Existing law requires the Department of Personnel Administration to establish and adjust salary ranges for each class of position in the state civil service, subject to specified merit limits. Existing law requires the salary range to be based on the principle that like salaries shall be paid for comparable duties and responsibilities. Existing law allows the state to enter into memoranda of understanding relating to employer-employee relations with employee organizations representing certain state employees. This bill would make findings and declarations regarding the budget deficit facing the state. The bill would, until January 1, 2012, prohibit a person employed by the state whose base salary on or after the effective date of the bill is greater than $150,000 per year from receiving a salary increase while employed in the same position or classification, and from receiving payment for overtime work. The bill would exempt from this prohibition a person whose compensation is governed by an operative memorandum of understanding, as described above, a person who has been exempted by executive order of the Governor, as specified, and a person whose salary is set pursuant to the California Constitution.
Sponsored bills
The Budget Act of 2008 appropriates $136,275,000 for construction of the Condemned Inmate Complex at San Quentin State Prison. A prior appropriation in the Budget Act of 2003 appropriated $220,000,000 for this construction and the balance was reappropriated in the Budget Act of 2008. This bill would eliminate both appropriations and the reappropriation, to the extent these funds have not been expended.
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 levels in 1990 to be achieved by 2020. The act requires the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. The act authorizes the state board to include the use of market-based compliance mechanisms. The act authorizes the state board to adopt a schedule of fees to be paid by the sources of greenhouse gas emissions regulated pursuant to the act, and requires the revenues collected pursuant to that fee to be deposited into the Air Pollution Control Fund and be available, upon appropriation by the Legislature, for purposes of carrying out the act. This bill would provide that revenues generated from fees to fund expenditures beyond the administrative costs of implementing the act, revenues generated as a result of the implementation of market-based compliance mechanisms, or revenues generated from compliance mechanism, as defined, shall be appropriated by the Legislature in furtherance of the act for purposes determined by the Legislature.
Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. Under existing law, IHSS recipients who are eligible for the Medi-Cal program are provided with personal care option services, as defined, in lieu of receiving these services under the IHSS program. Existing law, enacted in 2009, makes various statutory changes with respect to the provision of in-home supportive services, relating to matters, including, but not limited to, provider enrollment procedures, criminal background checks, orientation, and duties, as well as eligibility standards for recipients, unannounced home visits, and program integrity and fraud prevention. This bill would make the operation of the statutory changes described above subject to a stakeholder process, to be conducted, as specified, by the State Department of Social Services, prior to the implementation of those changes. The bill would require implementation of any of the statutory changes described in the bill to occur either on the date specified in an applicable statute, or 60 days after the department notifies the Joint Legislative Budget Committee that the changes may be implemented, whichever is later. This bill would prohibit information notices relating to the implementation of these statutory changes from being sent to recipients or providers until the stakeholder process is completed. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Knox‑Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law also provides for the regulation of health insurers by the Department of Insurance. Under existing law, health care service plan contracts and health insurance policies that include coverage for the treatment or surgery of cervical cancer are deemed to provide coverage for an annual cervical cancer screening test, upon the referral of the patient's physician and surgeon, nurse practitioner, or certified nurse midwife, as specified. This bill would make those provisions apply if the referral is made by a physician assistant, as specified. In addition, the bill would require those plan contracts and insurance policies to provide coverage for a human papillomavirus vaccination, as specified. Because a willful violation of the bill's requirements by a health care service plan 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.
Under existing law, a person who is a voter or is qualified to register to vote in this state may circulate an initiative or referendum petition, and a person who is a voter may circulate a recall petition. This bill would provide that it is a misdemeanor for a person to pay or to receive money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition and would prescribe penalties for doing so. By creating a new 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 requires that the proponents of an initiative measure submit a draft of the measure to the Attorney General for preparation of a summary of its chief purposes and points. Under existing law, the proponents are required to also submit at that time a $200 fee that is held in trust and refunded to the proponents if the measure qualifies for the ballot within a specified time period, but the fee is paid to the General Fund if the measure fails to qualify. This bill would instead require that a new fee from $500 in 2010 to $2,000 in 2016 be paid in lieu of current fees. The bill would require the fee to be refunded if the measure qualifies for the ballot within 2 years and to be deposited into the General Fund if it does not qualify, to be used to reimburse the Attorney General for the costs of preparing the title and summary of proposed initiative measures. The bill would require in 2018 that the Attorney General biennially review the fee and increase it in accordance with an increase in the California Consumer Price Index.
The California Lighting Efficiency and Toxics Reduction Act prohibits, on and after January 1, 2010, except for certain specified circumstances, a person from manufacturing, selling, or offering for sale in the state specified general purpose lights that contain levels of hazardous substances prohibited by the European Union pursuant to the RoHS Directive, as specified. This bill, on and after January 1, 2011, would prohibit the sale or offering for sale in this state of luminaires and lighting fixtures that are intended for general lighting purposes and contain preheat ballasts for operation of preheat linear fluorescent lamps. The California Integrated Waste Management Act of 1989, administered by the California Integrated Waste Management Board, requires reduction, recycling, and reuse of solid waste generated in the state to the maximum extent feasible in an efficient, cost-effective manner to conserve water, energy, and other natural resources. This bill would prohibit the distribution of moneys from energy efficiency investment funds or any other funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity to any manufacturer for the purchase and distribution of compact fluorescent lamps, unless the compact fluorescent lamps meet certain specifications, and the manufacturer of the compact fluorescent lamps, individually, collectively with other manufacturers, or through a stewardship organization, has implemented a residential fluorescent lamp recycling program for each residential fluorescent lamp, as defined, sold by retailers selling the manufacturer's subsidized lamps. The bill would prohibit the distribution of moneys from funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity to a retailer, except moneys provided to a retailer through a manufacturer, unless the retailer has agreed to provide the public an in-store collection opportunity for the recycling of residential fluorescent lamps. The bill would prohibit manufacturers and retailers from using funds generated from usage-based charges on electricity distribution that are provided by California's retail sellers of electricity for recycling activities. The bill would require the manufacturers of residential fluorescent lamps sold in this state, individually, collectively with other manufacturers, or through a stewardship organization, to establish and maintain a residential fluorescent lamp recycling program containing specified elements within 90 days of receiving the funds generated from usage-based charges. The bill would require a manufacturer, individually, collectively with other manufacturers, or through a stewardship organization, to submit an annual report on the implementation of the residential fluorescent lamp recycling program. The bill would require the board to establish an administrative fee, not to exceed $5,000 per manufacturer and bearing a reasonable relationship to actual costs, to be paid by the manufacturers to cover the cost of reviewing and approving the annual report and of oversight and enforcement of the program.
Existing law requires the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy conservation and water efficiency standards for new residential and nonresidential buildings to reduce wasteful, uneconomic, inefficient, or unnecessary consumption of energy. The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval or adoption. Existing law requires the commission to adopt, approve, codify, update, and publish green building standards for any occupancy for which no state agency has the authority or expertise to propose those standards. This bill would require the commission or any state agency proposing green building standards to seek the input of other state agencies and consult with representatives from specified groups, as prescribed. The bill would require any agency providing input to recommend to the commission or proposing agency whether the standard should be voluntary or mandatory. The bill would also authorize the State Energy Resources Conservation and Development Commission to develop and adopt voluntary energy efficiency standards, as described.
(1) Existing law requires the Department of Toxic Substances Control to adopt regulations to prohibit an electronic device from being sold or offered for sale in this state if the electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture, due to the presence of certain heavy metals. Existing law requires these regulations to take effect January 1, 2007, or on or after the date that the Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003 (Directive 2002/95/EC) , takes effect, whichever date is later. Existing law defines the term "electronic device," for purposes of those provisions, to have the same meaning, with reference to the Electronic Waste Recycling Act of 2003, as "covered electronic device" which is defined as a video display device that is identified by the department, pursuant to specified regulations, as a presumed hazardous waste when discarded. A violation of the hazardous waste control laws, including a regulation adopted pursuant to those laws, is a crime. This bill would require a manufacturer of an electronic device, at the request of the department, based on the department's reasonable cause, as the bill would define that term, to believe that a specific electronic device identified by the department is prohibited from sale, to prepare and submit to the department within 28 days of receipt of the request, documentation or other information typically maintained by the manufacturer's industry under Directive 2002/95/EC, showing that the electronic device specifically identified by the department and sold or offered for sale by that manufacturer is not prohibited from sale. The bill would authorize the department to extend the 28-day response time at the request of the manufacturer. The bill would require the department to treat as confidential any information that is a trade secret, as defined, that is provided to the department pursuant to the bill's requirements, and that is identified as a trade secret at the time of submission, in the same manner as the procedures adopted by the department with regard to hazardous waste handling and disposal. The department would be required to make available, pursuant to the California Public Records Act, any information that is not a trade secret or that is not identified as a trade secret. Because a violation of the bill's requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. (2) 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.