Asm. Al Muratsuchi

This measure would recognize September 2020 as Sickle Cell Disease Awareness Month and encourage the Legislature to appropriate funds for research, treatment, and monitoring of sickle cell disease, and for related education and outreach.

This measure would urge specified state departments and the Attorney General to use their authority to ensure that health care service plans and health insurers subject to their authority comply with the federal Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008.

Existing law authorizes the State Lands Commission to let leases for the extraction and removal of oil and gas deposits from state lands, including tidelands or submerged lands, in accordance with specified provisions of law. Existing law vests exclusive jurisdiction over ungranted tidelands and submerged lands owned by the state to the State Lands Commission. Existing law confers the powers of the State Lands Commission as to leasing or granting of rights or privileges to lands owned by the state upon a local trustee of granted public trust lands to which those lands have been granted. This bill, notwithstanding the leasing authority described above or any other law, and to the extent not prohibited by federal law, would prohibit any state agency, department, or commission, or any local trustee, as defined, with leasing authority over public lands within the state from entering into any new lease or other conveyance authorizing new construction of oil- and gas-related infrastructure upon public lands, including tidelands and submerged lands, to support production of oil and natural gas upon federal lands that are designated as, or were at any time designated as, federally protected lands, as defined. The bill would provide that these provisions do not prevent specified activities, including, among others, any activity undertaken to convey oil or natural gas produced from state lands or waters.

Existing law authorizes a court to issue an ex parte gun violence restraining order prohibiting the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition when it is shown that there is a substantial likelihood that the subject of the petition poses a significant danger of self-harm or harm to another in the near future by having in their custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to the subject of the petition or another, as specified. Existing law requires the ex parte order to expire no later than 21 days after the date on the order. Existing law also authorizes a court to issue a gun violence restraining order prohibiting the subject of the petition from having in their custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of one year when there is clear and convincing evidence that the subject of the petition, or a person subject to an ex parte gun violence restraining order, as applicable, poses a significant danger of personal injury to the subject of the petition or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm, and that the order is necessary to prevent personal injury to the subject of the petition or another, as specified. Existing law authorizes renewal of a gun violence restraining order within 3 months of the order's expiration. Petitions for ex parte, one-year, and renewed gun violence restraining orders may be made by an immediate family member of the person or by a law enforcement officer. This bill would, commencing September 1, 2020, similarly authorize an employer, a coworker who has substantial and regular interactions with the person and approval of their employer, or an employee or teacher of a secondary or postsecondary school, with approval of a school administrator or a school administration staff member with a supervisorial role, that the person has attended in the last 6 months to file a petition for an ex parte, one-year, or renewed gun violence restraining order. This bill would incorporate additional changes to Sections 18170 and 18190 of the Penal Code proposed by AB 12 to be operative only if this bill and AB 12 are enacted and this bill is enacted last.

(1) Existing law authorizes the governing board of any school district or community college district to order an election and submit to the electors of the district the question of whether the bonds of the district shall be issued and sold to raise money for specified purposes. Existing law generally requires, to pass a school bond measure, that either at least 23 of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds to pass the measure, or, if certain conditions are met, at least 55% of the votes cast on the proposition of issuing bonds be in favor of issuing the bonds. Existing law prohibits the total amount of bonds issued by a school district or community college district from exceeding 1.25% of the taxable property of the district, as provided. This bill would raise that limit to 2%. (2) Existing law also authorizes a unified school district to issue bonds receiving at least 55% of the votes cast on the proposition of issuing the bonds that, in aggregation with bonds issued with a 23 favorable vote, do not exceed 2.5% of the taxable property of the district, as provided. This bill would raise that limit to 4%. The bill would make a similar percentage increase for community college districts. (3) The Leroy F. Greene School Facilities Act of 1998 provides for the adoption of rules, regulations, and procedures, under the administration of the Director of General Services, for the allocation of state funds by the State Allocation Board for the construction and modernization of public school facilities. This bill would, among other things, require a school district to submit to the Department of General Services a 5-year school facilities master plan or updated 5-year school facilities master plan, as provided, as a condition of participating in the school facilities program under the act, would require the school district to submit specified information in the school district's application for an apportionment of state funds, and would make other changes to requirements a school district is required to comply with before participating in programs under the act. The bill would require the department to process applications to participate in the program, as specified, and would make other changes to the method by which the board makes apportionments of moneys under the act. This bill would establish the 2020 State School Facilities Fund, and authorize the board to apportion, and make disbursements of, moneys in the fund, as provided. The bill would require, for bonds approved by voters in 2020 or thereafter, the board to adjust a school district's required local and state contribution, as specified. The bill would authorize new construction and modernization grants to be used for seismic mitigation purposes and, among other things, to establish schoolsite-based infrastructure to provide broadband internet access. The bill would also authorize modernization grants to be used, among other things, for the control, management, or abatement of lead and for the demolishment and construction of a building on an existing schoolsite that meets specified conditions. The bill would prohibit the use of new construction and modernization grants for the purchase of portable electronic devices with a useful life of less than 3 years. This bill would authorize funding for health and safety projects by a school district, as provided. This bill would authorize the board to provide a grant to test for lead in water outlets used for drinking or preparing food on schoolsites serving kindergarten or any of grades 1 to 12, inclusive, as provided. The bill would specify procedures that small school districts, as defined, may use to obtain project and construction management, new construction grants, and modernization grants. The bill would also make conforming changes in, and remove inoperative provisions from, the act. (4) The act also requires the board to adopt regulations for determining the amount of funding and the eligibility and prioritization of funding that school districts with a financial hardship may receive from bond acts for construction, modernization, or relocation assistance. The act requires those regulations to include consideration of various factors, including whether the school district's total bonding capacity is $5,000,000 or less, in which case the school district shall be deemed eligible for financial hardship. This bill, for purposes of the regulations related to financial hardship eligibility, would increase the total bonding capacity cap to $15,000,000, to be adjusted as specified. (5) The California Constitution prohibits the Legislature from creating a debt or liability that singly or in the aggregate with any previous debts or liabilities exceeds the sum of $300,000, except by an act that (A) authorizes the debt for a single object or work specified in the act, (B) has been passed by a 23 vote of all the Members elected to each house of the Legislature, (C) has been submitted to the people at a statewide general or primary election, and (D) has received a majority of all the votes cast for and against it at that election. This bill would set forth the Public Preschool, K-12, and College Health and Safety Bond Act of 2020 as a state general obligation bond act that would provide $15,000,000,000 to construct and modernize education facilities, as specified. This bond act would become operative only if approved by the voters at the March 3, 2020, statewide primary election. The bill would also provide for the submission of the bond act to the voters at that election. (6) Existing law establishes the California State University, which is administered by the Board of Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as segments of public postsecondary education in this state. This bill would require the Board of Trustees and the Regents to comply with certain conditions, as provided, before receiving funds from the 2020 University Capital Outlay Bond Fund established pursuant to the Public Preschool, K-12, and College Health and Safety Bond Act of 2020. (7) Existing law authorizes the governing board of a school district to impose, as specified, an alternative fee, charge, dedication, or requirement on developers to fund school facilities, until the date new construction bond proceeds authorized by the Preschool-College Public Education Bond Act of 2016 are expended, or December 31, 2020, whichever is earlier. This bill would remove this authority beginning the earlier of January 1, 2021, or the date new construction bond proceeds authorized by the 2016 bond act are expended or apportioned, until January 1, 2028. The bill would also exempt multifamily housing developments that are located no further than 12 mile from a major transit stop, and reduce by 20% from specified amounts for any other multifamily housing developments, as specified, from any fee, charge, dedication, or other requirement for the construction or reconstruction of school facilities, as provided. (8) This bill, except for the provision making the provisions of the bill severable, would become effective upon the adoption of the Public Preschool, K-12, and College Health and Safety Bond Act of 2020 by the voters at the March 3, 2020, statewide primary election.

The Corporation Tax Law imposes a tax according to or measured by net income, computed at a specified rate upon the basis of the net income for that taxable year, on every corporation, except as provided. Existing law, generally, also imposes a minimum franchise tax of $800, except as provided, on every corporation incorporated in this state, qualified to transact intrastate business in this state, or doing business in this state, and an annual tax in an amount equal to the minimum franchise tax on every limited partnership, limited liability partnership, and limited liability company registered, qualified to transact business, or doing business in this state, as specified. Existing law exempts, for taxable years beginning before January 1, 2018, a corporation and a limited liability company that are small businesses solely owned by a deployed member of the United States Armed Forces from paying the minimum franchise tax or the annual tax for any taxable year the owner is deployed and the limited liability company operates at a loss or ceases operation. This bill would extend the minimum franchise tax and annual tax exemptions for a corporation and a limited liability company that are small businesses solely owned by a deployed member of the United States Armed Forces for taxable years beginning on or after January 1, 2020, and before January 1, 2030. This bill would take effect immediately as a tax levy. This bill would incorporate additional changes to Sections 17941 and 23153 of the Revenue and Taxation Code proposed by SB 349 to be operative only if this bill and SB 349 are enacted and this bill is enacted last.

(1) Existing law, the Marine Invasive Species Act, requires the State Lands Commission (hereafter the commission) to implement and administer laws regulating the uptake or discharge of ballast water from vessels that impact marine species in the state's waterways. The act, among other things, requires the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state to take various actions to minimize the uptake and release of nonindigenous species, including, among other things, to clean the ballast tanks regularly in mid-ocean waters, or under controlled arrangements in port or in drydock, to remove sediments and biofouling organisms, as specified, and to make available to the commission additional information, including a separate ballast water log to outline ballast water management activities for each ballast water tank on board the vessel. Existing law exempts the master, operator, or person in charge of a vessel from conducting a ballast water management practice upon a specified determination relating to safety. This bill would, for purposes of the act, define the term "land" and would revise the coastal boundaries used to define the "Pacific Coast Region," as specified. The bill would require the master, operator, or person in charge of a vessel to include in the ballast water log book for the vessel a description of the safety reasons for a determination to not conduct a ballast water management practice, to notify the commission of this determination, and to provide the commission a copy of the related entry in the ballast water log for the vessel. (2) The act required the commission, on or before January 1, 2012, in consultation with the State Water Resources Control Board (hereafter the board) , the United States Coast Guard, and a technical advisory group consisting of specified representatives, to develop and adopt regulations governing the management of biofouling on vessels arriving at a California port or place, as provided. The act required the commission, in consultation with the United States Coast Guard, on or before July 1, 2005, to adopt regulations governing the evaluation and approval of shipboard experimental ballast water treatment systems. The act also required the commission, in consultation with the board and in consideration of specified advisory panel recommendations, on or before January 31, 2006, to submit to the Legislature and make available to the public a specified report that recommends standards for the discharge of ballast waters into the waters of the state. This bill would repeal those provisions relating to shipboard experimental ballast water treatment systems and to ballast water standards. This bill would require those adopted regulations relating to the management of biofouling on vessels arriving at a California port or place to be regularly reviewed and revised as appropriate. (3) The act requires the commission to adopt regulations that impose specified requirements on an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement certain interim performance standards for the discharge of ballast water recommended in accordance with a specified report approved by the commission, as described, in consultation with the board, the United States Coast Guard, and an advisory panel, and to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes by January 1, 2030. This bill would, instead, require the commission to adopt regulations that would require an owner or operator of a vessel, as defined, carrying, or capable of carrying, ballast water that operates in the waters of the state to implement specified federal standards regulating ballast water discharges and to comply with certain federal performance standards for implementing approved ballast water management methods. The bill would also require that those regulations set a date no later than January 1, 2040, by which the final performance standard for the discharge of ballast water of zero detectable living organisms for all size classes would be required to be met, and would revise certain requirements for the submission of that report regarding ballast water discharges, as prescribed. This bill would also require the advisory panel to make recommendations regarding the content and issuance of the report and implementation of the performance standards to the commission. The bill would require that the advisory panel's meetings be open to the public. The bill would require the commission to provide notice of the advisory panel's meetings to any person who requests that notice in writing, as well as on the commission's internet website and to provide that notice at least 10 days before an advisory panel meeting and to include the meeting's agenda and the name, address, and telephone number of a person who can provide additional information before the meeting. (4) The act requires the commission, in consultation with the board, the United States Coast Guard, and a technical advisory group made up of specified representatives who are interested persons, to sponsor pilot programs for the purpose of evaluating alternatives for treating and otherwise managing ballast water and biofouling, with the goal of this effort to reduce or eliminate the discharge of nonindigenous species into the coastal waters of the state. This bill would additionally require the commission to consult with the United States Environmental Protection Agency regarding the sponsorship of those pilot programs and would also require that the meaningful participation of the State of California in federal rulemaking actions be included as one of the goals of those efforts. (5) The act requires the commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, to identify and conduct any other research determined necessary to carry out the requirements of the act. This bill would authorize the commission to also take samples of ballast water, sediment, and biofouling from arriving vessels subject to the act for research purposes.

The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime. Existing law, as part of the hazardous waste control laws, prohibits a person from manufacturing, shipping, selling, or offering for sale or promotional purposes jewelry, as defined, for retail sale in the state, unless the jewelry is made entirely from specified materials that do not exceed specified lead and cadmium content limits. Existing law provides that, for jewelry that is not children's jewelry or body piercing jewelry, the content limits for electroplated metal, unplated metal, plastic or rubber, and dye or surface coating are 6%, 1.5%, 0.02%, and 0.06% of lead by weight, respectively. Existing law imposes separate content requirements for children's jewelry, as provided. Existing law defines "children" for purposes of these provisions to mean children 6 years of age and younger. Existing law requires a manufacturer or supplier of jewelry that is sold, offered for sale, or offered for promotional purposes to prepare a certification that attests that the jewelry does not contain a level of lead or cadmium in excess of the provided limits. Existing law provides test methods and procedures for testing jewelry for purposes of these provisions. This bill would revise and recast the provisions relating to the materials authorized to be used to make jewelry and children's jewelry, but with certain provisions not to become operative until June 1, 2020. The bill would, on and after June 1, 2020, reduce the lead content limits for electroplated metal, unplated metal, and a dye or surface coating to 0.05% of lead by weight, and would reduce the lead content limit for plastic or rubber to 0.02% of lead by weight. The bill would reduce the lead content limit for children's jewelry to 0.009% of lead by weight for surface coatings and 0.01% of lead by weight for all other components, and would reduce the cadmium limit for surface coatings on children's jewelry to 0.0075% of soluble cadmium by weight, as provided. The bill would revise the definition of "children" to mean persons under 15 years of age. The bill would require the manufacturer or supplier certification to include additional detail about the jewelry covered by the certification, including, among other things, the date or dates on which, and the location or locations where, the jewelry was tested for purposes of certification. Because a violation of these additional certification requirements would be a crime, the bill would impose a state-mandated local program. The bill would also authorize the use of additional specified test methods to determine compliance with the standards for lead in children's jewelry. 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 measure would state that the Legislature strongly and unequivocally supports the existing fuel economy and greenhouse gas emissions standards, the preservation of California's authority to enact stricter air pollution standards pursuant to its federal Clean Air Act waiver, and the enactment of a voluntary agreement between the State Air Resources Board and automobile manufacturers that preserves California's status as a leader in the fight for clean air; will consider any and all appropriate actions to maintain and enact vehicle emissions standards for the protection of public health, California residents, and the economy; supports any and all appropriate actions that enhance longstanding protections for the public's health, California residents, and the economy; and strongly urges the President and Vice President of the United States, the Secretary of the United States Department of Transportation, and the Administrator of the United States Environmental Protection Agency to reject the Safer Affordable Fuel-Efficient Vehicles Proposed Rule for Model Years 2021–2026.