Previously existing law required the Department of Water Resources to develop a model local water efficient landscape ordinance by January 1, 1992, and the Water Conservation in Landscaping Act, which is part of the Planning and Zoning Law, requires the department to update the model ordinance, as provided. The act provides that, if a local agency did not adopt a water efficient landscape ordinance or specified findings that an ordinance is not necessary by January 1, 1993, that model ordinance applies within the jurisdiction of the local agency, except in the case of a chartered city. This bill would require the Department of Water Resources, by January 1, 2019, to establish guidelines for designing, installing, and rehabilitating landscapes of any size consistent with the watershed approach to landscaping, as provided. The bill would require, within 6 months of adoption of the guidelines, the Department of Water Resources and any other state agency with a grant or loan program that provides funding for water-conserving or water-efficient landscapes, (1) for programs funded by general obligation bonds, to revise funding guidelines to provide a preference for projects that comply with the adopted guidelines; (2) for programs funded by sources other than general obligation bonds, to revise funding guidelines to require projects to comply with the adopted guidelines; and (3) for programs funded by any source, to give, to the extent feasible, additional funding preference for a project that implements the watershed approach to landscaping whose project application includes the use of services of specified entities. The bill would also require the Department of Water Resources to promote the watershed approach to landscaping by providing education and training for homeowners, contractors, certified community conservation corps, and other landscape professionals who plan, develop, or implement landscaping projects. This bill would authorize the Department of Resources Recycling and Recovery to promote the application of compost in urban areas of the state to assist with projects that follow the watershed approach to landscaping and, in coordination with the Department of Water Resources, to develop and implement pilot projects that support the understanding and deployment of compost to meet specified goals. The bill would also require the State Energy Resources Conservation and Development Commission, in coordination with the State Air Resources Board, to develop a greenhouse gas emissions reduction factor for new climate appropriate landscapes, as provided.
Sponsored bills
Existing law makes it an infraction to throw an object on or across the court or field of play with the intent to interfere with play or distract a player or to enter upon the court or field of play without permission from an authorized person any time after the authorized participants of play have entered the court or field to begin the sporting event and until the participants of play have completed the playing time of the sporting event. This bill would make the above crime an infraction, punishable by a fine not to exceed $1,000, or a misdemeanor, punishable by imprisonment in a county jail not to exceed 10 days, by a fine not exceeding $2,500, or by both that fine and imprisonment. The bill would make a 2nd or subsequent violation within 5 years of a prior violation of that prohibition a misdemeanor, punishable by imprisonment in a county jail for not more than 60 days, by a fine not exceeding $5,000, or by both that fine and imprisonment. By increasing the punishment for a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law authorizes the Department of Transportation and regional transportation agencies to enter into comprehensive development lease agreements with public and private entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects tolls and user fees, subject to various terms and requirements. These arrangements are commonly known as public-private partnerships. Existing law provides that a lease agreement may not be entered into under these provisions on or after January 1, 2017. This bill would extend this authorization indefinitely. The bill would also make nonsubstantive changes to these provisions by correcting obsolete cross-references.
Existing law, subject to exceptions, provides that a person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the laws applicable to the driver of a vehicle. This bill would authorize a city, by resolution, to implement a 5-year pilot program, commencing January 1, 2020, to allow a person who is operating a bicycle and approaching a stop sign, after slowing to a reasonable speed and yielding the right-of-way, to cautiously make a turn or proceed through the intersection without stopping, unless safety considerations require otherwise. The bill would authorize implementation of the pilot program in at least 3 cities that elect to participate, as specified. The bill would require a participating city to annually submit specified data to the CHP relating to the implementation of the program, and would require the CHP to report that data to the Legislature. The bill would require each participating city to create education and outreach materials to appropriately inform the public about the pilot program. The bill also would make technical, nonsubstantive changes to existing law.
(1) Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed by, and funded pursuant to, federal Medicaid program provisions. Existing law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. Existing law, the Coordinated Care Initiative (CCI) , requires the department to seek federal approval pursuant to a Medicare or Medicaid demonstration project or waiver, or a combination thereof, to establish a demonstration project that enables beneficiaries who are dually eligible for the Medi-Cal program and the Medicare Program to receive a continuum of services that maximizes access to, and coordination of, benefits between these programs. Existing law requires, with some exceptions, Medi-Cal beneficiaries who have dual eligibility in the Medi-Cal program and the Medicare Program to be assigned as mandatory enrollees into Medi-Cal managed care health plans for their Medi-Cal benefits in counties participating in the CCI. Existing law conditions implementation of the CCI on whether the Director of Finance estimates that the CCI will generate net General Fund savings, as specified. Existing law, with certain exceptions, specifies those provisions of law that are within the scope of the CCI, including those relating to the demonstration project described above, to become inoperative if this condition is not met. Existing law establishes the county-administered In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons are provided with services in order to permit them to remain in their own homes and avoid institutionalization. Existing law requires, as part of the CCI, Medi-Cal long-term services and supports, including IHSS, to be covered services under managed care health plan contracts and to be available only through managed care health plans to beneficiaries residing in the CCI counties, except as specified. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the requirement that IHSS be a covered service available through managed care health plans in CCI counties, and would continue IHSS as a covered service available through Medi-Cal managed care health plans in those counties. The bill would make conforming changes to related provisions. (2) Existing law permits services to be provided under the IHSS program through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Under existing law, any public authority created under the IHSS program is deemed to be the employer of in-home support services personnel within the meaning of the Meyers-Milias-Brown Act, which governs local employer-employee relations. Existing law also provides that any nonprofit consortium contracting with a county is deemed the employer of in-home supportive services personnel for the purposes of collective bargaining over wages, hours, and other terms and conditions of employment. Existing law, as part of the CCI, establishes the California In-Home Supportive Services Authority, referred to as the Statewide Authority, and requires the authority to be the entity authorized to meet and confer in good faith regarding wages, benefits, and other terms and conditions of employment with representatives of recognized employee organizations for any individual provider who is employed by a recipient of supportive services, as specified. Existing law establishes the In-Home Supportive Services Fund within the State Treasury. Existing law requires that moneys in the fund be made available, upon appropriation by the Legislature, to the Statewide Authority for the purposes of funding its functions. Existing law establishes, as part of the CCI, the In-Home Supportive Services Employer-Employee Relations Act, which serves to resolve disputes regarding wages, benefits, and other terms and conditions of employment between the Statewide Authority and recognized employee organizations providing in-home supportive services. Under the act, the Statewide Authority is deemed to be the employer of record, for purposes of collective bargaining, of individual providers of in-home supportive services in each county, as specified. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the provisions establishing the Statewide Authority, the provisions establishing the In-Home Supportive Services Fund, and the IHSS Employer-Employee Relations Act. (3) Existing law requires the state and counties to share the annual cost of providing in-home supportive services, with the state paying to the county 65% of the nonfederal cost and each county paying 35% of the nonfederal cost. Notwithstanding that provision, existing law requires all counties to have a County IHSS Maintenance of Effort (MOE) and requires counties to pay the County IHSS MOE instead of paying the nonfederal share of IHSS costs, as specified. Existing law provides that the County IHSS MOE base year is the 2011–12 state fiscal year and requires the County IHSS MOE from the previous year to be annually adjusted by an inflation factor of 3.5%. Existing law conditions the IHSS MOE requirement on the above-described determination by the Director of Finance. This bill would provide that the provision conditioning implementation of the CCI on the above-described estimation by the Director of Finance shall not apply to the IHSS MOE requirement. The bill would make conforming changes in related provisions. This bill would appropriate $650,000,000 from the General Fund to the department for the purpose of continuing to make IHSS available to Medi-Cal beneficiaries pursuant to these provisions.
(1) Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, exempts from specified criminal penalties the possession or cultivation of medical marijuana by patients and primary caregivers. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, provides for the licensure and regulation of commercial adult marijuana activities by various state agencies. The Medical Cannabis Regulation and Safety Act (MCRSA) provides for the licensure and regulation of commercial medical cannabis activity by various state entities. This bill would enact the Cannabis State Payment Collection Law and would authorize the State Board of Equalization or a county to collect cash payments from cannabis-related businesses for a state agency that administers fees, fines, penalties, taxes, or other charges payable by a cannabis-related business, if that state agency has entered into an agreement with the board or county. This bill would require a county to collect only if both the board of supervisors of the county and the county tax collector or county treasurer-tax collector approves of entering into an agreement with a state agency to make those collections. The bill would similarly authorize the board to enter into an agreement with a county to collect cash payments from cannabis-related businesses for fees, fines, penalties, taxes, or other charges that are payable to the county. The bill would require the agreement to include specified provisions, including that the board or county transmit the collected moneys to the Treasurer to be deposited in the State Treasury to the credit of the funds or accounts in which the fees, fines, penalties, taxes, or other charges are otherwise required by law to be deposited, as specified. For the collection by the board or a county of regulatory fees on the behalf of a state agency, or by the board of regulatory fees on behalf of a county, pursuant to an agreement, this bill would continuously appropriate to the board or county an amount equal to the amount necessary for its costs of collection, not to exceed 10% of the amounts collected, from the funds or accounts in which those regulatory fees are to be deposited. For the collection by the board or a county of fines, penalties, taxes, or other charges on behalf of a state agency, or by the board on behalf of a county, pursuant to an agreement, the bill would require the board or county to be reimbursed for its costs of collection from the funds or accounts in which those fines, penalties, taxes, or other charges are to be deposited, not to exceed 10% of the amounts collected, upon appropriation by the Legislature. This bill would also allow a state agency that enters into an agreement with the board or a county, or a county that enters into an agreement with the board, to impose a cash collection fee in an amount reasonably necessary to recover the collection costs to be incurred by the board or county in dealing with cash payments, not to exceed 10% of any amounts collected. The bill would require the cash collection fee to be determined by the state agency that entered into the agreement, or by the county that entered into the agreement, as applicable, and would require any cash collection fees to be deposited into the funds or accounts in which the fees, fines, penalties, or other charges to be collected are deposited. (2) The Sales and Use Tax Law, which is administered by the State Board of Equalization, requires any person whose estimated tax liability averages $10,000 or more per month to remit amounts due by electronic funds transfer, but provides an exception to that requirement that authorizes, before January 1, 2022, a person issued a seller's permit for a place of business that is a dispensary, as defined in MCRSA, to remit amounts due for retail sales at the dispensary by a means other than electronic funds transfer. Cities, counties, and specified local governmental agencies are authorized to impose sales and use taxes in modified conformity to state sales and use taxes, which are administered and collected by the board on behalf of those agencies pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or in accordance with the Transactions and Use Tax Law. AUMA, commencing January 1, 2018, imposes an excise tax on the purchase of marijuana and marijuana products, as defined, and a separate cultivation tax on marijuana that enters the commercial market. AUMA provides for the administration of both taxes by the board and requires persons required to be licensed involved in the cultivation and retail sale of marijuana or marijuana products to file a return with the board by a specified date. This bill would authorize a cannabis-related business, as defined, to remit any amount due under any of the provisions described above to the board by means other than electronic funds transfer, including by the use of cash. The bill, by January 1, 2019, would require the board to accept cash as a form of remittance from a cannabis-related business for any fee, tax, fine, penalty, interest, or any other charge that the business owes under the laws described above, including the Cannabis State Payment Collection Law, and that business would be authorized by those laws to remit to the board in cash, in at least 50% of the offices managed by the board in each equalization district of the state. The bill, by January 1, 2020, would further require the board to accept cash as a form of remittance for those payments in at least 75% of the branch or district offices managed by the board in each equalization district of the state.
Existing law authorizes the Department of Transportation and regional transportation agencies, as defined, to enter into comprehensive development lease agreements with public and private entities, or consortia of those entities, for certain transportation projects that may charge certain users of those projects tolls and user fees, subject to various terms and requirements. Existing law prohibits lease agreements under these provisions on or after January 1, 2017. This bill would state the intent of the Legislature to reestablish the authority under state law to engage in public-private partnerships for projects on the state highway system with appropriate public interest and safety protections.
Existing law establishes a basic speed law that prohibits a person from driving a vehicle upon a highway at a speed greater than is reasonable or prudent given the weather, visibility, traffic, highway conditions, and in no event at a speed that endangers the safety of persons or property. Existing law does not expressly authorize the use of automated speed enforcement in this state. This bill would authorize, no later than January 1, 2019, the City of San Jose (San Jose) and the City and County of San Francisco (San Francisco) to implement a 5-year pilot program utilizing an automated speed enforcement system (ASE system) for speed limit enforcement on certain streets, if the system meets specified requirements, including that the presence of a fixed or mobile ASE system is clearly identified by signs, as specified, and trained peace officers or other trained designated municipal employees are utilized to oversee the operation of the fixed and mobile ASE systems. The bill would require San Jose and San Francisco to adopt an ASE System Use Policy, as specified, and develop uniform guidelines for, among other things, the processing and storage of confidential information. The bill would provide that a speed violation that is recorded by an ASE system is subject to a civil penalty in an amount not to exceed $100. The bill would, among other things, provide for the issuance of a notice of violation, an initial review, an administrative hearing, and an appeals process, as specified, for a violation enforced by an ASE system. The bill would also authorize the processing agency to assess delinquent fees, as specified, if payment of the civil penalty is not received within a specified time. The bill would require the Department of Motor Vehicles to refuse to renew the registration of a vehicle if, among other things, the owner has not paid the civil penalty and delinquent fees, except as specified. The bill would require the department to remit all penalties and delinquent fees collected, after deducting its own administrative fees, to the processing agency. Existing law provides that payments for specified penalties, including penalties for offenses relating to the parking of a vehicle, required to register or transfer the registration of a vehicle, constitute a lien on the vehicle on which the payments are due or that was involved in the offenses, and on any other vehicle owned by the owner of that vehicle. This bill would, until January 1, 2024, also include payments for penalties for offenses related to the ASE system operated by San Jose or San Francisco for which a notice of violation has been served on the owner or recipient of a reissued citation and any delinquent fees added to the penalty as constituting a lien on the specified vehicles. Existing law transfers the responsibility and authority for the collection of specified delinquent amounts, including penalties for offenses relating to the standing or parking of a vehicle, from the department to the Franchise Tax Board. This bill would, until January 1, 2024, also transfer to the board the responsibility and authority to collect penalties for offenses related to the ASE system operated by San Jose or San Francisco for which a notice of violation has been served on the owner or recipient of a reissued notice of violation and any delinquent fees added to the penalty. This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose and the City and County of San Francisco. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect.
This measure would urge the United States Congress to act swiftly to reauthorize the Children's Health Insurance Program (CHIP) for at least 5 years, as specified.
(1) Existing law requires the governing board of a school district, and the governing board of a community college district, to provide for a leave of absence from duty for a certificated employee, or an academic employee, of the district who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools, and exempts charter schools from the laws governing school districts, except as specified. This bill would require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to provide at least 6 weeks of a leave of absence with full pay for a certificated employee, or an academic employee, of the district or charter school who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The bill would authorize the paid leave to begin before and continue after childbirth, provided that the employee is actually disabled by pregnancy, childbirth, or a related condition. (2) Existing law authorizes the governing board of a school district, and the governing board of a community college district, to provide for such leave of absence from duty as it deems appropriate for a female employee in the classified service of the district who is required to absent herself from her duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. Existing law authorizes the governing board of a school district, and the governing board of a community college district, to adopt rules and regulations prescribing the manner of proof of pregnancy, the time during pregnancy at which the leave of absence shall be taken, and the length of time for which the leave of absence shall continue after birth of the child. Existing law also authorizes the governing board of a school district, and the governing board of a community college district, to provide in the rules and regulations whether the leave granted shall be with or without pay, as provided. This bill would instead require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to provide for such leave of absence from duty as it deems appropriate for a female employee in the classified service of the district or charter school who is required to absent herself from her duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The bill would require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to adopt rules and regulations prescribing the manner of proof of pregnancy and the duration of the leave of absence, provided that at least 6 weeks of the leave of absence shall be with full pay. The bill would also require the governing board of a school district, the governing body of a charter school, and the governing board of a community college district to provide in the rules and regulations that at least 6 weeks of the leave granted shall be with full pay. (3) This bill would prohibit these provisions from diminishing the right of an employee of a school district, charter school, or community college district to take, or be compensated during, other leaves of absence, as provided. (4) This bill would also make various nonsubstantive changes to these provisions.