The California Constitution requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the Budget Bill by midnight on June 15. Under existing law, a state agency for which an appropriation is made is generally required to submit to the Department of Finance for approval a complete and detailed budget setting forth all proposed expenditures and estimated revenues for the ensuing fiscal year. This bill would require that the budget submitted by the Governor to the Legislature for the 2011–12 fiscal year and each following year be developed pursuant to performance-based budgeting methods, as defined, for each state agency. The bill would also require the Department of Finance to utilize the annual report on the measurements of performance-based budgeting methods prepared by the Joint Legislative Budget Committee. The bill would establish a task force comprised of the Director of Finance, the Controller, and the Chairperson of the Joint Legislative Budget Committee to develop performance-based budgeting guidelines and procedures and to develop a training and education program for state agency personnel involved in the budget process.
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The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. Existing property tax law specifies those circumstances in which the transfer of ownership interests results in a change in ownership of the real property, and provides that certain transfers do not result in a change of ownership. This bill would provide that a transfer of a cotenancy interest, as defined, in real property from one cotenant to the other that takes effect upon the death of the transferor cotenant and before January 1, 2020, does not constitute a change of ownership, as provided. This bill would require the transferor cotenant to sign an affidavit, as specified, under penalty of perjury. The bill would repeal these provisions on January 1, 2020. By requiring the transferor cotenant to sign an affidavit under penalty of perjury, this bill would expand the scope of the existing crime of perjury, and thereby 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. Section 2229 of the Revenue and Taxation Code requires the Legislature to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Existing law requires the State Board of Education to adopt basic instructional materials for use in kindergarten and grades 1 to 8, inclusive. This bill would make technical, nonsubstantive changes to those provisions.
Existing law designates area agencies on aging as local units on aging in California, which are financially supported by a variety of sources, including federal funding, state and local government assistance, the private sector, and individual contributions. Existing law also provides for independent living centers, for the purpose of assisting individuals with disabilities in their attempts to live fuller and freer lives outside institutions, and achieve social and economic independence. This bill would continuously appropriate from the Federal Trust Fund, in the absence of enactment of the annual Budget Act by July 1 of a fiscal year, (1) to the California Department of Aging, the amount of federal funds contained in the Federal Trust Fund that is necessary to pay area agencies on aging for the administration of programs under their jurisdiction, and (2) to the Department of Rehabilitation, the amount of federal funds contained in the Federal Trust Fund that is necessary to pay independent living centers for the administration of programs under their jurisdiction, pending enactment of the Budget Act. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law establishes the State Energy Resources Conservation and Development Commission and the Electricity Oversight Board with jurisdiction related to energy matters. Existing law provides the Public Utilities Commission with jurisdiction over the certification of natural gas and electric facilities. Existing law also provides the Office of Planning and Research, the Department of General Services, and the Office of the State Architect with jurisdiction over certain energy-related matters. Existing law provides the State Energy Resources Conservation and Development Commission with the jurisdiction over the certification of thermal powerplants. This bill would abolish the State Energy Resources and Conservation Commission and the Electricity Oversight Board. The bill would create the Department of Energy, headed by a Secretary of Energy, and would create the California Energy Board and the Office of Energy Market Oversight within the department. The bill would provide for the creation of various divisions and subdivisions as deemed necessary by the secretary. The secretary would be appointed by, and hold office at the pleasure of, the Governor, subject to confirmation by the Senate. The bill would require the Governor to appoint the initial secretary by January 31, 2011. The bill would authorize the Governor to appoint an Assistant Secretary of Energy who would serve at the pleasure of the Governor. The bill would require the department to create a legal subcommittee comprised of specified members to develop a single statewide position on litigation concerning energy matters. The bill would provide that the California Energy Board consists of the following members: the Secretary of Energy who would be the chair of the board, 4 members of the public with qualifications, as specified, appointed by the Governor and subject to confirmation by the Senate, the Secretary of the Natural Resources Agency, and the president of the California Public Utilities Commission. The Secretary of the Natural Resources Agency, and the president of the California Public Utilities Commission would serve as ex officio, nonvoting members of the board. The bill would specify that the public members shall serve for a term of 4 years. The bill would require the board to nominate for appointment by the Governor a public adviser to the board who would serve for a 3-year term and may be removed upon the joint concurrence of 4 board members and the Governor. The bill would vest the Office of Energy Market Oversight with the powers, duties, responsibilities, obligations, liabilities, and jurisdiction of the Electricity Oversight Board and add to the functions of the office. The bill would vest the new department and the California Energy Board with the powers, duties, responsibilities, obligations, liabilities, jurisdiction, and rights and privileges of the State Energy Resources Conservation and Development Commission, as specified. The bill would transfer jurisdiction over the certification of thermal powerplants and grant jurisdiction over certification of specified solar nonthermal powerplants to the California Energy Board. The bill would also transfer jurisdiction of certain energy-related matters from the Office of Planning and Research, the Department of General Services, and the Office of the State Architect to the Department of Energy or the California Energy Commission, as specified. The bill would transfer all responsibilities with respect to the certification of certain electric transmission facilities from the Public Utilities Commission to the exclusive jurisdiction of the California Energy Board. The bill would require the Department of Energy, on or before January 1, 2012, in consultation with the Public Utilities Commission and the Independent System Operator, to submit to the Governor and the Legislature a strategic plan identifying administrative and statutory measures that would improve the siting and licensing process for electric transmission lines. (2) Existing law requires a person proposing to construct a thermal powerplant or electric transmission line on a site to submit to the State Energy Resources Conservation and Development Commission a notice of intention to file an application for the certification of the site. This bill would repeal this requirement. (3) Existing law prohibits the State Energy Resources Conservation and Development Commission from certifying a facility that adds generating capacity to a potential multiple facility site in excess of the maximum allowable capacity determined by the commission. This bill would repeal this prohibition. (4) Existing law requires the Department of Community Services and Development to administer federal funds for programs to provide energy assistance to qualified low-income households and to administer the community services block grant program. This bill would transfer the above-described duties and responsibilities of the Department of Community Services and Development, on and after January 1, 2013, to the Department of Energy. (5) Existing law established the Katz Safe Schoolbus Clean Fuel Efficiency Demonstration Program to assist local educational agencies in replacing older schoolbuses with schoolbuses meeting federal safety standards that operate with greater efficiency and fewer adverse air emissions. This bill would repeal this program. (6) Existing law establishes the Small Business Energy Efficient Refrigeration Program and the State Solar Medallion Passive Design Competition. This bill would repeal the program and competition. (7) The bill would make conforming changes in existing law. (8) The bill would provide that the provisions of the bill are severable.
The California Global Warming Solutions Act of 2006 (the act) requires the State Air Resources Board (state board) to adopt regulations to require the reporting and verification of emissions of greenhouse gases and to monitor and enforce compliance with the reporting and verification program, and requires the state board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990 to be achieved by 2020. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions. The state board is required by January 1, 2011, to adopt greenhouse gas emissions limits and emission reduction measures by regulation to achieve the prescribed emission reductions. This bill would suspend the act until the state unemployment rate is 5.5% or lower for four consecutive calendar quarters. The bill would require the resuspension of the act whenever the state unemployment rate rises above 5.5% for four consecutive calendar quarters. The bill would prohibit the state board, and specified other state agencies, from proposing, promulgating, or adopting any regulation pursuant to the act during a period of suspension and would require that any such regulation adopted prior to January 1, 2011, be inoperative until the suspension is lifted. The bill would request local agencies to refrain from adopting rules, regulations, and policies that derive authority or responsibility from the act and to revise or repeal those rules, regulations, or policies adopted prior to January 1, 2011, until the suspension is lifted.
(1) Existing law, the Contractors' State License Law, provides for the licensure and regulation of contractors by the Contractors' State License Board. Existing law specifies that a violation of various provisions of the Contractors' State License Law is a misdemeanor. Existing law includes in the definition of the term "contractor" any person engaged in the business of the construction, installation, alteration, repair, or preparation for moving of a mobilehome or mobilehome accessory buildings and structures upon a site for the purpose of occupancy. This bill would, except as specified, include any person engaged in the business of the construction, installation, alteration, repair, or preparation for the moving of a prefabricated panelized home in the definition of the term "contractor." By expanding the definition of a crime, the bill would impose a state-mandated local program. (2) The Mobilehomes-Manufactured Housing Act of 1980 requires the Department of Housing and Community Development to enforce various laws pertaining to the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach. The act defines several terms for its purposes. This bill would define the term "prefabricated panelized home" for purposes of the act. (3) 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 Small Business Procurement and Contract Act requires state agencies entering into contracts for the provision of goods, information technology, and services to the state, and the construction of state facilities, to provide for a preference up to and including 5% for any bid of a small business and microbusiness, or a nonsmall business that provides for small business and microbusiness subcontractor participation, in solicitations where an award is to be made to the lowest responsible bidder or highest scored bidder meeting specifications. Existing law also requires that in the event of a precise tie between the low responsible bid of a bidder meeting specifications of a small business or microbusiness, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business or microbusiness, the contract be awarded to the disabled veteran-owned small business or microbusiness. This bill would make technical, nonsubstantive changes to those provisions.
The California Constitution and existing property tax law authorize taxpayers to transfer the base year value, as defined, of property to replacement property, if certain conditions are met, including, among others, that the claimant has not previously been granted, as a claimant, this property tax relief. For purposes of this property tax relief, existing law defines a "claimant" as any person claiming the property tax relief provided by this section, and provides that if a spouse of the claimant is a record owner of the replacement dwelling, the spouse is also considered a claimant for purposes of determining whether in any future claim filed by the spouse the condition of eligibility has been met. This bill would instead provide that a spouse of a claimant who is a record owner of the replacement dwelling shall not be considered a claimant for purposes of determining whether, in any future claim filed by the spouse, the condition of eligibility has been met, and would also make conforming changes to that provision. This bill would provide that this property tax relief shall apply only to persons who file a claim on or after January 1, 2010, and who have not been previously granted this property tax relief, as specified. Existing law provides, in the case where a taxpayer has timely filed and been granted a transfer of base year value of property to replacement property, and new construction is performed upon the replacement dwelling subsequent to the transfer of base year value, that there shall be no reassessment upon completion of the new construction, if the new construction is completed within 2 years of the date of sale of the original property, and the owner notifies the assessor in writing of the completion of the new construction, as specified. This bill would eliminate the requirement that the owner notify the assessor in writing of the completion of the new construction. By changing the manner in which county officials process claims for base year value transfers, 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 these statutory provisions.
Existing law requires a person proposing to construct a thermal powerplant to obtain a certification from the State Energy Resources Conservation and Development Commission. Existing law exempts facilities for which the Public Utilities Commission has issued a certificate of convenience and necessity or that a municipal utility has approved before January 7, 1975. This bill would additionally exempt an applicant for a nuclear fission thermal powerplant capable of producing up to 2,000 megawatts of energy that is the first California entity to obtain an early site permit from the United States Nuclear Regulatory Commission.