Asm. Danny D Gilmore

Existing law, the Porter-Cologne Water Quality Control Act, on or before January 1, 2004, requires the State Water Resources Control Board, in consultation with others, to adopt regulations or standards for the permitting and operation of specified onsite sewage treatment systems. The act requires the board to apply those regulations or standards to those systems commencing 6 months after their adoption. This bill would repeal those provisions.

Existing law grants the Department of Water Resources various responsibilities relating to the water resources of the state. This bill would require the department to study the economic impacts of water supply reduction in specified counties in the San Joaquin Valley, and to report its findings to the Legislature on or before January 1, 2011.

The Budget Act of 2004 reappropriated specified money from the Budget Act of 2002, which originally appropriated the money from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund, established by the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Proposition 40) for the deposit of specified bond funds, to the Department of Parks and Recreation for urban park grants and Murray-Hayden competitive grants. The Budget Act of 2004 provided that the period for liquidating the encumbrances of the reapportioned moneys was extended to June 30, 2010. Proposition 40 requires specified grant funds provided under Proposition 40 that have not been expended by the grant recipient prior to July 1, 2011, to revert to the fund and be available for appropriation by the Legislature for one or more of specified local assistance programs that the Legislature determines to be the highest priority statewide. This bill would extend the period to liquidate the encumbrances to June 30, 2011, rather than June 30, 2010, for 2 specified grants totalling $3,039,000 and received by the Community Action Partnership of Kern County. By extending the time in which money encumbered under an existing appropriation may be expended, the bill would make an appropriation.

The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit in an amount equal to 50% of specified adoption costs, not to exceed $2,500 per minor child who is a citizen or legal resident of the United States and who is in the custody of a public agency in this state. This bill would, for taxable years beginning on or after January 1, 2010, and before January 1, 2015, increase the credit limitation to a maximum of $5,000 with respect to the adoption of a minor child, as described, who is over 12 years of age or who was living in a group home or residential treatment facility, as defined, for a period of at least 6 months within 18 months prior to the time the adoption is completed. This bill would take effect immediately as a tax levy.

Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. Regulations adopted by the state board require an Enhanced Vapor Recovery Phase II upgrade by April 1, 2009, as provided. This bill would prohibit the state board from requiring a gasoline dispensing facility owned or operated by a local government that does not meet these requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. This bill would declare that it is to take effect immediately as an urgency statute.

The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws. This bill would authorize a credit against those taxes for each taxable year beginning on or after January 1, 2009, and before January 1, 2014, in an amount equal to 15% of the amount of administrative costs paid or incurred by a qualified taxpayer during the taxable year in connection with establishing or administering a qualified cafeteria plan that provides for the payment of health insurance premiums of the taxpayer's employees, as defined. This bill would also require the Franchise Tax Board to report to the Legislature, as provided. This bill would take effect immediately as a tax levy.

Existing law requires a person desiring to vote at a polling place to announce his or her name and address to a precinct board member and to write this information on the roster of voters. This bill would also require the person to present proof of his or her identity to a member of the precinct board before receiving a ballot. The bill would require the proof of identity to contain the person's name and photograph, to be either unexpired or expired after the last general election, and to be issued by the United States, the State of California, or a tribal government. The bill would permit a voter who is unable to present proof of identity to cast a provisional ballot and would require the voter to provide identification to the county registrar of voters within 5 business days of voting. The bill, by requiring county elections officials to perform new duties, 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 these statutory provisions.

Existing law provides that criminal trials may only be continued for good cause. Under existing law, good cause is defined to include when a prosecutor assigned to specific types of criminal cases has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. This bill would include, as good cause, a case involving a violent gang felony, as defined, when the assigned prosecutor has another case in progress, as specified. Existing law provides that only one such continuance per case may be granted to the prosecutor for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. This bill would also limit the prosecutor to one such continuance per case in cases involving violent gang felonies.

Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water Quality Control Act (state act) . The state act, with certain exceptions, imposes a mandatory minimum penalty of $3,000 for each serious waste discharge violation, as defined, or for certain other described violations if those violations occur 4 or more times in any period of 6 consecutive months, as prescribed. The state act authorizes the state board or a regional board to elect to require a publicly owned treatment works (POTWS) serving a small community, in lieu of assessing the mandatory minimum penalty against that POTWS, to spend an equivalent amount towards the completion of a compliance project proposed by that POTWS if certain requirements are met, including a requirement that the POTWS prepare a financing plan to complete the compliance project. Existing law defines "a publicly owned treatment works serving a small community" to mean a publicly owned treatment works serving a population of 10,000 persons or fewer or a rural county, with a financial hardship as determined by the state board after considering specified factors. This bill would require the financing plan prepared by the POTWS to include the completion of the compliance project within 5 years. The bill would authorize the state board, when determining financial hardship, if the state board finds that the review of the specified factors does not adequately represent the range of economic circumstances in a community, to also consider the impact of the penalties on individual ratepayers.

Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Under existing law, the commission is required to develop and implement training programs for peace officers relative to certain areas of criminal law or procedure. This bill would require the commission to create and make available to all law enforcement agencies training content on how to recognize and interact with persons carrying a kirpan, as specified. The bill would require that the training content include instruction on how arrests of Sikhs carrying a kirpan have historically been treated and the alternatives to those arrests and detentions that have successfully been used. This bill would define a kirpan as a blade that resembles a sword and is required to be carried as an integral part of the practice of the Sikh faith.