputes in relation to these provisions and to make determinations regarding them. With regard to certain employees of fire departments, existing law provides that those persons do not have the right to strike or recognize a picket line of a labor organization while in the course of the performance of their official duties. This bill would provide, except as specified, that it is not unlawful or a cause for discipline or other adverse action against a public employee for that public employee to refuse to enter property that is the site of a primary strike, perform work for a public employer involved in a primary strike, or go through or work behind a primary strike line. The bill would prohibit a public employer from directing a public employee to take those actions. The bill would authorize a recognized employee organization to inform employees of these rights and encourage them to exercise those rights. The bill would also state that a provision in a public employer policy or collective bargaining agreement that purports to limit or waive the rights set forth in this provision shall be void as against public policy, except that the bill would require the parties to negotiate over the bill's provisions if the bill is in conflict with a collective bargaining agreement entered into before January 1, 2024, as prescribed. The bill would exempt certain public employees of fire departments and certain peace officers from these provisions. The bill would include related legislative findings.

Existing law, enacted to implement a specified low-income housing tax credit established by federal law, requires the California Tax Credit Allocation Committee to annually determine and allocate the state ceiling in accordance with those provisions and in conformity with federal law. Existing law authorizes the committee to adopt, amend, or repeal rules and regulations for the allocation of housing credits. Existing law requires that specified amounts of the low-income housing tax credits be set aside for allocation to rural areas, small developments, and farmworker housing, as specified. This bill would require the committee to revise its regulations to increase the housing type goal for senior developments to 20 percent. This bill would include a change in state statute that would result in a taxpayer paying a higher tax 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.