This measure would declare California to be in favor of the United States' ratification of the Basel Convention at the earliest opportunity and would request the Biden Administration to accomplish this ratification as a matter of urgency.
Existing law authorizes a city, county, or city and county, with the approval of its legislative body by resolution containing specified findings, after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity, as defined. Existing law requires notice of the hearing to be published in a specified manner and requires the city, county, or city and county to make available a report containing a copy of the proposed acquisition, sale, or lease and a summary that includes, among other things, an explanation of why the acquisition, sale, or lease will assist in the creation of economic opportunity. Existing law provides that these provisions are an alternative to any other authority granted by law to cities to dispose of city-owned property. This bill would authorize the City of Santa Clara to sell or lease property located at 500 Benton Street under the provisions specified above. This bill would provide that these provisions are an alternative to any other authority granted by law to cities, counties, or cities and counties to dispose of property. The bill would authorize the City of Santa Clara, when disposing of the specified property, to utilize these provisions in lieu of other requirements under law for disposing of city-owned property, but would require the city to comply with certain statutory provisions relating to environmental quality prior to selling or leasing the specified property, as applicable. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Santa Clara.
The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income. Existing law, in conformity with the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) , and its subsequent amendments in the Paycheck Protection Program and Health Care Enhancement Act and the Paycheck Protection Program Flexibility Act of 2020, among other things, excludes any amounts of covered loans forgiven under the CARES Act from gross income for purposes of the Personal Income Tax Law and the Corporation Tax Law. Existing law reduces the amount of any credit or deduction otherwise allowed under the Personal Income Tax and the Corporation Tax Law for any amount paid or incurred by the taxpayer upon which this exclusion is based by the amount of the exclusion allowed. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. Existing federal law, the Consolidated Appropriations Act, 2021, prohibits reductions in tax deductions, denials of basis adjustments, and reductions in tax attributes for federal income tax purposes based on the exclusion from gross income provided in the federal CARES Act and its subsequent amendments. This bill would exclude, for taxable years beginning on or after January 1, 2019, from gross income any advance grant amount, as defined, issued pursuant to specified provisions of the CARES Act or the Consolidated Appropriations Act, 2021, and covered loan amounts forgiven pursuant to the Consolidated Appropriations Act, 2021. This bill would adopt, except as provided, the provisions of the Consolidated Appropriations Act, 2021, prohibiting any reduction in tax deductions, denials of basis adjustments, and reductions in tax attributes based on the exclusion from gross income provided for any loan amount forgiven in modified conformity with the federal CARES Act and its subsequent amendments. This bill would provide findings to comply with the additional information requirement for any bill authorizing a new tax expenditure. This bill would also make findings and declarations related to a gift of public funds. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law establishes the Office of Small Business Advocate (CalOSBA) within the Governor's Office of Business and Economic Development, also known as GO-Biz, to advocate for causes of small business and to provide small businesses with the information they need to survive in the marketplace. Existing law prescribes the duties and functions of the Small Business Advocate, who is also the Director of the Office of Small Business Advocate. This bill would establish the California Small Business COVID-19 Relief Grant Program within CalOSBA to assist qualified small businesses affected by COVID-19 through administration of grants. The bill would require CalOSBA to provide grants to qualified small businesses, as defined, in accordance with specified criteria, including geographic distribution based on COVID-19 restrictions, industry sectors most impacted by the pandemic, and underserved small businesses. The bill would repeal these provisions on January 1, 2024. This bill would appropriate $2,075,000,000 from the General Fund to the Golden State Stimulus Emergency Fund to be transferred to the Office of Small Business Advocate for purposes of the program, and would allocate $50,000,000 of those funds for eligible nonprofit cultural institutions, as defined. (2) The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally define "gross income" as income from whatever source derived, except as specifically excluded, and provide various exclusions from gross income. This bill would exclude, for taxable years beginning on or after January 1, 2020, and before January 1, 2030, from gross income specified grant allocations, including grant allocations received by a taxpayer pursuant to a grant program funded by Executive Order No. 20/21-182 and pursuant to the California Small Business COVID-19 Relief Grant Program. The bill would authorize the Franchise Tax Board to adopt regulations that are necessary and appropriate to implement the exclusions, and would provide the Administrative Procedure Act does not apply to any regulation, standard, criterion, procedure, determination, rule, notice, guideline, or any other guidance established or issued by the board pursuant to the exclusions. The bill would also authorize the board to include in audits the grants that are excluded from gross income by the bill's provisions. The bill would set forth procedures for recapturing grant amounts if CalOSBA determines that the grantee has failed to meet the criteria for a qualified small business. (3) This bill would also make findings and declarations related to a gift of public funds. (4) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
(1) Existing law makes certain publications and communications, including certain communications in a legislative proceeding, judicial proceeding, any other official proceeding authorized by law, or in the initiation or course of any other proceeding authorized by law and reviewable pursuant to a writ of mandate, privileged, and therefore protected from civil action, subject to certain exceptions. These exceptions include any communication made in a judicial proceeding knowingly concealing the existence of an insurance policy or policies. This bill would additionally create an exception to the privilege provisions for any communication between a person and a law enforcement agency in which the person knowingly or recklessly makes a false report that another person has committed, or is in the act of committing, a criminal act or is engaged in an activity requiring law enforcement intervention. (2) Existing law, the Ralph Civil Rights Act of 1976, provides that all persons within the jurisdiction of this state have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of political affiliation, or on account of position in a labor dispute, or sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status, or because another person perceives them to have one or more of those characteristics. Existing law provides civil remedies for violations of those provisions. This bill would provide that intimidation by threat of violence includes knowingly or recklessly making or threatening to make a false claim or report to a peace officer or law enforcement agency alleging that another person has engaged in unlawful activity or in an activity that requires law enforcement intervention. (3) Existing law makes it an infraction for a person to knowingly allow the use of or use the 911 emergency system for any reason other than because of an emergency. A violation of this prohibition is punishable by a warning for a first violation and specified, graduated fines for subsequent violations, including a fine of up to $250 for a 4th or subsequent violation. This bill would increase the penalty for a violation of that provision if a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing another. The bill would make a first violation of that prohibition an infraction punishable by a $250 fine or a misdemeanor punishable by up to 6 months in a county jail, a fine of up to $1,000, or both that imprisonment and fine. The bill would make a 2nd or subsequent violation a misdemeanor punishable by up to 6 months in a county jail, a fine of up to $1,000, or both that imprisonment and fine. The bill would also provide that if a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing a person and that act is a hate crime or other, specified crime committed against another person on the basis of the other person's actual or perceived characteristics, including race, religion, gender, or sexual orientation, the crime would be a misdemeanor punishable by up to one year in a county jail, a fine of not less than $500 nor more than $2,000, or both that imprisonment and fine. By increasing the penalty for certain crimes to make them punishable by imprisonment in a county jail, this bill would impose a state-mandated local program. (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 no reimbursement is required by this act for a specified reason.
Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury. This bill would create a division within the Department of Justice to, upon the request of a law enforcement agency, review the use-of-force policy of the agency and make recommendations, as specified. This bill would require a state prosecutor to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as defined. The bill would make the Attorney General the state prosecutor unless otherwise specified or named. The bill would authorize the state prosecutor to prepare a written report, and would require the state prosecutor to post any reports made on a public internet website. The bill would require, commencing July 1, 2023, the Attorney General to operate a Police Practices Division within the department to review, upon the request of a local law enforcement agency, the use of deadly force policies of that law enforcement agency and make recommendations, as specified. The bill would require the department to implement these provisions subject to an appropriation for this purpose.
(1) Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department to, among other things, issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws. This bill would create the Board of Environmental Safety in the California Environmental Protection Agency. The bill would provide requirements for the membership of the board and would require the board to conduct no less than 6 public meetings per year. The bill would provide for the duties of the board, which would include, among others, reviewing specified policies, processes, and programs within the hazardous waste control laws; proposing statutory, regulatory, and policy changes; and hearing and deciding appeals of hazardous waste facility permit decisions and certain financial assurance decisions. The bill would establish an office of ombudsperson in the board to receive complaints and suggestions, to evaluate complaints received, to report findings and make recommendations to the Director of Toxic Substances Control and the board, and to render assistance. (2) Existing law requires the department to prepare and adopt a state hazardous waste management plan with certain elements, to be reviewed annually and revised at least every 3 years. Existing law requires the plan to be prepared in conjunction with, and to take into account, hazardous waste management plans adopted by counties and regional councils of governments. Existing law requires the department to conduct at least 2 public workshops, as provided, as part of the preparation and adoption of the plan. This bill would repeal those requirements and instead require the department, by March 1, 2024, and every 3 years thereafter, to prepare and present to the board for approval a state hazardous waste management plan containing certain information, goals, and recommendations. The bill would require the department, by March 1, 2022, and every 3 years thereafter, to prepare a report containing an analysis of available data related to hazardous waste and hazardous waste management facilities, and would require the state hazardous waste management plan to be based on the information contained in that report and any other relevant source of information. The bill would require the board, before approving the plan, to conduct at least 3 public hearings to receive comments from the public and would require the board and department to consider the comments received and revise the plan as they deem appropriate. (3) Existing law imposes various fees, including a disposal fee, generator fee, and facility fee, that are deposited in the Hazardous Waste Control Account and that, upon appropriation by the Legislature to the department, are authorized to be expended for, among other things, the administration and implementation of the hazardous waste control laws. Existing law establishes the Toxic Substances Control Account in the General Fund and requires that specified funds be deposited in that account, including the charge imposed on organizations that use, generate, store, or conduct activities in this state related to hazardous materials, and penalties imposed pursuant to the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act. Existing law authorizes the appropriation of funds from the Toxic Substances Control Account to the department for specified purposes, including, among other things, site remediation and response costs. This bill would require the Secretary for Environmental Protection to convene a fee task force with specified membership to review the existing fee structure supporting the Hazardous Waste Control Account and the funding structure supporting the Toxic Substances Control Account. The bill would require the Secretary to provide recommendations to the Legislature by January 10, 2022, as part of the Governor's Budget, on a fee system for the Hazardous Waste Control Account and a funding structure for the Toxic Substances Control Account, as provided. (4) Existing law requires a person who disposes of hazardous waste in this state to pay a disposal fee for the disposal of hazardous waste to land, based on the type of waste placed in the disposal site. Existing law imposes, except for certain specified exceptions, a manifest fee for each California Hazardous Waste Manifest form or electronic equivalent used by a person. Existing law authorizes the Department of Toxic Substances Control to impose an annual verification fee on certain generators, transporters, and facility operators that possess a valid identification number issued by the Department of Toxic Substances Control or by the United States Environmental Protection Agency. This bill would repeal the provisions establishing the disposal fee, manifest fee, and verification fee. (5) Existing law requires specified money to be deposited in the Hazardous Waste Control Account, including money from the disposal fee, generator fee, facility fee, and manifest fee, from specified fees for the oversight of corrective action, and from the federal government pursuant to the federal Resource Conservation and Recovery Act of 1976. Existing law authorizes funds deposited in the account to be expended, upon appropriation by the Legislature, for specified purposes, including for the administration and implementation of the hazardous waste control laws, including, but not limited to, for programs regulating specific products, including, among others, metal-containing jewelry, lead wheel weights, and consumer products. This bill, on January 1, 2022, would revise those provisions to require the generation and handling fee to be deposited in the account, as discussed in paragraph (6) , and to authorize other money to be deposited in the account only if that money is for costs at sites that are not operated by authorized hazardous waste facilities, as provided. The bill would prohibit expenditure from the account for hazardous waste regulatory activities at sites operated by an authorized hazardous waste facility and for other specified programs regulating specific products under the hazardous waste control laws. The bill would additionally authorize expenditure from the account to the department for costs incurred by the Board of Environmental Safety, as provided. The bill would make other conforming changes. The bill, on January 1, 2022, would establish the Hazardous Waste Facilities Account in the Hazardous Waste Control Account, to be administered by the Director of Toxic Substances Control. The bill would require specified money for costs at sites operated by authorized hazardous waste facilities to be deposited in the Hazardous Waste Facilities Account, as provided. The bill would authorize expenditure from the account, upon appropriation by the Legislature, for specified purposes relating to hazardous waste regulatory activities at sites operated by an authorized hazardous waste facility or related to the owner or operator of an authorized hazardous waste facility, as provided. (6) Existing law requires a generator of hazardous waste who generated 5 or more tons of hazardous waste in the prior calendar year to pay a generator fee, pursuant to a tiered payment structure, based on a specified base rate. Existing law authorizes the California Department of Tax and Fee Administration to annually adjust the base rate to reflect the increase or decrease in the cost of living, as provided. Existing law provides certain exemptions to the generator fee. Existing law requires the generator fee to be deposited in the Hazardous Waste Control Account. Existing law requires the department, upon appropriation by the Legislature, to pay refunds to generators from surplus funds in the Hazardous Waste Control Account, as provided. This bill would repeal the generator fee and would instead require a generator to pay to the California Department of Tax and Fee Administration a generation and handling fee of $35.50 for each ton of hazardous waste generated. The bill would require the generation and handling fee to be deposited in the Hazardous Waste Control Account. The bill would not extend certain generator fee exemptions to the generation and handling fee. The bill would repeal the provision requiring the department to provide refunds to generators from surplus funds in the Hazardous Waste Control Account. Because the failure to pay the generation and handling fee would be a crime, the bill would impose a state-mandated local program. (7) Existing law requires an operator of a hazardous waste facility to pay a facility fee for each reporting period, or any portion of a reporting period, to the California Department of Tax and Fee Administration based on the size and type of the facility. Existing law sets the amount of the facility fee in a flat amount for facilities with a postclosure permit or a standardized permit and sets the facility fee for all other facilities pursuant to a tiered payment structure, based on a specified base rate. Existing law requires the California Department of Tax and Fee Administration to annually adjust the base rate to reflect the increase or decrease in the cost of living, as provided. Existing law provides certain exemptions to the facility fee, including, among others, for household hazardous waste collection facilities and facilities operated by a local government agency. Existing law requires the facility fee to be deposited in the Hazardous Waste Control Account. This bill would increase the base rate and revise the tiered payment structure for the facility fee, as provided. The bill would require the facility fee to be deposited in the Hazardous Waste Facilities Account, instead of the Hazardous Waste Control Account. The bill would eliminate certain exemptions to the facility fee, as provided. By eliminating certain exemptions to the facility fee, of which the failure to pay would be a crime, the bill would impose a state-mandated local program. (8) Existing law requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the department. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. Existing law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances. This bill would require the department to review, at least once every 5 years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of financial assurances required. If the department's review finds that the cost estimates forming the basis for the financial assurances for a facility are inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to provide an updated cost estimate and establish financial assurance mechanisms for the approved revised cost estimate amounts within 60 days of the department's approval of the revised cost estimate. (9) Existing law requires an owner or operator of a facility intending to renew the facility's permit to submit a complete Part A application for a permit renewal before the expiration of the permit. Existing law requires the owner or operator to submit a complete Part B application when requested by the department. Existing law, when a complete Part A renewal application, and any other requested information, has been submitted before the end of a permit's fixed term, deems the permit extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal. Existing law requires the department to issue a permit if the facility meets specified requirements. Existing law provides for the issuance of standardized hazardous waste facilities permits in lieu of other specified permit procedures under prescribed circumstances. This bill would require the department to issue a permit decision within specified deadlines, as discussed below. If the department has not issued a final permit decision by the applicable deadline, the bill would require the department to, among other things, issue a report, to be released publicly, that includes the reasons why the final permit decision was not made on time and a proposed schedule for issuing the final permit decision. The bill would require the department, after preparation of a report, to do certain things, including requesting that the board schedule a hearing for the department to present the report. The bill would require, for a hazardous waste facilities permit that will expire before January 1, 2024, the owner or operator of a facility intending to extend the term of that permit to submit a Part A and Part B application for a permit renewal at least 180 days before the fixed term of the permit expires. The bill would require, for a hazardous waste facilities permit that will expire on or after January 1, 2024, the owner or operator to submit a Part A and Part B application for a permit renewal at least 2 years before the fixed term of the permit expires. The bill would provide that, if a Part A and Part B renewal application and any other requested information has been submitted in accord with these requirements, the permit is deemed extended until the application is approved and the new permit is effective or denied and all parties have exhausted all applicable rights of appeal. The bill would require the department, no later than 90 days after receiving an application for a hazardous waste facilities permit, to post on its internet website a timeline with the estimated dates of key milestones in the application review process, to note on its internet website that these dates are estimates, and to update the dates as needed. The bill would require the department, on or before March 31, 2021, to post a timeline with those estimated dates for a hazardous waste facility permit application under review as of January 1, 2021. (10) Existing law requires an applicant for a final hazardous waste facilities permit who receives a notice of deficiency from the department concerning the permit application to submit the information specified in the notice of deficiency by a specified date. The bill would require that an applicant not be required to submit a full application, but only that information that is required within the department's notice of deficiency, when submitting information pursuant to a notice of deficiency. The bill would require the department to review the information and determine if it is complete within 60 days of receipt of the information. (11) Existing law requires the department, in the case of a release of hazardous waste or hazardous waste constituents into the environment from a hazardous waste facility that is required to obtain a permit, to pursue available remedies, including the issuance of an order for corrective action, before using available legal remedies, except in specified circumstances. A violation of the hazardous waste control law is a crime. This bill would require the department, under specified circumstances, to request an owner or operator of a hazardous waste facility to submit to the department for review and approval a written cost estimate to cover activities associated with a corrective action based on available data, history of releases, and site activities, as specified. The bill would require the owner or operator to submit the corrective action cost estimate within 60 days of the department's request. The bill would require the owner or operator, within 90 days of the approval of a corrective action cost estimate, as specified, to fund the cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action. The bill would establish procedures for an owner, operator, or responsible party to demonstrate and maintain financial assurance under specified circumstances. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. (12) Existing law requires a person who applies for, or requests, among other things, a hazardous waste facilities permit or a renewal of an existing hazardous waste facilities permit, to enter into a written agreement with the department to reimburse the department for the costs incurred by the department in processing the application or responding to the request, as provided. Existing law requires that agreement, except for an agreement entered into by a facility owned by a federal agency, to provide for at least 25% of the reimbursement to be made in advance of the processing of the application or the response to the request. This bill would additionally exempt from that requirement relating to advanced reimbursement an agreement entered into by a facility operated by a federal agency. (13) 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 Foster Youth Services Coordinating Program, under the administration of the Superintendent of Public Instruction, to provide supplemental funding to county offices of education, or a consortium of county offices of education, to coordinate and ensure that local educational agencies within its jurisdiction are providing services to foster youth pupils pursuant to a foster youth services coordinating plan with the purpose of ensuring positive educational outcomes. As part of the program, existing law authorizes a county office of education, or a consortium of county offices of education, to apply to the Superintendent for grant funding to operate an education-based foster youth services coordinating program. As a condition of receiving funds, existing law requires a program to develop and implement a foster youth services plan that includes, among other things, a description of how the local program will facilitate coordination with local postsecondary educational institutions to ensure foster youth pupils meet admission requirements and access programs that support their matriculation needs. This bill would require the plan to also describe how the program will coordinate efforts to ensure, to the extent possible, the completion of the Free Application for Federal Student Aid or the California Dream Act Application for foster youth pupils who are in grade 12. Existing law requires the Superintendent, by July 1 of each even-numbered year, to report to the appropriate policy and fiscal committees of the Legislature and the Governor on the Foster Youth Services Coordinating Program. Existing law requires the report to include aggregate educational outcome data for each county in which there were at least 15 pupils in foster care who attended school in the county with information on, among other things, the number of participating foster youth pupils who successfully transition to postsecondary education. This bill would require the report to also include the number and percentage of pupils in foster care who successfully complete a Free Application for Federal Student Aid or California Dream Act Application while in grade 12.
Existing law provides for the creation by local ordinance, or by ministerial approval if a local agency has not adopted an ordinance, of accessory dwelling units to allow single-family or multifamily dwelling residential use in accordance with specified standards and conditions. This bill would require the Treasurer, within 6 months of the effective date of these provisions, to develop the Help Homeowners Add New Housing Program with the purpose of assisting homeowners, as defined, in qualifying for loans to construct additional housing units on their property, including accessory dwelling units and junior accessory dwelling units. The bill would, with regard to the development of the program, require the Treasurer to consult with the California Housing Financing Agency and the Department of Housing and Community Development and would authorize the Treasurer to consult with private lenders. The bill would require the program to be developed to provide partial loan guarantees and other credit enhancements for homeowners in order to induce private lenders to issue loans for the construction of additional dwelling units, as specified. The bill would require the state to partner with private lenders with a history of originating federally backed construction loans or loans for accessory dwelling units and require originating lenders to retain a specified amount of risk determined by the Treasurer. The bill would require the Treasurer to develop minimum criteria for homeowners and originating lenders to participate in the program, as specified. The bill would require the Treasurer to establish a premium, fee, and interest structure to adequately cover the risk of loan defaults and the actual operating costs of the program, and would require those moneys to be deposited into the Help Homeowners Add New Housing Account. Existing law establishes the California Housing Finance Fund and continuously appropriates all money in the fund to the California Housing Finance Agency for purposes of financing the various programs that it administers. The bill would establish the Help Homeowners Add New Housing Account within the California Housing Finance Fund and specify that the moneys in the account are continuously appropriated for purposes of the program. The bill would require the agency, in coordination with the Treasurer, to issue revenue bonds in a principal amount determined by the Treasurer to be necessary to provide sufficient funding for the purposes of the program, as specified. The bill would specify that the bonds do not constitute a debt or liability of the state or of any political subdivision thereof, as specified.
