Under the Porter-Cologne Water Quality Control Act, the State Water Resources Control Board (state board) and the California regional water quality control boards (regional boards) are the principal state agencies with primary authority over water quality matters. The act authorizes a regional board to investigate the quality of state waters, and grants to a regional board certain authority in connection with those investigative functions. The act authorizes a regional board to administratively impose civil liability in connection with violations of certain water quality provisions, and authorizes the executive officer of a regional board to issue a complaint to any person on whom administrative civil liability may be imposed pursuant to the act. The state act, with certain exceptions, imposes a mandatory minimum penalty of $3,000 for serious violations, as defined, and for exceeding certain effluent limitations, failing to file a required report, or filing that report incomplete, if those violations occur 4 or more times in any period of 6 consecutive months. Existing law permits the state board or regional board, in lieu of assessing all or a portion of the mandatory minimum penalties against a publicly owned treatment works serving a small community, as defined, to elect to require the publicly owned treatment works to spend an equivalent amount towards completion of a compliance project proposed by the publicly owned treatment works if the state board or regional board makes certain findings. Existing law, for these purposes, defines "a publicly owned treatment works serving a small community" as a publicly owned treatment works serving a population of 10,000 persons or fewer or a rural county, with a financial hardship, as specified. This bill, for purposes of the exception, would instead define "publicly owned treatment works serving a small community" as a publicly owned treatment works serving a population of 20,000 persons or fewer or a rural county, with a financial hardship. Existing law requires the state board to continuously report and update information on its Internet Web site, but at a minimum annually on or before January 1, regarding its enforcement activities. This bill would instead require the state board to continuously report and update information on its Internet Web site and to annually report on its enforcement activities on or before December 31. Existing law provides for the regulation of underground storage tanks by the state board. Existing law imposes a civil or criminal penalty, as specified, for violations of specified provisions relating to underground storage tank systems, and requires that civil penalties or criminal fines be deposited into the State Water Pollution Cleanup and Abatement Account, to be available upon appropriation by the Legislature, for purposes of activities relating to water pollution or the cleaning up of waste or abating its effects on waters of the state. This bill would allow the state board to impose civil liability administratively for those violations pursuant to the administrative liability provisions of the Porter-Cologne Water Quality Control Act, to be deposited in the State Water Pollution Cleanup and Abatement Account. The bill would require the executive director of the state board to consult with the appropriate local agency before issuing a complaint.
Sponsored bills
(1) Existing law, the State Bar Act, makes it a cause for suspension, disbarment, or other discipline for any member of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member, as defined, to a federal, state, or local agency because the witness or party exercises or has exercised a right related to his or her employment. This bill would expand that provision to make it a cause for suspension, disbarment, or other discipline for a member of the State Bar to report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action or his or her family member, as defined, to a federal, state, or local agency because the witness or party exercises or has exercised a right related to the hiring of residential real property. (2) Existing law provides that a tenant of real property, property for a term less than life, or the executor of his or her estate, is guilty of unlawful detainer if, among other things, he or she continues in possession, in person or by subtenant, of the property or any part of the property, after the expiration of the term for which it is let to him or her, except as specified. Existing law authorizes a tenant of residential real property to assert as an affirmative defense in an unlawful detainer action based upon a default in the payment of rent that the lessor failed to comply with certain requirements relating to the safety and habitability of the dwelling. This bill would prohibit a lessor from causing a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other person known to the lessor to be associated with a tenant or occupant, unless the lessor is complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. The bill would authorize a tenant or occupant to assert as an affirmative defense in an unlawful detainer action that a lessor violated this provision. The bill would also establish a rebuttable presumption that an affirmative defense is successful if the lessor approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action and included in the unlawful detainer action specified claims. (3) Existing law makes it unlawful for a lessor to engage in specified activities for the purpose of influencing a lessee to vacate a dwelling, including using, or threatening to use, force, willful threats, or menacing conduct that interferes with the tenant's quiet enjoyment of the premises and that would create an apprehension of harm in a reasonable person. This bill would also prohibit a lessor from threatening to disclose information regarding or relating to the immigration status or citizenship status of a tenant, occupant, or other person associated with a tenant or occupant for the purpose of influencing a tenant to vacate a dwelling. (4) Existing law prohibits a lessor, or an agent of a lessor, from making any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential real property, or from requiring a tenant, prospective tenant, occupant, or prospective occupant of the rental property make any statement, representation, or certification concerning his or her immigration or citizenship status. Existing law provides that the prohibitions described above do not prohibit a lessor from complying with any legal obligation under federal law. This bill would also prohibit a lessor, or an agent of a lessor, from disclosing to any person or entity information regarding or relating to the immigration or citizenship status of any tenant, prospective tenant, occupant, or prospective occupant of the rental property for the purpose of, or with the intent of, harassing or intimidating a tenant, prospective tenant, occupant, or prospective occupant, retaliating against a tenant or occupant for the exercise of his or her rights, influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling. The bill would clarify that the term "federal law" in the provision described above includes any legal obligation of a lessor under a federal government program that provides for rent limitations or rental assistance to a qualified tenant, and would broaden that provision to include any legal obligation of a lessor under a subpoena, warrant, or other order issued by a court. This bill would make it unlawful for a lessor to disclose to any immigration authority, law enforcement agency, or local, state, or federal agency information regarding or relating to the immigration or citizenship status of any tenant, occupant, or other person known to the lessor to be associated with a tenant or occupant, as provided, for the purpose of, or with the intent of, harassing or intimidating a tenant or occupant, retaliating against a tenant or occupant for the exercise of his or her rights, influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling, unless the lessor is complying with any legal obligation under federal law, or a subpoena, warrant, or order issued by a court. The bill would require a court to order a lessor to pay specified civil penalties in the event of a violation of these provisions to the tenant, and to issue injunctive relief to prevent the lessor from engaging in similar conduct in the future, and would require the court to notify the district attorney of the county in which the real property for hire at issue was located of a potential violation of specified laws relating to extortion. The bill would also require a court to award attorney fees and costs to the prevailing party in an action under these provisions. The bill would prohibit a tenant, occupant, or person known to the landlord to be associated with a tenant or occupant, from waiving his or her rights under these provisions. The bill would authorize a nonprofit organization exempt from federal income taxation to bring an action for injunctive relief under these provisions. (5) Existing law provides that, if a lessor retaliates against a lessee of a dwelling for exercising his or her rights or because of a complaint to an appropriate agency as to tenantability and if the lessee is not in default as to the payment of rent, the lessor may not recover possession, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of the occurrence of specified events. This bill would provide that a lessor would violate that prohibition if the lessor reported, or threatened to report, the lessee, or individuals known to the lessor to be associated with the lessee, to immigration authorities, but would provide that a lessor would not violate that prohibition if the lessor was complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (6) Existing law prohibits a lessor from retaliating against a lessee because he or she has lawfully organized or participated in a lessees' association or an organization advocating lessees' rights or has lawfully and peaceably exercised any rights under the law by increasing rent, decreasing services, causing a lessee to quit involuntarily, bringing an action to recover possession, or from threatening to do any of those acts. This bill would provide that a lessor would violate that prohibition if the lessor reported, or threatened to report, the lessee, or individuals known to the lessor to be associated with the lessee, to immigration authorities, but would provide that a lessor would not violate that prohibition if the lessor was complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (7) Existing law declares that all protections, rights, and remedies available under state law are available to all individuals in the state who have applied for employment or are employed, regardless of immigration status, as specified. Existing law also declares, for the purposes of enforcing state labor, employment, civil rights, and employee housing laws, that a person's immigration status is irrelevant to the issue of liability and that discovery into a person's immigration status is prohibited unless the person seeking to make the inquiry has shown by clear and convincing evidence that the inquiry is necessary to comply with federal immigration law. Existing law also provides that the immigration status of a minor child seeking recovery under any applicable law is irrelevant to the issues of liability or remedy and would prohibit discovery or other inquiry in a civil action or proceeding into a minor child's immigration status, with specified exceptions. This bill would declare that the immigration or citizenship status of any person is irrelevant to any issue of liability or remedy under specified provisions of law relating to the rights of tenants, and would prohibit inquiry being made in a civil action initiated to enforce those laws into a person's immigration or citizenship status unless 2 exceptions to that prohibition apply. (8) This bill would incorporate additional changes to Section 1940.3 of the Civil Code proposed by AB 299 to be operative only if this bill and AB 299 are enacted and this bill is enacted last.
(1) Existing law establishes the California State University, under the administration of the Trustees of the California State University; the University of California, under the administration of the Regents of the University of California; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; and independent institutions of higher education as the 4 segments of postsecondary education in this state. Existing provisions of the Donahoe Higher Education Act set forth the missions and functions of these 4 postsecondary educational segments. No provision of the Donahoe Higher Education Act applies to the University of California except to the extent that the regents, by appropriate resolution, make that provision applicable. This bill would express findings and declarations of the Legislature relating to the possible impacts on public postsecondary educational institutions in this state of changes in federal immigration policies and enforcement. The bill would add to the Donahoe Higher Education Act provisions that would require the Trustees of the California State University, the governing boards of community college districts, and independent institutions of higher education that are qualifying institutions for purposes of the Cal Grant Program, and would request the regents, to the fullest extent consistent with state and federal law, to: refrain from disclosing personal information concerning students, faculty, and staff, except under specified circumstances; advise all students, faculty, and staff to notify the office of the chancellor or president, or his or her designee, as soon as possible, if he or she is advised that an immigration officer, as defined, is expected to enter, or has entered, the campus to execute a federal immigration order; notify, as soon as possible, the emergency contact of a student, faculty, or staff person if there is reason to suspect that the person has been taken into custody as the result of an immigration enforcement action; comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant, except as specified; advise all students, faculty, and staff responding to or having contact with an immigration officer executing a federal immigration order, to promptly refer the entity or individual to the office of the chancellor or president, or his or her designee, for purposes of verifying the legality of any warrant, court order, or subpoena; designate a staff person to serve as a point of contact for those who may be subject to immigration actions, as specified; maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it; adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to a specified statute, limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law, as specified; post on its Internet Web site, and provide via email quarterly or each semester to all students, faculty, and staff, and update as often as is necessary, a copy of the policy referenced above, and guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order; and ensure that certain benefits and services provided to undocumented students are continued in the event that they are subject to a federal immigration order. Because this bill would create new duties for community college districts, it would constitute a state-mandated local program. (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, 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 a person who is acting as an agent for a transferor of real property that is located within either a special flood hazard or an area of potential flooding, determined as provided, or the transferor if he or she is acting without an agent, to disclose to any prospective transferee the fact that the property located in a special flood hazard or an area of potential flooding if certain criteria are met. This bill would require, for every lease or rental agreement for residential property entered into on or after July 1, 2018, the owner or person offering the property for rent to disclose to the tenant specified information pertaining to the risk of flooding. The bill would make findings and declarations in this regard.
Existing law regulates a person who performs certain home inspections for a fee. Existing law provides that it is an unfair business practice for a home inspector, a company that employs the inspector, or a company that is controlled by a company that also has a financial interest in a company employing a home inspector, to do various acts, including performing or offering to perform, for an additional fee, any repairs to a structure on which the inspector, or the inspector's company, has prepared a home inspection report in the past 12 months. This bill would exempt from these provisions a licensed roofing contractor that performs repairs pursuant to his or her inspection of a roof for the specific purpose of providing a roof certification, as defined, if specified conditions are met. Existing law requires the disclosure of specified information upon the transfer of residential real property or the resale of a manufactured home or mobilehome that is classified as personal property and intended for residential use. Existing law exempts a listing or selling agent from liability for any error, inaccuracy, or omission of any information if the error, inaccuracy, or omission was not within the personal knowledge of the transferor or listing or selling agent, was based on information provided by public agencies or by other persons, including a report or opinion prepared by a licensed engineer, land surveyor, geologist, structural pest control operator, contractor, or other expert, dealing with matters within the scope of the professional's license and providing information that is required to be disclosed, and ordinary care was exercised in obtaining and transmitting the information. This bill would include a report or opinion, prepared by a C-39 roofing contractor who conducts a home inspection under specified circumstances, among those reports or opinions upon which a listing or selling agent may base his or her personal knowledge in order to be exempt from liability for any error, inaccuracy, or omission in the information that is required to be disclosed upon the transfer of residential real property.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including water corporations, as defined. Under the Public Utilities Act, a public utility is required to seek commission approval prior to selling, leasing, assigning, mortgaging, or otherwise disposing of or encumbering any property necessary or useful in the performance of its duties to the public. Existing law authorizes regional park and open-space districts to acquire, and to lease or dispose of, real property, and rights in real property, within or without the regional district, that are necessary to the full exercise of the regional district's powers. This bill would authorize the San Jose Water Company to sell lands in the Upper Guadalupe River watershed, including the Los Gatos Creek and Saratoga Creek watersheds, to the Midpeninsula Regional Open Space District until January 1, 2023, as specified. The bill would require the water company to invest the net proceeds, if any, from the sale of land authorized by the bill in water system infrastructure, plant, facilities, and properties that are necessary or useful in the performance of its duties to the public. The bill would require the investment of the net proceeds to be included among the water company's other utility property upon which the commission authorizes the water company to earn a reasonable rate of return, as specified. The bill would provide that these requirements apply to the investment of the net proceeds from the sale for a period of 8 consecutive years, as prescribed, and would require the balance of any net proceeds and interest on the proceeds that is not invested after the 8-year period to be allocated solely to the water company ratepayers.
This measure would recognize September 11, 2017, as a day of solemn commemoration and extend the Legislature's deepest sympathies to the victims of the September 11, 2001 attacks.
This measure would urge the Congress of the United States to not enact S. 446, H.R. 38, or any other similar "concealed carry reciprocity" legislation that would require the State of California to recognize the concealed carry standards of every other state.
This measure would recognize the importance of civic engagement across the State of California.
This measure would proclaim the month of September 2017 as Childhood Cancer Awareness Month, and state the commitment of the Legislature to support efforts to find cures for, and achieve prevention of, childhood cancer.