Asm. Gregg Hart

Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law conditions eligibility on, among other criteria, a court finding that the defendant suffers from a mental disorder, as specified, excluding antisocial personality disorder, borderline personality disorder, and pedophilia. This bill would remove borderline personality disorder as an exclusion for pretrial diversion. This bill would incorporate additional changes to Section 1001.36 of the Penal Code proposed by AB 455 to be operative only if this bill and AB 455 are enacted and this bill is enacted last.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as a part of the market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law requires the Department of Resources Recycling and Recovery, with additional moneys from the Greenhouse Gas Reduction Fund that may be appropriated to the department, to administer a grant program to provide financial assistance to promote the in-state development of infrastructure, food waste prevention, or other projects to reduce organic waste or to process organic and other recyclable materials into new value-added products. Existing law requires the program to provide eligible financial assistance for certain activities, including recyclable material manufacturing. Existing law specifies eligible infrastructure projects for purposes of the program. Existing law requires the department to consider if and how the project may benefit disadvantaged communities in awarding a grant for organics composting or organics in-vessel digestion. This bill would expand the scope of the grant program to include providing financial assistance to promote in-state development of projects to sort and aggregate organic and other recyclable materials, as provided, or to divert items from disposal through enhanced reuse opportunities. The bill would require the grant program to provide eligible financial assistance for increasing opportunities for reuse of materials diverted from landfill disposal and for recyclable material recovery, sorting, or bailing equipment for use at publicly owned facilities. The bill would authorize eligible infrastructure projects for the grant program to include projects undertaken by a local government at publicly owned facilities to improve the recovery, sorting, or baling of recyclable materials to get those materials into the marketplace, the purchase of equipment and construction of facilities to help develop, implement, or expand edible food waste recovery operations, and the establishment of reuse programs to divert items from landfill disposal for reuse by members of the public. The bill would also require the department to consider if and how the project may benefit low-income communities, as defined, in awarding a grant for organics composting or organics in-vessel digestion.

Existing law establishes the California Transportation Commission in the Transportation Agency. Existing law vests the California Transportation Commission with various powers and duties relative to the programming of transportation capital projects and allocation of funds to those projects pursuant to the state transportation improvement program and various other transportation funding programs. This bill would require the commission to convene relevant state agencies to assess the procurement and implementation of data, modeling, and analytic software tools to support the state's sustainable transportation, congestion management, affordable housing, efficient land use, air quality, economic, and climate change strategies and goals, as provided. On or before July 1, 2025, the bill would require the commission to develop a proposal to procure data, modeling, and analytic software tools and a process to grant access to the data it procures directly, or provide a process for direct allocation of funding to agencies for data procurement, or both of those, as provided.

(1) Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2024, authorizes the legislative body of a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect. Those circumstances are that (1) state or local officials have imposed or recommended measures to promote social distancing, (2) the legislative body is meeting for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (3) the legislative body has previously made that determination. If there is a continuing state of emergency, or if state or local officials have imposed or recommended measures to promote social distancing, existing law requires a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures. Existing law requires a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option. Existing law prohibits a legislative body that holds a teleconferenced meeting under these abbreviated teleconferencing procedures from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. This bill would revise the authority of a legislative body to hold a teleconference meeting under those abbreviated teleconferencing procedures when a declared state of emergency is in effect. Specifically, the bill would extend indefinitely that authority in the circumstances under which the legislative body either (1) meets for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or (2) has previously made that determination. The bill would also extend the period for a legislative body to make the above-described findings related to a continuing state of emergency to not later than 45 days after the first teleconferenced meeting, and every 45 days thereafter, in order to continue to meet under the abbreviated teleconferencing procedures. The bill would additionally make nonsubstantive changes to those provisions and correct erroneous cross-references. (2) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by SB 537 to be operative only if this bill and SB 537 are enacted and this bill is enacted last. (3) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.

Existing law imposes limitations on various contracts, including by prohibiting a contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumer's ability to file a complaint with that board or to participate in the board's investigation into the licensee. Existing law, the Consumers Legal Remedies Act, makes unlawful specified unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer, including the passing off of goods or services as those of another. The act authorizes any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared as unlawful under the act to bring an action against that person to recover or obtain certain remedies. Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime. This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of the agreement. The bill would prohibit an exclusive listing agreement from renewing automatically and would require a renewal of an exclusive listing agreement to be in writing and be dated and signed by all parties to the agreement. The bill would make it unlawful to enforce or attempt to enforce an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of these provisions. This bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the person's licensing law. Because a violation of the bill's provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program. Existing law requires the county recorder to accept, upon payment of proper fees and taxes, for recordation certain instruments, papers, notices, or other documents. Existing law provides that a recorder is liable to an aggrieved party for the amount of damages if the recorder, among other things, neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it, unless the document is unrecordable. Under existing law, a person who receives a form from the recorder determining the document is unrecordable is guilty of a misdemeanor if the person attempts to subsequently record the unrecordable document without an order from the court requiring recordation of the document. This bill would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement. The bill would state that a violation of this prohibition constitutes a violation of the above-described provisions. By expanding the scope of a crime and imposing limitations on the county recorder, the bill would impose a state-mandated local program. The bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the person's licensing law. Because a violation of the bill's provisions by certain licensees may be punished as a crime under their respective licensing laws, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes specified state departments and authorities, upon determination that an advance payment is essential for the effective implementation of a program, to advance to a community-based private nonprofit agency with which it has contracted for the delivery of services funds not exceeding 25% of the annual allocation to be made to the agency during the fiscal year. Existing law also establishes a pilot program, which is repealed on July 1, 2025, to explore possible improvements to the state's existing advance payment practices for state-funded assistance grants. Existing law authorizes an administering state agency of a grant program to advance a payment to a recipient entity, which means a local agency or a nongovernmental entity that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant, in accordance with specified procedures. These procedures include stipulating an advance payment structure and request process within the grant agreement or contract and ensuring that the advance payment to the recipient entity does not exceed 25% of the total grant amount awarded to the recipient entity, except in specified circumstances. Existing law establishing the pilot program further authorizes an administering state agency to advance payment to a recipient state agency awarded a grant in accordance with specified procedures, including stipulating an advance payment structure and request process within the grant agreement or contract between the state agency administering the program and the recipient state agency and requiring the recipient state agency to provide an itemized budget, spending timeline, and workplan. This bill would declare the intent of the Legislature to improve and expand the state's existing advance payment practices for state grants and contracts with nonprofits. The bill would authorize an administering state agency to advance a payment to a recipient entity, defined to mean a private, nonprofit organization qualified under federal law, subject to meeting specified requirements. The bill would require the administering state agency to prioritize recipient entities and projects serving disadvantaged, low-income, and under-resourced communities, and to ensure an advance payment to the recipient entity does not exceed 25% of the total grant or contract amount. The bill would require the recipient entity to satisfy certain minimum requirements, including providing an itemized budget and submitting documentation, as required by the administering state agency, to support the need for advance payment. The bill would require the Department of Finance or its designee to audit a state agency subject to these provisions or any recipient or subrecipient that received an advance payment.

Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Code prior to a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a person's driver's license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days. This bill would eliminate the court's authorization to impound a person's driver's license or limit the person's driving when the person fails to pay the bail in installments. The bill would repeal a provision of law made obsolete by the bill.

Existing law requires the State Energy Resources Conservation and Development Commission, in coordination with relevant federal, state, and local agencies, to develop a strategic plan for offshore wind energy developments installed off the California coast in federal waters, and requires the commission to submit the strategic plan to the Natural Resources Agency and the Legislature on or before June 30, 2023. Existing law requires the commission, on or before June 1, 2022, to evaluate and quantify the maximum feasible capacity of offshore wind to achieve reliability, ratepayer, employment, and decarbonization benefits and to establish megawatt offshore wind planning goals for 2030 and 2045. Existing law requires the commission, in coordination with specified state entities, to work with stakeholders, other state, local, and federal agencies, and the offshore wind energy industry to identify suitable sea space for wind energy areas in federal waters sufficient to accommodate those offshore wind planning goals. Existing law requires the commission, in coordination with relevant state and local agencies, based on those identified sea spaces, to develop a plan to improve waterfront facilities that could support a range of floating offshore wind energy development activities. Existing law requires the commission, in consultation with specified state entities, to assess the transmission investments and upgrades necessary to support those offshore wind planning goals. Existing law requires the commission to develop and produce a permitting roadmap that describes timeframes and milestones for a coordinated, comprehensive, and efficient permitting process for offshore wind energy facilities and associated electricity and transmission infrastructure off the coast of California. Existing law repeals these provisions on January 1, 2027. This bill would require the commission, in consultation with the State Lands Commission, other specified state entities, and the California Coastal Commission, to develop a 2nd-phase plan and strategy for seaport readiness that builds upon the recommendations and alternatives in the strategic plan for offshore wind energy developments, as specified. The bill would require the commission to submit a report on its recommendations for a seaport readiness strategy to the Governor and the Legislature on or before December 31, 2026. The bill would additionally require the commission, in consultation with the California Workforce Development Board, to conduct a study on the feasibility of achieving 50% and 65% in-state assembly and manufacturing of offshore wind energy projects and specified federal domestic content thresholds for offshore wind energy projects, as provided. The bill would require the commission to submit a report on the study to the Governor and the Legislature on or before December 31, 2027. The bill would repeal these provisions, including the existing law provisions described above, on January 1, 2031.

(1) Existing law establishes the Geologic Energy Management Division in the Department of Conservation, under the direction of the State Oil and Gas Supervisor, who is required to supervise the drilling, operation, maintenance, and abandonment of oil and gas wells, as provided. Existing law requires an action for civil penalties or punitive damages authorized pursuant to specified environmental protection laws to be commenced within 5 years after discovery by the agency bringing the action, as provided. This bill would make that statute of limitations applicable to the oil and gas laws, as provided. (2) Existing law requires the supervisor to order tests and remedial work that in the supervisor's judgment are necessary to prevent damage to life, health, property, and natural resources and for other specified reasons. A person who violates, fails, neglects, or refuses to comply with any of the oil and gas laws is guilty of a crime. This bill would provide that, in addition to any cessation requirements or other limitations contained in applicable regulations or conditions of approval, an order to undertake remedial work issued pursuant to this requirement may include an order to cease and desist specified activities that threaten to damage life, health, property, and natural resources or that violate the requirements relating to oil and gas or a regulation implementing these requirements. The bill would also authorize the supervisor, after making a determination, based upon a site inspection, that a well poses a risk to life, health, property, or natural resources, to order an operator, owner, or property owner to secure a site, based on a site inspection, if certain conditions apply. The order would be appealable. The bill would make an operator, owner, or property owner who fails to comply subject to a civil penalty of not more than $25,000. By expanding the scope of crimes, the bill would impose a state-mandated local program. (3) Existing law makes it a crime for an owner or operator, or an employee thereof, to refuse to permit the supervisor or the district deputy, or that person's inspector, to inspect a well, or willfully hinder or delay the enforcement of the requirements relating to oil and gas. Existing law makes every person who violates, fails, neglects, or refuses to comply with specified laws relating to oil and gas, who fails, neglects, or refuses to furnish any report or record which may be required pursuant to these laws, or who willfully renders a false or fraudulent report, guilty of a misdemeanor, and subject to punishment by a fine of not less than $100, nor more than $1,000, or by imprisonment for not exceeding 6 months, or by both that fine and imprisonment, for each offense. Existing law establishes the Oil, Gas, and Geothermal Administrative Fund in the State Treasury for specified purposes, subject to appropriation by the Legislature, except as provided. Existing law also establishes, and requires the division to administer and manage, the Oil and Gas Environmental Remediation Account in the Oil, Gas, and Geothermal Administrative Fund. Existing law requires moneys in the account to be used, upon appropriation by the Legislature, for specified purposes. This bill would increase the fines for committing the acts described above to a minimum of $500 and not more than $5,000. In addition, the bill would specifically authorize the supervisor to refer violations of the oil and gas laws to a public prosecutor, as defined, or the Attorney General for prosecution. The bill would also require a person found liable for one of specified civil penalties to also pay a penalty in an amount equal to the cost to plug and abandon any well associated with the violation in an amount determined by the supervisor using any reasonable method, as provided. The bill would require the penalties collected pursuant to these provisions to be deposited in the Oil and Gas Environmental Remediation Account. (4) Existing law authorizes the supervisor to impose specified civil penalties on a person who violates a legal requirement regarding the operation of an oil and gas well or production facility, which is in addition to any other penalty provided by law for the violation. This bill would specify that the civil penalty imposed by the supervisor is an administrative civil penalty. The bill would also impose a civil penalty of not more than $50,000 for each separate violation of an oil and gas law or regulation, as specified, and each violation of an order issued pursuant to the oil and gas laws, or not more than $25,000 for each separate violation, or, for continuing violations, for each day that violation continues, if the person accused of the violation alleges by affirmative defense and establishes by a preponderance of the evidence that specified circumstances apply. The bill would impose a civil penalty not to exceed $70,000 for intentionally or negligently violating a provision of oil and gas laws, or a permit, rule, regulation, standard, or requirement issued or promulgated pursuant to those laws. The bill would authorize specified actions brought pursuant to the oil and gas laws to be commenced by a public prosecutor, the Attorney General, or an attorney for the division or the department. The bill would require 50% of the civil penalties collected be paid to the agency or office prosecuting the action and 50% be deposited in the Oil and Gas Environmental Remediation Account. The bill would specify that the violator is only subject to either the administrative civil penalty imposed by the supervisor or the civil penalty imposed by the court, and not to both penalties. The bill would authorize the supervisor to recover from the owner or operator all prosecution and enforcement costs incurred by the division arising from the administration and enforcement of those requirements and would require moneys recovered to be deposited into the Oil and Gas Environmental Remediation Account. The bill would also authorize the supervisor to apply to the superior court for an order enjoining acts or practices that violate the oil and gas laws, or violate a regulation, condition of approval, order, or other requirement issued, promulgated, or executed under those laws, as provided. The bill would also authorize a public prosecutor or the Attorney General to apply for that injunctive order. (5) 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 measure would apply to the United States Congress to call a constitutional convention under Article V of the Constitution of the United States for the purpose of proposing a constitutional amendment relating to firearms, as specified.