Existing law prohibits a person or entity from initiating or advertising in unsolicited commercial email advertisements and imposes specified other restrictions relating to the collection and use of email addresses for unsolicited commercial email advertisements. This bill would require a company that sends one or more unsolicited commercial mail advertisements to the same address in a year to include specified information on those advertisements, including a toll-free number that can be used to opt out from or cease receiving commercial mail advertisements from the company. The bill would require a company, upon receiving a request from a recipient to opt out from or cease receiving advertising, to remove the recipient's mailing address from the company's internal mailing lists and to contact any mail delivery service or third party to ensure that the recipient no longer receives the company's commercial mail advertisements. This bill would subject a company that knowingly violates those provisions to a civil fine of at least $1,000 and up to $1,000,000 for each violation, and would specify factors to be used to determine the amount of the fine. The bill would authorize a city attorney, district attorney, or the Attorney General to bring an action to enforce these provisions.
Sponsored bills
The existing Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and grants the Energy Commission the exclusive authority to certify any stationary or floating electrical generating facility using any source of thermal energy, with a generating capacity of 50 megawatts or more, and any facilities appurtenant thereto. This bill would require the Energy Commission, in consultation with the Offshore Wind Project Certification, Fisheries, Community, and Indigenous Peoples Advisory Committee, which the bill would create, to establish a process for the certification of offshore wind generation facilities that is analogous to the existing requirements for certification of thermal powerplants, but applicable to offshore wind generation facilities, and would make the Energy Commission the exclusive authority for the certification of offshore wind generation facilities. The bill would require an applicant for certification of an offshore wind generation facility to certify specified matter. The bill would state the intent of the Legislature to amend the bill to provide sufficient direction and authority to the commission to: (1) evaluate, assess, and mitigate, to the extent feasible, any adverse impacts on indigenous peoples, fishing, and local communities adversely affected by the permitting, development, and operation of offshore wind generation projects, (2) recover the costs of mitigation from the applicants for certification of offshore wind generation facilities, (3) impose assessments on offshore wind generation facilities in order to ensure full economic and environmental compensation for any adverse effects offshore wind generation projects may have on indigenous peoples, fishing, and local communities, and (4) provide mechanisms whereby any assessments be adopted in a duly noticed public hearing, be deposited in publicly audited accounts, and be disbursed annually in an open and public process. The California Constitution establishes the Public Utilities Commission (PUC) , with jurisdiction and certain authority over all public utilities, subject to control by the Legislature. Existing decisions of the PUC institute an Electric Program Investment Charge (EPIC) to fund renewable energy and research, development, and demonstration programs. Existing law creates in the State Treasury the Electric Program Investment Charge Fund to be administered by the Energy Commission and requires the PUC to forward to the Energy Commission at least quarterly moneys for those EPIC programs the PUC has determined should be administered by the Energy Commission for deposit in the fund. This bill would, upon appropriation by the Legislature from the fund, require the Energy Commission to establish a program for the research of the effects of offshore wind generation development on fisheries, Native American populations, and small local governments in those regions of the state where development of offshore wind generation projects are proposed along the coast of California.
Existing law, the California Tourism and Marketing Act, establishes a nonprofit mutual benefit corporation named the California Travel and Tourism Commission under the direction of a board of commissioners composed of 37 members, including the Director of the Governor's Office of Business and Economic Development. This bill, the California Tourism Recovery Act, would require the commission to, upon a determination by the State Department of Public Health that it is safe to resume travel in California, implement a strategic media and jobs recovery campaign known as the "Calling All Californians" program for the purpose of reversing the impact of the COVID-19 pandemic on the travel and tourism industry in California, as specified. The bill would require the commission to report to the Legislature, on or before January 1, 2024, regarding the cost of the program and the impact of the program on the tourism industry in California. The bill would require, only upon appropriation by the Legislature, the Controller to transfer $45,000,000 to the commission for the purpose of implementing the "Calling All Californians" program.
Existing law establishes the California Farmland Conservancy Program Act, to be administered generally by the Department of Conservation, and provides that it is the intent of the act to, among other things, encourage voluntary, long-term private stewardship of agricultural lands by offering landowners financial incentives, encourage local land use planning for orderly and efficient urban growth and conservation of agricultural land, and encourage improvements to enhance long-term sustainable agricultural uses. The act establishes the California Farmland Conservancy Program Fund and requires, except as provided, moneys in the fund, upon appropriation, to be used for the purposes of the California Farmland Conservancy Program, which include, among other things, the purchase of agricultural conservation easements, fee title acquisition grants, and land improvement and planning grants. This bill would establish the California Conservation Ranching Incentive Program as a separate component of the California Farmland Conservancy Program. The bill would authorize the Director of Conservation to, subject to appropriation, enter into contracts for an initial term of 3 years with nonpublic entities that are owners of record or lessees of productive rangelands, grazing lands, or grasslands that are determined by the director to be important for the conservation of grassland birds, soil health, and biodiversity. The bill would require these contracts to include an agreement by the owner and any lessee to restore, enhance, and protect the grassland habitat character of the land subject to the contract and to require the Department of Conservation to pay a specified amount to the owner or lessee for undertaking conservation obligations under the contract. The bill would create the California Conservation Ranching Incentive Program Account in the California Farmland Conservancy Program Fund and would make funds deposited in the account available for expenditure, upon appropriation, to the department for purposes of the program. The bill would authorize the department to use up to 30% of the funds to provide grants to nonprofit organizations, regional conservancies, or resource conservation districts for specified purposes relating to the program, including assisting owners or lessees with enrollment or implementation of the program or preparation of management plans, as specified.
Existing federal law, the federal Patient Protection and Affordable Care Act (PPACA) , requires each state to establish an American Health Benefit Exchange to facilitate the purchase of qualified health benefit plans by qualified individuals and qualified small employers. PPACA defines a "qualified health plan" as a plan that, among other requirements, provides an essential health benefits package. Existing state law creates the California Health Benefit Exchange, also known as Covered California, to facilitate the enrollment of qualified individuals and qualified small employers in qualified health plans as required under PPACA. Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law provides for the regulation of health insurers by the Department of Insurance. 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. This bill, the California Guaranteed Health Care for All Act, would create the California Guaranteed Health Care for All program, or CalCare, to provide comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of all residents of the state. The bill, among other things, would provide that CalCare cover a wide range of medical benefits and other services and would incorporate the health care benefits and standards of other existing federal and state provisions, including the federal Children's Health Insurance Program, Medi-Cal, ancillary health care or social services covered by regional centers for persons with developmental disabilities, Knox-Keene, and the federal Medicare program. The bill would require the board to seek all necessary waivers, approvals, and agreements to allow various existing federal health care payments to be paid to CalCare, which would then assume responsibility for all benefits and services previously paid for with those funds. This bill would create the CalCare Board to govern CalCare, made up of 9 voting members with demonstrated and acknowledged expertise in health care, and appointed as provided, plus the Secretary of California Health and Human Services or their designee as a nonvoting, ex officio member. The bill would provide the board with all the powers and duties necessary to establish CalCare, including determining when individuals may start enrolling into CalCare, employing necessary staff, negotiating pricing for covered pharmaceuticals and medical supplies, establishing a prescription drug formulary, and negotiating and entering into necessary contracts. The bill would require the board, on or before July 1, 2024, to conduct and deliver a fiscal analysis to determine whether or not CalCare may be implemented and whether revenue is more likely than not to pay for program costs, as specified. The bill would require the board to convene a CalCare Public Advisory Committee with specified members to advise the board on all matters of policy for CalCare. The bill would establish an 11-member Advisory Commission on Long-Term Services and Supports to advise the board on matters of policy related to long-term services and supports. This bill would provide for the participation of health care providers in CalCare, including the requirements of a participation agreement between a health care provider and the board, provide for payment for health care items and services, and specify program participation standards. The bill would prohibit a participating provider from discriminating against a person by, among other things, reducing or denying a person's benefits under CalCare because of a specified characteristic, status, or condition of the person. This bill would prohibit a participating provider from billing or entering into a private contract with an individual eligible for CalCare benefits regarding a covered benefit, but would authorize contracting for a health care item or service that is not a covered benefit if specified criteria are met. The bill would authorize health care providers to collectively negotiate fee-for-service rates of payment for health care items and services using a 3rd-party representative, as provided. The bill would require the board to annually determine an institutional provider's global budget, to be used to cover operating expenses related to covered health care items and services for that fiscal year, and would authorize payments under the global budget. This bill would state the intent of the Legislature to enact legislation that would develop a revenue plan, taking into consideration anticipated federal revenue available for CalCare. The bill would create the CalCare Trust Fund in the State Treasury, as a continuously appropriated fund, consisting of any federal and state moneys received for the purposes of the act. Because the bill would create a continuously appropriated fund, it would make an appropriation. This bill would prohibit specified provisions of this act from becoming operative until the Secretary of California Health and Human Services gives written notice to the Secretary of the Senate and the Chief Clerk of the Assembly that the CalCare Trust Fund has the revenues to fund the costs of implementing the act, the people of California have approved the necessary revenue mechanisms, and the Legislature has approved implementation of the CalCare by statute. The California Health and Human Services Agency would be required to publish a copy of the notice on its internet website. 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.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law prohibits a person without the appropriate license from exercising a privilege or performing any act for which the license is required, and a violation of this prohibition is a misdemeanor or a felony, as specified. Existing law authorizes a licensed craft distiller to manufacture and produce distilled spirits, subject to specified conditions, including that the licensee manufacture no more than 150,000 gallons of distilled spirits per fiscal year and sell no more than 2.25 liters of prepackaged containers of the licensee's spirits per day per consumer. This bill would additionally authorize a licensed craft distiller to sell and ship distilled spirits directly to a California resident, who is at least 21 years of age, for the resident's personal use and not for resale, under specific conditions. This bill would also authorize a person currently licensed in another state as a craft distiller, or licensed in a similar manner, that obtains a distilled spirits direct shipper permit to sell and ship distilled spirits directly to a California resident, who is at least 21 years of age, for the resident's personal use and not for resale, under similar conditions. The bill would make a knowing violation of these provisions a misdemeanor. The bill would establish a new license type for a distilled spirits direct shipper permit (Type 89) and would set an application fee of $100 and an annual renewal fee of $25. By expanding the scope of an existing crime and 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.
Existing law imposes limits on the size, weight, and load of vehicles that may be operated on the highway and authorizes the Department of Transportation and local authorities, with respect to highways under their respective jurisdictions, to issue permits to operate the vehicles exceeding the specified size, weight, and load limits. This bill would, no later than July 1, 2022, require the department to develop a pilot program for the purpose of issuing a special permit to the operator of a vehicle, combination of vehicles, or mobile equipment permitting the hauling of raw milk in excess of 80,000 pounds if the vehicle, combination, or equipment meets specified criteria. The bill would require an application for the permit to contain specified information, including a description of the vehicles to be operated under the permit. The bill would state that a permit is valid for one year and may be canceled by the department for specified reasons including the failure of the applicant to maintain any of the conditions required for the application. The bill would state that the holder of a permit is not authorized to operate outside of designated corridors identified by the department. The bill would require the department to submit a report to the Legislature, as specified. The bill would require the department to conduct a study focused on specific issues, including air pollution emission reductions and fuel consumption, and provide results to the appropriate legislative policy committees. The bill would authorize the department to charge a fee, as specified. The bill would repeal these provisions on January 1, 2030.
Existing law requires the Governor to appoint every office whose mode of appointment is not prescribed by law. Existing law also prescribes the manner of the Governor's appointment of those officers. This bill would require the office of the Governor to convene, on or before June 1, 2022, a working group to discuss and make recommendations on the most effective way to ensure the state's leadership on boards and commissions reflects the diversity in age, ethnicity, gender, gender identity, disability status, region, veteran status, and sexual orientation, among other things, that are representative of the state. The bill would require these recommendations to be completed and published on the Governor's internet website no later than March 1, 2023, and contain specified recommendations. The bill would set forth selection and qualification requirements for members of the working group. The bill would also require the working group to hold its first meeting no later than September 1, 2022, and to determine a schedule, at that first meeting, to have 5 additional meetings completed no later than February 1, 2023. The bill would terminate the working group on January 1, 2024. This bill would require the office of the Governor, on or before December 1, 2022, and on or before every December 1 thereafter, to create and deliver to the Legislature a report containing specified information relating to the demographic information, as defined, of individuals appointed by the office of the Governor and relating to information on every state board and commission. The bill would also require, on or before December 1, 2022, and on or before every December 1 thereafter, a portion of that report relating to the boards and commissions of the state to be published on the internet website of the office of the Governor. The bill would also make related findings and declarations.
Existing law establishes the California Health and Human Services Agency, which includes the State Department of Public Health, among other state departments charged with the administration of health, social, and other human services. Under existing law, the State Department of Public Health has authority over various programs promoting public health, including genetic disease testing and newborn screenings. This bill would establish the Rare Disease Advisory Council within the California Health and Human Services Agency. This bill would specify the purposes of the Rare Disease Advisory Council, including, among others, coordinating statewide efforts for the study of the incidence of rare diseases within the state, and acting as the advisory body on rare diseases to the Legislature and state and private agencies that provide services to persons with rare diseases. Under the bill, the duties of the advisory council would include, among others, adopting implementing regulations, researching and determining the most appropriate method to collect data on rare diseases, and identifying best practices for rare disease care. The bill would specify the composition of the advisory council, including members appointed by the Secretary of California Health and Human Services and the State Public Health Officer. Before any appointments are made, the bill would require the agency to research and report to the Legislature on existing sources of funding that may be used to finance the formation and operation of the advisory council. The bill would require the advisory council to apply for, and accept, any grant of funds from the federal government, private foundations, or other sources. The bill would prohibit the advisory council from accepting funds from the employer of any sitting council member. The bill would require the advisory council to meet at least 3 times annually and to report to the agency and the Legislature every 2 years on its activities, findings, and recommendations.
Existing law requires, during the next revision of the publication "Health Framework for California Public Schools," the Instructional Quality Commission to consider developing, and recommending for adoption by the State Board of Education, a distinct category on mental health instruction to educate pupils about all aspects of mental health. Existing law requires mental health instruction for these purposes to include, but not be limited to, specified elements, including reasonably designed and age-appropriate instruction on the overarching themes and core principles of mental health. This bill would require each school district, county office of education, state special school, and charter school that offers one or more courses in health education to pupils in middle school or high school to include in those courses instruction in mental health that meets the requirements of the bill, as specified. The bill would require that instruction to include, among other things, reasonably designed instruction on the overarching themes and core principles of mental health. The bill would require that instruction and related materials to, among other things, be appropriate for use with pupils of all races, genders, sexual orientations, and ethnic and cultural backgrounds, pupils with disabilities, and English learners. The bill would require the State Department of Education to develop a plan to expand mental health instruction in California public schools on or before January 1, 2024.