"?>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. CEQA also generally 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 provides some exemptions from its requirements. This bill would allow an applicant for a project and the lead agency, at the time of application, to opt to resolve all disputes arising out of a subsequent environmental impact report for that project before an arbitrator, in lieu of retaining the option to file an action or proceeding arising out of those disputes before a court. If an applicant and the lead agency opt to do so, the bill would require the applicant and the lead agency to agree to an arbitrator.
Sponsored bills
Existing law imposes various duties on the county welfare department at any hearing to terminate jurisdiction over a dependent child who has reached the age of majority. Among other duties, the county must submit a report verifying that certain information, documents, and services have been provided to the child including written information concerning the child's dependency case that includes any known information regarding the child's Indian heritage or tribal connections, if applicable, his or her family history and placement history, and any photographs of the child or his or her family in the possession of the department, except as specified. The documents provided must also include a letter prepared by the county welfare department that includes specified information regarding the child, including the dates the child was within the jurisdiction of the juvenile court, and, if applicable, a social security card, a certified birth certificate, a health and education summary, an identification card, a death certificate of parent or parents, and proof of citizenship or residence. The court is authorized to continue jurisdiction if it finds that the county welfare department has not met these requirements and that termination of jurisdiction would be harmful to the best interests of the child. This bill would require the county welfare department to fulfill these duties at the court hearing closest to and before a dependent child's 18th birthday, or at the hearing to terminate jurisdiction over a dependent child who has reached the age of majority, whichever is earlier. The bill would additionally require that the report verifying the information, documents, and services provided to the child include the date when the child entered the jurisdiction of the juvenile court and the date when that jurisdiction is expected to terminate, all addresses of residency while under the jurisdiction of the juvenile court, a voter registration form, and, if applicable, a United States Selective Service registration form. The bill would require the county welfare department to screen the child and file for the federal Supplemental Security Income (SSI) program, if the child is likely to be eligible for benefits, and to ensure that the child has received a consumer credit report, as specified. The bill would require the court to continue jurisdiction if it finds that the county welfare department has not provided to the child the information, documents, and services described above, unless the child no longer wishes to be a dependent of the court. By imposing additional duties on local employees, 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 these statutory provisions.
Existing law makes it a crime to carry a firearm in public while masked, and provides various exceptions to this requirement. This bill would make a technical, nonsubstantive change to provisions making these exceptions.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations. The existing Public Utilities Act prohibits any electrical corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the commission a certificate that the present or future public convenience and necessity require or will require that construction (certificate of public convenience and necessity) . The act requires that an electrical corporation proposing to construct an electrical transmission line to the northwestern United States provide the commission with sufficient reliable information to enable the commission to determine that the proposed line, at rates expected to prevail over the useful life of the line, will be cost effective and prohibits the commission from issuing a certificate of public convenience and necessity unless it is satisfied that the electrical corporation has provided the required information. This bill would prohibit an electrical corporation from reconstructing an electrical transmission line that runs through a residential community so that the towers supporting the lines are increased in height by more than 33%, unless the commission determines that (1) reconstructing the electrical transmission line is needed and no reasonable alternative exists to reconstruction, (2) the electrical corporation has undertaken, and will continue to undertake, all reasonable means to eliminate or mitigate risks to the public safety resulting from the reconstruction, and (3) the electrical corporation has agreed to provide just compensation to all residential landowners near the transmission line to compensate them for any reduction in the value of their property resulting from the reconstruction. 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 Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit in an amount equal to 50% of specified adoption costs, not to exceed $2,500 per minor child who is a citizen or legal resident of the United States and who is in the custody of a public agency in this state. This bill would, for taxable years beginning on or after January 1, 2010, and before January 1, 2015, increase the credit limitation to a maximum of $5,000 with respect to the adoption of a minor child, as described, who is over 12 years of age or who was living in a group home or residential treatment facility, as defined, for a period of at least 6 months within 18 months prior to the time the adoption is completed. This bill would take effect immediately as a tax levy.
The California State Lottery Act of 1984, enacted by initiative, authorizes a California State Lottery and provides for its operation and administration by the California State Lottery Commission and the Director of the California State Lottery, with certain limitations. The act requires that not less than 84% of the total annual revenues from the sale of state lottery tickets be returned to the public in the form of prizes and net revenues to benefit public education, and that no more than 16% of the total annual revenues be used for the payment of expenses of the lottery. The act provides that expenses of the lottery include all costs incurred in the operation and administration of the lottery and all costs resulting from any contracts entered into for the purchase or lease of goods and services required by the lottery. This bill would make legislative findings regarding the proposed construction of a new lottery complex estimated to cost $185,000,000. The bill would prohibit the commission from proceeding with the construction of the California State Lottery Complex project, or any similar project, and would authorize the use of up to $40,000,000 for the renovation of any existing building used by the commission for lottery operations. The bill would require the commission to allocate for the benefit of public education the difference between $185,000,000 and the amount expended for renovation pursuant to these provisions. The bill would require that administrative funds saved by the imposition of any salary reductions on lottery employees be used only for providing services or benefits for those lottery employees, or for advertising or other marketing activities. The California State Lottery Act of 1984, an initiative measure, specifies that none of its provisions may be changed except to further its purpose by a bill passed by a 23 vote of each house of the Legislature and signed by the Governor. This bill would declare that it furthers the purpose of the act and would require a 23 vote. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the Director of General Services to execute specified agreements relating to real property belonging to the state on behalf of the state. This bill would authorize the director to lease real property adjacent to the California Institute for Men at Chino to a private or public entity under terms he or she deems are in the best interest of the state, and require, notwithstanding other law, any moneys paid to the state as a result of a lease to be deposited in the General Fund.
Existing law requires the State Air Resources Board to adopt procedures for determining the compliance of any system designed for the control of gasoline vapor emissions during gasoline marketing operations, including storage and transfer operations, and additional performance standards to ensure that systems for the control of gasoline vapors from motor vehicle fueling operations do not cause excessive spillage and emissions. Existing law prohibits the state board from requiring a gasoline dispensing facility that meets certain requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2011. Regulations adopted by the state board require an Enhanced Vapor Recovery Phase II upgrade by April 1, 2009, as provided. This bill would prohibit the state board from requiring a gasoline dispensing facility owned or operated by a local government that does not meet these requirements from undergoing an Enhanced Vapor Recovery Phase II upgrade until April 1, 2010. This bill would declare that it is to take effect immediately as an urgency statute.
The California Global Warming Solutions Act of 2006 requires the State Air Resources 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 level 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 to evaluate the total potential costs and total potential economic and noneconomic benefits of the plan. 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 require the state board to complete a study to reevaluate the evaluation of costs discussed above, and provide this study to the Legislature by October 1, 2009. The state board would be required to report to the Legislature by November 1, 2009, on whether the revised analysis has led, or will lead, to any changes to the scoping plan, and whether any changes should be made to the act's timelines. The bill would require the Legislative Analyst to review the state board's implementation of these requirements, as provided. This bill would declare that it is to take effect immediately as an urgency statute.
Under existing law, upon timely application, any person who has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both, may intervene in the action or proceeding. An intervention takes place when a 3rd person is permitted to become a party to an action or proceeding between other persons, as specified. This bill would provide that the proponent, as defined, of a state initiative statute or constitutional amendment that has been approved by the voters shall have the right to intervene and participate in any court action challenging the constitutionality of that initiative statute or constitutional amendment.