Existing law provides for the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to authorize or permit exclusive or preferential use of highway lanes for high-occupancy vehicles (HOVs) . Existing law authorizes the development and implementation of high-occupancy toll (HOT) lanes under limited circumstances, pursuant to which vehicles that do not meet the vehicle occupancy requirements for use of an HOV lane may use the lane upon payment of a toll. This bill would provide that a vehicle that meets the applicable occupancy level for a high-occupancy vehicle for use of an HOV lane, including a HOT lane, shall not be charged a toll. The bill would also provide that an increase in the vehicle occupancy level for an HOV lane may only be implemented if the department determines that the change will maximize person throughput with respect to the affected highway. The bill would require the department to obtain the approval of the applicable transportation planning agency and report to the Legislature before implementing the change.
Sponsored bills
Existing law establishes the State Water Resources Control Board as a state agency with authority to administer the water resources of the state. Existing law authorizes the board to investigate all streams, stream systems, lakes, or other bodies of water, take testimony relating to the rights to water or the use of water, and ascertain whether water filed upon or attempted to be appropriated is appropriated under the laws of the state. Existing law requires the board to take appropriate actions to prevent waste or the unreasonable use of water. This bill would require the board, by January 1, 2012, to identify all parties, including public and private parties, that benefit from waters originating in the Sacramento-San Joaquin Delta watershed and whose activities impact the Delta watershed. The bill would also require the board, by that date, to develop a process for determining the degree of responsibility attributable to each of the identified parties for physical and environmental impacts on the Delta. Under existing law, the Department of Water Resources is required to update a coordinated plan for the conservation, development, and utilization of state water resources known as the California Water Plan, on or before December 31, 2003, and every 5 years thereafter, and to include in the plan update a discussion of various strategies, including, but not limited to, those relating to the development of new water storage facilities, water conservation, water recycling, desalination, conjunctive use, and water transfers that may be pursued in order to meet the future water needs of the state. This bill would require the department, as a part of its update of the California Water Plan, commencing with the update that is due on or before December 31, 2013, and every 5 years thereafter, to identify the infrastructure needs for the state, by hydrologic region, over the next 30 years, estimate the expected costs of associated environmental mitigation and restoration projects over the next 30 years, propose a policy for assigning funding responsibilities to beneficiaries of water resources investments and a financing strategy for funding responsibilities proposed to be assigned to the state, and identify certain related information.
(1) The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement System (PERS) , which provides a defined benefit to its members based on age at retirement, service credit, and final compensation. PERL defines "final compensation" for purposes of calculating a member's retirement allowance. The State Teachers' Retirement Law (STRL) and the retirement laws for county employees and city employees also provide for a defined benefit based on age at retirement, service credit, and final compensation. This bill would provide that any change in salary, compensation, or remuneration principally for the purpose of enhancing a member's benefits would not be included in the calculation of a member's final compensation for purposes of determining that member's defined benefit. The bill would generally require the board of each state and local public retirement system to establish, by regulation, accountability provisions that would include an ongoing audit process to ensure that a change in a member's salary, compensation, or remuneration is not made principally for the purpose of enhancing a member's retirement benefits. This bill would revise the definition of "creditable compensation" and would limit the calculation of a member's final compensation to an amount not to exceed the average increase in compensation received within the final compensation period and the 2 preceding years by employees in the same or a related group as that member. This bill would also provide that a person who retires on or after January 1, 2012, may not perform services for any employer covered by a state or local retirement system until that person has been separated from service for a period of at least 180 days. This bill would provide for the implementation of these required changes under the laws that govern PERS and STRL. (2) The Defined Benefit Supplement Program under STRL provides supplemental retirement, disability, final, and termination benefits, payable either in a lump-sum payment or as an annuity, to members receiving benefits under the Defined Benefit Program of the State Teachers' Retirement Plan. This bill would provide that member and employer contributions credited to the Defined Benefit Supplemental Program would include remuneration earnable within a 5-year period in excess of 125% of that member's compensation earnable in the year prior to that 5-year period. This bill would provide, in the case of a member who retires on or after January 1, 2012, and who elects to receive his or her retirement benefit under the Defined Benefit Supplemental Program as a lump-sum payment, that the lump-sum payment would not be payable until 180 days have elapsed following the effective date of the member's retirement. (3) This bill includes Legislative findings expressing the public purpose that would be served by the enactment of this bill. This bill would, except as otherwise specified, provide that its provisions would become operative on July 1, 2011. This bill would further provide that it would only become operative if AB 1987 of the 2009–10 Regular Session is also enacted and takes effect on or before January 1, 2011.
The California Constitution conditions the imposition of a special tax by a city, county, or special district upon the approval of 23 of the voters of the city, county, or special district voting on that tax, and prohibits these entities from imposing an ad valorem tax on real property or a transactions or sales tax on the sale of real property. This measure would alternatively condition the imposition, extension, or increase of a parcel tax, as defined, by a school district, community college district, or county office of education upon the approval of 55% of its voters voting on the proposition, if the proposition meets specified requirements. This measure would also make conforming changes to related provisions.
Existing law, the California Beverage Container Recycling and Litter Reduction Act (act) , requires a distributor to pay a redemption payment of $0.04 for every beverage container sold or offered for sale in the state to the Division of Recycling in the Department of Resources Recycling and Recovery. Existing law requires the department to review the fund and authorizes the department to eliminate expenditures, upon making a certain determination, on or before 180 days, but not less than 90 days after a specified notice is sent to the Legislature. This bill would change the amount of time when the department is authorized to eliminate those expenditures to on or before 180 days, but not less than 80 days after the date when that notice is sent and would make a conforming change regarding the review of the fund.
(1) Existing law authorizes the Department of Toxic Substances Control to allow a household hazardous waste collection facility to accept hazardous waste in specified amounts from a conditionally exempt small quantity generator (CESQG) . A violation of the hazardous waste control laws is a crime. This bill would additionally prohibit a household hazardous waste collection facility that is authorized by the department to accept hazardous waste from a CESQG from accepting more than 1000 kilograms of recyclable latex paint. The bill would also make a clarifying revision to the definition of CESQG. Since a violation of the bill's prohibition would be a crime pursuant to other provisions of the hazardous waste control law, the bill would impose a state-mandated local program. (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.
Existing law creates the California Integrated Waste Management Board with specified powers and duties. Chapter 21 of the Statutes of 2009, which will go into effect on January 1, 2010, will abolish the California Integrated Waste Management Board and transfer its duties and responsibilities to the Department of Resources Recycling and Recovery, which Chapter 21 of the Statutes of 2009 will create in the Natural Resources Agency, under the direction of an executive officer known as the Director of Resources Recycling and Recovery. Chapter 21 of the Statutes of 2009 will authorize the director to accept on behalf of the department federal grants, and will require the grants to be deposited in the Special Deposit Fund, which is continuously appropriated. Under existing law, the Department of Conservation administers the California Beverage Container Recycling and Litter Reduction Act. Chapter 21 of the Statutes of 2009 will transfer those duties to the Division of Recycling that Chapter 21 of the Statutes of 2009 will establish within the newly created Department of Resources Recycling and Recovery. Existing law establishes the Office of Education and the Environment in the California Integrated Waste Management Board. Chapter 21 of the Statutes of 2009 will transfer the Office of Education and the Environment to the California Environmental Protection Agency. This bill would delay the operative date of the changes made by Chapter 21 of the Statutes of 2009 to January 1, 2011.
Pursuant to existing law, the federal Department of Transportation has adopted regulations, that became effective April 29, 2010, requiring air carriers, as defined, to do all of the following: (1) adopt contingency plans for lengthy tarmac delays that include specified passenger services and to publish those plans on their Internet Web site, (2) adopt a customer service plan that addresses specified matter and audit compliance with the plan, and (3) designate Advocates for Passengers' Interests and inform consumers how to file a complaint about scheduled service, acknowledge receipt of each complaint, and send a substantive response to each complainant. The regulations make an air carrier's failure to comply with its contingency plan for lengthy tarmac delays an unfair and deceptive practice subject to enforcement by the department. The regulations additionally make unrealistic scheduling of flights and the holding out of certain chronically delayed flights an unfair and deceptive practice and an unfair method of competition. Existing law requires the Public Utilities Commission to require every commercial air operator, as defined, to procure, and continue in effect, adequate protection against liability for personal bodily injuries and property damage as a result of an accident, that may be imposed by law upon the operator and upon any person using, operating, or renting an aircraft, as defined, with the permission of the operator. This bill would require, whenever passengers have boarded an aircraft, as defined, and departure of the aircraft from the airport, as defined, is delayed by more than 2 hours, or more than 2 hours have passed following landing of the aircraft and passengers have not disembarked from the aircraft, that the air carrier, as defined, provide passengers, as needed, with (1) electrical service that is sufficient to provide the passengers with fresh air and light, (2) waste removal service in order to service the holding tanks for onboard restrooms, and (3) adequate food and drinking water and other refreshment. This bill would require an air carrier to provide clear and conspicuous notice regarding passenger or consumer complaint contact information. The bill would authorize the commission to levy a civil penalty of up to $27,500 per passenger upon an air carrier for violation of the above-described requirements, if the federal Department of Transportation no longer has the authority to levy fines pursuant to its above-described regulations, along with interest upon any unpaid and delinquent penalty, and requires the commission to pay any moneys collected through the levy into the General Fund. The commission would be required to notify the Department of Finance and the relevant policy and fiscal committees of the Legislature if it determines the federal Department of Transportation no longer has the authority to levy fines and conditions the commission's exercise of its enforcement authority upon the Legislature making an appropriation for that purpose.
(1) Existing law requires that a child be admitted to kindergarten at the beginning of a school year, or at any time later in the same year if the child will have his or her 5th birthday on or before December 2 of that school year. An elementary school is required to admit a child to the first grade during the first month of a school year if the child will have his or her 6th birthday on or before December 2 of that school year. This bill would change the required birthday for admission to kindergarten and first grade to November 1 for the 2012–13 school year, October 1 for the 2013–14 school year, and September 1 for the 2014–15 school year and each school year thereafter, and would require a child whose admission to a traditional kindergarten is delayed to be admitted to a transitional kindergarten program, as defined. The bill would require pupils who are participating in transitional kindergarten to be included in computing the average daily attendance of a school district in accordance with specified requirements. To the extent those changes establish new administrative duties on the governing boards of school districts in implementing the changes, they would impose a state-mandated local program. (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, 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 these statutory provisions.
(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 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 allows a lead agency to use a tiered environmental impact report when a prior environmental impact report has been prepared and certified for a program, plan, policy, or ordinance and a later project meets certain requirements. Existing law provides that the report on the later project is not required to examine those effects that the lead agency determines were, among other things, examined at a sufficient level of detail in the prior environmental impact report. This bill, until January 1, 2016, would provide that if a lead agency determines that a cumulative effect has been adequately addressed in a prior environmental impact report, in accordance with a specified procedure, that cumulative effect is not required to be examined in a later environmental impact report, mitigated negative declaration, or negative declaration. (2) CEQA imposes requirements for an attempted settlement upon a public agency that has been served a petition or complaint for noncompliance with CEQA. CEQA provides that the settlement meeting is intended to be conducted concurrently with any judicial proceedings. Existing law also provides that an action brought in a superior court relating to certain subjects, including an act or decision of a public agency made pursuant to CEQA, may be subject to a mediation proceeding. Existing law specifies procedures for bringing an action under CEQA for noncompliance with that act. An organization formed after the approval of a project is allowed to maintain an action for noncompliance if a member of that organization has presented the alleged grounds for noncompliance to the public agency in a specified manner. This bill, until January 1, 2016, would provide that a mediation proceeding also is intended to be conducted concurrently with any judicial proceedings. This bill, until January 1, 2016, would authorize a person wishing to bring an action or proceeding pursuant to CEQA to file with the lead agency and the real party in interest a notice requesting mediation within 5 business days from the date of the filing of a notice of determination occurring on or after July 1, 2011. The bill would provide that the notice for mediation is deemed to be denied if the lead agency fails to respond within 5 business days of receiving the request for mediation. The bill would authorize a court to impose a penalty on a party making a frivolous claim in the course of an action brought under CEQA on or before December 31, 2015. This bill, until January 1, 2016, additionally would require a member of that organization to have objected to the approval of the project orally or in writing. This bill, until January 1, 2016, also would authorize the Attorney General to file a motion with the court seeking an expedited schedule for resolution of an action or proceeding alleging noncompliance. This bill would make conforming changes. (3) This bill would incorporate additional changes to Section 21094 of the Public Resources Code proposed by this bill and AB 231, to be operative only if this bill and AB 231 are both enacted and become effective on or before January 1, 2011, and this bill is enacted last. (4) This bill would declare that it is to take effect immediately as an urgency statute.