Asm. Miguel Santiago

The Personal Income Tax Law and California Constitution impose taxes based upon taxable income of individuals, estates, and trusts at specified rates. This bill, for taxable years beginning on or after January 1, 2021, in addition to those taxes, would impose an additional tax of at the rates of 1%, 3%, and 3.5% on that portion of a taxpayer's taxable income over specified thresholds, as provided. 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 XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.

Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for the work. Existing law authorizes the governing board of a school district to provide a comprehensive educational counseling program for all pupils enrolled in the school district. This bill would establish the California Student Success Coach Grant Program to award competitive grants to local- and state-operated AmeriCorps programs to support and expand the presence of student success coaches, as defined, in high-need schools, as defined. The bill would make implementation of the grant program contingent on an appropriation being made for its purposes by the Legislature in the annual Budget Act or another statute.

Existing law provides for officers and employees of the state to receive travel expenses when away from their headquarters for state business. This bill would state the intent of the Legislature to enact legislation that would prohibit state-sponsored travel to any state that enacts any law that limits or reduces access to voting.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law includes legislative findings that public utilities have dedicated a portion of their utility pole support structures to cable television corporations for pole attachments and declares that the provision by public utilities of surplus space and excess capacity for those pole attachments is a public utility service delivered by public utilities to cable television corporations and is in the interests of the people of California. Under existing law, whenever a public utility and a cable television corporation or association of cable television corporations are unable to agree upon the terms, conditions, or annual compensation for pole attachments, or for creating surplus space and excess capacity for pole attachments, the commission is required to establish and enforce the rates, terms, and conditions for those pole attachments and capacity enhancements so as to assure the public utility the recovery of specified funds. This bill would require a public utility that receives a request for pole attachment from a cable television corporation to notify the cable television corporation, as soon as possible, but by no later than 10 days after receipt of the request, of any additional information needed to respond to the request. The bill would require the public utility to notify the cable television corporation, as soon as possible, but by no later than 45 days after receipt of the request, if the attachment request is accepted or denied. If the request is denied, the bill would require the public utility to state all of the reasons for the denial and the remedy to gain access to the pole for attachment. If the request is accepted, the bill would require the public utility to include a cost estimate, based on actual cost, for any necessary make-ready work required to accommodate the requested attachment. If the public utility determines that a pole replacement is necessary, the bill would authorize the public utility and the cable television corporation to negotiate terms and conditions for the requested attachment and if the public utility is an electrical corporation, would authorize the electrical corporation to recover the cost of the pole replacement in a general rate case or, if applicable, a wildfire mitigation plan approval proceeding. 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 the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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 federal Telecommunications Act of 1996 establishes a program for the regulation of telecommunications to attain the goal of local competition, while implementing specific, predictable, and sufficient federal and state mechanisms to preserve and advance universal service, consistent with certain universal service principles. The universal service principles include the principle that consumers in all regions of the nation, including low-income consumers and those in rural, insular, and high-cost areas, should have access to telecommunications and information services, including interexchange services and advanced telecommunications and information services, that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services in urban areas. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law, the Moore Universal Telephone Service Act, established the Universal Lifeline Telephone Service (ULTS) program to ensure lifeline telephone service is available to the people of the state. In carrying out the ULTS program, existing law requires the commission to designate annually a class of lifeline service necessary to meet minimum residential communications needs, to set the rates and charges for that service, to develop eligibility criteria for that service, and to assess the degree of achievement of universal service. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) program to encourage deployment of high-quality advanced communications services to all Californians. Existing law provides that the goal of the CASF 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. Existing law establishes, among other funds related to telecommunications, the Universal Lifeline Telephone Service Trust Administrative Committee Fund and the CASF in the State Treasury, and requires that moneys in the funds are held in trust and may be expended only to accomplish specified universal service programs, upon appropriation in the annual Budget Act or upon supplemental appropriation. This bill would establish the California Connect Fund in the State Treasury, subject to the conditions and restrictions applicable to the existing universal service funds described above. The bill would, until January 1, 2031, require the commission to develop, implement, and administer the California Connect Program to ensure that high-speed broadband service is available to every household in the state at affordable rates. The bill would require the commission, on or before January 1, 2023, to adopt rules to implement the program, including rules that establish eligibility criteria for the program and the amount of, and requirements for, subsidies under the program. The bill would require the commission to perform outreach to increase program participation, to coordinate with relevant state agencies and departments to increase program participation and increase the efficacy of enrollment, and to collect data on existing affordable internet service plans that may meet program criteria. The bill would require the commission to annually report to the Legislature on the status of the program, including its success and any recommendations for modifications to the program, as provided. Existing law, the Emergency Telephone Users Surcharge Act, imposes a surcharge on each telecommunications access line for each month or part thereof for which a service user subscribes with a service supplier in an amount determined by the Office of Emergency Services, as specified. This bill would require the commission to ensure that each service supplier remits to the commission revenues from a monthly surcharge not to exceed $0.23 per month per access line for deposit into the California Connect Fund. 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 XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. 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 a violation of a commission action implementing this bill's requirements would be a crime, 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 prohibits a person from selling a plastic product that is labeled as "compostable" or "home compostable" unless, at the time of sale, the plastic product meets the applicable ASTM standard specification for plastics designed to be aerobically composted in municipal or industrial facilities or the OK compost HOME certification. Existing law exempts from that prohibition those plastic products that meet a subsequently revised or different standard specification adopted by the department under specified conditions, or if the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law authorizes the department to otherwise make a recommendation to the Legislature if ASTM International, or any other entity, develops a new standard specification or other applicable standard for either of the terms "compostable" or "home compostable" and the department determines that the new standard for the use of the term, when compared to the current ASTM standard in effect, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs. This bill would prohibit a person from selling a plastic product that is labeled with the term "industrially compostable" unless, at the time of sale, the plastic product meets the applicable ASTM standard specification for plastics designed to be aerobically composted in municipal or industrial facilities, and would specify that the labeling prohibition for "compostable" or "home compostable" applies unless, at the time of sale, the plastic product has the OK compost HOME certification. The bill would additionally exempt a plastic product labeled with the term "industrially compostable," "compostable," or "home compostable" from the prohibition on using those terms if the plastic product meets another specification adopted by the department that is adopted or developed by ASTM International or a similar existing standards body, as provided.

Existing law makes any person who is 18 years of age or older, a citizen of the state, a resident of the school district, a registered voter, and not disqualified from holding a civil office, eligible to be elected or appointed a member of a governing board of a school district, as provided. Existing law prohibits a person from holding a civil office if, at the time of election or appointment, the person is not 18 years of age and a citizen of the state, as defined. This bill would authorize the governing board of a school district to order the inclusion within the membership of the governing board of one or more nonvoting noncitizens who reside within the jurisdictional boundary of the school district and who are the parents or legal guardians of undocumented pupils who are enrolled in the school district.

Existing law authorizes a court to notify the Department of Motor Vehicles when a person has violated a written promise to appear on specified traffic allegations. Depending on the class of offense that prompts the notification from a court, existing law requires the department, upon receipt of the notification, to suspend the person's driver's license if specified conditions are met, such as a prior notification for a violation of a written promise to appear or when the license is already suspended. If a court has notified the department of a violation of a promise to appear, and the person subsequently appears and resolves the allegation, existing law requires the court to notify the department. Under existing law, a suspension continues until a person's driving record shows no violation of a written promise to appear. This bill would limit the department's authority to suspend a driver's license under the above provisions for a failure to appear to only those alleged violations that are a misdemeanor, other than an alleged violation for a failure to appear, or any felony. Existing law prohibits a person from driving a motor vehicle upon a highway, unless the person then holds a valid driver's license, or is expressly exempted from that prohibition. Under existing law, a violation of this prohibition constitutes a misdemeanor. This bill would make it an infraction, rather than a misdemeanor, to drive without a license for a first and 2nd violation, if the person has no prior suspensions or revocations of their driver's license for specified offenses. The bill would make driving without a license either an infraction or a misdemeanor if a person has a prior suspension or revocation, as specified, or for a 3rd or subsequent violation.

Existing law requires the California Postsecondary Education Commission to conduct a comprehensive study of the part-time faculty, employment, salary, and compensation patterns, as specified, of the California Community Colleges. Existing law requires, as part of the study, an examination of whether part-time faculty salaries vary among community colleges and factors associated with any salary differential. Existing law requires the commission, in conducting the study, to consult various representatives from the education community, including the Board of Governors of the California Community Colleges, community college faculty groups, and other interested parties. This bill would instead require the California Community Colleges Chancellor's Office to conduct a comprehensive study of part-time faculty as specified, to be completed by July 1, 2023. The bill would also require, as part of the study, the chancellor's office to collect and report part-time faculty parity data from each community college district, and would require that data to be reported on the public internet website for each community college district and the public internet website for the chancellor's office by July 1, 2022. The bill would require the study to identify specific policy and fiscal recommendations that would enable the California Community Colleges to achieve a compensation schedule that achieves pay equity for part-time faculty by January 1, 2027. The bill would also require the chancellor's office, in conducting the study, to convene a working group including representatives of community college faculty unions, and consult various representatives of the education community as specified, for the purpose of identifying a statewide definition of part-time faculty parity that could be applied locally. The bill would also delete an obsolete reporting requirement. By imposing new duties on community college districts, 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, 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.

(1) Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to themselves, or is gravely disabled, the person may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. The act also authorizes a conservator of the person, of the estate, or of both, to be appointed for a person who is gravely disabled as a result of a mental health disorder. For these purposes, existing law defines "gravely disabled" to mean either a condition in which a person, as a result of a mental health disorder or chronic alcoholism, is unable to provide for the person's basic personal needs for food, clothing, or shelter, or a condition in which a person has been found mentally incompetent, as specified. This bill would expand the definition of "gravely disabled" for these purposes to also include a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for medical treatment, as defined, if the failure to receive medical treatment is either for an existing life-threatening medical condition or the person is in imminent danger of physical injury or life-threatening medical condition and there is a substantial and imminent risk, in either instance, of either death or prolonged hospitalization. By expanding the definition of "gravely disabled" and thereby increasing the duties of local agencies, this bill would impose a state-mandated local program. This bill, on or before July 1, 2023, would require the State Department of State Hospitals to create a model discharge plan for counties and hospitals to follow when discharging those held under temporary holds or conservatorship. The bill would require county mental health departments to collaborate with facilities and hospitals to develop, implement, and adhere to an adequate discharge plan that ensures continuity of services and care in the community for all individuals exiting holds or conservatorship and to implement that plan across the entire network of acute and subacute facilities on or before February 1, 2024. The bill would require the county discharge plan to require that an individual exiting a temporary hold or a conservatorship be provided with a detailed treatment plan that includes a scheduled first appointment with their referred service provider. By placing additional duties on counties, this bill would impose a state-mandated local program. This bill would prohibit a county from discharging an individual from a hold unless the first followup appointment, made in conformance to the detailed treatment plan, is scheduled and the appointment information has been provided to the individual. The bill would also require a facility discharging a conservatee to establish a detailed treatment plan, schedule the first followup appointment, and provide the individual with the appointment information. The bill would require a service provider to whom a person released from hold or a conservatorship is referred for services to make a good faith effort to contact the referred individual no less than 3 times, either by email, telephone, mail, or in-person outreach. (2) 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 established the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. This bill, to the extent permitted under state and federal law and consistent with the Mental Health Services Act and for the purposes of the above-mentioned provisions of the Lanterman-Petris-Short Act, would clarify that counties may pay for the services authorized in those provisions using funds from the Mental Health Services Fund when included in county plans, as specified, and would also authorize counties to pay for those services with specified funds from the Local Revenue Fund and the Local Revenue Fund 2011. The bill would require the State Department of Health Care Services to, on or before July 1, 2022, issue guidance specifying which services authorized under the Lanterman-Petris-Short Act may be paid by counties with funds from the Mental Health Services Fund. This bill would require the commission to develop, implement, and oversee a public and comprehensive framework for tracking and reporting spending on mental health programs and services from all major fund sources and of program- and service-level and statewide outcome data, as specified. The bill would require counties to report to the commission its expenses in specific categories, including, but not limited to, inpatient care or intensive outpatient services, as well as their unspent funding from all major funding sources. By imposing new reporting requirements on counties, this bill would impose a state-mandated local program. (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, 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.