The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities. Existing law establishes in state government a Cannabis Control Appeals Panel that consists of 5 members, appointed as specified. This bill would make a nonsubstantive change to the provision establishing the Cannabis Control Appeals Panel.
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Existing law requires superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail for all bailable felony offenses, all misdemeanor offenses, and all infractions, except Vehicle Code infractions. Existing law requires the countywide bail schedule to contain a list of offenses and the amounts of bail applicable for each, as the judges determine to be appropriate. This bill would require the Judicial Council to prepare, adopt, and annually revise a statewide bail schedule for all bailable felony offenses and for all misdemeanor and infraction offenses except Vehicle Code infractions, as specified. This bill would require that bail for a person charged with 2 or more offenses be the amount computed under the bail schedule for the charge having the highest amount of bail, except as provided.
Existing law gives public school employees the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. Existing law establishes the Public Employment Relations Board and gives the board specified powers relating to employer-employee relations, including investigating unfair practice charges filed by an employee, employee organization, or employer. Existing law gives the board exclusive jurisdiction to make an initial determination whether the charges of unfair practices are justified, and, if so, what remedy is necessary, as specified. This bill would make nonsubstantive changes to the latter provision.
Existing law requires a state employee who, as a member of the California National Guard or a United States military reserve organization, is ordered to active duty by Presidential determination that it is necessary to augment the active forces for any operational mission, or when in time of national emergency declared by the President or otherwise authorized by law, to receive the difference between the amount of the state employee's military pay and the amount they would have received as a state employee, and all benefits the state employee would have received had they not served on active duty, as specified, for the duration of the event for a period not to exceed 180 days. Existing law limits the events in which a state employee may be ordered to active duty by the President to specified emergencies under federal law, including an emergency involving a use or threatened use of a weapon of mass destruction. This bill would extend the period of pay and benefits for a state employee who is a member of the California National Guard or a United States military reserve organization and is ordered to active duty to 365 days, and would authorize the Governor to extend that period for up to an additional 1,460 days by executive order. The bill would remove the limitations regarding the specific events for which the President may order the state employee to active duty, but would retain the requirement that the order to active duty be pursuant to a Presidential determination that it is necessary to augment the active forces for any operational mission or a time of national emergency declared by the President or otherwise authorized by law.
Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law provides for the commitment of a sexually violent predator to the State Department of State Hospitals. Existing law provides that a sexually violent predator may be conditionally released at the end of their commitment, as specified. Existing law requires a sexually violent predator who is conditionally released to be placed in the county that was the person's county of domicile prior to the person's incarceration, unless extraordinary circumstances exist requiring placement outside the county, as specified. This bill would require advance notice, as specified, if a sexually violent predator is to be released to a county other than their county of domicile. The bill would require the local jurisdiction to give public notice of the intended release and allow for public comment, as specified. The bill would require the court to hold an evidentiary hearing to determine if extraordinary circumstances exist. The bill would place the burden of showing extraordinary circumstances on the State Department of State Hospitals. The bill would require the court to accept remote testimony and written affidavits, as specified, for this hearing. The bill would limit how a lack of housing may be used to justify extraordinary circumstances and would require the department to present specified evidence regarding housing. The bill would also provide for discovery of relevant materials. By requiring local jurisdictions to give public notice and accept public comments, this bill would create 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, 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 laws defines persons who are peace officers and the entities authorized to appoint them. Existing law requires certain minimum training requirements for peace officers including the completion of a basic training course, as specified. Existing law prescribes certain minimum standards for a person to be appointed as a peace officer, including moral character and physical and mental condition, and certain disqualifying factors for a person to be employed as a peace officer, including a felony conviction. This bill would disqualify a person from being employed as a peace officer if that person has been convicted of, or has been adjudicated by a military tribunal as having committed an offense that would have been a felony if committed in this state. The bill would also disqualify any person who has been certified as a peace officer by the Commission on Peace Officer Standards and Training and has had that certification revoked by the commission. (2) Existing law establishes the Commission on Peace Officer Standards and Training to set minimum standards for the recruitment and training of peace officers and to develop training courses and curriculum. Existing law authorizes the commission to establish a professional certificate program that awards basic, intermediate, advanced, supervisory, management, and executive certificates on the basis of a combination of training, education, experience, and other prerequisites, for the purpose of fostering the professionalization, education, and experience necessary to adequately accomplish the general police service duties performed by peace officers. Existing law authorizes the commission to cancel a certificate that was awarded in error or obtained through misrepresentation or fraud, but otherwise prohibits the commission from canceling a certificate that has properly been issued. This bill would require the commission to create a certification program for specified peace officers. The bill would make all records related to the revocation of a peace officer's certification public. This bill would require a peace officer's certificate to be suspended, revoked, or canceled when the person is ineligible to be a peace officer or when the person has been subject to a sustained termination for serious misconduct, as defined, on or after January 1, 2022. The bill would make each law enforcement agency responsible for investigation, findings, and actions by the agency on allegations of serious misconduct and would give the commission access to the agency files. The bill would require the commission to be notified of and to review a peace officer's file after 3 allegations of serious misconduct within 5 years. The bill would establish the Peace Officer Standards Accountability Advisory Board, as specified, to make recommendations on the decertification of peace officers to the commission. The bill would require every law enforcement agency to notify the commission when a peace officer employed by that agency separates from employment. When a peace officer resigns or retires with a pending complaint, charge, or investigation of serious misconduct, the bill would require the law enforcement agency to complete the investigation into the serious misconduct within 90 days and report to the commission whether the complaint of serious misconduct was sustained, not sustained, unfounded, frivolous, or exonerated. The bill would require the commission to refer the files of peace officers whose termination for serious misconduct was sustained to the board to make a recommendation regarding the status of the officer's certificate and would require the commission to accept that recommendation or set forth the analysis and reasons for reaching a different result in writing. (3) Existing law requires law enforcement agencies to consider specified best practices when establishing policies and procedures for downloading and storing data from body-worn cameras, including, among other things, prohibiting the unauthorized use, duplication, or distribution of the data, and establishing storage periods for evidentiary and nonevidentiary data, as defined. This bill would make those requirements applicable to data obtained from unmanned aircraft systems. By imposing new requirements on local agencies, 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, 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.
Existing law requires the sealer of a county to inspect and test weighing and measuring devices, as specified, that are used or sold in the county. Existing law also requires the sealer of a county to weigh or measure packages to determine whether they contain the amount represented, as provided. Existing law, until January 1, 2022, authorizes the board of supervisors of a county, by ordinance, to charge an annual registration fee, not to exceed the county's total cost of actually inspecting or testing weighing and measuring devices required of the county sealer, to recover the costs of the county sealer to perform these duties. Existing law, until January 1, 2022, requires the Secretary of Food and Agriculture to establish by regulation an annual administrative fee to recover reasonable administrative and enforcement costs incurred by the Department of Food and Agriculture for exercising supervision over and performing investigations in connection with the activities performed by county sealers described above, and requires the administrative fee to be collected for every device registered with each county office of weights and measures and paid annually to the Department of Food and Agriculture Fund. This bill would extend the authority of the board of supervisors of a county to charge an annual registration fee to recover the costs of the county sealer, as provided, until January 1, 2027, and would extend certain other related provisions. The bill would also continue the annual administrative fee to recover the costs incurred by the department described above until January 1, 2027.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations and gas corporations. Existing law requires an electrical or gas corporation to develop a program, within the electrical or gas corporation's demand-side management programs authorized by the commission, to provide incentives to a residential or small or medium business customer to acquire energy management technology for use in the customer's home or place of business. This bill would require the commission to monitor the incentive program to ensure that savings generated by the program are equitable and ethical. The bill would also require the commission to annually provide a report to the Legislature with findings and recommendations for this program, including findings and recommendations to ensure that savings generated by the program are equitable and ethical.
Existing law, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure, imposes an excise tax on the purchase of cannabis and cannabis products and a cultivation tax upon a cultivator on harvested cannabis that enters the commercial market, as specified. Existing law requires the California Department of Tax and Fee Administration to administer and collect those taxes. Existing law requires the cannabis retailer to collect the cannabis excise tax from the purchaser and to remit that tax to a distributor, and the distributor is required to remit that tax to the department, as specified. Under existing law, the excise tax is due and payable to the department quarterly on or before the last day of the month following each quarterly period of 3 months. This bill, instead, would authorize a distributor that has not collected the excise tax from the cannabis retailer in the quarter that the cannabis or cannabis product was purchased to remit the tax in the return for the following quarter.
The existing Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission and requires the commission to prescribe, by regulation, standards for minimum levels of operating efficiency to promote the use of energy- and water-efficient appliances whose use requires a significant amount of energy or water on a statewide basis. Existing law requires that the minimum levels of operating efficiency be based on feasible and attainable efficiencies or feasible improved efficiencies that will reduce the energy or water consumption growth rates. Existing law prohibits a new appliance manufactured on or after the effective date of the standards to be sold or offered for sale in the state unless it is certified by the manufacturer thereof to be in compliance with the standards. Existing law requires the commission to administer various programs to improve energy efficiency. This bill would require the commission, by July 1, 2022, to create a 3-year appliance rebate program to provide eligible residential customers of an electric utility or gas utility with monetary incentives to purchase new appliances that meet energy star or similar energy efficiency standards approved by the commission. The bill would limit eligibility for the program to those customers with annual household incomes that are no greater than 200% of the federal poverty guideline levels. The bill would limit rebates to appliances purchased for an eligible customer's primary residence and limit a customer to no more than 3 rebates during the term of the program. The requirements of the bill would become operative upon the appropriation of sufficient funds in the Budget Act to implement the bill's requirements.