(1) Existing law requires the State Air Resources Board to approve and begin implementing a comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40%, hydrofluorocarbon gases by 40%, and anthropogenic black carbon by 50% below 2013 levels by 2030, as specified. The California Global Warming Solutions Act of 2006 establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. This bill would establish the Woodsmoke Reduction Program to be administered by the state board, in coordination with air districts, to promote the voluntary replacement of old wood-burning stoves with cleaner and more efficient alternatives in order to achieve short- and long-term climate benefits and localized public health benefits, as specified. The bill would authorize moneys from the Greenhouse Gas Reduction Fund to be allocated for incentives offered as part of the program. By adding to the duties of air districts, this bill would impose 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.
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Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law authorizes a social worker to commence proceedings in the juvenile court to declare a child to be a dependent child of the court by the filing of a petition with the court. In any case in which a social worker, after investigation of an application for petition or other investigation, determines that a child is within the jurisdiction of the juvenile court or will probably soon be within the jurisdiction, existing law authorizes the social worker, in lieu of filing a petition or subsequent to dismissal of a petition already filed, and with the consent of the child's parent or guardian, to undertake a program of supervision of the child. If the parent is a dependent of the juvenile court at the time that a social worker seeks to undertake a program of supervision, and if counsel has been appointed for the parent, existing law prohibits the program of supervision from being undertaken until the parent has consulted with his or her counsel. This bill would make this prohibition applicable to a parent who is a nonminor dependent or ward of the juvenile court. The bill would require a ward, in cases when he or she is not represented by counsel appointed in a dependency proceeding, to be given the opportunity to confer with counsel appointed in the wardship proceeding or by counsel retained to represent the ward in the wardship proceeding. Existing law, in the case of a child for whom one or both minor parents have been adjudged to be dependent children of the juvenile court, authorizes family reunification services to be provided to the family of the dependent child under circumstances in which ordinarily those services would be denied and requires a party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors at the time of the child's birth to demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal from the minor parent or parents, and that these efforts have proved unsuccessful. This bill would extend the application of those services and requirements in the case of a child for whom one or both minor parents have been adjudged to be a ward of the court. The bill would also grant a parent who is a ward of the juvenile court or a dependent or nonminor dependent parent the right to consult with his or her legal counsel prior to a social worker or probation officer arranging any informal or formal custody agreement that includes a temporary or permanent voluntary relinquishment of custody by the parent or recommending that a nonparent seek legal guardianship of the child. The bill would require the social worker or probation officer to note in the case file whether the ward, dependent, or nonminor dependent parent consulted with legal counsel, or if the opportunity for consultation was provided and the consultation did not occur, then the reason that the consultation did not occur. By imposing additional duties on local entities under these circumstances, 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.
Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Under existing law, juvenile court proceedings to declare a minor a ward of the court are commenced by the filing of a petition by the probation officer, the district attorney after consultation with the probation officer, or the prosecuting attorney, as specified. Existing law authorizes a judge of the juvenile court to dismiss a petition, or set aside the findings and dismiss a petition, if the court finds that the interests of justice and the welfare of the minor require that dismissal, or if the court finds that the minor is not in need of treatment or rehabilitation. This bill would require, if a person who has been alleged to be a ward of the juvenile court and has his or her petition dismissed or if the petition is not sustained by the court after an adjudication hearing, the court to seal all records pertaining to that dismissed petition that are in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice in accordance with a specified procedure. The bill would, when a record has been sealed by the court based on a dismissed petition, authorize the prosecutor, within 6 months of the date of dismissal, to petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, and would require court to determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition. The bill would make additional technical changes. By imposing new duties on local agencies relating to sealing juvenile records, the bill would impose a state-mandated local program. The bill would require a probation department to seal the records of a juvenile upon satisfactory completion of a program of diversion or supervision to which a juvenile is referred by the probation department or prosecutor in lieu of filing a petition to adjudge the juvenile a ward. The bill would also require a public or private agency operating a diversion program to seal the records in its custody. The bill would require the probation department to notify the juvenile, in writing, that his or her records have been sealed or notify the juvenile, in writing, of the reasons that the records were not sealed. If the records are not sealed, the bill would allow the juvenile to petition the court to review the decision. The bill would authorize a probation department to access sealed records under these provisions for a limited purpose, as specified. By imposing new duties on local probation departments relating to sealing juvenile records, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by SB 312 to be operative only if this bill and SB 312 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 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 generally requires the Board of Parole Hearings to conduct youth offender parole hearings to consider the release of offenders who committed specified crimes when they were under 23 years of age and who were sentenced to state prison. This bill would instead require the Board of Parole Hearings to conduct youth offender parole hearings for offenders sentenced to state prison who committed those specified crimes when they were 25 years of age or younger. The bill would require the board to complete, by January 1, 2020, all youth offender parole hearings for individuals who were sentenced to indeterminate life terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill. The bill would require the board to complete all youth offender parole hearings for individuals who were sentenced to determinate terms who become entitled to have their parole suitability considered at a youth offender parole hearing on the effective date of the bill by January 1, 2022, and would require the board, for these individuals, to conduct a specified consultation before January 1, 2019.
Existing law authorizes various local governmental entities, subject to certain limitations and approval requirements, to levy transactions and use taxes for general purposes in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%. This bill would authorize the Peninsula Corridor Joint Powers Board, by a resolution approved by 23 of the board and with the approval of specified entities, to levy a tax pursuant to the Transactions and Use Tax Law at a rate not to exceed 0.125%, with net revenues from the tax to be used by the board for operating and capital purposes of the Caltrain rail service, subject to 23 voter approval of a regional measure submitted by the board to voters of the Counties of San Francisco, San Mateo, and Santa Clara. The bill would authorize the board to exceed the 2% limit described above to impose the retail transactions and use tax. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of San Francisco, San Mateo, and Santa Clara.
Existing law allows the Office of Child Abuse Prevention to fund, through allocations provided to local counties, child abuse and neglect prevention and intervention programs. Existing law provides the criteria under which a county selects agency projects and services to be funded under these provisions, including giving priority to private, nonprofit agencies. Existing law authorizes a county to establish a computerized database system within the county to allow designated provider agencies, which include schools, among other entities, to share identifying information regarding families at risk for child abuse or neglect for the purpose of forming multidisciplinary personnel teams for the prevention, identification, management, or treatment of child abuse or neglect or to provide child welfare services. Existing law makes this information confidential and accessible only to authorized persons. This bill would authorize the Counties of Santa Clara, Santa Cruz, and San Mateo to jointly establish a computerized database system to be used between and among those counties, and would authorize that system to also share specified identifying information regarding families at risk for child abuse or neglect for research purposes. The bill would authorize the sharing of personal identifying information for research purposes only upon approval by an institutional review board. The bill would set forth various conditions for the review and approval of a research project for the purpose of protecting personal identifying information. The bill would provide that, for purposes of this jointly established system, a provider agency also includes local educational agencies. The bill would require the counties to decommission the computerized database system if the ability to share identifying information regarding families at risk for child abuse or neglect between and among the counties and for research purposes becomes available within the statewide child welfare information system. The bill would require any county that establishes a computerized database system under the provisions described above to decommission any duplicative functionality within its computerized database system if any functionality of the county's computerized database system becomes fully available and deployed within the statewide child welfare information system.
Existing law requires the Natural Resources Agency, in collaboration with the Ocean Protection Council, to create, update biannually, and post on an Internet Web site a Planning for Sea Level Rise Database describing steps being taken throughout the state to prepare for, and adapt to, sea level rise. Existing law further requires that various public agencies and private entities provide to the agency, on a biannual basis, sea level rise planning information, as defined, that is under the control or jurisdiction of the public agencies or private entities, and requires the agency to determine the information necessary for inclusion in the database, as prescribed. Existing law repeals these provisions on January 1, 2018. This bill would postpone that repeal until January 1, 2023.
Existing law requires, upon an application for an identification card, a fee of $26 to be paid to the Department of Motor Vehicles. Existing law provides for a fee waiver for an original or replacement identification card to a senior citizen, as specified, or to a person who can verify his or her status as a homeless person or homeless child or youth, as specified. Existing law also provides for a reduced fee of $6 for an original or replacement identification card to a person who has been determined to have a current income level that meets the eligibility requirements for one of specified assistance programs. Existing law requires that all fees received pursuant to those provisions be deposited in the Motor Vehicle Account. This bill would provide for a reduced fee of $8 for a replacement identification card issued to an eligible inmate, as defined, upon release from a state or federal correctional facility or a county jail facility, and to an eligible patient, as defined, treated in a facility of the State Department of State Hospitals. The bill would require, as part of eligibility for the reduced fee, among other things, that the person previously held a California driver's license or identification card, that the person has a usable photo on file with the department that is not more than 10 years old, that the person has no outstanding fees due for a prior California identification card, that the person has provided, and the department has verified, certain identifying information of the person, and that the person has provided the department, upon application, a specified verification. In the case of an inmate, the bill would require the verification to be on state or federal correctional facility letterhead or county sheriff letterhead, and to contain the original signature of an official from those respective entities. By creating new duties for county sheriffs, this bill would impose a state-mandated local program. This bill would also make technical, nonsubstantive changes to those provisions. 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.
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.