Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor, whenever the value of the property taken does not exceed $950. Under existing law, if the value of the property taken exceeds $950, the theft is grand theft, punishable as a misdemeanor or a felony. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. Under existing law, entering a commercial establishment with the intent to take property exceeding $950 is burglary, punishable as a misdemeanor or a felony. This bill would amend Proposition 47 by reducing the threshold amount for petty theft and shoplifting from $950 to $400. The bill would provide that it shall become effective only when submitted to, and approved by, the voters of California.
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Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team, as specified. A violation of these prohibitions is punishable as a misdemeanor. This bill would extend these offenses to include impersonation through or on an internet website, or by other electronic means, for purposes of defrauding another. By expanding the application of existing crimes, 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.
Under existing law, when a public offense is committed in part in one jurisdictional territory and in part in another jurisdictional territory, or the acts constituting or requisite to the consummation of the offense occur in 2 or more jurisdictional territories, the jurisdiction for the offense is in any competent court within either jurisdictional territory. This bill would establish the jurisdiction of a criminal action brought by the Attorney General for theft, organized retail theft, or receipt of stolen property as including the county where an offense involving the theft or receipt of the stolen merchandise occurred, the county in which the merchandise was recovered, or the county where any act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense. The bill would also, if multiple offenses of theft or other specified crimes all involving the same defendant or defendants and the same merchandise, or the same defendant or defendants and the same scheme or substantially similar activity, occur in multiple jurisdictions, establish that any of those jurisdictions is a proper jurisdiction for all of the offenses. The bill would extend jurisdiction to all associated offenses connected together in their commission to the underlying theft offenses.
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. The California Safe Drinking Water Act provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties relating to the regulation of drinking water to protect public health. Existing law establishes the Safe and Affordable Drinking Water Fund in the State Treasury to help water systems provide an adequate and affordable supply of safe drinking water in both the near and long terms. Existing law requires the state board to annually adopt, and update every 3 years, a fund expenditure plan that contains specified information, including, but not limited to, a list of water systems that consistently fail to provide an adequate supply of safe drinking water. Existing law requires the state board to develop a drinking water needs assessment to inform the board's annual fund expenditure plan. This bill would, until January 1, 2028, exempt from CEQA a well project, as defined, that meets specified conditions, including that the domestic well or the water system to which the well is connected has been designated by the state board as high risk or medium risk in the state board's drinking water needs assessment. The bill would require a lead agency, before determining that a well project is exempt from CEQA pursuant to these provisions, to contact the state board to determine whether claiming the exemption will affect the ability of the well project to receive federal financial assistance or federally capitalized financial assistance. The bill would require a lead agency that determines that a well project is exempt from CEQA pursuant to these provisions to file a notice of exemption with the Office of Planning and Research and the county clerk, as provided. Because the bill would increase the responsibilities of a lead agency related to the applicability of this exemption, 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.
The California Integrated Waste Management Act of 1989 requires the Director of Transportation, upon consultation with the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials. Existing law requires a local agency that has jurisdiction over a street or highway to either adopt these standards developed by the Department of Transportation or to discuss at a public hearing why the standards are not being adopted. Existing law requires the State Procurement Officer, when purchasing materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agency that provides road construction and repair services, to contract for those items that use recycled material in those materials, unless the Director of Transportation determines that the use of the materials is not cost effective. This bill would require the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. The bill would require, beginning January 1, 2024, a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, as specified. The bill would exempt cities and counties whose populations do not exceed specified thresholds and special districts from these requirements. By increasing the duties of local 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, 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, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, grants agricultural employees the right to form and join labor organizations and engage in collective bargaining with respect to wages, terms of employment, and other employment conditions, and authorizes employees to elect exclusive bargaining representatives for these purposes. Existing law creates the Agricultural Labor Relations Board and prescribes its composition, duties, and powers. Existing law authorizes the board to hold hearings and conduct investigations and requires that certain procedures be the exclusive method of redressing unfair labor practices. Under existing law, any person who willfully resists, prevents, or interferes with a member of the board or its agents or agencies in the performance of their duties is guilty of a misdemeanor. Existing law requires the board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Existing law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would refer to the election by secret ballot process as a polling place election. The bill would establish alternative procedures to the polling place election and authorize a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, as prescribed, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. The bill would provide that a labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without using the existing polling place process. Under the bill, a labor peace election would be a mail ballot election and a non-labor peace election would establish a process for the submission of a petition with proof of majority support, subject to certification by the board. Among other provisions, the bill would require for both alternative procedures that an employer respond to the board with regard to a petition, including providing a specified list of employees to the board. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would establish a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact, defined to mean an agreement by the employer to, among other things, make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after certain documents regarding organization are filed with the board. The bill would prohibit a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. The bill would require the board to develop an online web-based labor peace election process that will allow employers to indicate their labor peace choice online, and that will allow labor organizations to see whether a specific agricultural employer has agreed to a labor peace election campaign. This bill would repeal the above provisions on January 1, 2028. This bill would prescribe civil penalties to be imposed upon an agricultural employer who commits an unfair labor practice in an amount not to exceed $10,000 for each violation, and would increase that sum to an amount not to exceed $25,000 for specified violations. The bill would require the board to consider specified factors in determining the amount of a civil penalty pursuant to these provisions. The bill would also authorize the board to impose personal liability for these penalties upon a director or officer of an employer in certain circumstances. Existing law authorizes a person aggrieved by the final order of the board granting or denying in whole or in part the relief sought for an unfair labor practice, to obtain a review of the order in a specified court of appeal by filing in the court a written petition requesting that the order of the board be modified or set aside. This bill would require an employer who appeals or petitions for a writ of review of any order of the board involving make-whole, backpay, or other monetary awards to employees, to post an appeal bond in the amount of the entire economic value of the order, as specified, and would provide for the bond to be forfeited under specified conditions. This bill would state that its provisions 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.
The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit. The bill would apply these provisions only to a permit application for no more than 2 additional bedrooms within an existing dwelling unit. The bill would specify that these provisions are not to be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities. By imposing additional 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 no reimbursement is required by this act for a specified reason.
Existing law establishes the Domestic Violence Prevention Act for the purpose of preventing acts of domestic violence, abuse, and sexual abuse and providing for a separation of the persons involved in the domestic violence for a period sufficient to enable those persons to seek a resolution of the causes of the violence. Existing law authorizes a court to issue a protective order enjoining a party from engaging in specified acts, including threatening or harassing the other party or disturbing the peace of the other party. Existing law authorizes a court to issue an order for the payment of attorney's fees and costs of the prevailing party. Existing law also requires the court to order that the respondent pay petitioner's attorney's fees and costs, in any action in which the petitioner is the prevailing party and cannot afford to pay for the attorney's fees, if appropriate, as specified. This bill would instead, after notice and a hearing, and upon request, require a court to issue an order for the payment of attorney's fees and costs for a prevailing petitioner. The bill would authorize a court, after notice and a hearing, and upon request, to issue an order for the payment of attorney's fees and costs for a prevailing respondent only if the respondent establishes by a preponderance of the evidence that the petition or request is frivolous or solely intended to abuse, intimidate, or cause unnecessary delay. The bill would require the court, before awarding attorney's fees and costs, to first find that the party ordered to pay has, or is reasonably likely to have, the ability to pay.
Existing law relating to prescription lenses and ophthalmic and optometric assistants authorizes an assistant, under the direct responsibility and supervision of an optometrist or ophthalmologist, to perform preliminary subjective refraction procedures in connection with finalizing subjective refraction procedures performed by an ophthalmologist or optometrist, subject to prescribed conditions. Those conditions include a requirement that the assistant have at least 45 hours of documented training in subjective refraction procedures acceptable to the supervising ophthalmologist or optometrist. This bill would authorize the training to include performing preliminary subjective refraction procedures consistent with existing law to accomplish that training. Other existing law, the Optometry Practice Act, provides for the licensure and regulation of the practice of optometry by the State Board of Optometry. The act prohibits engaging in the practice of optometry without an optometrist license from the board. The act establishes the scope of practice for licensed optometrists. A violation of the act is a misdemeanor. This bill would require an optometrist to stabilize, if possible, and immediately refer any patient who has an acute attack of angle closure to an ophthalmologist. By imposing a new requirement on licensees, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. Existing law authorizes an optometrist certified to use therapeutic pharmaceutical agents to utilize certain techniques and instrumentation necessary for the diagnosis of conditions and diseases of the eye and adnexa. In this regard, existing law authorizes the optometrist to utilize laboratory tests or examinations performed in an office classified as waived under the federal Clinical Laboratory Improvement Amendments of 1988. This bill would instead authorize the utilization of laboratory tests or examinations that are performed in a laboratory with a certificate of waiver under the federal Clinical Laboratory Improvement Amendments of 1988. The bill would also correct an erroneous cross-reference. Existing law authorizes an optometrist certified to use therapeutic pharmaceutical agents, and who meets additional certification requirements, including completion of an immunization training program, to administer specified immunizations, including for SARS-CoV-2. This bill would authorize an optometrist meeting the immunization certification requirements to independently initiate, in addition to administering, the specified immunizations. This bill would incorporate additional changes to Section 3041 of the Business and Professions Code proposed by AB 2236 to be operative only if this bill and AB 2236 are enacted and this bill is enacted last. 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 requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase an agricultural product grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the California-grown agricultural product is comparable. Existing law also requires the institutions, when they solicit or intend to accept a bid or price for agricultural products grown outside the state, to accept the bid or price from a vendor that packs or processes these agricultural products in the state before accepting a bid or price from a vendor that packs or processes these agricultural products outside of the state when specified conditions are met, including that the bid or price of the agricultural product grown outside the state and packed or processed in the state does not exceed by more than 5% the lowest bid or price for the agricultural product packed or processed outside the state. Existing law requires a school district that solicits bids for the purchase of an agricultural product to accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state when the bid or price of the California-grown agricultural product does not exceed the lowest bid or price for an agricultural product produced outside the state and the quality of the California-grown agricultural product is comparable. Under existing law, these provisions only apply to a contract to purchase agricultural products for a value that is less than the value of the threshold for supplies and services for which California has obligated itself under the Agreement on Government Procurement of the World Trade Organization. This bill would revise and recast these provisions. The bill would instead require a California state-owned or state-run institution that purchases agricultural food products, as defined, to implement necessary practices to achieve a goal of ensuring that at least 60% of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025. The bill would provide that this goal does not apply to local educational agencies and the segments of public postsecondary education. The bill would change the above-described requirement for school districts to apply to the purchase of a domestic agricultural food product that is grown outside the state, instead of an agricultural product that is grown outside of the state, and would expand the application of this requirement from school districts to local educational agencies. The bill would eliminate the above-described preference for in-state vendors. The bill would provide that the bill's provisions neither limit nor expand California's obligations under the Agreement on Government Procurement of the World Trade Organization. By creating new duties for local educational 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, 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.