Existing law requires the Public Utilities Commission, State Energy Resources Conservation and Development Commission (Energy Commission) , and the Department of Water Resources to undertake various programs related to energy and water conservation. This bill would require that any moneys received by the state pursuant to the federal American Recovery and Reinvestment Act of 2009 that are directed for energy-related activities, programs, or projects, be administered by the state's energy and water agencies, and provide that those activities, programs, or projects should adhere to the principle of accountability while also adhering to existing state policies to promote energy efficiency, promote water conservation, promote the development and use of renewable energy resources, protect the environment, and provide green job training. The bill would appropriate $113,093,000 to the Energy Commission for expenditure consistent with the federal American Recovery and Reinvestment Act of 2009 and applicable provisions of state law, including the provisions of the bill.
Sponsored bills
(1) The Real Estate Law provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner. Existing law authorizes the commissioner to suspend or revoke the license of a real estate licensee or corporation, or to deny the issuance of a license to an applicant or corporation, for specified violations. This bill would further authorize the commissioner to suspend or revoke those licenses, or to deny issuance of those licenses, upon a violation of specified federal lending laws or regulations or upon the violation or failure to comply with specified provisions of state law relating to mortgages. (2) Existing law imposes certain limitations and prohibitions on licensed persons, as defined, with respect to the making of a covered loan, defined as a consumer loan in which the original principal balance of the loan does not exceed the most current conforming loan limit for a single-family first mortgage loan established by the Federal National Mortgage Association in the case of a mortgage or deed of trust, and as specified. Existing law does not regulate or define the term "higher-priced mortgage loan." This bill would establish "higher-priced mortgage loans," as defined, as a new category of regulated loans. The bill would, among other things, limit prepayment penalties and prohibit provisions for negative amortization. The bill would prohibit a licensed person, as defined, from making false, deceptive, or misleading statements or representations in connection with higher-priced mortgage loans. The bill would also, among other things, prohibit a mortgage broker, as defined, who arranges higher-priced mortgage loans with prepayment penalties from receiving a compensation that exceeds certain amounts. The bill would provide that a violation of the provisions regulating higher-priced mortgage loans by a licensed person is also a violation of the person's licensing law. The bill would authorize a licensing agency or the Attorney General to enforce the provisions regulating higher-priced mortgage loans. The bill would authorize civil penalties in an amount up to $10,000 against a licensed person who willfully and knowingly violates the provisions regulating higher-priced mortgage loans, and would nullify prepayment penalties or yield spread premiums that violate these provisions. The bill would also establish specified duties for mortgage brokers performing mortgage brokerage services for higher-priced mortgage loans. The bill's provisions would apply to higher-priced mortgage loans originated on or after July 1, 2010. (3) Existing law imposes certain limitations and prohibitions on specified licensees, including commercial banks, credit unions, finance lenders, and residential mortgage lenders, with respect to the making of consumer loans. This bill would provide that a violation of specified federal lending laws or regulations by those licensees is also a violation of the licensing law of the licensee. The bill would also provide that a mortgage broker, as defined, providing mortgage brokerage services, as defined, to a borrower is the fiduciary of the borrower, and any violation of the broker's fiduciary duties is a violation of the mortgage broker's licensing law and specified civil penalty and liability provisions. The bill would further provide that this fiduciary duty includes a requirement that the mortgage broker place the economic interest of the borrower ahead of his or her own economic interest. (4) Because a violation of the bill's provisions by certain licensees may be punished as crimes under the licensing law of the licensees, 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 a person is liable for constructive invasion of privacy when the defendant attempts to capture, in a manner that is offensive to a reasonable person, or knowingly trespasses or commits assault with the intent to capture, as specified, any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity under circumstances in which the plaintiff had a reasonable expectation of privacy, through the use of a visual or auditory enhancing device, as specified. The person who commits the act is liable for up to 3 times the amount of general and special damages, and may be liable for punitive damages. However, the sale, transmission, publication, broadcast, or use of any image or recording of the type, or under the circumstances, described does not itself constitute a violation of that provision. This bill would create an exception to the latter provision regarding the first sale, offer for sale, transmission, publication, broadcast, or other use of any visual image, sound recording, or other physical impression, if the person sold, transmitted, published, broadcast, or used any image or recording of the type described in the provision above with actual knowledge, as defined, that the images or recordings were obtained in violation of specified provisions and provided compensation, consideration, or remuneration, monetary or otherwise, for the rights to the unlawfully obtained visual image, sound recording, or other physical impression. The bill would specify that those provisions apply only to a visual image, sound recording, or other physical impression that is captured or taken in California after January 1, 2010. The bill would also make technical changes. The bill would provide that a person who violates the provisions described above, or who directs, solicits, actually induces, or actually causes another person to violate any of those provisions would be subject to a civil fine of not less than $5,000 and not more than $50,000. The bill would authorize a county counsel or a city attorney to recover those civil fines, as specified. The bill would specify the allocation of the fines collected pursuant to the foregoing provision, including 12 to the prosecuting agency. The bill would also establish the Arts and Entertainment Fund in the State Treasury for the deposit of 12 of the fines, for expenditure by the California Arts Council, upon appropriation by the Legislature, as specified.
Existing law provides that entry of judgment may be deferred with respect to defendants who are charged with certain enumerated crimes and meet certain criteria including that they have no prior convictions for any offense involving controlled substances and have had no prior felony convictions within the 5 years prior, as specified. Existing law provides that if the prosecuting attorney determines that a defendant may qualify for a deferred entry of judgment, the prosecuting attorney must advise the defendant and his or her attorney in writing, as specified. Existing law provides that, upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred and allows for the sealing of court and arrest records where the interests of justice would be served, as specified. Existing law similarly establishes a preguilty plea drug court program wherein criminal proceedings are suspended without a plea of guilty for designated defendants. This bill would authorize a superior court, with the concurrence of the prosecuting attorney of the county, to create a deferred entry of judgment reentry program aimed at preventing recidivism among first-time nonviolent felony drug offenders. The bill would specify the characteristics of that program and the process for eligibility for the program. The California Constitution requires that a statute, a court rule, or other authority adopted that limits the people's right of access to information, including the writings of public officials and agencies, shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings that any limitation on the public's right of access to the writings of public officials and agencies made by its provisions is necessary to provide an incentive for program participants to complete the diversion program and to prevent recidivism among nonviolent offenders.
(1) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) , in its biennial energy conservation report, to report on the progress made to implement a statewide home energy rating program. This bill would require the Energy Commission, by March 1, 2010, to establish a regulatory proceeding to develop a comprehensive program to achieve greater energy savings in the state's existing residential and nonresidential building stock. In developing the requirements, the Energy Commission would be required to coordinate with specified entities and to consider certain factors. Before adopting the requirements, the Energy Commission would be required to consult with specified entities and to hold at least 3 public hearings. The Energy Commission would be required to periodically update the comprehensive program to improve or refine the program requirements. The Energy Commission would be required to report on the status of the program in the integrated energy policy report. (2) Existing law requires the Public Utilities Commission (PUC) to order certain electrical corporations to collect and spend certain funds for public benefit programs, including cost-effective energy efficiency and conservation programs. The bill would require the PUC, by March 1, 2010, to open a new proceeding or amend an existing proceeding to investigate the ability of electrical corporations and gas corporations to provide energy efficiency financing options to their customers to implement the comprehensive program that would be developed by the Energy Commission pursuant to this act. The bill would also require the PUC to include an assessment of each electrical corporation's and each gas corporation's implementation of that program in a specified triennial report required under existing law. (3) Existing law requires a local publicly owned electric utility to establish annual targets for energy efficiency savings and demand reduction for the next 10-year period and to provide to its customers and to the Energy Commission an annual report on its energy efficiency and demand reduction programs. This bill would require a local publicly owned electric utility, by a specified date, to be responsible for implementing an energy efficiency program that recognizes the Legislature's intent to encourage energy savings and greenhouse gas emission reductions in existing residential and nonresidential buildings. A local publicly owned electric utility would be required to include in the above-referenced report its status in implementing the program. Because a local publicly owned utility would be responsible for the implementation of an energy efficiency program and the provision of additional information in an annual report to its customers and the Energy Commission on the implementation of the program, this bill would increase the level of service provided by a local agency, thereby imposing a state-mandated local program. (4) 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 measure would recognize the pioneering work of promotores and community health workers in delivering vital and cost-effective health care services in communities throughout California and declare October 2009 as California Promotores Month.
This measure would make various statements regarding the importance of New United Motor Manufacturing, Inc. (NUMMI) to the California economy and would declare the necessity for the Legislature to utilize its vested powers to keep NUMMI in California.
This measure would proclaim October 23 to October 31, 2009, inclusive, as Red Ribbon Week, and would encourage all Californians to help build drug-free communities and participate in drug prevention activities.
This measure would recognize the importance of California Native American Day, celebrated this year on September 25, 2009, and the concurrent California Indian Cultural Awareness Conference to the enhancement of awareness of California Indian culture.
This measure would designate the month of October 2009, and every October thereafter, as Italian American Heritage Month. This measure would encourage public schools to highlight and include Italian American achievements and contributions to the culture of California and to take steps to promote the inclusion of the role and contributions of Italian Americans to the culture and history of California and the United States in elementary and secondary social science textbooks during the revision process for those textbooks.