Asm. Mike Eng

This measure would proclaim January 13, 2010, as Korean-American Day.

The Teachers' Retirement Law provides that members with 30 or more years of credited service receive increases in their retirement allowance. Existing law provides additional increases for those members who have 30 or more years of credited service prior to 2011 and who retire for service on or after January 1, 2001. This bill would permit any member who retires for service on or after January 1, 2001, and has 30 or more years of credited service prior to July 1, 2016, to receive those additional increases.

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.

The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would enact the Advance Infrastructure Mitigation Program Act, which would establish the Advance Infrastructure Mitigation Program, including defining terms for that purpose. The bill would authorize the Natural Resources Agency to administer and implement the program by taking certain actions. Those actions would include preparing, approving, and implementing regional advance mitigation plans, the contents of which the bill would specify, for planned infrastructure projects, as defined, identified by an infrastructure planning agency, as defined. The bill would specify that the purpose of a regional advance mitigation plan is to provide effective mitigation and conservation of natural resources and natural processes on a landscape, regional, or statewide scale, to expedite the environmental review of planned infrastructure projects, and to facilitate the implementation of measures to mitigate the impacts of those projects by identifying and implementing mitigation measures in advance of project approval. The bill also would authorize the agency to acquire, restore, manage, monitor, and preserve lands, waterways, aquatic resources, or fisheries, or fund those actions, in accordance with an approved regional advance mitigation plan or as otherwise specified, and to establish or fund the establishment of mitigation banks and conservation banks and purchase credits at those types of banks. The bill would authorize the agency to take other actions with respect to mitigation credits or values created or acquired under the program. The bill would authorize an infrastructure planning agency to identify planned infrastructure projects for the purposes of including the projects in a regional advance mitigation plan or for other advance mitigation under the program, and would authorize the agency to enter a memorandum of understanding or other agreement with an infrastructure planning agency for specified purposes of the program. The bill would establish the Advance Infrastructure Mitigation Fund in the State Treasury. Upon appropriation by the Legislature, the bill would require moneys in the fund to be used by the agency to administer and implement the program. The bill would specify that the program is intended to improve the efficiency and efficacy of mitigation only and is not intended to supplant the requirements of CEQA or any other environmental law.

Existing law prohibits a pupil from receiving a diploma of graduation from high school unless he or she completes specified requirements, including, but not limited to, completing one course in visual or performing arts or foreign language. This bill would require that a pupil take at least 2 courses from the subject areas of visual or performing arts, foreign language, or career technical education, as defined, provided that at least one of these courses is a course in either visual or performing arts or foreign language. The bill would require schools, to the extent practicable, to offer courses within their existing school calendars. Because the bill would require schools to provide a higher level of service, it 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 these statutory provisions.

The Donahoe Higher Education Act sets forth, among other things, the missions and functions of California's public and independent segments of higher education, and their respective institutions of higher education. The act applies to the University of California only to the extent that the Regents of the University of California, by appropriate resolution, act to make the act applicable. Existing law requires that a person, other than a nonimmigrant alien, as defined, who has attended high school in California for 3 or more years, who has graduated from a California high school or attained the equivalent thereof, who has registered at or attends an accredited institution of higher education in California not earlier than the fall semester or quarter of the 2001–02 academic year, and who, if he or she is a person without lawful immigration status, has filed a prescribed affidavit relating to obtaining lawful immigration status, is exempt from paying nonresident tuition at the California Community Colleges and the California State University. Existing law also requires the waiver of student fees charged by community college districts for students who demonstrate financial need or are otherwise eligible for the waiver. Existing law requires the Board of Governors of the California Community Colleges to allocate, to community college districts for determining financial need and delivering student financial aid services, an amount based on the amount of fees waived. This bill would amend the Donahoe Higher Education Act to require the Trustees of the California State University and the Board of Governors of the California Community Colleges, and to request the Regents of the University of California, to establish procedures and forms that enable persons who are exempt from paying nonresident tuition under that provision, or who meet equivalent requirements adopted by the regents, to be eligible to receive institutional financial aid awards. The bill would define institutional financial aid as financial assistance offered by a campus of the California Community Colleges, California State University, or University of California, including grant, scholarship, workstudy, and loan programs. The bill would specify that institutional financial aid does not include a specified board of governors fee waiver. The bill would declare that it is a state law within the meaning of a federal statute that permits a state to provide an alien who is not lawfully present in the United States with eligibility for a state or local public benefit only through the enactment of a state law affirmatively providing for that eligibility. The bill would apply to the University of California only if the regents, by appropriate resolution, act to make it applicable.

Existing law, known as the Ortiz-Pacheco-Poochigian-Vasconcellos Cal Grant Program, establishes, among other programs, the Cal Grant A Entitlement Program, the Cal Grant B Entitlement Program, the California Community College Transfer Cal Grant Entitlement Program and the Competitive Cal Grant A and B award program, under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under these programs. This bill would, commencing with the 2010–11 academic year, entitle an otherwise eligible student who is a member or former member of the Armed Forces of the United States, as defined, who meets prescribed requirements, including enrollment in a qualifying undergraduate certificate or degree program, to a Cal Grant A Entitlement Award or a Cal Grant B Entitlement Award. The bill also would require the Student Aid Commission to make preliminary awards to all applicants currently eligible for an award under the program, and would require each person who receives a preliminary award to affirm, in writing, that he or she meets specified requirements for eligibility in the program. The bill would require the commission to randomly select at least 10% of the new and renewal awards made under the program and verify that the student meets specified requirements for eligibility. The bill would require the commission to seek repayment of any funds found to be improperly disbursed under the program, and would require the commission to submit an annual report to the Legislature and the Governor regarding, among other things, the number of awards made under this program.

Existing law provides for the licensure and regulation of residential care facilities for the elderly, as defined, by the State Department of Social Services, including, among other things, regulation of admissions procedures and agreements. Under existing law, a violation of these provisions is punishable as a misdemeanor. This bill would require that if an admission agreement includes an arbitration agreement, that arbitration agreement comply with prescribed requirements. This bill would provide that these requirements shall apply to any arbitration agreement that is included in an agreement between an elder or dependent adult, or his or her representative, and a residential care facility for the elderly for the admission to, or continued care or residence at, the facility that is entered into, altered, modified, renewed, or extended on or after January 1, 2010. This bill would prohibit an admission agreement from containing a waiver of the residents' personal rights, except as otherwise required or permitted by statute or regulation. The bill would provide that its provisions are not intended to affect existing law relating to the enforceability or unenforceability of an arbitration agreement. By expanding the definition of a crime, this bill would result in 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, the Stop Tobacco Access to Kids Enforcement Act (STAKE Act) , establishes various requirements for retailers relating to tobacco sales to minors. A violation of this act is a crime. This bill would authorize action to halt the sale, distribution, or offering for sale of electronic cigarettes that have not been approved or cleared by the federal Food and Drug Administration. By changing the definition of an existing crime, this bill would impose a state-mandated local program. Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate the manufacture, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of these provisions is a crime. This bill would deem any article that can provide inhaled doses of nicotine by delivering a vaporized solution a drug under these provisions. By expanding the definition of an existing crime, 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.