Existing law, the Bronzan-McCorquodale Act, contains provisions governing the operation and financing of community mental health services for the mentally disordered in every county through locally administered and locally controlled community mental health programs. Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. The MHSA also establishes the Mental Health Oversight and Accountability Commission and requires counties to engage in specified planning activities, including creating and updating a 3-year program and expenditure plan through a stakeholder process. This bill would establish the California Youth Mental Health Board (state board) within the California Health and Human Services Agency to advise the Governor and Legislature on the challenges facing youth with mental health needs and determine opportunities for improvement. The state board would be comprised of 15 members who are between 15 and 23 years of age, appointed as specified, at least half of whom are youth mental health consumers who are receiving, or have received, mental health services, or siblings or immediate family members of mental health consumers. The bill would specify the powers and duties of the state board, including reviewing program performance in the delivery of mental health and substance use disorder services for youth. This bill would require each community mental health service to have a local youth mental health board (board) , appointed as specified, consisting of members between 15 and 23 years of age, at least half of whom are, to the extent possible, mental health consumers who are receiving, or have received, mental health services, or siblings or close family members of mental health consumers and half of whom are, to the extent possible, enrolled in schools in the county. The bill would require the board, among other duties, to advise the county mental health programs, school districts, and other entities on issues relating to youth mental health and to review and advise on the procedures used to ensure youth involvement at all stages of the mental health planning process for the county's 3-year program and expenditure plan. The bill would require the board to be involved in the program and expenditure plan planning process. The bill would require the county to provide a budget for the board, as specified. By increasing the duties of local governments, this bill would impose a state-mandated local program. The bill would require the Mental Health Services Oversight and Accountability Commission, on or before December 30, 2024, and once every 5 years thereafter, to assess the extent to which the local youth boards have been established and to make recommendations on ways to strengthen the youth voice to support appropriate behavioral health services. 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 the statutory provisions noted above.
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Existing law requires the Department of Technology to improve the governance and implementation of information technology by standardizing reporting relationships, roles, and responsibilities for setting information technology priorities. Existing law requires the Public Utilities Commission to develop, implement, and administer the California Advanced Services Fund program to encourage deployment of high-quality advanced communications services to all Californians. Existing law provides that the goal of the program is to, no later than December 31, 2022, approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households, as provided. This bill would enact the Broadband for All Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law to support the 2022 Broadband for All Program that would be administered by the department for purposes of providing financial assistance for projects to deploy broadband infrastructure and broadband internet access services. The bill would provide for the submission of the bond act to the voters at the November 8, 2022, statewide general election.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge children to be dependents of the court under certain circumstances, including when the child suffered or there is a substantial risk that the child will suffer serious physical harm, or a parent fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law establishes the grounds for removal of a dependent child from the custody of their parents or guardian, and establishes procedures to determine temporary placement of a dependent child. Existing law generally governs the provision of child welfare services, which is defined to mean public social services that are directed toward the accomplishment of specified purposes, including protecting and promoting the welfare of all children and preventing the unnecessary separation of children from their families. This bill would, subject to an appropriation in the annual Budget Act, require the State Department of Social Services to establish a 3-year pilot program for the purpose of addressing racial disparities in the child welfare system in at least 5 counties, which shall be selected to participate on a voluntary basis in the pilot program according to criteria developed by the department. The bill would require a program that receives funding pursuant to these provisions to utilize a blind removal strategy when deciding whether a child should be removed from their parents' home, as specified. The bill would require the department to submit to the Legislature an evaluation of the pilot programs and their impact and effectiveness, including, but not be limited to, monitoring the program's effect on the rate of Black, Native American, and Latinx children who were removed.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of a decision of the lead agency made pursuant to CEQA. If an action or proceeding is brought seeking judicial review, CEQA establishes a procedure for the preparation of the record of proceedings upon the filing of an action or proceeding and requires the lead agency to prepare and certify the record of proceedings, but authorizes the plaintiff or petitioner to elect to prepare the record of proceedings. This bill, in an action or proceeding seeking judicial review under CEQA of certain actions taken by a city with a certain population or by a city and county before January 1, 2025, defined as a "housing element update project," would prohibit a court from enjoining, invalidating, voiding, setting aside, or issuing an order to suspend, invalidate, rescind, void, or set aside the decision for the housing element update project, except to the extent the court finds it necessary to avoid an imminent threat to public health and safety. The bill would require the lead agency to prepare the record of proceedings and would authorize the concurrent preparation of the record of proceedings.
Under existing law, except as specified, any person who receives an overpayment of unemployment compensation benefits is liable for the amount overpaid. Exceptions to liability include if the overpayment was not due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient, the overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience. Under existing law, if the Director of Employment Development finds that an individual has been overpaid unemployment compensation benefits because the individual, for the purpose of obtaining those benefits, either made a false statement or representation with actual knowledge of the falsity or withheld a material fact, then the director is required to assess against the individual an amount equal to 30% of the overpayment amount. Existing law requires 50% of the overpayment assessment amount to be deposited into the Unemployment Trust Fund and 50% into the Employment Development Department Benefit Audit Fund, both of which are continuously appropriated funds, and requires that all interest collected is deposited into the Employment Development Department Benefit Audit Fund. Existing law authorizes the director to take specified steps to recover overpayment of unemployment compensation benefits including, among others, initiating proceedings for a summary judgment against the liable person if the director finds that overpayment may not be waived due to specified circumstances. Existing law authorizes the director, not later than 3 years after the overpayment became final, to file with the clerk of the proper court in the county from which the overpayment of benefits was paid or in the county in which the claimant resides, a certificate containing specified provisions, including a statement of the amount due, including any assessment, plus interest from the date that the initial determination of overpayment was made. Existing law also authorizes the director to offset the amount of the overpayment received by the liable person against any amount of benefits to which the person becomes entitled within 6 years of notice of overpayment determination. This bill would modify the 30% penalty assessment to be a one-time penalty, to the extent required by federal law. The bill, with regard to the director's findings regarding overpayment, would additionally require the director to find that a false statement or representation, or the withholding of a material fact, was made with fraudulent intent. The bill would make conforming changes relating to the one-time penalty. The bill, with regard to summary judgment proceedings, would delete the authorization for interest on the amount of overpayment. The bill would authorize interest to be charged and collected on overpayments, to be calculated at a specified rate, if an individual has been charged an overpayment penalty for Pandemic Unemployment Assistance benefits. The bill would require revenues of that interest to be deposited 50% into the Unemployment Trust Fund and 50% into the Employment Development Department Benefit Audit Fund. Under the bill, the moneys in those funds attributable to those revenues would not be continuously appropriated and would only be available for expenditure upon appropriation by the Legislature. The bill would limit offsets as prescribed. The bill would require the director, to the extent authorized by applicable federal law, to waive any overpayment for which the director determines the person to whom the overpayment was made is not at fault. The bill would require the director to seek waivers of federal law for any overpayment recovery required by federal law for overpayment for which the director determines the person to whom the overpayment was made is not at fault. The bill would prohibit the director from commencing recovery of overpayments of unemployment compensation benefits until the termination of the declared COVID-19 state of emergency, as prescribed. The bill would require the Employment Development Department, commencing July 1, 2022, to post on its internet website prescribed information on overpayment and repayment for benefit payments for the period from March 1, 2020, to the date the department resumes eligibility determinations, until the repayment period for all overpayment notices to be included in the posted information has elapsed.
Existing law, commonly known as the Ellis Act, generally prohibits public entities from adopting any statute, ordinance, or regulation, or taking any administrative action, to compel the owner of residential real property to offer or to continue to offer accommodations, as defined, in the property for rent or lease. Existing law authorizes any public entity that has in effect any control or system of control on the price at which accommodations are offered for rent or lease to require by statute or ordinance, or by regulation, that the owner notify the entity of an intention to withdraw those accommodations from rent or lease, and to require that the notice contain specified statements. This bill would, when a public entity has a price control system in effect, prohibit an owner of accommodations from filing a notice with a public entity of an intent to withdraw accommodations or prosecuting an action to recover possession of accommodations, or threatening to do so, if not all the owners of the accommodations have been owners of record for at least 5 continuous years, with specified exceptions, or with respect to property that the owner acquired within 10 years after providing notice of an intent to withdraw accommodations at a different property. This bill would require an owner of accommodations notifying the public entity of an intention to withdraw accommodations from rent or lease, as provided, to identify each person or entity with an ownership interest in the accommodations, as provided. That information would be available for public inspection. The bill would prohibit an owner or any person or entity with an ownership interest from acting in concert with a coowner, successor owner, prospective owner, agent, employee, or assignee to circumvent these provisions. The bill would provide specified, nonexclusive remedies for a violation. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency and makes the department responsible for administering various housing programs throughout the state, including, among others, the Multifamily Housing Program, the Housing for a Healthy California Program, and the California Emergency Solutions Grants Program. This bill would establish the Reentry Housing and Workforce Development Program. The bill would require the department, on or before July 1, 2022, to take specified actions to, upon appropriation by the Legislature, provide grants to applicants, as defined, for innovative or evidence-based housing, housing-based services, and employment interventions to allow people with recent histories of incarceration to exit homelessness and remain stably housed. The bill would require the department to establish a process, in collaboration with the Department of Corrections and Rehabilitation and with counties in which recipients are operating, for referral of participants, in accordance with certain guidelines and procedures. The bill would require the department to score applicants to the program competitively according to specified criteria. The bill would require recipients of funds from the program to use those funds for, among other things, long-term rental assistance in permanent housing, incentives to landlords, and innovative or evidence-based services to assist participants in accessing permanent supportive housing. The bill would require the department to distribute funds allocated by executing contracts with awarded entities for a term of 5 years, subject to automatic renewal. The bill would require a recipient of the program to submit an annual report to the department. The bill would require the department to hire an independent evaluator to assess outcomes from the program and would require the department to submit that analysis to specified committees of the Legislature.
Existing law establishes the California Violence Intervention and Prevention (CalVIP) Grant Program, administered by the Board of State and Community Corrections, to award competitive grants for the purpose of violence intervention and prevention. Existing law imposes various taxes, including taxes on the privilege of engaging in certain activities. The Fee Collection Procedures Law, the violation of which is a crime, provides procedures for the collection of certain fees and surcharges. This bill, the Gun Violence Prevention, Healing, and Recovery Act, would, commencing July 1, 2023, and subject to an appropriation as specified, impose an excise tax in the amount of 10% of the sales price of a handgun and 11% of the sales price of a long gun, rifle, firearm precursor part, and ammunition, as specified. The tax would be collected by the state pursuant to the Fee Collection Procedures Law. The bill would require that the revenues collected be deposited in the Gun Violence Prevention, Healing, and Recovery Fund, which the bill would establish in the State Treasury. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. Because this bill would expand the scope of the Fee Collection Procedures Law, the violation of which is a 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. This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. Existing law requires every electric utility, defined to include electrical corporations, local publicly owned electric utilities, and electrical cooperatives, to develop a standard contract or tariff for net energy metering, as defined, for generation by a renewable electrical generation facility, as defined, and to make this contract or tariff available to eligible customer-generators, as defined, upon request on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer generators exceeds 5% of the electric utility's aggregate customer peak demand. For a large electrical corporation, as defined, existing law requires the commission to have developed a 2nd standard contract or tariff to provide net energy metering to additional eligible customer-generators in the electrical corporation's service territory and imposes no limitation on the number of new eligible customer-generators entitled to receive service pursuant to this 2nd standard contract or tariff. Existing law requires the commission to ensure that the 2nd standard contract or tariff made available to eligible customer-generators by large electrical corporations ensures that customer-sited renewable distributed generation continues to grow sustainably. Existing law requires the commission, in developing this standard contract or tariff, to include specific alternatives designed for growth among residential customers in disadvantaged communities. This bill would require the commission, no later than August 1, 2022, to develop a replacement for the 2nd standard contract or tariff, which may include net energy metering, for an eligible customer-generator with a renewable electrical generation facility that is a customer of a large electrical corporation, and would require that large electrical corporations offer the standard contract or tariff to eligible customer-generators beginning no later than December 31, 2023. The bill would eliminate the requirement that the large electrical corporation tariff or contract ensure that customer-sited renewable distributed generation continues to grow sustainably. The bill would require that a customer-generator of a large electrical corporation that receives service pursuant to the existing statutory net energy metering tariffs be transferred to the replacement tariff no later than 10 years from the date that customer first received service pursuant to those tariffs, except as specified. If the commission fails to adopt a replacement net energy metering tariff for large electrical corporations by August 1, 2022, this bill would require the commission to develop a successor net energy metering tariff for large electrical corporations, to take effect no later than December 31, 2023, that does specified things, including having interconnection fees and monthly fixed charges based on the cost to interconnect and serve the eligible customer-generator and crediting the eligible customer-generator for any electricity exported to the electrical grid at a rate equal to the electrical corporation's avoided cost. The bill would require that an eligible customer-generator of a large electrical corporation that receives service pursuant to the existing statutory net energy metering tariffs be transferred to the successor tariff no later than 10 years from the date that customer first received service pursuant to those existing tariffs, except as specified. Existing law requires the PUC to submit various reports to the Legislature, as specified. This bill would require the PUC to annually report to the Legislature, by June 30, on progress made to grow use of distributed energy resources among residential customers in disadvantaged communities. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain provisions of the bill would require an order, decision, rule, direction, demand, or requirement of the commission to implement, this bill would impose a state-mandated local program by creating new crimes. 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 California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018, approved by the voters as Proposition 68 at the June 5, 2018, statewide primary direct election, authorizes the issuance of bonds in the amount of $4,100,000,000 pursuant to the State General Obligation Bond Law to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Article XVI of the California Constitution requires measures authorizing general obligation bonds to specify the single object or work to be funded by the bonds and further requires a bond act to be approved by a 23 vote of each house of the Legislature and a majority of the voters. This bill would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2022, which, if approved by the voters, would authorize the issuance of bonds in the amount of $7,080,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. This bill would provide for the submission of these provisions to the voters at the June 7, 2022, statewide primary election. This bill would declare that it is to take effect immediately as an urgency statute.