Rep. Mike D Duvall

Existing law provides for the resolution of public works construction claims, as defined, arising between a contractor and a local agency. It establishes specified procedures for the resolution of these claims, including civil action, mediation, and arbitration. This bill would allow a public agency and a contractor to mutually agree to resolve a claim through independent arbitration.

(1) Existing law established the pupil retention block grant, school safety consolidated competitive grant, teacher credentialing block grant, professional development block grant, a new targeted instructional improvement block grant, and school library improvement block grant. Existing law authorizes a school district or county office of education to expend in a fiscal year up to 15% of the amount apportioned for the school safety consolidated competitive grant, professional development block grant, targeted instructional improvement block grant, or school library improvement block grant for any other programs for which the school district or county office is eligible for funding, not to exceed 120% of the amount of state funding allocated in a fiscal year to the school district or county office for purposes of the program to which funds are transferred. This bill would repeal those block grants and instead establish the following block grants, composed of funding for specified categorical education programs: the Supplemental Professional and Staff Development Block Grant, the Supplemental Academic Support for At-Risk Pupils Block Grant, the Supplemental Academic Support Block Grant, the Supplemental Operational Support Block Grant, the Supplemental Career Technical Education Block Grant, and the Supplemental Pupil Support Block Grant. Commencing with the 2009–10 fiscal year, the Superintendent of Public Instruction would be required to apportion funds from those block grants to school districts, as defined. The bill would authorize a school district or county office of education to expend in a fiscal year up to 50% of the amount apportioned for the block grants established by the bill for any other categorical program for which the school district or county office is eligible for funding, including programs whose funding is not included in any of the block grants established by the bill, not to exceed 155% of the amount of state funding allocated in a fiscal year to the school district or county office for purposes of the program to which funds are transferred. The bill also would repeal statutory provisions that established or are related to various programs included in the block grants established by the bill. (2) Existing law specifies the formula that the Superintendent of Public Instruction is required to use in order to calculate a categorical block grant for charter schools. Existing law authorizes charter schools that elect to receive their funding directly to apply individually for federal and state categorical programs, except as specified, to the extent that they are eligible for funding and meet the provisions of the programs. This bill would repeal those provisions and instead require the Superintendent to calculate a categorical block grant for charter schools using a formula based on the supplemental block grants established by the bill as described in (1) above. The bill also would prohibit charter schools from separately applying for funding pursuant to any of the categorical programs included in the supplemental block grants. This bill would make an appropriation by allowing funds that are continuously appropriated for purposes of the After School Education and Safety Program to be used for other categorical purposes.

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. This bill, except as specified, would limit the fines imposed on a gasoline dispensing facility that fails to meet an April 1, 2009, compliance deadline to a total of no more than $1,000 for all violations that occur between April 1, 2009, and December 31, 2009, if the gasoline dispensing facility meets specified requirements. This bill would declare that it is to take effect immediately as an urgency statute.

The Personal Income Tax Law and the Corporation Tax Law authorize various credits against the taxes imposed by those laws. This bill would, for each taxable year beginning on or after January 1, 2010, allow a credit in an amount equal to the total contributions made to a scholarship granting organization, as defined, by a qualified taxpayer, as defined, during the taxable year, not to exceed a specified amount. This bill would impose specified duties on the Franchise Tax Board in administering the credits. This bill would take effect immediately as a tax levy.

The Porter-Cologne Water Quality Control Act designates the State Water Resources Control Board as the state water pollution control agency for the purposes of the federal Clean Water Act and other federal acts. The act authorizes the state board to give any certificate or statement required by a federal agency pursuant to a federal act that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will not reduce water quality below applicable standards. This bill would make technical, nonsubstantive changes to that provision.

Existing law prohibits a person, state or local governmental agency, or a public utility, from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or depositing or disposing of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless prescribed requirements are met, including written notification to the Department of Fish and Game regarding the activity. Existing law requires the department to determine whether the activity may substantially adversely affect an existing fish and wildlife resource and, if so, to provide a draft lake or streambed alteration agreement to the person, agency, or utility. Existing law prescribes various requirements for lake and streambed alteration agreements and generally prohibits the term of an agreement from exceeding 5 years. Existing law authorizes the department to issue an agreement for a term of longer than 5 years if prescribed conditions are satisfied and prohibits the department from extending an agreement for more than 5 years. Existing law authorizes time periods related to lake and streambed alteration agreements to be extended by mutual agreement. This bill would additionally provide for the issuance of a lake or streambed alteration agreement for a term longer than 5 years, and the extension of the term of a lake or streambed alteration agreement for more than 5 years, by mutual agreement.

The Personal Income Tax Law allows various deductions in computing the income that is subject to the taxes imposed by that law. This bill would allow for taxable years beginning on or after January 1, 2010, and before January 1, 2015, a deduction under that law for the qualified costs paid or incurred during the taxable year by a taxpayer for the adoption of pets from a qualified animal rescue organization, as defined. Existing law relating to the administration of personal income taxes authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts. This bill would allow individual taxpayers to designate on their tax returns, that a specified amount in excess of their tax liability be transferred to the Pet Adoption Cost Deduction Fund, which would be created by this bill. This bill would provide that all moneys contributed to the fund, upon appropriation by the Legislature, be allocated to the Franchise Tax Board and the Controller for reimbursement of costs, as provided, to the Controller for reimbursement of the General Fund for revenue losses from providing the deduction for pet adoption costs, and to the Department of Food and Agriculture for purposes relating to abandoned and impounded animals. This bill would provide that these voluntary contribution provisions are repealed on either January 1 of the 5th taxable year following the taxable year the fund first appears on the personal income tax return or on January 1 of an earlier calendar year, if the Franchise Tax Board estimates that the annual contribution amount will be less than $250,000, or an adjusted amount, as specified, for subsequent taxable years.

Existing law requires a driver and a passenger to wear a safety helmet meeting certain requirements when riding on a motorcycle, motor-driven cycle, or motorized bicycle. This bill would exempt from this requirement a driver who is 18 years of age or older who has either completed a motorcyclist safety training program, or has been issued a class M1 license or endorsement, or a comparable license from another jurisdiction, for 2 years or more.

The Subdivision Map Act requires that the filing for record of a final or parcel map by the county recorder automatically and finally determines the validity of the map and that, when recorded, a final or parcel map imparts constructive notice. This bill also would provide that the filing of a final or parcel map by the county recorder constitutes the final act in obtaining the right to subdivide according to the terms of the final or parcel map.

The Public Employees' Health Care Act allows an employee or annuitant, as defined, under eligibility rules as prescribed by State Personnel Board regulations, to enroll in an approved health benefit plan approved or maintained by the board either as an individual or for self and family. This bill, operative July 1, 2010, would require the state, if it provides an employee of the state or an employee of the Legislature with the option to elect coverage in a health benefit plan, to also provide that employee with the option of receiving a cash payment in lieu of that coverage. The bill would require the amount of the cash payment that may be provided to an employee to be calculated by multiplying the average dollar value of the health benefit premium that the employee could have received had he or she elected coverage in a health benefit plan by 67%.