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 exempt from CEQA projects or activities related to the provision of sewer treatment or water service to the Town of Paradise or related to the improvement of evacuation routes in the Town of Paradise. The bill would also exempt from CEQA projects or activities undertaken by the Paradise Irrigation District related to the provision of water service. This bill would exempt from CEQA projects or activities undertaken in the County of Butte related to forest health and fuel reduction. Because a lead agency would be required to determine the applicability of this exemption to a project or activities, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Town of Paradise, the Paradise Irrigation District, and the County of Butte. 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.
Sponsored bills
Existing law, the Lanterman Developmental Disabilities Services Act, requires the State Department of Developmental Services to contract with regional centers to provide services and supports to individuals with developmental disabilities and their families. Existing law requires the department, in consultation with stakeholders, to develop an alternative service delivery model that provides an Individual Choice Budget and suspends a regional center's authority to purchase certain services, including, camping services and associated travel expenses, social recreation activities, educational services, and nonmedical therapies, as specified, pending implementation of the Individual Choice Budget and certification that the Individual Choice Budget has been implemented and will result in state budget savings, as specified. This bill would repeal the above-described suspension of a regional center's authority to purchase camping services and associated travel expenses, or social recreation activities.
Existing law prohibits dumping waste matter in or upon a public or private highway or road, in or upon private property into or upon which the public is admitted by easement or license, upon private property without the consent of the owner, or in or upon a public park or other public property. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction. This bill would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner, punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd conviction. The bill would make a 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000. The bill would also require the fine to be doubled for the 4th or subsequent violation if the prosecuting attorney pleads and proves, or, in an infraction case, if the court finds, that the waste placed, deposited, or dumped includes used tires. By changing the definition of a 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 has authority over various programs promoting public health. Existing law requires the department, subject to an appropriation in the Budget Act of 2016, to award naloxone grant funding to local health departments, local government agencies, or other specified entities, in order to reduce the rate of fatal overdose from opioid drugs, including heroin and prescription opioids. Under existing law, the department licenses and regulates manufacturers of drugs or devices in this state, and the California State Board of Pharmacy licenses and regulates wholesalers of dangerous drugs or devices, as specified. This bill would, commencing with the 2021–22 fiscal year, require a manufacturer or wholesaler, as defined, that sells or distributes opioid drugs in this state to submit to the department a report, including specified information, that details all opioid drugs sold or distributed in this state during the preceding fiscal year, except as specified. The bill would, commencing with the 2021–22 fiscal year, require the department, in consultation with the board, to calculate the ratable share of a manufacturer or wholesaler, which is the individual portion of the collective sum of $50,000,000 or a lesser amount, as specified, to be paid by the manufacturers and wholesalers, based on the information reported, without double-counting the opioid drug if both a manufacturer and a wholesaler sold or distributed the drug in this state. The bill would subject the manufacturer and wholesaler to specified civil penalties for failing to comply with the reporting or payment requirements. The bill would require the deposit of the payments and penalties, less refunds and the department's administrative costs, into the continuously appropriated Opioid Prevention and Rehabilitation Program Fund, which the bill would create, thereby making an appropriation. The bill would require the department to distribute moneys in the fund to counties or local nonprofit community-based organizations for purposes of opioid prevention and rehabilitation programs. The bill would base the distribution of moneys on county needs, using only specified information relating to opioid overdose in the counties. The bill would require the department to report to the Legislature annually regarding recommendations for how the distributed moneys might be spent and how the distributed moneys were spent during the previous year. This bill would make these provisions inoperative on July 1, 2027, and would repeal them as of January 1, 2028. This bill would state that its provisions are severable. 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. This bill would take effect immediately as a tax levy.
Existing law establishes within the Department of Housing and Community Development the California Housing Finance Agency and provides that the primary purpose of the agency is to meet the housing needs of persons and families of low or moderate income. Existing law requires the California Housing Finance Agency administer the Roberti-Greene Home Purchase Assistance Program, to provide home purchase assistance to low- and moderate-income homebuyers to qualify for the purchase of owner-occupied homes. Existing law authorizes the agency, pursuant to specified objectives, to create its own home purchase assistance programs, home purchase assistance products, or both, on terms and conditions as the agency deems prudent. Existing law requires the agency to provide to the Legislature and the Legislative Analyst an annual report containing information concerning all units produced, assisted, or insured using agency funds. This bill would require the Legislative Analyst to conduct a study, and present the findings thereof to the Legislature, to inform the creation of a low-interest loan program for first responders. The bill would require the report to be submitted on or before January 1, 2024. The bill would require the report to include a recommendation as to which state department is best suited to administer the program, an estimation of the amount of funding that would be necessary to conduct the program, and recommendations for qualifications for participation in the program.
Existing law, as added by the Briggs Initiative, an initiative statute approved by the voters at the November 7, 1978, statewide general election, requires that persons convicted of first-degree murder be subject to death, life in prison without the possibility of parole, or confinement in the state prison for a term of 25 years to life. Existing law, as added by Proposition 115 at the June 5, 1990, statewide primary election, requires that a person found guilty of murder in the first degree, when special circumstances have been found to be true, who was 16 years of age or older and under 18 years of age at the time of the commission of the crime, be punished by confinement in the state prison for life without the possibility of parole or, at the discretion of the court, by 25 years to life. Existing United States Supreme Court case law holds that a mandatory life sentence without the possibility of parole for a juvenile offender violates the Eighth Amendment to the United States Constitution. Existing law allows a defendant who was under 18 years of age at the time of the commission of an offense for which the defendant was sentenced to imprisonment for life without the possibility of parole to petition the court for recall and resentencing after the defendant has been incarcerated for at least 15 years. This bill would delete the authority of a defendant who was under 18 years of age at the time of the commission of the offense to petition for a recall of the sentence and would instead require the court to provide that defendant with a resentencing hearing, except as specified. The bill would require the court to resentence the defendant to a term of imprisonment with the possibility of parole unless the court determines the defendant to be irreparably corrupt or incapable of rehabilitation. The bill would require the court to consider specified factors in making this determination, including, among other things, the defendant's family and home environment, the circumstances of the offense, and any evidence or information bearing on the possibility of rehabilitation. Existing law requires the Board of Parole Hearings to conduct a youth offender parole hearing for a person convicted of a controlling offense that was committed before the person had attained 18 years of age and for which a life sentence without the possibility of parole has been imposed during the person's 25th year of incarceration. Existing law requires the board to complete, by July 1, 2020, all hearings for individuals who are or will be entitled to have their parole suitability considered at a youth offender parole hearing by that provision before July 1, 2020. This bill would exempt from that hearing any person who has a pending resentencing hearing or who was found irreparably corrupt or incapable of rehabilitation.
Existing law requires the Secretary of State and the Department of Motor Vehicles to establish the California New Motor Voter Program. Under the program, the Department of Motor Vehicles is required to provide to the Secretary of State specified information associated with each person who submits an application for a driver's license or identification card, and additionally to report to the Secretary of State that an applicant has attested that the applicant meets the voter preregistration requirements for a person who is at least 16 years of age and otherwise meets all voter eligibility requirements. The prescribed information submitted by the department to the Secretary of State constitutes a completed or submitted affidavit of registration, and the Secretary is required to register or preregister the person to vote, unless the person affirmatively declines to register to vote during a transaction with the department, the department does not represent to the Secretary of State that the person attested that the person meets all voter eligibility requirements, or the Secretary of State determines that the person is ineligible to vote. This bill would instead require a person to affirmatively agree to become registered or preregistered to vote during a transaction with the department before the Secretary registers or preregisters that person, and it would make other conforming changes.
This measure would designate the portions of State Highway Routes 20 and 70 in the City of Marysville in the County of Yuba for inclusion in the National Purple Heart Trail. The measure would also request that the Department of Transportation determine the cost for the installation and maintenance of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, erect those signs.
Existing case law, as established in the case of Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for those purposes. Existing statutory law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is not an employee under the ABC test. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of the ABC test described above. Existing law, instead, provides that these exempt relationships are governed by the multifactor test previously adopted in the case of S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. This bill would also exempt from the ABC test specified individuals working as interpreters and translators.