The Digital Infrastructure and Video Competition Act of 2006 establishes a procedure for the Public Utilities Commission to issue state franchises for the provision of video service, defined as video programming services, cable service, or open-video system service, except any video programming provided by a commercial mobile service provider, as defined in federal law, or video programming provided as part of, and via, a service that enables users to access content, information, email, or other services offered over the public internet. The act provides that the holder of a state franchise is not a public utility as a result of providing video services and that the act does not authorize the commission to regulate the rates, terms, and conditions of video service, except as explicitly set forth in the act. The act establishes a state franchise fee to be remitted to a local entity based on the franchiseholder's gross revenues, as defined, derived from the provision of cable or video service within that jurisdiction. The act prohibits a cable operator or video service provider that has been granted a state franchise from discriminating against, or denying access to service to, any group of potential residential subscribers because of the income of the residents in the local area in which the group resides, as specified. The act limits the maximum amount of a penalty that a local entity is authorized to assess on a holder of a state franchise for a material breach of certain customer service and consumer protection standards, as specified. This bill would revise and recast the Digital Infrastructure and Video Competition Act of 2006 to, among other things, rename the act as the Digital Equity in Video Franchising Act of 2023, require the commission to conduct any hearings and issue a state franchise or a reject each application for a state franchise not more than 120 days after the commission has deemed the application complete, and extend deadlines related to the commission's review of applications for state franchises. This bill would establish a policy of the state that subscribers and potential subscribers of a state video franchiseholder should benefit from equal access, as defined, to video service within the franchise service area, and expand the prohibition on certain cable operators or video service providers from discriminating against, or denying access to service to, any group of potential residential subscribers to include denial of equal access, as specified. The bill would require the commission to enforce customer service requirements for a holder of a state franchise and would increase the maximum amount of a penalty that a local entity is authorized to assess on a holder of a state franchise for a material breach of certain customer service and consumer protection standards, as specified. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of a commission action implementing this bill's requirements would be 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.
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Existing law makes it unlawful to engage in hazing, which is defined as a method of initiation or preinitiation into a student organization or student body, whether or not the organization or body is officially recognized by an educational institution, that is likely to cause serious bodily injury to a former, current, or prospective student of a school, community college, college, university, or other educational institution in the state. Existing law establishes civil liability for hazing participants or the organization if it is involved in the hazing. This bill would, beginning January 1, 2025, additionally establish civil liability for an educational institution, which the bill would define as a public or private institution of higher education in the state, if the institution has direct involvement in the hazing practices of the organization, or knew or in the exercise of ordinary care reasonably should have known of the hazing practices of the organization to which the student is seeking membership and unreasonably failed to prevent, discover, or stop the hazing practices, and the organization involved in the hazing is affiliated with the educational institution at the time of the alleged hazing incident. For purposes of determining whether an educational institution unreasonably failed to prevent, discover, or stop the hazing practices, the bill would require consideration of the extent to which the institution had specific antihazing measures in place at the time of the alleged hazing incident. This bill would also require the State Department of Education to make available on the department's internet website, on or before July 1, 2024, a model antihazing policy for local educational agencies and resources on hazing prevention for professional development purposes and to increase awareness among pupils, school staff, and community members of the dangers of hazing.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. The act requires the state board to establish a grant program, in consultation with the State Department of Education, to award grants to local educational agencies for the purposes of improving access to, and the quality of, drinking water in public schools serving kindergarten or any of grades 1 to 12, inclusive, and preschools and child daycare facilities located on public school property. This bill would require a community water system that serves a schoolsite, as defined, to test for lead in the potable water system outlets of the schoolsite before January 1, 2027, except as provided. The bill would require the community water system to report its findings to the applicable schoolsite or local educational agency and to the state board. The bill would require the local educational agency or schoolsite, if the lead level exceeds a specified level at a schoolsite, to notify the parents and guardians of the pupils who attend the schoolsite, take immediate steps to make inoperable and shut down from use all potable water system outlets where the excess lead levels may exist, and work to ensure that a lead-free source of drinking water is provided for pupils, as specified. The bill would require a community water system to test a potable water system outlet that replaces an outlet that is found to have excess levels of lead. The bill would require a community water system to prepare a sampling plan for each schoolsite where lead sampling is required under these provisions, as specified. The bill would require the schoolsite, local educational agency, and state board to make the results of schoolsite lead sampling publicly available by posting the results on its internet website. The bill would require a schoolsite and a local educational agency, if an internet website is not maintained, to provide the results upon request. By imposing additional duties on 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 specifies that the terms of probation granted to a person who has been convicted of domestic violence are required to include, among other things, successful completion of a batterer's program, as defined, or, if such a program is not available, another appropriate counseling program designated by the court, for a period of not less than one year, and a protective order protecting the victim from further acts of violence, threats, stalking, sexual abuse, and harassment. Existing law requires the court to order the defendant to comply with all probation requirements, including the payment of program fees based upon the ability to pay. If the court finds that a defendant does not have the ability to pay the program fee, existing law authorizes the court to reduce or waive the program fee. Existing law requires a batterer's program to develop and utilize a sliding fee schedule based on a defendant's ability to pay. The bill would require program providers, as defined, to publicly post, including on an internet website, a comprehensive description of their sliding fee scales. The bill would require the court to inform the defendant of the availability of a program fee waiver, if they do not have the ability to pay for the program, and to provide each defendant with a selection of available program providers and those providers' standard fees and sliding fee scales before the defendant agrees to the conditions of probation. Existing law requires the probation department, when investigating the appropriate batterer's program for a defendant, to take into account, among other factors, the defendant's age, medical history, and educational background. Existing law requires a program to meet certain requirements, including immediately reporting any violation of the terms of the protective order to the court, the prosecutor, and, if formal probation has not been ordered, to the probation department. The bill would require the probation department, when investigating the appropriate program, to also take into account the defendant's sexual orientation, gender identity, and financial means and to promptly notify each program in which the defendant is required to participate the defendant's other required, court-mandated programs and probation violations pertaining to a domestic violence offense. The bill would require a program provider to report a violation of the protective order within 7 business days. Existing law requires the court to refer persons to batterer's programs that have been approved by the probation department. Existing law requires the probation department to design and implement an approval and renewal process for batterer's programs, to regulate those programs, as specified, and to fix a yearly fee, not to exceed $250 to approve an application or renewal. The bill would place these requirements, instead, in the Department of Justice. The bill, when referencing a batterer's program, would specifically indicate another appropriate counseling program if a batterer's program is not available. The bill would, by April 1, 2024, to ensure compliance with state law, make the Department of Justice responsible for collaborating with the Judicial Council and relevant stakeholders to set program provider standards, approving, monitoring, and renewing approvals of program providers, conducting periodic audits of program providers, and developing, in consultation with the Injury and Violence Prevention Branch of the State Department of Public Health, comprehensive statewide standards through regulations, among other responsibilities. The bill would, by April 1, 2024, require the Judicial Council to establish guidelines and training for judges to ensure the consistent adjudication of probation violations. Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence. This bill would instead require the Judicial Council to establish judicial training programs for individuals, including judicial officers and referees, who perform duties in domestic violence or child custody matters, including, among other topics, child sexual abuse and coercive control, as specified. The bill would make findings and declarations in support of these provisions. By requiring a higher level of service from the courts, 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, until January 1, 2024, increases the smog abatement fee on certain vehicles by a specified amount and requires the revenues generated by the increase to be deposited in the Air Quality Improvement Fund and the Alternative and Renewable Fuel and Vehicle Technology Fund. Existing law, until January 1, 2024, increases vehicle registration fees and certain service fees for identification plates by specified amounts. Existing law requires the revenue generated by the increase in those fees to be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund and either the Air Quality Improvement Fund or the Enhanced Fleet Modernization Subaccount, as provided. This bill would extend the increases in those charges to July 1, 2035. Existing law, until January 1, 2024, prohibits the State Air Resources Board from enforcing any element of its clean fuels outlet regulations or other regulation that requires or has the effect of requiring suppliers, as defined, to construct, operate, or provide funding for the construction or operation of publicly available hydrogen-fueling stations. Existing law, until January 1, 2024, requires the state board to aggregate and make available certain information regarding projected leases and sales of, and the registration of, hydrogen-fueled vehicles, to evaluate, based on that information, the need for additional publicly available hydrogen-fueling stations for the actual and projected number of hydrogen-fueled vehicles, the geographic areas where fuel will be needed, and station coverage, and to report the finding of the evaluation to the State Energy Resources Conservation and Development Commission. Existing law, until January 1, 2024, requires the commission to annually allocate $20,000,000 to fund the number of publicly available hydrogen-fueling stations identified by the state board, not to exceed 20% of the moneys appropriated by the Legislature from the Alternative and Renewable Fuel and Vehicle Technology Fund, until at least 100 publicly available hydrogen-fueling stations are operating in the state. This bill would extend the above-described provisions to July 1, 2035, and would repeal them as of January 1, 2036. The bill would lower the annual allocation described above to $10,000,000, require the commission to make that allocation only until July 1, 2030, and impose other specified requirements. The bill would also delete the requirements that the hydrogen-fueling stations be publicly available and that there be at least 100 hydrogen-fueling stations operating in the state. Existing law creates the Enhanced Fleet Modernization Program to provide compensation for the retirement and replacement of passenger vehicles and light-duty and medium-duty trucks that are high polluters. Existing law requires the Bureau of Automotive Repair to administer the program and the state board to adopt the guidelines for the program. Existing law requires the guidelines to ensure vehicle replacement or a mobility option be an option for all motor vehicle owners and may be in addition to compensation for vehicles retired. Existing law creates the Enhanced Fleet Modernization Subaccount in the High Polluter Repair or Removal Account and makes available, upon appropriation, all moneys in the account to establish, implement, and administer the program. This bill would require the guidelines to ensure each replacement vehicle in the program be either a plug-in hybrid or zero-emission vehicle unless the state board makes a specified determination regarding either the availability of vehicles or the availability of charging and refueling capabilities in consultation with the commission, as specified. Existing law establishes the Clean Transportation Program that is administered by the commission to provide financial assistance to develop and deploy innovative technologies that transform California's fuel and vehicle types to help attain the state's climate change policies with an emphasis on the development and deployment of technology and alternative and renewable fuels in the marketplace. Existing law authorizes the commission to make a single source or sole source award for applied research. This bill would revise and recast the Clean Transportation Program to, among other things, change the emphasis of the program to the development and deployment of zero-emission technology and fuels in the marketplace where feasible and near-zero-emission technology and fuels elsewhere. The bill would additionally authorize the commission to make a single source or sole source award to public or nonpublic entities that manage a United States Department of Energy national laboratory. The bill would require the commission, on and after January 1, 2025, to expend at least 50% of the moneys appropriated to the program on programs and projects that directly benefit or serve residents of disadvantaged and low-income communities and low-income Californians. The bill would also require the State Energy Resources Conservation and Development Commission, by January 1, 2028, in consultation with the State Air Resources Board and the Department of Motor Vehicles, to propose to the Legislature alternative funding methodologies or fee structures for funding zero-emission vehicle infrastructure for light-, medium-, and heavy-duty vehicles. The bill would require the proposal to include an assessment of the economic equity of the alternatives. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires, in conformance with federal law, that the Secretary of State and the Department of Motor Vehicles establish and implement the California New Motor Voter Program for the purpose of increasing opportunities for voter registration for qualified voters. Existing law requires the department to transmit to the Secretary of State specified information related to a person's eligibility to vote, which the person provides when applying for a driver's license or identification card or when the person notifies the department of an address change. Existing law requires that if this information transmitted to the Secretary of State constitutes a completed affidavit of registration, the Secretary of State must register or preregister the person to vote, as applicable, unless the person affirmatively declines to register or is ineligible to vote, as specified. This bill would additionally require the Department of Motor Vehicles to transmit specified information to the Secretary of State for a person submitting a driver's license application who provides documentation demonstrating United States citizenship and that the person is of an eligible age to register or preregister to vote. The bill would deem this information to constitute a completed affidavit of registration for such persons, and require the Secretary of State to register or preregister the person to vote, unless the Secretary of State determines they are ineligible. The bill would require, if a person is registered or preregistered to vote in this manner, that the county elections official send a notice to the person advising that they may decline to register or preregister to vote, designate a party preference, or select a language preference. The bill would also require the county elections official to send a notice to a person who is already registered to vote, but for whom the Secretary of State changes their registration information after receiving updated name or address information from the department. This bill would prohibit the department from providing a person the opportunity to attest to meeting voter eligibility requirements when they submit a driver's license application, if the person provides a document to the department during the transaction demonstrating that the person is not a United States Citizen. This bill would expand the definition of "voter registration agency" to include entities designated by the Secretary of State. The bill would require the Secretary of State to establish a schedule whereby specified voter registration agencies must provide the Secretary of State electronic information regarding individuals who are eligible to vote or who provide updated registration information. This bill would make these provisions operative on the earlier of January 1, 2026, or 5 days after the Secretary of State certifies that the information technology infrastructure to substantially implement the bill is functional. The bill would allow the Secretary of State, commencing January 1, 2024, to perform administrative actions necessary to implement these provisions. By imposing new duties on county elections officials with respect to voter registration, 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, 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 provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Under existing law, unemployment benefits are paid from the Unemployment Fund, which is continuously appropriated for these purposes. Existing law makes an employee ineligible for benefits if the employee left work because of a trade dispute and specifies that the employee remains ineligible for the duration of the trade dispute. Existing case law holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. This bill would restore eligibility after the first 2 weeks for an employee who left work because of a trade dispute. The bill would codify specified case law that holds that employees who left work due to a lockout by the employer, even if it was in anticipation of a trade dispute, are eligible for benefits. The bill would specify that the bill's provisions do not diminish eligibility for benefits of individuals deprived of work due to an employer lockout or similar action, as specified. Because this bill would expand the categories of people eligible to receive benefits from a continuously appropriated fund, it would make an appropriation.
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, specified percentages of units for moderate, lower, or very low income households and meets other requirements. Existing property tax law establishes a welfare exemption under which property is exempt from taxation if the property is owned and operated by a nonprofit corporation that is organized and operated for the purpose of building and rehabilitating single-family or multifamily residences for sale, as provided, at cost to low-income families. Existing law requires the developer and the city or county to ensure that (1) a for-sale unit that qualified the developer for the award of the density bonus is initially occupied by a person or family of the required income, offered at an affordable housing cost, as defined, and includes an equity sharing agreement, as specified, or (2) a qualified nonprofit housing organization that is receiving the above-described welfare exemption purchases the unit pursuant to a specified recorded contract that includes an affordability restriction, an equity sharing agreement, as specified, and a repurchase option that requires a subsequent purchaser that desires to sell or convey the property to first offer the nonprofit corporation the opportunity to repurchase the property. This bill would instead require the developer and the city or county to ensure that the for-sale unit that qualified the developer for the award of the density bonus is (1) initially sold to and occupied by a person or family of the required income, or (2) if the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the qualified nonprofit housing organization that is receiving the above-described welfare exemption meets specified requirements, including having a determination letter from the Internal Revenue Service affirming its tax-exempt status, as specified, being based in California, and the primary activity of the nonprofit corporation being the development and preservation of affordable home ownership housing in California that incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser that desires to sell or convey the property to first offer the nonprofit corporation the opportunity to repurchase the property pursuant to an equity sharing agreement or a specified recorded contract that includes an affordability restriction. By imposing these requirements on local agencies with respect to density bonuses, this bill would impose a state-mandated local program. This bill would prohibit a developer from selling a unit constructed pursuant to a local inclusionary zoning ordinance that is intended for owner-occupancy by persons or families of extremely low, very low, low, or moderate income to a purchaser that is not a person or family of extremely low, very low, low, or moderate income, but would authorize a developer to sell that unit to a qualified nonprofit housing corporation, as defined, that will ensure owner occupancy pursuant to the income limitation recorded on the deed or other instrument defining the terms of conveyance eligibility, if the unit has not been purchased by an income-qualifying person or family within 180 days of the issuance of the certificate of occupancy. The bill would specify that every unit offered in a manner inconsistent with this requirement is a violation and that violators are exclusively subject to a civil penalty of not more than $15,000. The bill would authorize the civil penalty to be assessed and recovered in a civil action brought in the name of the people of the State of California by the county counsel or city attorney for the jurisdiction in which the violation occurred in a court of competent jurisdiction. This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by SB 713 and AB 1287 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.