Under existing law, the California Food Sanitation Act, a food processing establishment is required to satisfy prescribed sanitation requirements for purposes of food safety. A violation of these provisions is a misdemeanor. This bill would require a food processing facility to adopt and implement a Hazard Analysis and Critical Control Point (HACCP) plan, as prescribed, including provisions for the testing of food and ingredients for the presence of specified hazards to public health. The bill would also impose reporting and recordkeeping requirements on food processing facilities, as specified. The bill would impose these requirements commencing January 1, 2012, or January 1, 2013, depending upon the gross annual revenue of the food processing facility. This bill would require the State Department of Public Health to establish minimum standards and requirements for the HACCP plans, and review adopted plans for compliance. This bill would also require the department to conduct inspections, as prescribed, and would authorize the department to increase its annual inspection fee to include, but not exceed, the cost of this additional inspection component. The bill would require a food processing facility to test its food and ingredients, as prescribed. Because this bill would create a new 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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(1) Existing law requires the Department of Toxic Substances Control to establish programs for hazardous waste source reduction. This bill would additionally require the department to establish programs for life cycle toxic reduction to reduce the use, generation, release, or disposal of a chemical of concern as identified by the department during a product life cycle. (2) Existing law imposes certain duties and responsibilities on the former Office of Emergency Services related to hazardous materials release response plans and inventory, and risk management plans required by federal law. This bill would transfer those duties and responsibilities to the Department of Toxic Substances Control. The bill would authorize the California Emergency Management Agency to develop materials, such as guidelines and informational pamphlets, to assist businesses and unified program agencies to fulfill their obligations concerning spill and release reporting, area plans, and the consolidated contingency plans. (3) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program. Existing law requires the unified program be developed in close consultation with specified officials. This bill would additionally require the unified program to be developed and implemented in close consultation with the Director of the Office of Environmental Health Hazard Assessment. The bill would require the secretary to oversee and coordinate the development of regulations and policies to ensure a consolidated, coordinated, and consistent unified program.
The Uniform Trade Secrets Act establishes specified remedies for the misappropriation of a trade secret. The act provides that its provisions do not affect the disclosure of a record by a state or local agency under the California Public Records Act, which requires state and local agencies to make their records available for public inspection, unless an exemption applies, and to make copies available upon payment of specified fees. This bill would establish a procedure to be applied when a person or entity submits any record or information to a state agency that the person or entity has designated as a trade secret. The bill would require the person or entity to submit documentary support for that designation to the agency to which the record or information is submitted and, if the agency concurs in the designation, would provide that the record or information shall be exempt from disclosure. The bill would provide that the fact that the record or information is exempt from disclosure shall be a public record subject to disclosure.
Existing law requires an operator of a store, as defined, to establish an at-store recycling program that provides to customers the opportunity to return clean plastic carryout bags to that store. Existing law imposes various requirements on at-store recycling programs, including requiring a store to maintain records describing the collection, transport, and recycling of plastic carryout bags collected by the store. Under existing law, the Department of Resources Recycling and Recovery (department) administers laws related to waste management. This bill would, on and after July 1, 2011, prohibit a store, as defined, from providing a single-use carryout bag to a customer unless the store charges a fee of not less than $0.25 per bag at the point of sale. The bill would exempt certain customers from paying the fee. The bill would establish the Bag Pollution Fund in the State Treasury and would require a store to remit the single-use carryout bag fees, less a specified amount, to the State Board of Equalization for deposit in that fund. The bill would prohibit a store from distributing a single-use carryout bag that is not a plastic or compostable carryout bag that meets specific requirements. The bill would require the department to administer and enforce the single-use carryout bag provisions and would require the State Board of Equalization to administer the collection of the fees imposed on those bags. The moneys in the fund would be required to be expended, upon appropriation by the Legislature, in a specified order of priority, by the department for grants to cities and counties for programs related to single-use carryout bags and reusable bag giveaway programs, by the State Board of Equalization to reimburse its costs associated with collecting the fees, by the department for purposes of implementing the above provisions, and by the department, in consultation with specified state agencies, to develop and implement specified programs related to single-use carryout bags. The bill would expressly prohibit the expenditure of revenues from the fund for activities unrelated to the prevention or reduction of single-use bag pollution. The bill would require the department, on or before January 1, 2014, to submit to the Legislature a report regarding the effectiveness of the above provisions and recommendations to further encourage the use of reusable bags.
Existing law, the Outdoor Advertising Act, provides for the regulation by the Department of Transportation of advertising displays, as defined, within view of public highways, as specified. This bill would prohibit an advertising display that is visible from a state, county, or city highway, as specified, from being constructed as, or converted, enhanced, improved, modified, modernized, or altered into, a digital advertising display, as defined, unless it complies with a specified permitting process. The bill, until January 1, 2012, would also prohibit an official highway changeable message sign, as defined, from being constructed as, or converted, enhanced, improved, modified, modernized, or altered into, a digital advertising display for the purpose of displaying messages other than official traffic operations or public safety messages. The bill would also prohibit the painting, installation, or application of a supergraphic, as defined, to an exterior building wall until the State Fire Marshal promulgates safety regulations governing these signs. The bill would provide for civil penalties for a violation of these provisions and provide other remedies for enforcement. The bill would also state the intent of the Legislature.
Existing law provides for the licensure of long-term health care facilities by the State Department of Public Health. Under existing law, the Long-Term Care, Health, Safety, and Security Act of 1973, the department may assess penalties for violation of prescribed state and federal requirements. Moneys collected as a result of the penalties imposed pursuant to these provisions are required to be deposited into either the State Health Facilities Citation Penalties Account or the Federal Health Facilities Citation Penalties Account, and used, upon appropriation by the Legislature, for the protection of health or property of residents of long-term health care facilities, including reimbursing residents for personal funds lost and costs associated with informational meetings. Existing law establishes the Office of the State Long-Term Care Ombudsman in the California Department of Aging. Under existing law, the office is responsible for, among other things, investigating and resolving complaints and concerns communicated by or on behalf of patients, residents, or clients of long-term care facilities, as defined. Existing law authorizes the California Department of Aging to allocate all federal and state funds for local ombudsman programs according to a specified distribution schedule. This bill would require at least 12 of the funds in the State Health Facilities Citation Penalties Account and the Federal Health Facilities Citation Penalties Account be used to fund local ombudsman programs pursuant to the aforementioned distribution schedule.
Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2010 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of $10,035,000,000 pursuant to the State General Obligation Bond Law. The act, if approved by the voters, would require the ____ to establish and impose a fee on users of water to be used for the purposes of the act, upon appropriation by the Legislature.
Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California and makes a violation of these provisions a crime. Existing law prohibits a shorthand reporting corporation, as defined, from doing or failing to do any act that constitutes unprofessional conduct under any statute, rule or regulation pertaining to shorthand reporters or shorthand reporting. This bill would prohibit any entity offering or providing the services of a shorthand reporter from doing or failing to do any act that constitutes unprofessional conduct under any statute, rule or regulation pertaining to shorthand reporters or shorthand reporting. By expanding the scope of 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.
Existing law provides that every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree. This bill would narrow the scope of first degree robbery in that instance by providing that every robbery of any person depositing or withdrawing money from an automated teller machine or immediately after the person has used an automated teller machine for those purposes and is in the vicinity of the automated teller machine is robbery of the first degree.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. (1) Existing law requires the State Bar to comply with specified standards applicable to state agency contracts when awarding a contract for goods, services, or both, for an aggregate amount in excess of $50,000. This bill would require the State Bar to comply with those standards when awarding a contract for information technology goods, services, or both, only when the contract is for an aggregate amount in excess of $100,000. The bill would require the State Bar to report to the judiciary committees of the Legislature by April 1, 2010, and annually thereafter until January 1, 2014, on the impact of this change. The bill would also require the State Bar to have a preference for using in-house employees for information technology projects. (2) Existing law requires the Board of Governors of the State Bar to charge an annual membership fee for active members of up to $315 for the year 2009. Existing law also requires the board to charge an annual membership fee for inactive members of up to $75. Under existing law, these fees are payable on or before the first day of February of each year. This bill would require the board to charge that annual membership fee for active members for 2010. The bill would specify that, for 2010, the annual membership fee for active members and inactive members is payable on or before the first day of March. (3) Existing law provides for the registration and regulation of law corporations, as defined. Existing law requires law corporations to apply to the State Bar for registration and to supply the State Bar with specified information. Existing law also requires law corporations to pay a registration fee and an annual renewal fee and specifies that all fees are paid into the treasury of the State Bar. This bill would require these fees to be used for regulatory and disciplinary purposes. (4) Existing law, the Uniform Partnership Act of 1994, provides for the registration and regulation of limited liability partnerships, including those partnerships providing legal services. The act requires, at the time of registration and at all times these partnerships transact intrastate business, that these partnerships provide specified security for claims arising out of the practice of law. The act also requires a limited liability partnership providing professional services in this state to comply with the administrative registration or filing requirements of that profession's respective regulatory entity. In this regard, the State Bar, pursuant to its Rules of the State Bar, requires those partnerships that provide legal services to register with the State Bar by submitting an initial application and thereafter to renew annually and to include the payment of a fee in each of these instances. This bill would require these fees to be used for regulatory and disciplinary purposes. The bill would also require applicants for registration with the State Bar to file a separate form stating that the limited liability partnership has complied with the security requirements for claims arising out of the practice of law. This bill would declare that it is to take effect immediately as an urgency statute.