The California Constitution provides that the Legislature may, by statute, prohibit retirement board investments if it is in the public interest to do so and providing that the prohibition satisfies specified fiduciary standards. Existing law prohibits the Public Employees' Retirement System and the State Teachers' Retirement System from investing public employee retirement funds in a company with active business operations in Sudan, the energy sector of Iran, and thermal coal companies, subject to specified requirements, limitations, and procedures. This bill would prohibit the boards of the Public Employees' Retirement System and the State Teachers' Retirement System from making new investments or renewing existing investments of public employee retirement funds in a private prison company, as defined. This bill would require the boards to liquidate investments in private prison companies on or before July 1, 2020, and would require the boards, in making a determination to liquidate investments, to constructively engage with private prison companies to establish whether the companies are transitioning their business models to another industry. The bill would provide that it does not require a board to take any action unless the board determines in good faith that the action is consistent with the board's fiduciary responsibilities established in the constitution. The bill would provide that board members and other officers and employees shall be held harmless and be eligible for indemnification in connection with actions taken pursuant to the bill's requirements, as specified. The bill would make related legislative findings and declarations.
Sponsored bills
Existing law, the Mobilehome Residency Law, requires the management of a mobilehome park to comply with notice and specified other requirements in order to terminate a tenancy in a mobilehome park because of a change of use of the mobilehome park, including giving homeowners at least 15 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for the change of use. This bill would instead require the management to give homeowners at least 60 days' written notice that the management will be appearing before a local governmental board, commission, or body to obtain local approval for the intended change of use of the mobilehome park and comply with other specified provisions. The bill would also require the local government to first make a finding that the approval of the closure of the mobilehome park and of its conversion into its intended new use will not result in, or materially contribute to, a shortage of housing opportunities and choices within the local jurisdiction for low-and moderate-income households. Existing law, the Planning and Zoning Law, requires a person or entity proposing a change in use of a mobilehome park to file a report on the impact of the conversion, closure, or cessation of use upon the displaced residents of the mobilehome park that includes, among other things, the availability of adequate replacement housing in mobilehome parks and relocation costs. Existing law requires the person proposing the change in use to provide the report to a resident of each mobilehome park at least 15 days prior to the hearing on the impact report by the advisory agency or legislative body, and requires the legislative body or advisory agency to review the report prior to any change of use. This bill would instead require that report to include a replacement and relocation plan that adequately mitigates the impact on displaced residents of the mobilehome park, as specified, and would require the person proposing the change in use to provide the report to a resident of each mobilehome park at least 60 days before the hearing. The bill would prohibit the legislative body from approving or conditionally approving the report unless the replacement and relocation plan demonstrates that it will enable each displaced mobilehome park resident to obtain and relocate into adequate housing in a mobilehome park, as specified. The bill would require the person or entity proposing certain changes of use of a mobilehome park to file a supporting certificate with the local government, under penalty of perjury, thereby imposing a state-mandated local program. The bill would specify that those statutory provisions that include requiring the report to be filed and provided to residents establish a minimum standard for local regulation of conversions of mobilehome parks and floating home marinas. Existing law, the Subdivision Map Act, requires an impact report to be filed at the time of filing a tentative or parcel map for a subdivision to be created from the conversion of a mobilehome park or floating home marina to another use that, among other things, addresses the availability of adequate replacement space in mobilehome parks or floating home marinas, and requires the subdivider to make the report available to each resident of the mobilehome park or floating home marina at least 15 days prior to the hearing on the map by the advisory agency or legislative body. This bill would instead require the report to include a replacement and relocation plan that adequately mitigates the impact on displaced residents of the mobilehome park or floating home marina, as specified, and would require the report to be made available to residents at least 60 days before the hearing. The bill would prohibit the legislative body from approving or conditionally approving the report unless the replacement and relocation plan demonstrates that it will enable each displaced mobilehome park or floating home marina resident to obtain and relocate into adequate housing in a mobilehome park or floating home marina, as specified. 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 California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law requires the state board, on or before July 1, 2020, to adopt a definition of microplastics in drinking water and, on or before July 1, 2021, to adopt a standard methodology to be used in the testing of drinking water for microplastics and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results. This bill would require the state board, to the extent possible, and where feasible and cost effective, to work with the State Department of Public Health in complying with those requirements.
Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including specified health practitioners and social workers, known as "mandated reporters," to report known or suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Existing law states the Legislature's intent that those receiving agencies in each county develop and implement cooperative arrangements in order to coordinate existing duties in connection with the investigation of suspected child abuse or neglect cases, and requires the local law enforcement agency to report investigations of suspected child abuse or neglect to the county welfare or probation department within 36 hours after starting its investigation. Existing law generally provides for the placement of children in foster care, and provides for the licensure and regulation by the State Department of Social Services of certain community care facilities that provide care for foster children, including short-term residential therapeutic programs and transitional housing placement providers. Existing law requires the agencies receiving mandated reports, within 24 hours of receiving a report of abuse alleged to have occurred in facilities licensed to care for children by the department, to notify the licensing office with jurisdiction over that facility. Existing law makes reports of child abuse or neglect confidential and limits the disclosure of the reports to certain individuals or entities. This bill would require certain agencies to develop and implement protocols for coordinating investigations of alleged child abuse and neglect involving children under the jurisdiction of the juvenile court. The bill would require, when an agency receives a report that contains a report of abuse or neglect alleged to have occurred in a resource family home, foster family home, certified foster home, the home of an approved relative or nonrelative extended family member, or a facility licensed to care for children by the department, to notify the licensing office or agency with oversight responsibility over the home or facility within the 24-hour period described above. This bill would require, whenever the department or another agency with oversight responsibility over a home or facility becomes aware of an allegation of abuse or neglect to cooperate with other agencies to coordinate existing duties in connection with the investigation and to complete the investigation no later than 45 days after receiving notice of the allegation. The bill would establish standards and protocols for the conduct of the investigation, including, among other things, requiring a face-to-face interview in private with the victim of child abuse or neglect separate and apart from the suspected offender. The bill would require, upon completion of the investigation, the approving agency or the licensing agency to send a copy of its investigation report to the Office of the State Foster Care Ombudsperson. The bill would require that office to review a representative sample of the investigations annually and include determinations of the extent to which the investigations complied with the investigation protocols. The bill would authorize that office to make recommendations for the improvement of those protocols based on the determinations. The bill would require the department to, at a minimum, annually report to the Legislature and post on its internet website, a statewide summary of these investigations, as specified. The bill would also add the Office of the State Foster Care Ombudsperson, as specified, to the list of individuals and entities to which reports may be disclosed, and would delete obsolete provisions. By imposing new duties on local officials, 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, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product, as defined. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions not be construed to preempt or prohibit the adoption and implementation of local ordinances related to the prohibition on the sale of flavored tobacco products. The bill would state that its provisions are severable. By creating a new 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.
Existing law establishes the State Department of Public Health, which, among other things, administers various programs that prevent disease and promote health. This bill would prohibit a retailer from selling, offering for sale, or otherwise providing to a consumer an unsealed beverage container, as defined, that is able to contain more than 16 fluid ounces, except for an unsealed beverage container designated for the consumption of water. The bill would define retailer to mean any person, firm, corporation, or business that sells, offers for sale, or otherwise provides a sugar-sweetened beverage to a consumer. This bill would make a violation of this prohibition punishable as an infraction, or a civil penalty in an action brought by the Attorney General, or a district attorney, county counsel, or city attorney, of $200 for the first violation, $500 for the second violation, and $1,000 for each subsequent violation. By creating a new 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 Public Utilities Act prohibits the commission or an officer or employee of the commission from disclosing any information furnished to the commission by a public utility, a subsidiary, an affiliate, or a corporation holding a controlling interest in a public utility, unless the information is specifically required to be open to public inspection under the act, except on order of the commission or a commissioner in the course of a hearing or proceeding. Existing law makes a disclosure of nonpublic information by a present or former officer or employee of the commission a misdemeanor. This bill would instead require the information to be open to public inspection unless federal or state law or an order of the commission based on a specified finding requires the information to be closed to inspection, or the withholding of that information is ordered by the commission, a commissioner, or an administrative law judge in the course of a hearing or proceeding. The bill would authorize a public utility, a subsidiary or affiliate of a public utility, or a corporation holding a controlling interest in a public utility providing information to request the commission to withhold from public disclosure all or a portion of the information provided. The bill would establish mechanisms for resolving claims of confidentiality in the event the commission does not agree with one or more claims of confidentiality. The bill would make it a misdemeanor for a present or former officer or employee of the commission to divulge any information that is exempt from public disclosure, as determined by the commission.
Existing law establishes the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families using federal, state, and county funds. Existing law requires a recipient of CalWORKs to participate in welfare-to-work activities as a condition of eligibility. Existing law authorizes a student who, at the time they are required to participate in the program, is enrolled in any undergraduate degree or certificate program that leads to employment to continue in that program if they are making satisfactory progress in that program, the county determines that continuing in the program is likely to lead to self-supporting employment for that recipient, and the welfare-to-work plan reflects that determination. A person may meet their welfare-to-work requirements by taking part in a self-initiated education or training program; however, if a recipient does not complete a specified number of hours of classroom, laboratory, or internship activities, the county human services agency is required to have the recipient participate in concurrent work activities, as specified. Existing law limits the time period in which a participant may engage in certain educational activities, in satisfaction of welfare-to-work requirements, to 24 cumulative months during a participant's lifetime. Existing law provides for an extension of that 24-month period under certain circumstances. Existing law requires that necessary supportive services, including child care and transportation costs, be available to every welfare-to-work participant in order to participate in the program activity to which they are assigned. This bill would require that a CalWORKs eligible individual participating in an educational activity full time and making satisfactory progress, as specified, receive a standard allowance of $500, which may be provided, in whole or in part, in the form of a book voucher. The bill would authorize a participant to opt out of the standard allowance at any time, to make a reimbursement claim for the actual costs of books and supplies, and to submit this claim to the county. The bill would require that an applicant or recipient who is enrolled in a specified educational plan or program and making satisfactory progress be deemed to be meeting all welfare-to-work requirements, including the hourly participation requirements, and be entitled to the allowance or reimbursement and other necessary supportive services. The bill would provide that a recipient who is enrolled in a publicly funded postsecondary educational institution and making satisfactory progress that would meaningfully increase the likelihood of their employment is entitled to an extension of the 24-month cumulative participation period, as specified. The bill would define "full time" and "making satisfactory progress" for purposes of these provisions and would require that these allowances be adjusted annually for inflation. By imposing a higher level of service of county employees, 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, 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 continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program. This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.
Existing law, the Ralph C. Dills Act (Dills Act) , governs collective bargaining between the state and recognized state public employee organizations. Existing law excludes certain employees from coverage under the Dills Act, including, among others, managerial employees, supervisory employees, and confidential employees, as defined. Existing law creates the Public Employment Relations Board and authorizes it, among other things, to determine appropriate state employee bargaining units, as specified. This bill would enact the Legislature Employer-Employee Relations Act, to provide employees of the Legislature, including some supervisory and managerial employees, the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. The bill would prescribe rights, duties, and prohibitions in this context that parallel those in the Dills Act. The bill would prohibit the Public Employment Relations Board from including employees of the Legislature in a bargaining unit that includes employees other than those of the Legislature. The bill would make it a misdemeanor for any person to willfully resist, prevent, impede, or interfere with any member of the board, or any of its agents, in the performance of duties pursuant to its provisions. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would provide that the provisions of the Legislature Employer-Employee Relations Act 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 no reimbursement is required by this act for a specified reason.
Existing law establishes the State Coastal Conservancy with prescribed powers and responsibilities relating to the acquisition, protection, preservation, and enhancement of coastal lands within the coastal zone, as defined. Existing law, for purposes of those provisions, defines a "nonprofit organization" to mean any private, nonprofit organization, that qualifies as a nonprofit organization under a specified provision of the Internal Revenue Code, and whose purposes are consistent with those provisions governing the conservancy. This bill would revise that definition by eliminating the requirement that a nonprofit organization have purposes that are consistent with those provisions governing the conservancy. This bill would create the Explore the Coast Program in the conservancy to expand opportunities for all Californians to access and enjoy the state's coastal resources, as provided. The bill would authorize the conservancy to award grants to public agencies, including federally recognized Indian tribes and other nonfederally recognized California Native American tribes listed on a certain list maintained by the Native American Heritage Commission, and nonprofit organizations to carry out projects, as provided, that help achieve the goals of the program, which are to increase the recreational, educational, and stewardship opportunities for people to explore California's coastal resources, especially people from communities that face barriers to accessing and enjoying coastal resources. The bill would require the conservancy, when awarding grants under the program, to prioritize projects that provide students and youth with an opportunity to visit the coast for the first time.