Asm. Tasha Boerner

The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and joint powers authority formed under the act, referred to as a regional agency, to develop a source reduction and recycling element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. This bill would make the export out of the country of a mixture of plastic wastes "disposal" for purposes of the act, unless the mixture includes only certain plastics destined for separate recycling and satisfies other specified requirements, in which case that export would constitute diversion through recycling. Until January 1, 2024, or the expiration of a relevant trade agreement or arrangement with Canada or Mexico, whichever is later, these provisions would not apply to exports to Canada or Mexico. To the extent the bill would require local agencies to revise the source reduction and recycling elements of their integrated waste management plans, the bill would impose a state-mandated local program. Existing law requires recycling and composting operations and facilities to submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities, end users inside of the state or outside the state, or exporters, brokers, or transporters for sale inside of the state or outside of the state. Existing law authorizes the provision of information in the reports on an aggregate facilitywide basis and the exclusion of information related to the jurisdiction of the origin of the materials. This bill would, except as provided, require the report to contain information on the jurisdiction or region of origin for materials that are a mixture of plastic wastes and are exported out of the country. The bill would require the department to make publicly available information on the jurisdiction or region of origin and tonnage for those exported materials. 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 the statutory provisions noted above.

(1) Existing law prohibits, during the prosecution of specified sex crimes, the admission of evidence of the manner in which the victim was dressed, when offered by either the prosecution or the defendant on the issue of consent, unless the court finds the evidence relevant and admissible in the interests of justice. This bill would prohibit the court from admitting evidence, in the above circumstances, of the manner in which the victim was dressed, upon a finding that the evidence is relevant and admissible in the interests of justice. (2) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 1171 to be operative only if this bill and AB 1171 are enacted and this bill is enacted last. (3) The California Constitution provides that relevant evidence shall not be excluded in any criminal proceeding except as provided by statute enacted by a 23 vote of the membership of each house of the Legislature. Because this bill would limit the admissibility of evidence in criminal proceedings, it would require a 23 vote.

Existing law establishes the Climate Ready Program in the State Coastal Conservancy to address the impacts and potential impacts of climate change on resources within the conservancy's jurisdiction. Existing law authorizes the conservancy to undertake projects within its jurisdiction, including projects related to beach and bluff erosion and other coastal hazards that threaten coastal communities, infrastructure, and natural resources. Existing law requires the Office of Emergency Services, in collaboration with the California Institute of Technology, the California Geological Survey, the University of California, the United States Geological Survey, the Alfred E. Alquist Seismic Safety Commission, and other stakeholders, to develop a comprehensive statewide earthquake early warning system in California through a public-private partnership, which is required to include, among other things, the installation of field sensors. Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California comprises 10 institutions of higher education, which are located at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz. This bill would, upon appropriation by the Legislature, require the Scripps Institution of Oceanography at the University of California, San Diego, to conduct research on coastal cliff landslides and erosion in the County of San Diego, as provided. The bill would require the research to be completed by January 1, 2025. The bill would require by no later than March 15, 2025, the institution to provide a report to the Legislature with recommendations for developing a coastal cliff landslide and erosion early warning system based on available research. The bill would exempt the Regents of the University of California and its employees, acting in good faith, from civil liability for any harm resulting from measurements, predictions, or warnings regarding bluff failure, cliff landslides, or erosion contained in the report or from the research or related to the recommendations, unless those damages are the result of acts or omissions constituting gross negligence or willful or wanton misconduct.

(1) Existing federal law, the McKinney-Vento Homeless Assistance Act, provides grants to states to carry out activities relating to the education of homeless children and youths, as defined, including, among others, providing services and activities to improve the identification of homeless children and youths and to enable them to enroll in, attend, and succeed in school. The act requires a state plan submitted for the receipt of the grant to include assurances that local educational agencies will designate an appropriate staff person to act as a local educational agency liaison for homeless children and youths and a description of how the state will ensure that local educational agencies and their liaisons will comply with specified requirements of the act, including the identification of homeless children and youths. Under existing state law, public schools, including charter schools, and county offices of education are required to immediately enroll a homeless child or youth seeking enrollment, except as specified. Existing law requires a local educational agency liaison for homeless children and youths to ensure that public notice of the educational rights of homeless children and youths is disseminated in schools within the liaison's local educational agency that provide services pursuant to the act. This bill would require a local educational agency to ensure that each school within the local educational agency identifies all homeless children and youths and unaccompanied youths, as defined, enrolled at the school. The bill would also require local educational agencies receiving designated federal funds to administer a housing questionnaire, as specified, for purposes of identifying homeless children and youths and unaccompanied youths, and to annually provide the housing questionnaire to all parents or guardians of pupils and unaccompanied youths of the local educational agency. This bill would require a school district, charter school, or county office of education to create an internet web page or post on its internet website a list of the local educational agency liaisons for homeless children and youths and unaccompanied youths in that school district, charter school, or county office of education, respectively, the contact information for those liaisons, and specific information regarding the educational rights and resources available to persons experiencing homelessness. The bill would require a school to post on its internet website, if the school has an internet website, the contact information for the liaison, if available. The bill would also require, if a school has an employee or person under contract whose duties include assisting the liaison in completing the liaison's duties under the federal act, the school to post on its internet website, if the school has an internet website, the contact information for that employee or person under contract. The bill would require data collected by the department or by a local educational agency under these provisions to be used in accordance with all state and federal laws regarding pupil privacy and the collection and use of pupil data. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. This bill, upon appropriation by the Legislature, would authorize $1,500,000 to be allocated to up to 3 county offices of education in different regions throughout the state for purposes of establishing technical assistance centers to foster relationships with community partners and other local educational agencies in each region, as provided. The bill would require the department to determine which county offices of education to allocate those funds to through a competitive process, as provided, and to take into account geographic diversity and concentrations of homeless children and youths and unaccompanied youths. The bill would require the technical assistance centers to be operative only for the duration of a specified federal grant period. (2) Existing law requires the department to provide, among other things, informational and training materials to local educational agency liaisons regarding the educational rights of homeless children and youths and the responsibilities of the liaisons. This bill would require the department to develop, as specified, best practices and a model housing questionnaire that a local educational agency may use to identify and obtain accurate data on all homeless children and youths and unaccompanied youths enrolled in schools of the local educational agency. The bill would require the department to post the best practices and model housing questionnaire on its internet website. (3) This bill would incorporate additional changes to Section 48852.5 of the Education Code proposed by SB 400 to be operative only if this bill and SB 400 are enacted and this bill is enacted last. (4) 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 the statutory provisions noted above. (5) This bill would provide that, upon appropriation by the Legislature, the department would be authorized to use designated federal funds or the General Fund, or a combination of funds from these sources, to implement the provisions of the bill commencing with the 2021–22 school year. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. Existing law also sets specific monetary limits on the fines that may be imposed by city or county authorities for any violation of local building and safety codes that is an infraction, as prescribed. Existing law requires a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver in certain cases. This bill would, notwithstanding those provisions and with certain exceptions, raise the maximum fines for violation of an ordinance relating to a residential short-term rental, as defined, that is an infraction and poses a threat to health or safety, to $1,500 for a first violation, $3,000 for a 2nd violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation. The bill would make these violations subject to the process for granting a hardship waiver. This bill would declare that it is to take effect immediately as an urgency statute.

Existing law, the Disaster Preparedness and Flood Prevention Bond Act of 2006, approved by the voters as Proposition 1E at the November 7, 2006, statewide general election, authorizes the issuance of bonds in the amount of $4,090,000,000 for the purposes of financing disaster preparedness and flood prevention projects. The act makes $300,000,000 of that amount available, upon appropriation to the Department of Water Resources, for grants for stormwater flood management projects, as specified. Existing law appropriates $300,000,000 to the department for those purposes and requires those funds to be available for encumbrance until June 30, 2020, and for liquidation until June 30, 2023. This bill would instead make those funds that were appropriated to the department and allocated to the City of Escondido for use on the Lake Wohlford Dam project available for liquidation until June 30, 2028, if the City of Escondido uses a skilled and trained workforce for the Lake Wohlford Dam project. By extending the period of time in which funds encumbered under an existing appropriation may be liquidated, the bill would make an appropriation. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of San Diego.

Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law authorizes licensed winegrowers and brandy manufacturers to exercise their license privileges away from their licensed premises at, or from, branch offices or warehouses or United States bonded wine cellars located away from the place of production or manufacture, subject to specified exceptions. One of the exceptions to this authorization is the sale or delivery of wine to consumers in containers supplied, furnished, or sold by the consumer. This bill would delete the exception to the authorization applicable to winemakers, as described above, and would thus allow them to sell and deliver wine to consumers in containers supplied, furnished, or sold by the consumer away from their licensed premises.

(1) Existing law prohibits a person, business, or association from knowingly publicly posting or displaying on the internet the home address or home telephone number of a provider, employee, volunteer, or patient of a reproductive health care services facility, or of persons residing at the same home address as a provider, employee, volunteer, or patient of a reproductive health care services facility, with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, if the 3rd person is likely to commit this harm, or to threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for the person's or coresident's personal safety. Existing law establishes a cause of action for damages and declaratory relief for violations. This bill would instead prohibit a person, business, or association from knowingly publicly posting, displaying, disclosing, or distributing the personal information, as defined, or image, of a reproductive health services patient, provider, or assistant, as defined, without that person's consent and with the above-specified intent. Existing law makes it a misdemeanor, punishable by up to 6 months in a county jail, a fine of not more than $2,500, or both that fine and imprisonment, to post the home address, telephone number, or personally identifying information about a provider, employee, volunteer, or patient of a reproductive health service facility or other individuals residing at the same home address with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that person or entity. If the violation leads to bodily injury of the person, existing law makes it a misdemeanor punishable by up to one year in a county jail, a fine of up to $5,000, or both that fine and imprisonment. This bill would make it a crime to post personal information or an image of a provider, employee, volunteer, or patient and would increase the penalty to either imprisonment in a county jail for either one year, a fine of up to $10,000, or both that fine and imprisonment, and would increase the penalty for a violation resulting in bodily injury to $50,000. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (2) Existing law, the California Freedom of Access to Clinic and Church Entrances Act (the Act) , prohibits specified actions that, by force, threat of force, or physical obstruction, impede access to reproductive health services facilities, as defined. This bill would also make it a crime, within 100 feet of the entrance to or within a reproductive health services facility, to intentionally videotape, film, photograph, or record by electronic means a reproductive health services patient, provider, or assistant, as defined, with the specific intent to intimidate a person from becoming or remaining a reproductive health services patient, provider, or assistant. The bill would also make it a crime to intentionally disclose or distribute material obtained in violation of that provision with the specific intent to intimidate a person from becoming or remaining a reproductive health services patient, provider, or assistant. The bill would exempt specified persons, including news reporters, from these provisions, as specified. By creating new crimes, this bill would impose a state-mandated local program. Existing law specifies the penalties for violation of the Act, including imprisonment as a misdemeanor and specified fines. This bill would increase the penalties for the existing crimes, as specified, and would establish the same penalties for the newly added crimes described. By increasing the penalty for a crime, this bill would impose a state-mandated local program. (3) Existing law, the Reproductive Rights Law Enforcement Act, requires the Attorney General to carry out certain functions relating to anti-reproductive-rights crimes in consultation with, among others, subject matter experts, and requires the Commission on the Status of Women and Girls to convene an advisory committee that consists of members of the organizations identified as subject matter experts. Existing law requires the advisory committee to make 2 reports to specified legislative entities, the Commission on Peace Officer Standards and Training (POST) , and the Commission on the Status of Women and Girls, the first by December 31, 2007, and the 2nd by December 31, 2011, to evaluate the implementation of the act and making recommendations. This bill would require local law enforcement agencies to report, in a manner prescribed by the Attorney General, the number of anti-reproductive-rights crime-related calls for assistance, the total number of arrests for anti-reproductive-rights crimes, and the total number of cases in which the district attorney charged an individual, as specified. The bill requires the Attorney General, beginning January 1, 2023, to annually report this information to the Legislature. This bill would require the advisory committee to make 2 additional reports, the first by December 31, 2025, and the 2nd by December 31, 2029, for the same purposes. Existing law requires POST to develop a 2-hour telecourse on anti-reproductive-rights crimes and make the telecourse available to all California law enforcement agencies and to the advisory committee. This bill would instead require the commission to develop an interactive training course on anti-reproductive-rights crimes and, subject to an appropriation in the annual Budget Act or other statute, update the course every 7 years, or on a more frequent basis as specified. This bill would also require all law enforcement agencies to develop, adopt, and implement written policies and standards for responding to anti-reproductive-rights calls by January 1, 2023. By requiring local law enforcement to develop and implement these policies, this 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This measure would proclaim November 3, 2021, as One Health Day, to celebrate and bring attention to the need for a One Health approach to address shared health threats at the human-animal-environmental interface.

This measure would designate the month of September 2021 as Leukemia, Lymphoma, and Myeloma Awareness Month and Blood Cancer Awareness Month and the first week of September 2021 as Blood Donation Week.