(1) The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. The act specifically provides that a regulation or order of repeal required to be filed with the Secretary of State shall become effective on the 30th day after the date of filing, subject to certain exceptions. This bill would instead provide that a regulation or order of repeal is effective on January 1, April 1, July 1, or October 1, as specified, subject to certain exceptions, including, but not limited to, specified regulations adopted by the Fish and Game Commission. (2) The act requires the Office of Administrative Law to make a free copy of the full text of the California Code of Regulations available on its Internet Web site. This bill would also require the office to provide on its Internet Web site a list of, and a link to the full text of, each regulation filed with the Secretary of State that is pending effectiveness, as specified. (3) Existing law requires that every state agency subject to the act that maintains an Internet Web site or similar forum for the electronic publication or distribution of written material publish on that Internet Web site or other forum specified information regarding a proposed regulation or regulatory repeal or amendment. This bill would also require a state agency to post on its Internet Web site each regulation that is filed with the Secretary of State, as specified, and to send to the office the Internet Web site link of the regulation. The bill would not apply to a state agency that does not maintain an Internet Web site. This bill would also make a conforming change. This bill would incorporate additional changes in Section 116064 of the Health and Safety Code, proposed by AB 2114, to be operative only if AB 2114 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
Sponsored bills
This measure would declare December 12, 2012, as California Bullying Prevention Day, and would recognize the need for individuals, schools, communities, businesses, local governments, and the state to take action on behalf of bullying prevention in California.
This measure would request the President and the Congress of the United States to enact the Social Security Fairness Act of 2011, which would repeal the Government Pension Offset and the Windfall Elimination Provision from the Social Security Act.
Existing law prohibits the State Board of Education from adopting instructional materials until the 2015–16 school year. This bill would authorize the state board to consider the adoption of a revised curriculum framework and evaluation criteria for instructional materials in history-social science. The bill would require the State Department of Education to conduct work necessary to revise the curriculum framework and evaluation criteria for instructional materials in history-social science only after it has completed work related to the development of curriculum frameworks for the common core academic content standards as provided by law.
This measure would urge the United States Postal Service to end its plan to reduce the frequency of mail delivery from 6 days to 5 days a week, and to take all appropriate measures to ensure the continuation of this 6-day mail delivery service.
This measure would proclaim August 15, 2012, as India's Independence Day, and would urge all Californians to join in celebrating India's independence.
(1) 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 (EIR) 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. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency's action on the grounds of noncompliance with CEQA. This bill would require, until January 1, 2016, the lead agency, at the request of a project applicant for specified projects, to, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, EIRs or other environmental documents for specified projects. Because the bill would require a lead agency to prepare the record of proceedings as provided, this bill would impose a state-mandated local program. The bill would require, for a lead agency that is a state agency, the consent of the state agency for the concurrent preparation of the record of proceedings. (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 no reimbursement is required by this act for a specified reason. (3) This bill would not become operative unless AB 1570 of the 2011–12 Regular Session of the Legislature is enacted on or before January 1, 2013.
The Corporation Tax Law imposes taxes measured by income and, in the case of a business with business income derived from or attributable to sources both within and without this state, apportions the business income between this state and other states and foreign countries in accordance with a specified 4-factor formula based on the property, payroll, and sales within and without this state, except that in the case of an apportioning trade or business that derives more than 50% of its gross business receipts from conducting one or more qualified business activities, as defined, business income is apportioned in accordance with a specified 3-factor formula. That law, for taxable years beginning on or after January 1, 2011, allows a taxpayer to apportion its business income in accordance with a single sales factor formula, except as provided, pursuant to an irrevocable annual election, as specified. That law also provides that sales of tangible personal property and sales of other than tangible personal property are in this state in accordance with specified criteria. This bill, for taxable years beginning on or after January 1, 2012, would require a taxpayer, except as provided, to apportion its business income in accordance with a single sale factor and would allow a taxpayer to annually elect to apportion business income in accordance with the 4-factor formula, as provided. This bill also would revise the rules that determine whether a taxpayer is doing business in this state and would revise the provisions that determine whether sales other than tangible personal property occur in this state, including specific provisions for cable systems or networks. This bill would require any aggregate increase in revenues derived from its provisions less a specified amount, as provided, to be deposited into the Middle Class Scholarship Fund, which the bill would establish, and, upon appropriation by the Legislature, allocate those revenues for the purpose of increasing the affordability of higher education. This bill would become operative only if a specified measure is chaptered and establishes a middle-class scholarship program. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees, among other fees, be paid by students at these institutions. This bill would establish the Middle Class Scholarship Program under the administration of the Student Aid Commission. The bill would provide that, commencing with the 2012–13 fiscal year, undergraduate students enrolled at the University of California or the California State University would receive a scholarship grant award credit that, combined with other publicly funded student financial aid, as defined, received by an eligible student, would be 60% of the amount charged that student for mandatory systemwide fees in that fiscal year if the student meets the following conditions: annual household income does not exceed $150,000; is a resident of this state or exempt from paying nonresident tuition; files specified financial aid forms; makes timely application or applications for publicly funded student financial aid, as defined, for which he or she is eligible; and meets prescribed eligibility requirements of the Cal Grant Program, except as specified, and attains at least a 2.0 high school or community college grade point average. The bill would provide that a student whose annual household income exceeds $150,000, and who otherwise meets the requirements, would receive a scholarship grant award credit that is reduced in accordance with prescribed calculations. The bill would require, in order for students enrolled in their respective segments to remain eligible to receive financial aid under the bill, the University of California and the California State University to maintain their respective institutional need-based grant programs at a level that, at a minimum, is equivalent to the level maintained during the 2011–12 fiscal year. The bill would continuously appropriate from the General Fund $150,000,000 to the Chancellor of the California Community Colleges for allocation to community college districts based on calculations of full-time equivalent credit, to be expended, after consultation with student representatives as specified, for the provision of scholarship grants to students to reduce the impact of enrollment fees or to help cover the cost of textbooks and other educational expenses. The bill would require the Student Aid Commission to report the amount of the scholarship grant award credit for each student to the Franchise Tax Board, and to report the aggregate amount of scholarship grant award credits to the Department of Finance. The bill would authorize the Student Aid Commission to determine if sufficient funding is available for purposes of the bill in the 2012–13 fiscal year and subsequent fiscal years, and would further authorize the commission to reduce scholarships proportionately if it determines that sufficient funding is not available. (2) Existing law establishes the continuously appropriated Tax Relief and Refund Account, and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account. This bill, for fiscal years beginning with the 2012–13 fiscal year, would authorize an amount equal to a qualified student's scholarship grant award credit under the Middle Class Scholarship Program, as determined by the Student Aid Commission pursuant to the bill, to be refunded from the Tax Relief and Refund Account, thereby making an appropriation. (3) This bill would become operative only if AB 1500 of the 2011–12 Regular Session is chaptered. (4) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Emergency Clean Water Grant Fund (Grant Fund) , which is continuously appropriated for the purpose of providing financial assistance to public water systems and funding emergency actions, as defined by the department, to ensure the availability of safe drinking water supplies. Existing law requires the department to determine the definition of what constitutes an emergency requiring an alternative or improved water supply. Existing law authorizes the State Department of Public Health to expend funds from the Grant Fund for these purposes, including, but not limited to, the payment of specified actions. This bill would eliminate the requirement that the department develop a definition of what constitutes an emergency and would instead provide a definition of a public health emergency as an unexpected event that requires immediate action, as specified. This bill would authorize the department to expend the moneys from the Grant Fund if the department determines that a public health emergency has occurred and would list the provision of interim water treatment as one of the listed specified actions for which the department may provide payment. By revising and expanding the application of funds in the Grant Fund, the bill would make an appropriation. This bill would limit the provision of an alternative water supply to $50,000 per public water system per public health emergency. Existing law creates the Safe Drinking Water State Revolving Fund (Revolving Fund) and authorizes the department to provide grants or revolving fund loans for public water system projects that enable suppliers to meet safe drinking water standards. Existing law requires the department to report at least once every 2 years to specified committees of the Legislature on the implementation of these provisions and expenditures from the Revolving Fund. Existing law requires the report to include, among other things, the number and types of projects funded and the reduction in risks to public health from contaminants in drinking water provided through the funding of the projects. This bill would require the department to also post on its Internet Web site funding commitments made by the department for certain water system projects and other specified projects. This bill would declare that it is to take effect immediately as an urgency statute.