(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act requires disposal facility operators to submit information to the department on the disposal tonnages that are disposed of at the disposal facility, and requires solid waste handlers and transfer station operators to provide information to disposal facility operators for purposes of that requirement. The act requires recycling and composting operations and facilities to submit periodic information to the department on the types and quantities of materials that are disposed of, sold, or transferred to other recycling or composting facilities or specified entities. This bill would provide that these reporting requirements do not apply to materials that are used by facilities defined as end users pursuant to the regulations adopted by the department or that are otherwise exempt pursuant to those regulations. The bill would also clarify that recycling is not limited to the processing of materials that would otherwise become solid waste, but also includes processes applied to nonhazardous materials that have value principally as a feedstock for that processing, regardless of whether the materials have been discarded or constitute solid waste. The bill would further clarify that, regardless of whether a recycling operation or facility is required to register and report pursuant to specified regulations adopted by the department, that recycling operation or facility is not a solid waste handler unless the operation or facility is, in fact, handling solid waste. (2) The California Integrated Waste Management Act of 1989 regulates the disposal, management, and recycling of, among other solid waste, plastic packaging containers and single-use foodware accessories. The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property or under contract to provide food service to a state agency, from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. Existing law makes a legislative declaration that it is the policy goal of the state that, annually, not less than 75% of solid waste generated be source reduced, recycled, or composted. This bill would establish the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which would cover certain single-use packaging and plastic single-use food service ware, as provided. As part of its comprehensive statutory scheme, the bill would require the producers, as defined, of these covered materials to source reduce plastic covered material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that plastic covered material offered for sale, distributed, or imported in or into the state meets specified recycling rates. In particular, the bill would require not less than 65% of plastic covered material to be recycled on and after January 1, 2032, and would authorize the department to increase or decrease the specified recycling rates in certain circumstances. The bill would require certain material types and forms to be considered recyclable in the state, and would authorize those material types and forms to be labeled as recyclable, under certain circumstances. The bill would prohibit a producer from selling, offering for sale, importing, or distributing covered materials in the state unless the producer is approved to participate in the producer responsibility plan of a producer responsibility organization (PRO) , as prescribed, for the source reduction, collection, processing, and recycling of covered material. Alternatively, the bill would require a producer to comply with the act individually without participating in a PRO's plan. The bill would impose various requirements on PROs and producers in relation to the act, including registration, reporting, recordkeeping, and auditing requirements, and preparing a budget and annual report. The bill would require a PRO or producer to provide certain certifications under penalty of perjury. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. The bill would require a PRO to establish a charge for its participant producers sufficient to ensure the requirements of the act are met by the PRO, and would therefore impose a tax. The bill would specify the purposes for which the revenue from the charge may be spent, including the costs of the PRO, the costs of a producer responsibility advisory board that the bill would create, and other costs specified in the PRO's budget. The bill would require a PRO, commencing in the 2027 calendar year, and until January 1, 2037, to remit a $500,000,000 surcharge each year, as provided, to the California Department of Tax and Fee Administration (CDTFA) to be deposited into the California Plastic Pollution Mitigation Fund, which the bill would create, and would outline requirements applicable to the collection and administration of the surcharge. The bill would require the PRO to establish and impose on its participant producers an environmental mitigation surcharge in an amount sufficient to raise that sum and to remit those moneys, and would authorize a PRO to collect up to $150,000,000 from plastic resin manufacturers who sell plastic covered material to producers who are participants of the PRO, as prescribed. The bill would therefore impose a tax. The bill would require moneys in the California Plastic Pollution Mitigation Fund to be expended, upon appropriation by the Legislature, by specified state agencies on purposes relating to mitigating the environmental impacts of plastic. The bill would prohibit those appropriations from replacing or reducing funding for those purposes from any other source, including certain appropriations in the Budget Act of 2019. The bill would require the department to adopt regulations to implement the act, as prescribed, and would require the department to publish certain information and lists on its internet website. The bill would require that local jurisdictions and recycling service providers include in their collection and recycling programs covered material contained on the lists published by the department, except as specified. By imposing additional requirements on local jurisdictions, the bill would impose a state-mandated local program. The bill would require the department to prepare, or to select an independent third-party contractor to complete, one or more initial statewide needs assessments designed to determine the necessary steps and investment needed for covered material to achieve the requirements of the act. The bill would require the PRO to reimburse the department for the cost of developing the needs assessments, thereby imposing a tax. The bill would require a PRO to pay a charge named the "California circular economy administrative fee" to the department and would require the department to set the charge at an amount adequate to cover the department's and any other state agency's costs of implementing and enforcing the comprehensive statutory scheme. The bill would require the administrative fees to be deposited into the California Circular Economy Fund, which the bill would create. The bill would make moneys in the fund available upon appropriation by the Legislature to the department for the department's activities pursuant to the act and to reimburse any outstanding loans made from other funds used to finance the initial costs of the department's activities. The bill would require the department and agencies receiving funding under the act to report specified information to the Legislature concerning the act's implementation. The bill would require, if the department determines that a PRO or producer has not achieved specified targets established pursuant to the act, the department to adopt regulations that contain certain provisions of the act, as prescribed. The bill would provide for its enforcement, including authorizing the department to impose an administrative civil penalty in an amount not to exceed $50,000 per day per violation, except as specified, on any entity that is not in compliance with the act's requirements. The bill would require the department to deposit collected penalties into the Circular Economy Penalty Account, which the bill would create. The bill would make moneys in the account available upon appropriation by the Legislature for purposes that further the act. (3) 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. (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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
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(1) Existing law requires the adopted course of study for grades 1 to 6, inclusive, and the adopted course of study for grades 7 to 12, inclusive, to include certain areas of study, including, among others, English, mathematics, social sciences, science, and visual and performing arts, as specified. This bill, with respect to both of the above-referenced adopted courses of study, would require the science area of study to include an emphasis on the causes and effects of climate change and methods to mitigate and adapt to climate change. The bill would require that appropriate coursework including this material be offered to pupils as soon as possible, commencing no later than the 2023–24 school year. Because the bill would impose new duties on school districts, it would constitute 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 the statutory provisions noted above.
(1) Existing law requires a county elections official to permit any voter to cast a ballot using a certified remote accessible vote by mail system. Existing law prescribes standards and procedures for the Secretary of State to certify remote accessible vote by mail systems. Existing law prescribes standards and procedures for an elections official to compare a voter's signature submitted with the voter's vote by mail ballot to a signature in the voter's registration record. This bill would require a county elections official to permit a voter with a qualifying disability, as defined, to use a certified remote accessible vote by mail system that enables the voter to return a completed ballot electronically. The bill would permit the Secretary of State to certify this type of remote accessible vote by mail system and to develop procedures for a voter using the system to submit a signature electronically. (2) Existing law imposes various restrictions on voting systems, generally, including that no part of the voting system shall be connected to the internet at any time. Existing law specifically prohibits a remote accessible vote by mail system from having the capability to use a remote server to mark a voter's selection transmitted to the server from the voter's computer via the internet, to store any voter identifiable selections on any remote server, or to tabulate votes. This bill would exempt the aforementioned remote accessible vote by mail system from these prohibitions only if, and to the extent that, these features are necessary for the operation of the system. By imposing additional duties on county elections officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution declares that defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy are inalienable rights, and that a person may not be deprived of life, liberty, or property without due process of law or equal protection of the laws. Existing law, the Reproductive Privacy Act, declares that every individual possesses a fundamental right of privacy with respect to personal reproductive decisions and prohibits the state from denying or interfering with a person's right to choose or obtain an abortion before viability of the fetus, or when the abortion is necessary to protect the life or health of the person. This measure would amend the California Constitution to prohibit the state from denying or interfering with an individual's reproductive freedom in their most intimate decisions, which includes their fundamental right to choose to have an abortion and their fundamental right to choose or refuse contraceptives.
Existing law, contingent on an appropriation made for these purposes, requires the State Department of Education, on or before January 1, 2023, to recommend best practices and identify training programs for use by local educational agencies to address youth behavioral health, including, but not necessarily limited to, staff and pupil training, as specified. Existing law requires the department to ensure that each identified training program, among other requirements, provides instruction on how school staff can best provide referrals to youth behavioral health services or other support to individuals in the early stages of developing a youth behavioral health disorder. Existing law defines a local educational agency for purposes of these provisions to mean a county office of education, school district, state special school, or charter school that serves pupils in any of grades 7 to 12, inclusive. This bill would include referrals to special education services in that instruction requirement for identified training programs. The bill would require, on or before January 1, 2025, those local educational agencies to certify to the department that 75% of both its classified and certificated employees have received that youth behavioral health training, as specified. The bill would prohibit the training in youth behavioral health to be a condition of employment or hiring. By imposing training certification duties on local educational agencies, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the Ralph M. Brown Act, requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to observe and provide comment. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. Existing law, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with those specified teleconferencing requirements in specified circumstances when a declared state of emergency is in effect, or in other situations related to public health. This bill would require the agenda to identify any member of the legislative body that will participate in the meeting remotely. The bill would also require an updated agenda reflecting all of the members participating in the meeting remotely to be posted, if a member of the legislative body elects to participate in the meeting remotely after the agenda is posted. This bill would authorize, upon a determination by a majority vote of the legislative body, a member to be exempt from identifying the address of the member's teleconference location in the notice and agenda or having the location be accessible to the public, if the member elects to teleconference from a location that is not a public place, including, beginning January 1, 2024, that at least a quorum of members of the legislative body participates from a single physical location that is clearly identified on the agenda, open to the public, and situated within the boundaries of the territory over which the local agency has jurisdiction. This bill would require all open and public meetings of a legislative body that elects to use teleconferencing to provide a video stream accessible to members of the public and an option for members of the public to address the body remotely during the public comment period through an audio-visual or call-in option. This bill would repeal these provisions on January 1, 2030. 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. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect.
(1) The California Constitution grants the retirement board of a public employee retirement system plenary authority and fiduciary responsibility for investment of moneys and administration of the retirement fund and system. These provisions qualify this grant of powers by reserving to the Legislature the authority to prohibit investments if it is in the public interest and the prohibition satisfies standards of fiduciary care and loyalty required of a retirement board. Existing law prohibits the boards of administration of the Public Employees' Retirement System and the State Teachers' Retirement System from making investments in certain countries and in thermal coal companies, as specified, subject to the boards' plenary authority and fiduciary responsibility for investment of moneys and administration of the systems. This bill, except as specified, would prohibit the boards of specified state and local public retirement systems from making additional or new investments in prohibited companies, as defined, domiciled in Russia or Belarus, as defined, companies that the United States government has designated as complicit in the aggressor countries', as defined, war in Ukraine, or companies that supply military equipment to the aggressor countries, and to liquidate the investments of the board in those companies, as specified. The bill would also require the board, on or before January 1, 2023, and every year thereafter, to file a specified report with the Legislature. The bill would repeal these provisions on specified triggering events. By requiring the boards of local public retirement systems to take specified actions, this bill would impose a state-mandated local program. (2) Existing law specifies the duties of the Treasurer, which include receiving and keeping in the vaults of the State Treasury or depositing in banks or credit unions all moneys belonging to the state, and, except as specified, receiving and keeping in the vaults of the State Treasury or depositing for safekeeping with any federal reserve bank or any branch thereof, or with any trust company or the trust department of any state or national bank located in a city designated as a reserve or central reserve city by the Board of Governors of the Federal Reserve System, bonds and other securities or investments belonging to the state. This bill, except as specified, would prohibit the Treasurer from making additional or new investments or renewing existing investments of state moneys in any investment vehicle in the government of Russia or the government of Belarus that meets certain conditions, or in or from a Russian or Belarusian financial institution currently under sanctions imposed by the United States, as defined and specified. The bill would repeal these provisions on specified triggering events. (3) Existing law specifies how money received into the treasury must be credited and how those state funds are to be used. Existing law prohibits state funds from being used to reimburse a state contractor for costs incurred to assist, promote, or deter union organizing, as defined and specified. Existing law also prohibits state trust moneys from being used to make additional or new investments or to renew existing investments in business firms that engage in discriminatory practices in further of or in compliance with the Arab League's economic boycott of Israel, as defined and specified. This bill, except as specified, would prohibit a state agency, as defined, from making additional or new investments or renewing existing investments of state moneys in any investment vehicle in the government of Russia or the government of Belarus that meets certain conditions, or in or from Russian or Belarusian financial institutions currently under sanctions imposed by the United States, and would require a state agency to liquidate those investments. The bill would also require a state agency to file a specified report with the Legislature and the Governor. The bill would urge companies operating in California and the Regents of the University of California to divest and separate themselves from the government of Russia, Russian financial institutions, Russian businesses, the government of Belarus, Belarusian financial institutions, and Belarusian businesses, and would request companies doing business in California to report their investments in and contracts with the government of Russia, Russian financial institutions, Russian businesses, the government of Belarus, Belarusian financial institutions, and Belarusian businesses, as specified. The bill would repeal these provisions on specified triggering events. (4) Existing law authorizes state agencies to contract for goods, information technology, or services with certain suppliers, as specified. Existing law also makes companies in Sudan involved in certain activities ineligible to bid or submit a proposal for, and forbids them from bidding on or submitting a proposal for, a contract with a state agency for goods or services, as specified. This bill, except as specified, would make a company that conducts business with the government of Russia or the government of Belarus ineligible to bid or submit a proposal for, and would forbid that company from bidding on or submitting a proposal for, a contract with a state agency for goods or services, as defined and specified. The bill would require a state agency to require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a scrutinized company, as prescribed. The bill would, among other things, make a company that submits a false certification under these provisions liable for a civil penalty, and would require the Department of General Services to report the company to the Attorney General, who would be required to determine whether to bring a civil action against the company, as specified. The bill would repeal these provisions on specified triggering events. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (6) This bill would declare that it is to take effect immediately as an urgency statute.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would, for taxable years beginning on or after January 1, 2023, and before January 1, 2028, allow a credit against those taxes in an amount equal to 10% of the amount paid or incurred by a taxpayer during the taxable year for eligible manufacturing costs, except as otherwise specified. The bill would define "eligible manufacturing costs" to mean the cost of newly installed tangible personal property used in green energy products, as defined. The bill would make these provisions operative only for taxable years in which resources are authorized for its purposes in the annual Budget Act or other statute. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new income tax credit. This bill would take effect immediately as a tax levy.
Existing law prohibits tapping any communication wire or intercepting or recording any telephone communication, as specified, without the consent of all parties. Existing law exempts specified communication intercepts including those made by a public utility if required for utility maintenance purposes. A violation of these provisions is punishable as either a misdemeanor or a felony. This bill would exempt from these provisions any telephone company engaged in the business of providing communications services and facilities, as specified.
The State Contract Act governs the bidding and award of public works contracts by specific state departments and requires an awarding department, before entering into any contract for a project, to prepare full, complete, and accurate plans and specifications and estimates of cost. The Buy Clean California Act, requires, among other things, the Department of General Services to establish a maximum acceptable global warming potential for specific eligible materials, which include carbon steel rebar, flat glass, mineral wool board insulation, and structural steel. The Buy Clean California Act requires an awarding authority, as defined, to require a successful bidder to submit a current Environmental Product Declaration, developed in accordance with specified standards, for each type of eligible material proposed to be used on an eligible project, as defined. This bill would require, as part of the Buy Clean California Act, beginning July 1, 2023, an awarding authority to require a successful bidder for a contract for an eligible project, as defined, to submit a report, within 90 days of the completion of the project, that includes the amount used and an Environmental Product Declaration, as defined, that is current at the time of installation for each concrete product used in the project. The bill would require a concrete supplier that is providing concrete products to a successful bidder to provide the successful bidder with an Environmental Product Declaration for each concrete product provided by the supplier to the project. The bill would require the department, in consultation with the State Air Resources Board, on or before January 1, 2025, to establish and publish in the State Contracting Manual, in a department management memorandum, or on the department's internet website, global warming potential (GWP) benchmarks for each performance class of concrete at the regional industry average global warming potential for concrete within each project region, as provided. The bill would require the department, in consultation with the state board, to update, at least once every 3 years, the GWP benchmarks for each performance class of concrete within each project region, as provided. This bill would, beginning January 1, 2025, require an awarding authority to include in a specification for bids for an eligible project a requirement that the total project concrete carbon dioxide equivalent (CO2e) does not exceed the project concrete CO2e limit and would specify that this requirement also applies to design-build or other project structures. The bill would require an awarding authority to require a successful bidder for a contract for an eligible project to submit, as a part of the report required by this bill described above, an analysis of the total project concrete CO2e demonstrating compliance with that limit. The bill would specify the liability of a supplier of concrete products for an eligible project for penalties and damages that may be imposed by an awarding authority that is attributable to a violation of the requirements of the bill. This bill would exempt from its requirements concrete products under certain conditions. The bill would require an awarding authority, within 45 days of receiving a request for an exemption for concrete products from a successful bidder or a concrete supplier, to provide a successful bidder with a determination as to whether an exemption applies. 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 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. This bill would specify that an action to implement the requirements of the bill is not a project for purposes of CEQA.