Asm. Robert Rivas

(1) Existing law requires the Department of Fish and Wildlife, contingent upon funding being provided by the Wildlife Conservation Board or from other appropriate bond funds, upon appropriation by the Legislature, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change, and requires the department to prioritize vegetative data development in these areas. This bill would additionally require the department to investigate, study, and identify impacts to those wildlife corridors from state infrastructure projects, including transportation and water projects, large-scale development projects not covered by an existing natural community conservation plan or habitat conservation plan, and planned or potential land conversions. The bill would also require the department to prioritize wildlife movement and habitat data development in those areas of the state that are most essential as wildlife corridors and habitat linkages. (2) Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages. Existing law also declares that it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means. This bill would enact the Wildlife and Biodiversity Protection and Movement Act of 2020 and would require the state to build off of existing programs and plans, including the State Wildlife Action Plan, to proactively protect and enhance wildlife corridors and design infrastructure to maximize wildlife connectivity. The bill would require the Secretary of the Natural Resources Agency and the Secretary of Transportation to coordinate with the Habitat Conservation Planning Branch of the Department of Fish and Wildlife and the Division of Environmental Analysis of the Department of Transportation to ensure that the Significant Natural Areas Program and the California Essential Habitat Connectivity Project are updated, as specified, and incorporated into future transportation and water infrastructure planning and design to allow for maximum wildlife passage features. The bill would require the secretaries, in implementing these provisions, to identify and incorporate, as appropriate, specified information as an addendum in both the Significant Natural Areas Program and the California Essential Habitat Connectivity Project. The bill would require the Secretary of the Natural Resources Agency, in coordination with the Secretary of Transportation, to establish the Ira Ruskin Wildlife Habitat Connectivity Advance Mitigation Pilot Program to create compensatory mitigation credits that can be used to address existing barriers identified in the California Essential Habitat Connectivity Project and offset significant California Environmental Quality Act impacts of future transportation and water projects that impact wildlife connectivity. The bill would require the Department of Transportation to identify a corridor coordinator in each Department of Transportation (Caltrans) district to, among other things, lead the wildlife habitat connectivity program for that region and to coordinate with regional staff of the Department of Fish and Wildlife. The bill would require the Strategic Growth Council to hold one public hearing each year focused on infrastructure design and wildlife corridors. The bill would require the Secretary of the Natural Resources Agency, in developing guidelines to implement these provisions, to consider specified project impacts for a Caltrans district to be eligible for an application of mitigation credits. (3) Existing law creates the Advance Mitigation Program in the Department of Transportation to enhance communications between the department and stakeholders to, among other things, protect natural resources and accelerate project delivery. Existing law authorizes the department, for the purpose of implementing the program, to develop a programmatic mitigation plan to address the potential environmental impacts of future transportation projects for the purpose of required mitigation approved by federal, state, and local agencies. Existing law requires the department to set aside not less than $30,000,000 annually for 4 years, commencing with the 2017–18 fiscal year, for the program from specified state transportation programs for purposes of the Advance Mitigation Program. Existing law creates the Advance Mitigation Account and continuously appropriates moneys in the account for purposes of the program, and specifies what those funds can be used for. This bill would additionally require those funds to be used to modify or remove wildlife connectivity barriers not covered by existing regulatory programs. The bill would require that a programmatic mitigation plan also include wildlife corridor connectivity enhancement or protection. By expanding the purposes for which a continuously appropriated account may be used, the bill would make an appropriation.

Existing law requires a person proposing to construct a thermal powerplant, which is defined as a electrical generating facility using a source of thermal energy, with a generating capacity of 50 megawatts or more to obtain a certification from the State Energy Resources Conservation and Development Commission. This bill would exclude from the definition of a thermal powerplant subject to the jurisdiction of the commission an emergency backup or standby generator that is not connected to the electrical grid and that is constructed, operated, or modified to provide immediate electrical power to maintain the operations of a data center in the event of an outage of electricity from the electrical grid. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would designate the local land use authority with jurisdiction to approve emergency backup or standby generators described above as the lead agency for purposes of CEQA. By designating local land use authorities as lead agencies, this 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 various environmental and economic policies. This bill would enact the California COVID-19 Recovery Deal. The bill would make a series of legislative findings and declarations pertaining to the coronavirus (COVID-19) pandemic and various economic, environmental, and social conditions in the state. The bill would state the intent of the Legislature that the state adopt a policy framework with principles and goals committed to accomplish specified economic, environmental, and social objectives and priorities as part of the state's COVID-19 recovery spending. The bill would state that the Legislature establishes various spending rules for the COVID-19 recovery, including adopting spending measures that prohibit businesses, organizations, or agencies from accepting public funds for any long-term projects that prolong the emission of greenhouses gases or lead to the expansion of fossil fuel projects and ensuring that recovery spending includes specific measures for California populations and communities most negatively impacted by COVID-19.

Existing law establishes various sexual assault and harassment offenses, and provides criminal and civil penalties for each. Existing law prohibits a person from acting as a farm labor contractor, as defined, without a license from the Labor Commissioner and imposes civil penalties for a violation of this requirement. Existing law requires that a person satisfy various requirements prior to obtaining or renewing a license, including providing a written statement to the Labor Commissioner attesting that all employees have been trained, as provided, in identifying, preventing, and reporting sexual harassment in the workplace. This bill would require the Attorney General to conduct a Spanish-language radio and television advertising campaign to raise awareness among farmworkers of the criminal and civil penalties of sexual assault and sexual harassment, and to inform farmworkers who are subject to sexual assault or sexual harassment of state benefits available to them. The bill would appropriate $1,000,000 for these purposes, and would require the Attorney General to spend the moneys within the 2021 calendar year.

Existing law authorizes a person in custody who has been charged with, or convicted of, a criminal offense to apply for inpatient or outpatient mental health services. Existing law establishes various grant programs to help local governments provide mental health services, including the primary intervention program and the California Emergency Solutions Grant Program. This bill would, upon appropriation, establish the Mental Health Response and Treatment Challenge Grant Program. The bill would provide that the purpose of the program is to provide a statewide investment program to provide funds and flexibility to cities, counties, cities and counties, or other local governmental agencies that interact with the criminal justice system to develop programs that seek to improve services in 3 areas, as specified. The bill would require the Board of State and Community Corrections to administer the program and award grants on a competitive basis.

Existing law requires the covenants, conditions, and restrictions or other documents or written policy of a senior citizen housing development to set forth the limitations on occupancy, residency, or use on the basis of age. Existing law requires that the limitations on age require, at a minimum, that the persons commencing any occupancy of a dwelling unit include a senior citizen who intends to reside in the unit as their primary residence on a permanent basis. Existing law defines "senior citizen housing development" for these purposes as a residential development for senior citizens that has at least 35 dwelling units. Existing law defines "qualifying resident" or "senior citizen" to mean a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development. This bill, among other things, would permit the covenants, conditions, and restrictions to permit the establishment of an intergenerational housing development that includes senior citizens along with caregivers and transition age youths. The bill would define, among other terms, "senior citizen" to mean a person 55 years of age or older for these purposes. The bill would permit the establishment of an intergenerational housing development if (1) at least 80 percent of the occupied dwelling units are occupied by at least one senior citizen, as specified, and up to 20 percent of the occupied dwelling units are occupied by at least one caregiver or transition age youth, as defined, and (2) the development is an affordable rental housing development, as defined, and has received an allocation of low-income housing tax credits from the California Tax Credit Allocation Committee. This bill would prohibit a housing facility or community from evicting or terminating the lease of a family with children in order to comply with the requirement that at least 80 percent of the occupied units be occupied by at least one senior citizen.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. Existing law authorizes the commission, after a hearing, to require every public utility to construct, maintain, and operate its line, plant, system, equipment, apparatus, tracks, and premises in a manner so as to promote and safeguard the health and safety of its employees, passengers, customers, and the public. The Public Utilities Act provides that any public utility that violates any provision of the California Constitution or the act, or that fails or neglects to comply with any order, decision, decree, rule, direction, demand, or requirement of the commission, where a penalty has not otherwise been provided, is subject to a penalty of not less than $500 and not more than $100,000 for each offense. This bill would authorize the Attorney General or the district attorney of a proper county or city and county, as specified, to bring an action in the name of the people, pursuant to the above-described civil penalty provision, against an electrical corporation involving a failure to comply with safety standards or requirements. The bill would provide that when the conduct that constitutes the violation or failure to comply is of a continuing nature, each day of that violation or failure to comply is subject to a separate and distinct civil penalty. The bill would require that an action seeking these civil penalties be commenced within 4 years after the cause of action accrues. The Public Utilities Act provides that every public utility and every officer, agent, or employee of a public utility, who violates or fails to comply with, or who procures, aids, or abets any violation by any public utility of any provision of the California Constitution or of the act, or who fails to comply with any part of any order, decision, rule, direction, demand, or requirement of the commission, or who procures, aids, or abets any public utility in a violation or noncompliance, in a case in which a penalty has not otherwise been provided, is guilty of a misdemeanor and is punishable by a fine not exceeding $5,000, or by imprisonment in a county jail not exceeding one year, or by both fine and imprisonment. This bill would authorize the Attorney General or the district attorney of a proper county or city and county, as specified, to bring an action in the name of the people, pursuant to the above-described criminal provision, against an electrical corporation involving a failure to comply with safety standards or requirements. The bill would provide that when the conduct that constitutes the violation or failure to comply is of a continuing nature, each day of that violation or failure to comply is a separate and distinct offense subject to a fine or imprisonment, or both a fine and imprisonment. The bill would require that an action seeking a fine or imprisonment pursuant to the above-described criminal provision be commenced within 4 years after the commission discovers the violation or failure to comply, or within 4 years after completion of the violation or failure to comply, whichever is later. The Public Utilities Act provides that all penalties accruing under the act are cumulative, and a suit for the recovery of one penalty does not bar or affect the recovery of any other penalty or forfeiture or serve as a bar to any criminal prosecution against any public utility, or any officer, director, agent, or employee of the public utility, or any other corporation or person. This bill would expressly provide that the above-described civil penalty and criminal sanction provisions are in addition to other fines or penalties imposed by other law. The Public Utilities Act requires the commission to ensure that where enforcement of provisions affecting public utilities is not specifically vested in some other officer or tribunal, that those provisions are enforced and obeyed and that violations are promptly prosecuted and penalties are recovered and collected. To accomplish this requirement, the commission is authorized to sue in the name of the people and to request the Attorney General or a district attorney to aid in any investigation, hearing, or trial and to institute and prosecute actions or proceedings. This bill would provide that the bill does not diminish the duty of the commission to be the primary entity responsible to ensure that the laws pertaining to public utilities are enforced and obeyed and does not diminish the authority of the commission to request the Attorney General or the district attorney of a proper county or city and county to aid in any investigation, hearing, or trial pursuant to the act.

Existing law establishes the California Farmland Conservancy Program Act, to be administered generally by the Department of Conservation, and provides that it is the intent of the act to, among other things, encourage voluntary, long-term private stewardship of agricultural lands by offering landowners financial incentives, encourage local land use planning for orderly and efficient urban growth and conservation of agricultural land, and encourage improvements to enhance long-term sustainable agricultural uses. The act establishes the California Farmland Conservancy Program Fund and requires, except as provided, moneys in the fund, upon appropriation, to be used for the purposes of the California Farmland Conservancy Program, which include, among other things, the purchase of agricultural conservation easements, fee title acquisition grants, and land improvement and planning grants. The act requires an agricultural conservation easement to be granted to any organization or entity authorized to acquire and hold conservation easements, as specified. The bill would revise and recast provisions of the California Farmland Conservancy Program Act to, among other things, specify legislative intent to remove barriers to socially disadvantaged farmers and ranchers, as defined, participating in the agricultural economy and stewarding working lands under conservation. The bill would expand the use of moneys in the fund for the program to include technical assistance grants, as described, to eligible assistance entities, as defined, and acquisition assistance grants to eligible assistance entities for the sole purpose of reducing barriers to land access for socially disadvantaged farmers and ranchers, as specified. The bill would require that not less than 25% of the program funds be provided to applicants that lease or sell to socially disadvantaged farmers and ranchers. The bill would also expand the conditions that an applicant must agree to for a grant for the acquisition of fee title to agricultural land to include, among other things, a farmer-purchaser preference, as defined, in the text of the agricultural conservation easement used to encumber the acquired property. The bill would provide that grants made for land improvements may include the financial and technical involvement of the University of California Cooperative Extension and would revise the selection criteria for an agricultural conservation easement or fee title acquisition grant to, among other things, include whether the proposal reduces barriers to land access for socially disadvantaged farmers and ranchers through ownership or long-term leases. The bill would also make other conforming and nonsubstantive changes to these provisions.

Existing law makes it unlawful to produce, process, sell, offer to sell, or possess olive oil that indicates on its label "California Olive Oil," or uses similar words, to suggest that California is the source of the oil, unless 100% of that oil is derived from olives grown in California. This bill would make it unlawful and subject to imprisonment, fine, or both, as specified, to make any false representation in a brand name, label, advertising matter, packaging material, letterhead, invoice, tag, sign, business card, or other oral, written, or printed matter that an olive oil is produced entirely from olives grown within California, including using the terms "California olive oil," "California olives," or substantially similar representations. This bill would apply a similar prohibition on representations that an olive oil was produced from olives from a specific region of California unless at least 85% of the olive oil, by weight, was produced from olives grown in that specific region. This bill would authorize the Department of Food and Agriculture to seize olive oil labeled in violation of these prohibitions and to dispose of the olive oil. By creating a new crime, this 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 Teacher Residency Grant Program and the Local Solutions Grant Program as one-time competitive grant programs, administered by the Commission on Teacher Credentialing, for the recruitment and retention of teachers, as specified. Existing law requires the commission to conduct an evaluation of the Teacher Residency Grant Program and the Local Solutions Grant Program to determine the effectiveness of these programs in recruiting, developing support systems for, and retaining special education teachers, bilingual education teachers, and teachers in the science, technology, engineering, and mathematics (STEM) subjects. Existing law requires the commission to provide a report on the evaluation to the Department of Finance and the appropriate fiscal and policy committees of the Legislature by December 1, 2023. Existing law repeals the above-described provisions on January 1, 2029. Instead of the evaluation described above, this bill would require the commission to conduct an annual evaluation of all investments in addressing teacher shortages and teacher diversity, including, among others, the Teacher Residency Grant Program and the Local Solutions Grant Program, to determine the effectiveness of these programs in recruiting, developing support systems for, and retaining special education, bilingual education, and STEM teachers and teachers of color, and, with respect to this evaluation, would require the commission to annually provide a report to the Department of Finance and the appropriate fiscal and policy committees of the Legislature. The bill would specify various topics and types of data that would be required to be included in the annual evaluation. The bill would also delay the repeal of the Teacher Residency Grant Program, the Local Solutions Grant Program, and the annual reporting requirements until January 1, 2030.