Sen. Melissa Hurtado

Existing law establishes the Office of Small Business Advocate within the Governor's Office of Business and Economic Development, and prescribes the duties and functions of the Small Business Advocate, who is also the Director of the Office of Small Business Advocate. Existing law requires the Small Business Advocate to, among other things, serve as the principal advocate on behalf of small businesses and to represent the views and interests of small businesses, among other duties. This bill would state the intent of the Legislature to enact legislation that would establish a certification process that streamlines the steps to open and operate a business in California.

Existing law defines the crime of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petty theft or a felony. Existing law defines burglary of the first degree as any burglary of an inhabited building and makes burglary of the first degree punishable by imprisonment in the state prison for 2, 4, or 6 years. Existing law defines all other burglary as burglary of the 2nd degree and makes it punishable by imprisonment in the county jail for one year or as a felony. Existing law defines any 2nd degree burglary during and within an affected county in a state of emergency or local emergency, as specified, as looting, punishable by either imprisonment in a county jail for one year or as a felony. This bill would make that crime punishable instead as a felony. By increasing the punishment of 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, the California Emergency Services Act, authorizes the Governor to proclaim a state of emergency, as defined, under specified circumstances. Existing law makes it a misdemeanor to impersonate a peace officer or an officer or member of a fire department or the Office of the State Fire Marshal. This bill would make impersonating a peace officer or an officer or member of a fire department or the Office of the State Fire Marshal during a state of emergency or local emergency punishable as either a misdemeanor or a felony, as specified. By increasing the punishment of 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 requires the Department of Toxic Substances Control, on or before January 1, 2029, to adopt regulations to enforce specified covered perfluoroalkyl and polyfluoroalkyl substances (PFAS) restrictions, which include prohibitions on the distribution, sale, or offering for sale of certain products that contain specified levels of PFAS. Existing law requires the department, on and after July 1, 2030, to enforce and ensure compliance with those provisions and regulations, as provided. Existing law requires manufacturers of these products, on or before July 1, 2029, to register with the department, to pay a registration fee to the department, and to provide a statement of compliance certifying compliance with the applicable prohibitions on the use of PFAS to the department, as specified. Existing law authorizes the department to test products and to rely on third-party testing to determine compliance with prohibitions on the use of PFAS, as specified. Existing law requires the department to issue a notice of violation for a product in violation of the prohibitions on the use of PFAS, as provided. Existing law authorizes the department to assess an administrative penalty for a violation of these prohibitions and authorizes the department to seek an injunction to restrain a person or entity from violating these prohibitions, as specified. This bill would, beginning January 1, 2027, prohibit a person from distributing, selling, or offering for sale artificial turf, carpets or rugs, cleaning products, cookware, dental floss, fabric treatments, or upholstered furniture that contain intentionally added PFAS, as defined. The bill would authorize the department to adopt regulations to designate additional consumer product categories to prohibit the distribution, selling, or offering for sale of consumer products containing intentionally added PFAS within those consumer product categories if the department determines that safer alternatives, as defined, are readily available at comparable costs. The bill would prohibit the department from adopting a regulation that prohibits a consumer product containing intentionally added PFAS from distribution, sale, or offering for sale on or before 18 months after the regulation is adopted. The bill would define "product" for purposes of these provisions to not include, among other things, used products offered for sale, federally approved drugs or medical devices, or products containing fluoropolymers, as specified. This bill would require these prohibitions on consumer products to be enforced by the department pursuant to the existing authority described above, including, but not limited to, the authority relating to registration, product testing, and administrative penalties.

Existing law establishes the Department of Motor Vehicles, tasked with issuance and renewal of licenses to drivers. Existing law requires the department to prescribe and provide suitable forms of applications, certificates of ownership, registration cards, driver's licenses, and all other forms that are deemed necessary. This bill would, by January 1, 2027, require the department, in consultation with relevant stakeholders, to develop a Blue Envelope Program. Under the program, the bill would require the blue envelope to contain specified information for requesters with a condition or disability, as specified. The bill would also authorize others, including a parent or legal guardian of a passenger with a disability, to request a blue envelope.

Existing law sets wage, hour, meal break requirements, and other working conditions for employees and requires an employer to pay overtime wages to an employee who works in excess of a workday or workweek. Existing law establishes the Department of Industrial Relations and provides that one of its functions is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. Existing law establishes specific labor protections for sheepherders and goat herders, as defined, relating to wages, meal and rest periods, lodging, and other conditions of employment. Existing law imposes civil penalties, as prescribed, for violations of these provisions. Existing law, the Phase-In Overtime for Agricultural Workers Act of 2016, establishes a schedule that phases in overtime requirements for persons employed in an agricultural occupation, as defined. The act, beginning January 1, 2022, among other things, requires that any work performed by a person employed in an agricultural occupation in excess of 12 hours per day be compensated at a rate of no less than twice the employee's regular rate of pay. Existing law requires the Department of Industrial Relations to update a specific wage order of the Industrial Welfare Commission governing agricultural occupations to be consistent with the act, except in specified circumstances in which the existing wage order offers greater protections. The act defines the term "employed in an agricultural occupation" for these purposes as having the same meaning as in that wage order. For purposes of the Phase-In Overtime for Agricultural Workers Act of 2016, this bill would create an exception from the above-described definition for sheepherders or goat herders, as defined in that order.

Existing law places various requirements on, and prohibits certain actions by, debt buyers with respect to charged-off consumer debts. This bill would prohibit a charged-off consumer debt from being sold or assigned more than one year after the debt was charged off. The bill would require a charge-off creditor to notify the consumer when the creditor sells or assigned a charged-off consumer debt to a debt buyer. Existing law prescribes various time periods for the commencement of actions other than for the recovery of real property, including within 4 years for an action upon any contract, obligation, or liability founded upon an instrument in writing, as specified. This bill would prohibit an action from being brought to recover a charged-off consumer debt on or after the date that is the earliest of specified dates. The bill would prohibit a debt buyer from bringing an action to recover a charged-off consumer debt after one year from the date the debt was charged off.

Existing law provides that the State Air Resources Board consists of 14 voting members, 12 of whom are appointed by the Governor, with the consent of the Senate, one of whom is appointed by the Senate Committee on Rules, and one of whom is appointed by the Speaker of the Assembly. Existing law specifies that voting members serve a term of 6 years. This bill would authorize any member of the state board to be removed from office by the Legislature, by concurrent resolution adopted by a majority vote of all members elected to each house, for dereliction of duty or corruption or incompetency. Existing law, the California Global Warming Solutions Act of 2006, establishes the state board as the state agency responsible for monitoring and regulating sources emitting greenhouse gases. The act requires the state board to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. This bill would, for any regulation proposed by the state board that would impose costs exceeding $10,000,000 on California consumers, require the state board to submit the proposed regulation to the Legislative Analyst for an independent economic analysis, as specified. The bill would require the state board to prepare and publish on its internet website a written response to the Legislative Analyst's report no less than 30 days before adopting the proposed regulation, as provided. The bill would require the state board to publish on its internet website all final resolutions, supporting documents, and proposed regulations in their complete and final form no less than 72 hours before any state board vote, and, once published, would prohibit any amendments, revisions, or alterations to be made to the final resolutions, supporting documents, or proposed regulations before the state board's vote.

Existing law governs the recall of certain state and local elective officers. Existing law requires proponents of a recall to serve, file, and publish a copy of the notice of intention to recall the elective officer, as specified. Existing law requires the notice of intention to contain, among other things, the printed name, signature, and residence address, including street and number, city, and ZIP Code, of each proponent of the recall. Existing law requires publication of the notice of intention in a newspaper of general circulation in the jurisdiction of the officer sought to be recalled. If there is no newspaper of general circulation, the notice of intention must be posted in at least 3 public places within the jurisdiction. This bill would require the proponents' signatures and the street numbers and street names of their residence to be redacted or otherwise excluded from the notice of intention before it is made available to the public. If there is no newspaper of general circulation in the jurisdiction of the officer sought to be recalled, the bill would require the notice of intention to also be posted on at least 3 internet websites.

Existing law establishes the California Farmland Conservancy Program in the Department of Conservation and authorizes the program to offer financial assistance, including grants or contracts, for projects and activities on agricultural lands that support agricultural conservation and sustainable land management. Existing law creates the California Farmland Conservancy Program Fund and requires moneys in the fund, upon appropriation by the Legislature in the annual Budget Act, to be used for purposes of the program. Notwithstanding that provision, existing law continuously appropriates moneys in the fund from federal grants and gifts and donations to the department for purposes of the program. This bill would require the Controller to transfer $20,000,000 on July 1 of each fiscal year, commencing with the 2025–26 fiscal year, from the General Fund to the California Farmland Conservancy Program Funding Account, which the bill would create within the California Farmland Conservancy Program Fund. The bill would continuously appropriate moneys in the account to the department for expenditure as provided. The bill would require that the funding only be awarded for agricultural conservation easements on agricultural land, as defined.