Asm. Al Muratsuchi

Existing law authorizes the governing board of a school district to initiate and carry on any program, activity, or to act in any manner that is not in conflict with or inconsistent with, or preempted by, any law and that is not in conflict with the purposes for which school districts are established. This bill would make nonsubstantive changes to that provision.

(1) Existing law makes it a crime for a person to engage in a motor vehicle speed contest on a highway or an exhibition of speed on a highway, or to aid or abet therein. Commencing July 1, 2025, a court may suspend a person's driver's license for 90 days to 6 months for an exhibition of speed, or aiding and abetting an exhibition of speed, if the violation occurred as part of a sideshow. Existing law defines "sideshow" as 2 or more persons blocking or impeding traffic on a highway for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving for spectators. Existing law imposes 2 violation points against a driver's record for purposes of the suspension or revocation of the privilege to drive if a driver is convicted of reckless driving or engaging in a motor vehicle speed contest or exhibition of speed. This bill would make it a crime for a person to knowingly attend, participate in, or aid and abet the commission of, a vehicle sideshow or street takeover, as defined. The bill would make a violation of this offense punishable as a misdemeanor or felony if the person convicted is a performing driver, as specified. The bill would make a violation of this offense punishable as a misdemeanor if the person convicted is not a performing driver, including a spectator or passenger in a performing vehicle, as specified. The bill would, if the convicted person is a performing driver, authorize the court to have the performing vehicle impounded for up to 30 days and require the court to suspend the driver's license for 90 days to 6 months. The bill would impose 2 violation points against a driver's record for a conviction of this offense. The bill would change the commencement date of the above-mentioned license suspension provisions to January 1, 2024, and include the crimes of reckless driving and attending, participating, or aiding and abetting in a vehicle sideshow or street takeover in these provisions. The bill would additionally make it a crime for a person to operate a motor vehicle at any time when that person's driving privilege is suspended or revoked for a conviction of attending, participating, or aiding and abetting in a vehicle sideshow or street takeover, if the person has knowledge of the suspension or revocation. The bill would make a violation of this offense punishable as a misdemeanor, as specified. By creating new crimes and increasing punishments for existing crimes, this bill would impose a state-mandated local program. (2) Existing law makes it a crime for a person, while operating a motor vehicle with the intent to evade, to willfully flee or otherwise attempt to evade a pursuing peace officer's motor vehicle or bicycle if specified conditions exist. Existing law makes it a crime to drive a vehicle upon a highway in willful or wanton disregard for the safety of persons or property. Existing law authorizes a magistrate to issue a warrant or order authorizing a peace officer to immediately seize and cause the removal of a vehicle if presented with a peace officer's affidavit establishing reasonable cause to believe that the vehicle was an instrumentality used in the peace officer's presence in violation of an offense described above. This bill would include the crimes of engaging in a motor vehicle speed contest or exhibition of speed and attending, participating, or aiding and abetting in a vehicle sideshow or street takeover in the list of offenses for which a peace officer may impound a vehicle pursuant to a warrant or order issued by a magistrate. (3) Existing law defines a nuisance, in part, as anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property and defines a public nuisance as one that affects an entire community, neighborhood, or a considerable number of persons at the same time. Existing law authorizes various remedies for nuisances, including a criminal action, civil action, or abatement. This bill would provide that a vehicle used in the commission of a vehicle sideshow or street takeover is a public nuisance which may be subject to forfeiture upon the conviction of the operator of the vehicle. The bill would establish the procedures to serve notice of the intended forfeiture to the legal and registered owner of the vehicle, to file a claim opposing forfeiture, and for the forfeiture hearing. The bill would require the Attorney General or district attorney to prove, beyond a reasonable doubt, that the operator of the vehicle was convicted of this offense and the vehicle was used in the commission of the violation that gave rise to the underlying conviction. The bill would require the court to, if the burden of proof has been met and the court finds there is no undue hardship to a person other than the defendant, enter judgment in favor of the Attorney General or district attorney, declare the vehicle a public nuisance, and order the vehicle to be immediately forfeited to the state or local government entity, as specified. The bill would establish the procedures for the impoundment, sale, or disposal of a vehicle subject to forfeiture. 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 vests the Public Utilities Commission with regulatory authority over load-serving entities, which include electrical corporations, electric service providers, and community choice aggregators. Existing law requires the commission, in consultation with the Independent System Operator, to establish resource adequacy requirements for all load-serving entities. Existing law requires the commission, in establishing those resource adequacy requirements, to ensure the reliability of electrical service in California while advancing, to the extent possible, the state's goals for clean energy, reducing air pollution, and reducing emissions of greenhouse gases. This bill would establish the Clean Energy Reliability Program, to be administered by the commission, upon appropriation, to provide incentive payments to qualifying load-serving entities that exceed procurement targets for eligible resources established by the commission, as specified. The bill would require a load-serving entity to remit incentive payments to its customers as a bill credit or use the payment in a manner determined by the commission to reduce ratepayer costs arising from the additional procurement of eligible resources. The bill would require a load-serving entity to meet specified conditions to be eligible for an incentive payment. 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 its provisions would be part of the act and a violation of a commission action implementing its requirements would therefore 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 establishes the State Allocation Board and specifies its membership and duties. Existing law imposes specified duties on the board with respect to the allocation and expenditure of state funds for the construction of public school facilities. Existing law requires the board to obtain construction plans for school buildings appropriate for school districts in various climates and geographical conditions of the state and requires the plans to meet the needs of school districts that require school buildings of various sizes. Existing law authorizes these plans to include designs that promote, among other things, the efficient use of energy and water. This bill would expressly authorize the above-described plans to also include designs that promote an efficient response to extreme heat and climate change.

Existing law requires the Public Utilities Commission, in consultation with the Independent System Operator, to establish resource adequacy requirements for all load-serving entities, as defined. In establishing the resource adequacy requirements, existing law requires the commission to ensure the reliability of electrical service in the state while advancing, to the extent possible, the state's goals for clean energy, reducing air pollution, and reducing emissions of greenhouse gases. Existing law requires that the resource adequacy program achieve specified objectives, including to establish new, or maintain existing, demand response products and tariffs that facilitate the economic dispatch and use of demand response that can either meet or reduce an electrical corporation's resource adequacy requirements, as determined by the commission. This bill would require the commission, or before June 30, 2024, to submit to the Legislature a report assessing the regulatory barriers, if any, to the rapid deployment of energy storage resources in California, as specified.

Existing law establishes the State Air Resources Board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. Existing law, the California Global Warming Solutions Act of 2006, requires the state board to ensure that statewide greenhouse gas emissions are reduced to at least 40% below the 1990 level by 2030. Existing law declares the policy of the state to achieve net zero greenhouse gas emissions as soon as possible, but no later than 2045, and to achieve and maintain net negative greenhouse gas emissions thereafter. This bill would establish the California Climate Cashback Program to be administered by the Franchise Tax Board for the purpose of mitigating the costs of transitioning to a low-carbon economy. The bill would require the Franchise Tax Board to develop and implement the program to deliver quarterly per capita cashback payments to all residents of the state and to maximize the ease with which residents of the state may enroll in the program, as specified. The bill would require moneys in the California Climate Cashback Fund, which the bill would create, to be allocated for this purpose, upon appropriation by the Legislature.

Existing law establishes the California Environmental Protection Program for the preservation and protection of California's environment and requires the Secretary of the Natural Resources Agency to administer the program. This bill would make a nonsubstantive change to the administration of the program.

Existing law establishes an Independent System Operator (ISO) as a nonprofit public benefit corporation, and requires the ISO to ensure the efficient use and reliable operation of the electrical transmission grid consistent with the achievement of planning and operating reserve criteria, as specified. This bill would make nonsubstantive changes to that requirement.

Existing law establishes the California Renewables Portfolio Standard Program to attain a target of generating 20% of total retail sales of electricity in California from eligible renewable energy resources, as defined, by December 31, 2013, 33% by December 31, 2020, 50% by December 31, 2026, and 60% by December 31, 2030. Existing law requires the Public Utilities Commission (PUC) , as part of that program, to establish the quantity of electricity products from eligible renewable energy resources to be procured by each retail seller for each compliance period, and requires those quantities to reflect reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 25% of retail sales by December 31, 2016, 33% by December 31, 2020, 44% by December 31, 2024, 52% by December 31, 2027, and 60% by December 31, 2030. Existing law requires each local publicly owned electric utility to adopt and implement a renewable energy resources procurement plan to achieve those same specified targets applicable to each retail seller. Existing law establishes a policy of the state that eligible renewable energy resources and zero-carbon resources supply 90% of all retail sales of electricity to California end-use customers by December 31, 2035, 95% of all retail sales of electricity to California end-use customers by December 31, 2040, 100% of all retail sales of electricity to California end-use customers by December 31, 2045, and 100% of electricity procured to serve all state agencies by December 31, 2035. Existing law requires the PUC, State Energy Resources Conservation and Development Commission, and State Air Resources Board to issue a joint report to the Legislature by January 1, 2021, and at least every 4 years thereafter, that includes, among other things, a review of this policy and the barriers to, and benefits of, achieving the policy. This bill would require those entities to also include in the joint report a statewide transmission plan to facilitate the timely attainment of the policy and the targets of the California Renewables Portfolio Standard Program, as specified.

(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law. This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud. (2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor. This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud. (3) Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value. This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years. (4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses, as specified. This bill would authorize a city or county prosecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified. (5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.