(1) Existing law provides for the commitment of persons found mentally incompetent for criminal process. Existing law also provides that if the defendant consented to antipsychotic medication, as specified, but subsequently withdraws his or her consent, or, if involuntary antipsychotic medication was not ordered, and the treating psychiatrist determines that antipsychotic medication has become medically necessary and appropriate, the treating psychiatrist shall make efforts to obtain informed consent from the defendant for antipsychotic medication. Existing law provides that if informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication, or that the defendant is a danger to others, as specified, the committing court shall be notified of this, including an assessment of the current mental status of the defendant and the opinion of the treating psychiatrist that involuntary antipsychotic medication has become medically necessary and appropriate. Existing law further provides that the court shall provide notice to the prosecuting attorney and to the attorney representing the defendant and shall set a hearing to determine whether involuntary antipsychotic medication should be ordered, as specified. This bill would provide that if informed consent is not obtained from the defendant, and the treating psychiatrist is of the opinion that the defendant lacks capacity to make decisions regarding antipsychotic medication, or that the defendant is a danger to others, as specified, then the treating psychiatrist shall file a petition with the committing court for issuance of an emergency order within 24 hours after determining that antipsychotic medication has become medically necessary and appropriate. The bill would require the court to provide notice to the prosecuting attorney and to the attorney representing the defendant, and to hold a preliminary hearing no later than the first court day commencing after a period of 48 hours after the determination that antipsychotic medication has become medically necessary and appropriate has been made to establish probable cause for grounds to administer antipsychotic medication. The bill would require the court to render its decision on the petition no later than the first court day following a period of 72 hours after the determination that antipsychotic medication has become medically necessary and appropriate was made. The bill would provide that if, as a result of the preliminary hearing, the court determines that probable cause continues to exist for the administration of antipsychotic medication, the court may issue an order authorizing the administration of that medication on an emergency basis after finding on the record, based on clear and convincing evidence, that the defendant lacks capacity to make decisions regarding antipsychotic medication, or the defendant is a danger to others, as specified, and that no other appropriate means are available to mitigate the patient's situation. The bill would authorize antipsychotic medication to be provided pursuant to the emergency order for no more than 14 days, exclusive of Saturdays, Sundays, and legal holidays pending a hearing, as specified, to be held not later than those same 14 days. (2) Existing law requires mentally disordered prisoners in the state prison to be admitted to a state hospital and requires the State Department of Mental Health to evaluate certain defendants committed to a state hospital. A patient determined to be a high security risk is required to be treated in the departments most secure facilities, as specified. This bill would, among other things, require a security and violence risk assessment to be performed, as specified, on every patient who has been committed to a state hospital pursuant to the Penal Code. The bill would require a patient who is determined by the security and violence risk assessment to have a high risk for aggression to be placed in a specified treatment unit within a state hospital, correctional facility, state prison psychiatric facility, or other secure facility. The department would be required to review and provide final approval, as well as recommendations for appropriate placement, for a completed security and violence risk assessment prior to the transfer of the patient to a treatment facility. The bill would require a patient who is determined to be a high escape risk patient to be treated at a state prison psychiatric facility, Atascadero State Hospital or Patton State Hospital, a correctional facility, or other secure facility as defined by the State Department of Mental Health. The bill would require, on a quarterly basis beginning January 1, 2012, the department to provide a prescribed report to the public safety committees of the Legislature on the level of aggression at the state hospitals.
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Existing law requires local educational agencies to initiate, and individualized education program teams to conduct, meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs, as specified. Existing law also provides that it is the intent of the Legislature that parties to special education disputes be encouraged to seek resolution through mediation in a nonadversarial atmosphere, which may not be attended by attorneys or other independent contractors used to provide legal advocacy services, prior to filing a request for a due process hearing. Existing law provides, however, that this does not preclude the parent or public agency from being accompanied and advised by nonattorney representatives in mediation conferences. This bill would authorize a special education local plan area, in collaboration with the State Department of Education, to develop a voluntary special education advocate certification program for persons who would participate, upon the invitation of a parent, as a member of a pupil's individualized education program team, or, upon the invitation of a parent, in a mediation conference, as specified. The bill would authorize a special education local plan area to provide alternative dispute resolution training, and require the Board of Behavioral Sciences to administer a test, to persons seeking certification, as specified. The bill would also require the Board of Behavioral Sciences to certify persons who have successfully passed the test and completed the training. The bill would require a certified special education advocate to disclose his or her relationship to the pupil or his or her parents, as specified. Existing law provides that upon receipt by the Superintendent of Public Instruction of a written request for a due process hearing regarding a proposal or refusal to initiate or change the identification, assessment, or educational placement of a child with exceptional needs, the provision of a free appropriate public education to the child, or the availability of a program appropriate for the child, including the question of financial responsibility, from the parent or guardian or public agency, the Superintendent or his or her designee or designees immediately shall notify, in writing, all parties and provide them with a list of persons and organizations within the geographical area that can provide free or reduced cost representation or other assistance in preparing for the due process hearing. Existing law provides that the Superintendent or his or her designee shall have complete discretion in determining which individuals or groups shall be included on the list. This bill would require the Superintendent or his or her designee to certify that the listed persons, including certified special education advocates, or organizations provide services for free or at a reduced cost.
Existing law permits the Legislature to pass a Budget Bill or bill providing for appropriations related to the Budget Bill with a majority vote of both houses. This bill would require that the final language of the Budget Bill or a bill providing for appropriations related to the Budget Bill, as specified, be in print for public inspection and posted by the Legislative Counsel on the Internet for not less than 72 hours prior to a legislative vote to pass the bill and to send it to the Governor for approval.
The Political Reform Act of 1974 regulates the receipt of gifts by public officials, including Members of the Legislature, and also regulates the activities of members of the lobbying industry, including lobbyist employers. Existing law prohibits certain public officials from receiving gifts in excess of a specified dollar amount from a single source on an annual basis. This bill would prohibit a lobbyist, lobbying firm, or lobbying employer from making to an elected state official, and an elected state official from receiving from a lobbyist, lobbying firm, or lobbying employer, specified gifts, regardless of the value of the gift. Existing law makes a willful violation of the Political Reform Act of 1974 a misdemeanor. Because this bill would create a new crime or expand the definition of a crime, it 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. The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing state and federal law regulate the provision of credit to consumers. Existing state law permits a holder of a credit card to request information on the total amount of finance charges assessed on the account during the preceding calendar year, and requires the card issuer to provide that information, without charge, within 30 days of receiving the request. This bill would make technical, nonsubstantive changes to these provisions.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, 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. This bill would make technical, nonsubstantive changes to those provisions.
(1) The existing California renewables portfolio standard program requires the Public Utilities Commission (PUC) to implement annual procurement targets for the procurement of eligible renewable energy resources, as defined, for all retail sellers, as defined, to achieve the targets and goals of the program. The renewables portfolio standard program requires that a retail seller of electricity, including electrical corporations, community choice aggregators, and electric service providers, but not including local publicly owned electric utilities, purchase a specified minimum percentage of electricity generated by eligible renewable energy resources in any given year as a specified percentage of total kilowatthours sold to retail end-use customers each calendar year (renewables portfolio standard) . The renewables portfolio standard requires each retail seller to increase its total procurement of eligible renewable energy resources by at least an additional 1% of retail sales per year so that 20% of its retail sales are procured from eligible renewable energy resources no later than December 31, 2010. Under existing law the governing body of a local publicly owned electric utility is responsible for implementing and enforcing a renewables portfolio standard for the utility that recognizes the intent of the Legislature to encourage renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. This bill would require an obligated party to procure an amount of renewable energy credits (RECs) , as defined, sufficient to demonstrate compliance with the party's renewables portfolio standard, as defined, procurement requirements. Obligated parties would be defined to include an electrical corporation, electric service provider, community choice aggregator, and local publicly owned electric utility. The bill would establish renewables portfolio standards for 6 different compliance intervals, to be calculated by multiplying the obligated party's total electricity sales to California retail end-use customers during the compliance interval by a specified percentage that increases by interval from 20% of sales in January 1, 2012, to 40% of sales by January 1, 2027. The bill would require that not less than 50% of the renewables portfolio standard procurement requirements be met with bundled RECs, as defined, would authorize firmed and shaped RECs, as defined, to be used to meet not more than 50% of the procurement requirements, and would authorize tradable RECs, as defined, to be used to meet not more than 25% of the procurement requirements. The bill would make the PUC responsible for supervising the implementation of the renewables portfolio standard program by electrical corporations and overseeing certain aspects of the program by electric service providers and community choice aggregators. The bill would make its governing body responsible for implementation of the program by a local publicly owned electric utility. The bill would make numerous other revisions to the renewables portfolio standard program. (2) Existing law requires the State Energy Resources Conservation and Development Commission (Energy Commission) to (A) certify eligible renewable energy resources, (B) design and implement an accounting system to verify compliance with the renewables portfolio standard by retail sellers, (C) establish a system for tracking and verifying RECs that verifies the generation and delivery of electricity associated with RECs, and (D) certify the eligibility of RECs associated with deliveries of electricity to a local publicly owned electric utility. This bill would require the Energy Commission to design and implement an accounting system to verify compliance with the renewables portfolio standard by all obligated parties and would delete the separate requirement that it certify the eligibility of RECs associated with deliveries of electricity to a local publicly owned electric utility. The bill would require the Energy Commission, among other things, to adopt regulations specifying procedures for enforcement of the renewables portfolio standard procurement requirements that include a public process under which the Energy Commission is authorized to issue a notice of violation and correction with respect to a local publicly owned electric utility and for referral to the State Air Resources Board for penalties imposed pursuant to the California Global Warming Solutions Act of 2006 or other laws if that act is suspended or repealed. (3) The bill would require every electrical corporation that owns electrical transmission facilities to annually prepare and submit a report to the PUC that contains specified matter and identifies any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the renewables portfolio standard procurement requirements. The bill would delete certain reporting requirements and would require each electrical corporation, electric service provider, and community choice aggregator to prepare and submit to the PUC, and each local publicly owned electric utility to prepare and submit to the Energy Commission, an annual report that includes the current status and progress made by that obligated party toward meeting the renewables portfolio standard procurement requirements for the current compliance interval and recommendations to remove impediments towards its achievement. The bill would require the PUC, in coordination with the Energy Commission, the State Air Resources Board, the Independent System Operator, and local publicly owned electric utilities to conduct 3 reviews of the renewables portfolio standard program to assess changes that may be needed to improve implementation progress and to complete and present its review to the Legislature by December 31, 2015, December 31, 2020, and December 31, 2025. (4) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by expanding the definition of a crime. By placing additional requirements upon local publicly owned electric utilities, 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 no reimbursement is required by this act for specified reasons.
Existing law relative to private energy producers requires every electric utility, as defined, to make available to an eligible customer‑generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds 5% of the electric utility's aggregate customer peak demand. Existing law requires the electric utility, upon an affirmative election by the eligible customer-generator to receive service pursuant to this contract or tariff, to either: (1) provide net surplus electricity compensation for any net surplus electricity generated in the 12-month period, or (2) allow the eligible customer-generator to apply the net surplus electricity as a credit for kilowatthours subsequently supplied by the electric utility to the surplus customer-generator. This bill would authorize an agricultural customer-generator with multiple meters to elect to aggregate the electrical load of the meters located on the property where the generation facility is located and on all property adjacent or contiguous to the property on which the generation facility is located, if those properties are solely owned by the agricultural customer-generator, as provided.
Existing law provides that expenses authorized and necessarily incurred in the preparation for and conduct of elections are to be paid from the county treasuries, except as specified. This bill would provide that expenses authorized and necessarily incurred on or after January 1, 2009, and before April 19, 2011, for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the State Department of Mental Health, provides for the administration of state hospitals, and provides for the involuntary confinement of certain individuals in those state hospitals, including persons who have been found not guilty of a charge by reason of insanity, who have been found incompetent to stand trial by a judge, or have been determined, as a result of a mental disorder, to be a danger to themselves or others. Existing law provides that every person confined in a local detention facility, state prison, or under the jurisdiction of the Division of Juvenile Facilities of the Department of Corrections and Rehabilitation, who commits a battery upon the person of a peace officer by "gassing," as defined, is guilty of aggravated battery. This bill would provide that a person confined to a state hospital who commits battery upon the person of a peace officer or employee of a state hospital by gassing is guilty of aggravated battery, punishable by imprisonment in county jail or state prison for 2, 3, or 4 years. The bill would also require the State Department of Mental Health to submit a report to the Legislature by January 1, 2016, regarding gassing incidents at state hospitals. By creating a new 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.