Sen. Joseph Simitian

Existing law requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and requires a summary of that report to be sent to the patient within a specified time period. This bill, from April 1, 2013, until January 1, 2019, would require, under specified circumstances, a health facility at which a mammography examination is performed to include in the summary of the written report that is sent to the patient a prescribed notice on breast density.

Personal Income Tax Law allows taxpayers, until January 1, 2013, to designate on their tax returns that a specified amount in excess of their tax liability be contributed to the California Breast Cancer Research Fund. This bill would extend the operation of those provisions until January 1, 2018. The Personal Income Tax Law allows taxpayers to designate on their tax returns that a specified amount in excess of their tax liability be contributed to the California Cancer Research Fund. Existing law provides that these provisions are repealed on either January 1 of the 5th taxable year following the taxable year the fund first appears on the personal income tax return or on January 1 of an earlier taxable 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. This bill would instead provide that these provisions are repealed on either January 1, 2018, or on January of an earlier taxable year, if the Franchise Tax Board estimates that the annual contribution amount will be less than the amounts described above.

Existing law requires the Commission on Teacher Credentialing to establish standards and to determine the terms for the issuance and renewal of teaching credentials, certificates, and permits, as specified. This bill would authorize the commission to convene a workgroup consisting of specified members to develop program standards for the issuance of a recognition of study in transitional kindergarten, as defined, for holders of a multiple subject teaching credential who will be teaching pupils enrolled in transitional kindergarten, as defined, and would authorize the commission to add a recognition of study in transitional kindergarten to the multiple subject teaching credential of a teacher who meets the established standards. The bill would authorize the commission to work with the Superintendent of Public Instruction to gather and post, on an appropriate Internet Web site, best practices from school districts and schools on curriculum development and professional development relating to implementing and sustaining transitional kindergarten programs. The bill also would provide that the holder of a multiple subject teaching credential who has received a recognition of study in transitional kindergarten is not authorized to teach English learners, except as specified, and that a recognition of study in transitional kindergarten is not considered a type of authorization, cannot be used as a condition of employment, does not replace subject matter competence requirements, and cannot be used in making employment decisions relating to reductions in employee positions. The bill would require the commission to use private funds to support the development of the recognition of study in transitional kindergarten and would prohibit the use of General Fund moneys for this purpose. The bill would require the workgroup to be convened only after the Department of Finance determines, and files a written statement with specified persons, that private funds have been deposited with the state, as specified.

(1) Existing law, until January 1, 2014, prohibits, if the Administrator of the United States Environmental Protection Agency approves an application to prohibit the release of sewage from large passenger vessels or if the State Water Resources Control Board determines that an application is not necessary, an owner or operator of a large passenger vessel from releasing, or permitting another to release, sewage from the vessel into the marine waters of the state. Existing law requires, until January 1, 2014, the owner or operator to notify the California Emergency Management Agency immediately, but not longer than 30 minutes, after the discovery of a release of sewage from a large passenger vessel into the marine waters of the state or a marine sanctuary. Existing law requires the owner or operator to notify the agency immediately, but not longer than 30 minutes, after the discovery of a release of graywater from a large passenger vessel into the marine waters of the state. Existing law imposes on a person who violates the prohibition a civil penalty of not more than $25,000 for each violation. This bill would extend the prohibition and notification requirement indefinitely. The bill would expand the prohibition to sewage releases into a marine sanctuary. The bill would additionally require the owner or operator of a large passenger vessel to notify the agency upon the discovery of a release of graywater into a marine sanctuary. (2) Existing law prohibits the owner or operator of a large passenger vessel or an oceangoing ship with sufficient holding tank capacity from releasing, or permitting anyone to release, from the vessel, graywater into the marine waters of the state. The bill would additionally prohibit the owner or operator of a large passenger vessel or an oceangoing ship with sufficient holding tank capacity from releasing, or permitting anyone to release, from the vessel, graywater into a marine sanctuary. (3) Existing law prohibits an owner or operator of a large passenger vessel or oceangoing ship from releasing or permitting anyone to release specified substances from the vessel or ship into the marine waters of the state or a marine sanctuary. Existing law excludes from those requirements a large passenger vessel or oceangoing ship that operates in the marine waters of the state, as that term is defined, solely in innocent passage and discharges made for the purpose of securing the safety of the vessel or ship or saving life at sea if specified precautions are taken. The act provides that for purposes of that exclusion, a vessel is engaged in innocent passage if its operation in the marine waters of the state would constitute innocent passage under specified conventions. For purposes of the exclusion provision, the bill would replace the reference to a "vessel" with reference to a "large passenger vessel or oceangoing ship." The bill would also define the term "marine waters of the state" to mean waters within the area bounded by the mean high tide line to the 3-mile state waters limit, from the Oregon border to the Mexican border, for purposes of provisions relating to the operation of a large passenger vessel or an oceangoing ship with sufficient holding tank capacity.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency's action on the grounds of noncompliance with CEQA. This bill would require, until January 1, 2016, the lead agency, at the request of a project applicant for specified projects, to, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, EIRs or other environmental documents for specified projects. Because the bill would require a lead agency to prepare the record of proceedings as provided, this bill would impose a state-mandated local program. The bill would require, for a lead agency that is a state agency, the consent of the state agency for the concurrent preparation of the record of proceedings. (2) 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. (3) This bill would not become operative unless AB 1570 of the 2011–12 Regular Session of the Legislature is enacted on or before January 1, 2013.

(1) Existing law creates the California renewables portfolio standard program (RPS program) and the Renewable Energy Resources Program to increase the amount of electricity generated per year from eligible renewable energy resources, as defined. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the State Energy Resources Conservation and Development Commission (Energy Commission) , by June 30, 2011, is required to study and provide a report to the Legislature that analyzes run-of-river hydroelectric generating facilities, as defined, in British Columbia, including whether these facilities are, or should be, included as renewable electrical generation facilities for purposes of the Renewable Energy Resources Program administered by the Energy Commission or eligible renewable energy resources for purposes of the RPS program. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Energy Commission, among other things, is required to adopt regulations specifying procedures for enforcement of the RPS requirements by July 1, 2011. Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session, the Public Utilities Commission (PUC) , by July 1, 2011, is required to determine the effective load carrying capacity of wind and solar energy resources on the electrical grid. This bill would extend the compliance date for these corresponding reporting and regulatory requirements, as provided. (2) Effective on the 91st day after the adjournment of the 2011–12 First Extraordinary Session,the PUC, in consultation with the Energy Commission, is required to report to the Legislature by January 1 of every even-numbered year on (A) the progress and status of procurement activities by each retail seller, (B) the status of permitting and siting eligible renewable energy resources and transmission facilities necessary to supply electricity generated to load, (C) the projected ability of electrical corporations to meet the RPS program procurement requirements under a cost limitation established by the PUC and any recommendations for revisions to those cost limitations, and (D) barriers to, and policy recommendations for, achieving the renewables portfolio standard established pursuant to the RPS program. This bill would delete the requirement that the PUC report on the projected ability of electrical corporations to meet the RPS program procurement requirements under a cost limitation established by the PUC and any recommendations for revisions to those cost limitations, and would require that the first report be made on January 1, 2014. (3) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,the PUC is required to establish the quantity of electricity products from eligible renewable energy resources, as defined, to be procured by each retail seller, as defined, for specified compliance periods, sufficient to ensure that the procurement of electricity products from eligible renewable energy resources achieves 20% of retail sales for the period January 1, 2011, to December 31, 2013, 25% of retail sales by December 31, 2016, and 33% of retail sales by December 31, 2020, and in all subsequent years. The PUC is required to establish the quantity of electricity products to be procured by the retail seller for each compliance period by January 1, 2012. The RPS program, consistent with the goals of procuring the least-cost and best-fit eligible renewable energy resources that meet project viability principles, requires that all retail sellers procure a balanced portfolio of electricity products from eligible renewable energy resources, as specified. The RPS program requires the PUC to direct each electrical corporation to annually prepare a renewable energy procurement plan containing specified matter and an annual compliance report. This bill would require the PUC to establish the quantity of electricity products to be procured by the retail seller for each compliance period by June 1, 2012, and require that the compliance report be submitted at least annually. (4) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,an eligible renewable energy resource is defined for the purposes of the RPS program to include a small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts that is operated as part of a water supply or conveyance system, if the retail seller or local publicly owned electric utility procured the electricity from the facility as of December 31, 2005. This bill would instead make a small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts an eligible renewable energy resource if a retail seller or local publicly owned electric utility operates the facility to supply or convey water to its customers and procured the electricity from the facility as of December 31, 2005. (5) Effective on the 91st day after the adjournment of the First Extraordinary Session of the 2011–12 Session,the governing board of a local publicly owned electric utility, as defined, is required to adopt a program for the enforcement of the RPS program on or before January 1, 2012. This bill would extend this deadline until January 1, 2013. (6) The California Global Warming Solutions Act of 2006 (the act) , establishes the State Air Resources Board (state board) as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. The act requires the state board to adopt a statewide greenhouse gas emissions limit, as defined, to be achieved by 2020, equivalent to the statewide greenhouse gas emissions levels in 1990. The state board is required to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions. This bill would prohibit the state board from adopting any requirement for the procurement of eligible renewable energy resources by a retail seller or local publicly owned electric utility. (7) This bill would incorporate additional changes in Section 399.30 of the Public Utilities Code, proposed by AB 1391, to be operative only if AB 1391 and this bill are both chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. CEQA requires a lead agency to provide to, among others, an organization or individual who has filed a written request a notice of at least one scoping meeting for projects of statewide, regional, or areawide significance. This bill would additionally require the lead agency to provide the above notice to a public agency that has filed a written request for the notice, thereby imposing a state-mandated local program. (2) CEQA requires that notices regarding a lead agency determination to require an EIR or other actions taken pursuant to that act be mailed to every person who files a written request. This bill would additionally require a notice of completion of an EIR by a public agency to be mailed upon request, thereby imposing a state-mandated local program by imposing new duties upon local agencies. (3) CEQA requires the State Clearinghouse to provide to a legislator in whose district a project has an environmental impact the notice of completion of an EIR on the project if the legislator requests the notice and the State Clearinghouse has received the notice. This bill would instead require the State Clearinghouse to provide a notice of a determination by a lead agency that an EIR is required for a project and a notice of completion of an EIR by a public agency if the legislator requests the notice and the State Clearinghouse has received the requested notice. (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.

(1) The Ralph M. Brown Act requires that all meetings of a legislative body, as defined, of a local agency be open and public and all persons be permitted to attend unless a closed session is authorized. The Bagley-Keene Open Meeting Act requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend. This bill would expressly state that a charter school is subject to the Ralph M. Brown Act, unless it is operated by an entity governed by the Bagley-Keene Open Meeting Act, in which case the school would be subject to the Bagley-Keene Open Meeting Act. (2) The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless the records are exempt from disclosure. This bill would expressly state that a charter school is subject to the California Public Records Act. (3) Existing law prohibits certain public officials, including, but not limited to, members of governing boards of school districts and citizens' oversight committees, from engaging in specified activities that are inconsistent or incompatible with, or inimical to, their duties as public officials, including, but not limited to, entering into a contract in which the official or the official's family member has a financial interest, as specified. This bill would expressly state that a charter school is subject to these provisions. (4) The Political Reform Act of 1974 requires every state agency and local governmental agency to adopt a conflict-of-interest code, formulated at the most decentralized level possible, that requires designated employees of the agency to file statements of economic interest disclosing any investments, business positions, interests in real property, or sources of income that may foreseeably be affected materially by any governmental decision made or participated in by the designated employee by virtue of his or her position. This bill would expressly state that a charter school is subject to the Political Reform Act of 1974. (5) This bill would state various exceptions and clarifications regarding the applicability of the acts described above in paragraphs (1) to (4) , inclusive. (6) Existing law requires a member of the governing board of a school district to abstain from voting on personnel matters that uniquely affect a relative of the member. This bill would provide that an employee of a charter school is not disqualified from serving as a member of the governing body of the charter school because of that employment status. The bill would require a member of the governing body of a charter school to abstain from voting on, or influencing or attempting to influence another member of that body regarding, any matter affecting his or her own employment or any personnel matter that uniquely affects a relative of the member. The bill would provide that a person who provides a loan to a charter school due to a school fiscal emergency, or who leases, or signs a guarantor agreement relative to the lease of, real property to be occupied by a charter school, is not disqualified because of that loan, lease, or guarantor agreement from also serving as a member of the governing body of the charter school or being an employee of the charter school and would require that person to abstain from voting on, or influencing or attempting to influence another member of that body regarding, all matters affecting the loan agreement or the real property lease agreement, as applicable. (7) The bill would make these provisions operative on July 1, 2012.

Existing law establishes the Office of Education and the Environment in the Department of Resources Recycling and Recovery (CalRecycle) to implement the statewide environmental educational program and requires the office, in cooperation with the State Department of Education and the State Board of Education, to develop and implement a unified education strategy on the environment for elementary and secondary schools in the state. Existing law requires the office to develop a model environmental curriculum incorporating certain environmental principles and to submit the model curriculum for consideration and approval, as prescribed. This bill would expressly authorize the office to revise the model curriculum, as needed, and would provide for the review of and comment on a revision. Existing law requires the State Department of Education to make the curriculum available electronically and requires the California Environmental Protection Agency to assume the costs associated with the printing of the approved model curriculum. This bill would instead require CalRecycle to make the curriculum available electronically and would delete the requirement with regard to the assumption of those costs. The bill would require CalRecycle to coordinate with specified state agencies to facilitate use of the model environmental curriculum and would authorize CalRecycle and those state agencies to collaborate with other specified entities to implement the program. Existing law establishes the Environmental Education Account in the State Treasury and authorizes the California Environmental Protection Agency to expend the moneys in the account, upon appropriation by the Legislature, for purposes of the program. Existing law authorizes the California Environmental Protection Agency to enter into an agreement with an external fiscal agent with regard to contributions received for the purpose of the program, until January 1, 2013, and requires an annual report to the Legislature in this regard. This bill would instead authorize CalRecycle to expend the funds in the account and would repeal the authorization for the agreement with an external fiscal agent.

(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency's action on the grounds of noncompliance with CEQA. This bill would specify, until January 1, 2016, the types of projects for which an applicant can request the lead agency to, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, EIRs, or other environmental documents for specified projects. Because the bill would require a lead agency to prepare the record of proceedings, as provided, this bill would impose a state-mandated local program. (2) This bill would provide that the above provision would not become operative unless SB 984 of the 2011–12 Regular Session of the Legislature is enacted on or before January 1, 2013. (3) 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.