Existing law, the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the jurisdictional boundaries of that city or county with a density bonus, and, if requested by the applicant, other incentives or concessions, waivers or reductions of development standards, and parking ratios, for the production of lower income housing units or for the donation of land within the development if the developer agrees to construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents, and meets other requirements. Existing law provides that these provisions do not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976, which provides for the regulation of development of certain lands within the coastal zone, as defined. This bill would require that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted in a manner that is consistent with that law and the California Coastal Act of 1976. This bill would also declare the intent of the Legislature in this regard. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2753 and SB 1227 to be operative only if this bill and either or both AB 2753 and SB 1227 are enacted and this bill is enacted last.
Sponsored bills
Existing law, the Home Furnishings and Thermal Insulation Act, a violation of which is a misdemeanor, provides for the regulation of persons engaged in businesses relating to upholstered furniture, bedding and filling materials, and insulation, and provides for the enforcement and administration of those provisions by a chief under the Director of Consumer Affairs. Existing law authorizes the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation to establish grades, specifications, and tolerances for materials used in upholstered furniture and bedding or filling materials and requires a manufacturer of upholstered furniture to indicate whether a product contains flame retardant chemicals. This bill, on and after January 1, 2020, would prohibit a person, including a manufacturer, from selling or distributing in commerce in this state new, not previously owned juvenile products, mattresses, or upholstered furniture that contains, or a constituent component of which contains, covered flame retardant chemicals, as defined, at levels above 1,000 parts per million, except as specified, and would prohibit a custom upholsterer from, among other things, repairing upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals at levels above 1,000 parts per million, except as specified. The bill would authorize the director to adopt regulations and rules to implement and enforce the bill's provisions. The bill would require the bureau to (1) enforce and ensure compliance with these requirements, (2) provide the Department of Toxic Substances Control with a selection of samples from products regulated by the bill's provisions for testing, and (3) reimburse the department for certain testing costs. The bill would also authorize the bureau to assess fines against manufacturers for a violation of the bill's provisions, as specified. The bill would require the bureau to receive complaints from consumers concerning these regulated products that are sold in this state. The bill would require the International Sleep Products Association to conduct surveys of mattress producers, including those registered with the bureau, and to submit a survey report with prescribed information to the bureau by January 31, 2020, and every 3 years thereafter. The bill would require registered producers of new mattresses to respond to the survey. The bill would require the association to submit to the bureau a list of any producers who fail to respond to the survey and to post the list of nonresponders on its Internet Web site. The bill would define various other terms for these purposes. The bill would also make various findings and declarations in this regard. Because a violation of the bill's provisions would be a misdemeanor, 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, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act (the act) , establishes the Emergency Medical Services Authority to coordinate and integrate all state activities concerning emergency medical services, including, among other duties, establishing training standards for specified emergency services personnel. The act provides a qualified immunity for public entities and emergency rescue personnel providing emergency services. The act provides other exemptions from liability for specified professionals rendering emergency medical services. Existing law, the Veterinary Medicine Practice Act, governs the practice of veterinary medicine in this state and makes it unlawful for any person to practice veterinary medicine in this state without a valid license issued pursuant to the act. For purposes of the act, the practice of veterinary medicine includes, among other things, administering a drug, appliance, or treatment for the cure or relief of a wound, fracture, or bodily injury of an animal. This bill would authorize an emergency responder, as defined, to provide basic first aid to dogs and cats, as defined, to the extent that the provision of that care is not prohibited by the responder's employer. The bill would limit civil liability for specified individuals who provide care to a pet or other domesticated animal during an emergency by applying existing provisions of state law. The definition of "basic first aid to dogs and cats" for purposes of these provisions would specifically include, among other acts, administering oxygen and bandaging for the purpose of stopping bleeding.
Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes, including a cash payment or reimbursement not to exceed a specified amount to a victim for expenses incurred in relocating, if the expenses are determined by law enforcement to be necessary for the personal safety of the victim or by a mental health treatment provider to be necessary for the emotional well-being of the victim. Existing law requires the board to be named as the recipient of funds upon expiration of the victim's rental agreement if a security deposit is required for relocation. This bill would authorize "expenses incurred in relocating" as described above to include a pet deposit and additional rent required if the victim has a pet. The bill would also require the board to be named as the recipient of funds upon expiration of the victim's rental agreement if a pet deposit is required for relocation. By expanding the authorization for use of continuously appropriated funds, this bill would make an appropriation. This bill would incorporate additional changes to Section 13957 of the Government Code proposed by AB 900, AB 1865, and AB 1939 to be operative only if this bill and any or all of those bills are enacted and this bill is enacted last.
The Dixon-Zenovich-Maddy California Arts Act of 1975 establishes the Arts Council, consisting of 11 appointed members. The act specifies the duties of the council, including providing for the exhibition of art works in public buildings throughout California. This bill would authorize the council to appoint peer review panels and would authorize members of those panels to, at the discretion of the council, receive a per diem, an honorarium, and reimbursement for expenses.
(1) The Uniform Parentage Act defines the parent and child relationship as the legal relationship existing between a child and the child's parents, and provides rebuttable presumptions as to the parentage of a child born under certain circumstances. The Uniform Act on Blood Tests to Determine Paternity provides the procedures for the use of genetic testing, as defined, to determine paternity. This bill would delete the name of the Uniform Act on Blood Tests to Determine Paternity and would revise and recast provisions relating to establishing a parent and child relationship to, among other things, refer instead to genetic testing and parentage. The bill would revise the presumptions and procedures for establishing and challenging parentage based on a genetic or nongenetic relationship with a child, including to modify the procedures for genetic testing for parentage. The bill would authorize the court to apply existing standards for awarding attorney's fees and costs in actions related to marriage and child custody and visitation to awarding fees and costs in actions related to determining a parent and child relationship. This bill would, beginning on January 1, 2020, modify the procedures and requirements under which a voluntary declaration of parentage may be established and challenged. (2) Existing law requires the State Department of Public Health to license and regulate tissue banks, which process, store, or distribute human tissue for transplantation into human beings. This bill would define gamete bank as a tissue bank that collects, processes, stores, or distributes gametes, including a facility that provides reproductive services. The bill would require a gamete bank licensed in this state, for gametes collected on or after January 1, 2020, to collect specified identifying information and medical information, as defined, from a gamete donor, to provide the gamete donor with specified information, and to obtain a declaration from the gamete donor regarding the disclosure or nondisclosure of his or her identity to a child that results from the donation, upon the child turning 18 years of age and requesting the information.
Existing law prohibits a person who has been convicted of a misdemeanor violation of specified animal cruelty provisions, within 5 years after the conviction, from owning, possessing, maintaining, having custody of, residing with, or caring for any animal. Existing law prohibits a person who has been convicted of a felony for animal cruelty or animal fighting, as specified, within 10 years after the conviction, from owning, possessing, maintaining, having custody of, residing with, or caring for any animal. This bill would clarify that an animal shelter administered by a public animal control agency or specified nonprofit entities and an animal rescue or animal adoption organization may ask an individual who is attempting to adopt an animal from that entity whether he or she is prohibited from owning or possessing an animal based on those prohibitions.
Existing law prohibits manufacturers and contract testing facilities from using traditional animal testing methods within this state when an appropriate alternative test method has been scientifically validated and recommended by the Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) or other specified agencies. This bill would make it unlawful for a manufacturer to import for profit, sell, or offer for sale in this state, any cosmetic, as defined, if the cosmetic was developed or manufactured using an animal test that was conducted or contracted by the manufacturer, or any supplier of the manufacturer, on or after January 1, 2020, except as specified. The bill would specify that a violation of its provisions is punishable by an initial fine of $5,000 and an additional fine of $1,000 for each day the violation continues, and may be enforced by the district attorney or city attorney in the county or city in which the violation occurred, as specified. The bill would not apply to a cosmetic in its final form or to an ingredient, if the cosmetic or ingredient was sold in California or tested on animals before January 1, 2020, as specified. The bill would authorize cosmetic inventory in violation of the bill's provisions to be sold for a period of 180 days. The bill would prohibit a county or political subdivision of the state from establishing or continuing any prohibition on or relating to animal tests that is not identical to the prohibitions in the bill and that does not include the exemptions contained in the bill.
(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law prohibits the taking of shark and swordfish for commercial purposes with drift gill nets except under a valid drift gill net shark and swordfish permit (DGN permit) issued to that person that has not been suspended or revoked and is issued to at least one person aboard the boat, except as provided. Existing law authorizes the Director of Fish and Wildlife to close the drift gill net shark and swordfish fishery if, after a public hearing, the director determines the action is necessary to protect the swordfish or thresher shark and mako shark resources and requires the director to reopen the fishery if he or she determines that the conditions that necessitated the closure no longer exist. Existing law authorizes a DGN permit to be transferred to another person under certain circumstances. Under existing law, a violation of these provisions is a crime. The California Ocean Protection Act creates the California Ocean Protection Trust Fund in the State Treasury and authorizes moneys deposited in the fund, upon appropriation by the Legislature, to be expended by the Ocean Protection Council for, among other things, grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that protect, conserve, and restore coastal waters and ocean ecosystems including through the acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. This bill would require the department by March 31, 2020, to establish a voluntary permit transition program that includes specified conditions, including a condition that a permittee who voluntarily surrenders his or her DGN permit and shark or swordfish gill net or nets receive, to the extent that funds for the transition program are available, a specified payment, as prescribed. The bill would require the department to enter into an agreement with a fiscal agent, as defined, for the fiscal agent to receive state and nonstate funds for purposes of the transition program and, upon receipt of adequate funds, to make the payment to a participating permittee. If the department enters into an agreement with a fiscal agent that is a state entity, the bill would continuously appropriate any funds received from nonstate sources to that state entity for purposes of the transition program. The bill would require the Ocean Protection Council to use $1 million of an appropriation made to it in the Budget Act of 2018 for whale and sea turtle entanglement to fund the transition program. The bill would require the department to notify the Legislature within 10 days of the date that the fiscal agent receives $1 million from nonstate sources and secures $1 million through an agreement with the Ocean Protection Council. The bill would require a DGN permit issued pursuant to these provisions to be surrendered or revoked as of January 31 of the 4th year following the department's notification to the Legislature. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program. The bill would, beginning March 31, 2019, prohibit the transfer of a DGN permit. The bill would provide that the provisions dealing with the drift gill net shark and swordfish fishery do not create or recognize a property right in fish expected to be caught using a DGN permit. (2) Existing law establishes a swordfish permit that authorizes a person holding that permit to take, possess aboard a boat, and land swordfish for commercial purposes using specified methods but not including use of a drift gill net. Existing law establishes a fee of $330 for a swordfish permit, as adjusted pursuant to the above-described index, but exempts the holder of a DGN permit from payment of that fee. This bill would also exempt any person who participates in the permit transition program established by the department from payment of the fee for a swordfish permit. (3) Existing law makes it unlawful to use fishing lines, including, but not limited to, troll lines and handlines more than 900 feet in length unless they are used as set lines, as specified. This bill would also exempt from this prohibition fishing lines more than 900 feet in length if they are used as part of deep-set buoy gear authorized under federal law. (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.
(1) Existing law, known commonly as the Property Assessed Clean Energy (PACE) program, authorizes a public agency, by making specified findings, to authorize public agency officials and property owners to enter into voluntary contractual assessments to finance the installation of distributed generation renewable energy sources or energy or water efficiency improvements that are permanently fixed to real property. Existing law, the California Financing Law (CFL) , requires a program administrator who administers a PACE program on behalf of, and with the written consent of, a public agency to comply with specified requirements relating to the PACE program, including requiring, commencing on January 1, 2019, a program administrator to be licensed by the Commissioner of Business Oversight under the California Financing Law. The CFL, commencing on January 1, 2019, requires a program administrator to establish and maintain a process for the enrollment, and for the cancellation of that enrollment, of a PACE solicitor and a PACE solicitor agent. The CFL defines the term "PACE solicitor" and "PACE solicitor agent" to not include specified persons. This bill would clarify that the term "PACE solicitor" and "PACE solicitor agent" does not include a person who only solicits a property owner to enter into an assessment contract with a person who is not considered a program administrator within the meaning of the CFL. The bill would prohibit a person from engaging in the business of a PACE solicitor unless that person is enrolled with a program administrator. The bill would also require the program administrator to maintain the processes described above in a manner that is acceptable to the commissioner. (2) The CFL requires a program administrator who administers a PACE program on behalf of, and with the written consent of, a public agency to comply with specified requirements relating to the PACE program, including requiring a program administrator to ensure criteria related to the assessment contract are satisfied before the contract is approved for recordation, including ensuring that the property owner has not been a party to any bankruptcy proceedings within the last 7 years and that the property owner is current on all mortgage debt on the subject property and has had no more than one late payment during the 12 months immediately preceding the application date, as provided. This bill would, instead, prohibit a program administrator from executing an assessment contract, and would prohibit any work from commencing under a home improvement contract that is financed by that assessment contract and would prohibit that home improvement contract from being executed, unless the program administrator ensures that certain criteria related to that assessment contract are satisfied. The bill would revise the two criteria described above to require the program administrator to ensure that the property owner has not been a party to any bankruptcy proceeding within the last 4 years and to require the program administrator to ensure that the property owner is current on all mortgage debt on the subject property and has had no more than one late payment during the 6 months immediately preceding the application date. (3) The CFL prohibits a program administrator from approving an assessment contract for funding and recording by a public agency unless the program administrator makes a reasonable good faith determination that the property owner has a reasonable ability to pay the PACE assessment, and requires that determination to include specified factors, including household income. Existing law requires a public agency that administers a voluntary contractual assessment program under the PACE program to, with respect to each real property subject to an assessment, record a document that contains specified information related to the assessment, including, the names of all current owners of the real property subject to the assessment. This bill would, instead, prohibit a program administrator from executing an assessment contract, and would prohibit any work from commencing under a home improvement contract that is financed by that assessment contract and would prohibit that home improvement contract from being executed, unless the program administrator makes a reasonable good faith determination that the property owner has a reasonable ability to pay the PACE assessment. The bill would authorize a program administrator when conducting this determination to utilize the income of a property owner's legal spouse through marriage or domestic partnership who is not on title to the property, provided that person consents, in writing, to that effect. The bill would also provide that if the property owner's legal spouse through marriage or domestic partner is used to determine the property owner's income in that manner, then the public agency that administers the PACE assessment is required to include that person's name in the document recorded related to that assessment described above. (4) The CFL requires the program administrator to be responsible for the difference between the determination of the property owner, who is obligated on the underlying home improvement contract, ability to pay the annual PACE obligations and the actual amount financed for the property owner, provided certain requirements are met. This bill would require the program administrator in that instance to provide to the property owner a written disclosure of the methodology that the program administrator used to determine whether there was a difference between the property owner's ability to pay the annual PACE obligation and the actual amount financed for the property owner. The bill would also provide that this requirement only applies to an assessment contract executed between April 1, 2018, and January 1, 2019. (5) The CFL requires a program administrator to submit to the commissioner information beneficial to evaluating various aspects of the PACE program to be included in a specified annual report, and requires the commissioner to file an annual report with the department as a public record that is a composite of the annual reports and any comments on that report that the commissioner determines to be in the public interest. The CFL requires a program administrator to report annually to the commissioner all PACE assessments that were funded and recorded. This bill would require the commissioner to include information on all PACE assessments that were funded and recorded into the annual composite report described above. (6) This bill would make other clarifying changes to the provisions of the CFL relating to program administrators, PACE solicitors, and PACE solicitor agents. (7) Existing law requires a program administrator to provide an oral confirmation of the key terms of an assessment contract with the property owner on the call, or his or her authorized representative, and to retain a copy of a recording of that confirmation for a period of 5 years after the recording is made. Existing law requires that oral confirmation to contain specified information. This bill would also require the program administrator to include in the oral conformation that it is the responsibility of the property owner to contact the property owner's home insurance provider to determine whether the efficiency improvement to be financed by the PACE assessment is covered by the property owner's insurance plan.