Existing law provides for state cooperation with the federal government in the construction of specified flood control projects, and prescribes requirements to be met prior to state authorization of flood management projects that receive state financial aid. Existing law authorizes the state to provide subvention funds, as prescribed, to the Counties of Monterey and Santa Cruz, or to local agencies in those counties, for a flood control project on the Pajaro River, as described, at an estimated cost to the state of the sum that may be appropriated by the Legislature upon the recommendation and advice of the Department of Water Resources, as specified, and provided the county or local agency receiving these funds indemnifies the state for liability that may result from the project. This bill would authorize the state, upon appropriation by the Legislature, to make funds available to plan, engineer, design, and construct a flood control project on the Pajaro River, as described. In the absence of federal funding, the bill would authorize the state, through the Flood Control Subventions Program, to provide this funding for the project as the project is described in a specified report by the United States Army Corps of Engineers. This bill would limit the funding for planning, engineering, designing, and constructing the project to the amount that would be the equivalent state share if there was federal project funding.
Sponsored bills
This measure would proclaim September 29, 2019, as Gold Star Mothers' and Families' Day.
This measure would declare September 23, 2019, as First Responder Day.
This measure would state that the Legislature strongly and unequivocally objects to federal preemption of state authority relating to the regulation of vessel discharges in California waters, remains steadfast in its commitment to protect California's waters from aquatic invasive species introductions, and is resolved to consider any appropriate actions to overturn the federal preemption of California authority.
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 and funded by federal Medicaid program provisions. Existing law provides that federally qualified health center (FQHC) services and rural health clinic (RHC) services, as defined, are covered benefits under the Medi-Cal program, to be reimbursed, to the extent that federal financial participation is obtained, to providers on a per-visit basis. "Visit" is defined as a face-to-face encounter between a patient of an FQHC or RHC and specified health care professionals, including a physician and marriage and family therapist. Under existing law, "physician," for these purposes, includes, but is not limited to, a physician and surgeon, an osteopath, and a podiatrist. This bill would authorize reimbursement for a maximum of 2 visits taking place on the same day at a single location if after the first visit the patient suffers illness or injury requiring additional diagnosis or treatment, or if the patient has a medical visit and a mental health visit or a dental visit, as defined. The bill would authorize an FQHC or RHC that currently includes the cost of a medical visit and a mental health visit that take place on the same day at a single location as a single visit for purposes of establishing the FQHC's or RHC's rate to apply for an adjustment to its per-visit rate, and after the department has approved that rate adjustment, to bill a medical visit and a mental health visit that take place on the same day at a single location as separate visits, in accordance with the bill. This bill would also include a licensed acupuncturist within those health care professionals covered under the definition of "visit." The bill would require the department, by July 1, 2020, to submit a state plan amendment to the federal Centers for Medicare and Medicaid Services to reflect certain changes described in the bill, and to seek necessary federal approvals. The bill would also make conforming and technical changes.
Existing law establishes in each county a county department of agriculture under the control of a county agricultural commissioner. Existing law requires a county agricultural commissioner to compile, and to transmit to the Secretary of Food and Agriculture, reports of the condition, acreage, production, and value of the agricultural products in the county. This bill would authorize a county agricultural commissioner to report to the secretary on the condition, acreage, production, and value of cannabis produced in the commissioner's county under a cultivation license issued pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act in a similar manner as required for agricultural products pursuant to the above-described provision. The bill would provide that this data may be organized by categories including, but not limited to, state cultivator license type and other specified categories. The bill would prohibit a county agricultural commissioner from seeking reimbursement from certain funding sources for expenses incurred pursuant to this authority.
Existing law authorizes any party to obtain discovery in civil actions by taking the oral deposition of any person, including any party to the action. Under existing law, a deposition examination of the witness by all counsel, other than the witness' counsel of record, is generally limited to 7 hours of total testimony. Existing law provides an exception to the 7-hour limitation for depositions taken in cases designated as complex. In such cases, the deposition examination of a witness by all counsel other than the witness' counsel of record is limited to 2 days of no more than 7 hours of total testimony each day, or 14 hours of total testimony, unless a licensed physician attests that the deponent suffers from an illness or condition that raises substantial medical doubt of the deponent's survival beyond 6 months. This bill would require that, in any civil action for injury or illness that results in mesothelioma or silicosis, a deposition examination of the plaintiff by counsel other than the plaintiff's counsel of record be limited to 7 hours of total testimony if a licensed physician attests in a declaration that the deponent suffers from mesothelioma or silicosis, raising substantial medical doubt of the survival of the deponent beyond 6 months. A party would be authorized by this bill to seek an order permitting up to (1) an additional 3 hours of deposition testimony if more than 10 defendants appear at the deposition, and an additional 7 hours of deposition testimony if more than 20 defendants appear at the deposition. A court would be authorized to grant the additional time only upon a finding that the extension is in the interest of fairness, and a determination that the health of the deponent does not appear to be endangered by the grant of additional time.
(1) Existing law, the Fort Ord Reuse Authority Act, establishes the Fort Ord Reuse Authority (the authority) to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in the County of Monterey. The act provides that the authority is governed by a board comprised of 13 members representing the County of Monterey and specified cities within the county, which the act designates as "member agencies." The act provides that any local agency that does not adopt a resolution favoring establishment of the authority is not required to appoint a voting member to the board. This bill would reduce the size of the board from 13 members to 5 members and eliminate representation for certain cities. The bill would delete the provision regarding a local agency not being required to appoint a voting member to the board. The bill would require the vote of a majority of the total membership of the board to pass or act upon any matter properly before the board. The bill would make these provisions operative on July 1, 2020. (2) Existing law requires the board to prepare, adopt, review, revise, and maintain a plan for the future use and development of the territory occupied by Fort Ord. Existing law requires the plan to include certain elements, including, among others, a 5-year capital improvement program, as provided. This bill, on and after July 1, 2020, would prohibit any additions to the plan, including the capital improvement program. (3) Existing law authorizes representatives of certain entities to serve as ex officio, nonvoting members of the board. This bill, on July 1, 2020, would reduce the number of representatives authorized to serve as ex officio, nonvoting members, as provided, and would additionally authorize a representative designated by the Marina Coast Water District to serve as an ex officio, nonvoting member. (4) Existing law authorizes the board to appoint or remove additional ex officio members at its pleasure. Existing law authorizes the board to appoint advisory committees to provide it with options, critique, analysis, and other information as it finds useful. After adoption of a reuse plan by the board, existing law requires each county or city with territory occupied by Fort Ord to submit its general plan or amended general plan that meets certain requirements, or subsequent amendments to a certified plan, to the board and requires the board, after a noticed public hearing, to certify or refuse to certify the portion of the general plan that applies the territory of Fort Ord, as provided. Existing law similarly provides for the submission and review by the board of the county's or city's zoning ordinances, zoning district maps, and, where necessary, other implementing actions applicable to the territory of Fort Ord. Existing law provides that development review authority, with certain exceptions, is exercised by the applicable county or city, but prohibits a local agency from permitting, approving, or otherwise allowing a development or other change of use within the area of Fort Ord that is not consistent with the reuse plan adopted by the board. Existing law authorizes the board to review actions of each member agency regarding planning, zoning, and the issuance or denial of building permits within the area of Fort Ord, subject to specified limitations. Existing law provides specific procedures regarding the preparation of an environmental impact report on the Fort Ord Reuse Plan that apply in the event that an environmental impact statement on the closure and reuse of Fort Ord has been filed pursuant to the federal National Environmental Policy Act of 1969. Existing law authorizes the board to receive contributions from member agencies represented on the board. Existing law requires each member agency and each public agency represented by an ex officio member to contribute specified amounts to the authority. This bill would repeal all of these provisions on July 1, 2020. (5) Existing law authorizes the board to identify basewide public capital facilities described in the Fort Ord Reuse Plan, as provided, and requires the board to plan for and arrange for the provision of those facilities. Existing law requires the board to also identify significant local public capital facilities, but requires these facilities to be the responsibility of the city or county or redevelopment agency, as provided. Existing law prohibits the board from constructing or otherwise acting to improve a local public capital facility without the consent of the city or county with land use authority over the area where the facility is or will be located. Existing law also prohibits, if all or any portion of the Fritzsche Army Air Field is transferred to the City of Marina, or if all or any portion of the 2 Army golf courses within the territory of Seaside are transferred to the City of Seaside, the board from considering those portions of the air field that continue to be used as an airport or those portions of the golf courses that continue in use as a golf course, from being basewide capital facilities. Existing law authorizes the board, among other things, to issue bonds to finance basewide public facilities. This bill, on July 1, 2020, would delete the prohibitions described above, and would eliminate the board's authority to issue bonds to finance basewide public facilities. (6) Under existing law, the Fort Ord Reuse Authority Act becomes inoperative when the board makes a specified determination regarding the development or reuse of the territory of Fort Ord or on June 30, 2020, whichever occurs first. Existing law repeals the act on January 1, 2021. Existing law requires the Monterey County Local Agency Formation Commission to provide for the orderly dissolution of the authority, as provided. This bill would, instead, make the Fort Ord Reuse Authority Act inoperative on June 30, 2022, and repeal the act on January 1, 2023. The bill would require the authority to negotiate and secure successor agencies for all obligations under the transition plan no later than June 30, 2022. The bill would require the Monterey County Local Agency Formation Commission to provide for the orderly dissolution of the authority once an agreement with a successor agency has been finalized. The bill would require the transfer of specified revenues of the authority to the County of Monterey for disbursement to each underlying land use jurisdiction on a pro rata basis. The bill would specify that any financial obligation of the authority to which the County of Monterey succeeds as a result of the disbursement of remaining revenues or the retirement of debt does not constitute a debt or liability of the county, or any other member agency. The bill would make these provisions operative on July 1, 2020. This bill would authorize the authority to take specified actions regarding its dissolution, including implementing the transition plan and collecting and disbursing specified revenues. The bill would authorize an underlying land use jurisdiction to adopt a substitute funding mechanism in lieu of the community facilities district established for the Fort Ord area if the jurisdiction commits to continue funding specified regional needs. The bill would also deem the transition plan to be within the scope of a specified categorical exemption from the California Environmental Quality Act. The bill would make these provisions operative on July 1, 2020. (7) Existing law establishes procedures for the establishment and operation of all redevelopment project areas created within the area previously known as Fort Ord. Existing law, upon dissolution of the authority, requires that amounts allocated under a redevelopment plan that contains a provision for the division of taxes, if any levied upon taxable property within a redevelopment project, continue to be paid to the accounts of the authority insofar as needed to pay principal and interest or other amounts of debt incurred by the authority. This bill, upon dissolution of the authority or retirement of its debt, whichever occurs later, would require that any remaining property tax revenues allocated to the authority be transferred to the auditor-controller of the County of Monterey for appropriate distribution. (8) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Monterey. (9) By adding to the duties of various local agencies with respect to the dissolution of the Fort Ord Reuse Authority, 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.
(1) Existing law vests with the State Lands Commission jurisdiction over specified public lands in the state, including tidelands and submerged lands. The California Coastal Act of 1976 also establishes the California Coastal Commission and requires the commission to regulate development in the coastal zone, as defined. Existing law creates the Integrated Climate Adaptation and Resiliency Program to be administered by the Office of Planning and Research, and requires the Director of State Planning and Research, no later than January 1, 2017, to establish the program to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change, as specified. This bill would establish the Program for Coastal Resilience, Adaptation, and Access for the purpose of funding specified activities intended to help the state prepare, plan, and implement actions to address and adapt to sea level rise and coastal climate change. The bill would create the Coastal Resilience, Adaptation, and Access Fund in the State Treasury, and would authorize the California Coastal Commission and specified state agencies to expend moneys in the fund, upon appropriation in the annual Budget Act, to take actions, based upon the best scientific information, that are designed to address and adapt to sea level rise and coastal climate change, as prescribed. The bill would require the Natural Resources Agency to annually make available information regarding any activity funded under the program on a publicly accessible internet website. The bill would also require the Natural Resources Agency, and any other state agency to which funding is allocated, to consider the guidance and resources developed by the Integrated Climate Adaptation and Resiliency Program to help inform decisions relating to activities funded with moneys from the Coastal Resilience, Adaptation, and Access Fund. (2) Existing law requires the State Lands Commission, with specified exceptions, to deposit all revenue, money, and remittances received by the commission from certain state lands in the General Fund, and requires that sufficient moneys from those deposits be made available each fiscal year for payments for expenditures of the commission, specified payments to cities and counties pursuant to agreements covering transferred lands, mineral rights, and oil and gas well removal and remediation, as prescribed. This bill would require, for the 2020–21 fiscal year and for each fiscal year thereafter, an amount equal to 30% of those funds received by the commission and required to be deposited into the General Fund by the commission pursuant to those provisions, except as provided, but not to exceed $50,000,000, to be transferred to the Coastal Resilience, Adaptation, and Access Fund and made available, upon appropriation in the annual Budget Act, for expenditure for purposes of the Program for Coastal Resilience, Adaptation, and Access.
Existing law, the Household Movers Act, provides for the regulation of household movers by the Bureau of Household Goods and Services in the Department of Consumer Affairs. The act authorizes a peace officer to enforce or assist in the enforcement of certain provisions of the act that are subject to criminal penalties. This bill would also authorize a person employed as a special investigator or supervising special investigator by the bureau and designated by the Director of Consumer Affairs to issue a written notice to appear in court for those violations for which a peace officer may enforce or assist in the enforcement, in accordance with specified procedures.