Photo of Robert M. Hertzberg
D California Senate · District 18

Sen. Robert M. Hertzberg

Compare
Total votes
28,591
all sessions
Attendance
94%
1,274 missed
Lower than 86% of chamber peers
With party
99%
of cast votes
Higher than 79% of chamber peers
Bipartisan score
0%
crosses aisle rarely
Near the chamber average
Sponsored
1,256
bills & resolutions
Near the chamber average
Committees
0
assignments
1,256 bills and resolutions

Sponsored bills

Total
1,256
Primary
300
Co-sponsor
956
This page
1,256
matching current filters
Co-sponsor AB 475
Failed · California Assembly · Co-sponsor
GO-Biz: trade and investment desk: Japan.

The Economic Revitalization Act establishes the Governor's Office of Business and Economic Development, also known as "GO-Biz," to, among other duties, serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. Existing law requires the director of GO-Biz to develop an International Trade and Investment Program for the state and authorizes the director to establish and terminate international trade and investment offices outside of the United States as the director determines is appropriate, if specific requirements are met. This bill, no later than January 1, 2024, upon appropriation of sufficient funds for this purpose, would require GO-Biz to establish under its jurisdiction an international trade and investment desk in Tokyo, Japan, and makes related findings and declarations. The bill would require the trade and investment desk to have those powers and duties prescribed by the director to promote and facilitate the state's international trade activities and would require the trade and investment desk to, among other things, promote the export of California goods and services into Japan. The bill would also authorize GO-Biz to contract with the Japan External Trade Organization (JETRO) to provide office and meeting space, as specified. Existing law requires the director of GO-Biz to prepare and submit an annual budget and strategy and business plan for the International Trade and Investment Program that includes, among other things, a separately stated budget for each international trade and investment office. Existing law requires that budget and strategy and business plan to be submitted to specified legislative committees. This bill would require the director of GO-Biz to include information regarding the Japan trade and investment desk in that budget and strategy and business plan for the International Trade and Investment Program.

Failed Feb 1, 2022 1 co-sponsor
Co-sponsor AB 329
Failed · California Assembly · Co-sponsor
Bail.

Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law authorizes specified sheriff, police, and court employees to approve and accept bail in the amount fixed by the warrant of arrest, schedule of bail, or order admitting to bail. Existing law requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified. This bill would require bail to be set at $0 for all offenses except, among others, serious or violent felonies, violations of specified protective orders, battery against a spouse, sex offenses, and driving under the influence. The bill would require the Judicial Council to prepare, adopt, and annually revise a bail schedule for the exempt offenses. The bill would state the intent of the Legislature to enact further changes to current law to ensure that a defendant is not detained pending trial simply due to an inability to pay for the amount of bail in the statewide schedule. The bill would prohibit costs relating to conditions of release on bail from being imposed on persons released on bail or on their own recognizance. The bill would require the sheriff, police, and court employees above to approve and accept bail in the amount fixed by the bail schedule. This bill would require the court to order a return of money or property paid to a bail bond licensee by or on behalf of the arrestee to obtain bail if the action or proceeding against the arrestee who has been admitted to bail is dismissed, no charges are filed against the arrestee within 60 days of arrest, or the arrestee has made all court appearances during the pendency of the action or proceeding against the arrestee, as specified. The bill would authorize the bail bond licensee to retain surcharge not to exceed 5% of the amount paid by the arrestee or on behalf of the arrestee. The bill would require the court to order this return of money or property only for a bail contract entered into on or after January 1, 2022.

Failed Feb 1, 2022 1 co-sponsor
Co-sponsor AB 241
Failed · California Assembly · Co-sponsor
Referendum measures.

(1) Existing law specifies the order in which statewide ballot measures are required to appear on the ballot, with referendum measures required to be last after all initiative measures. This bill would instead require initiative and referendum measures to appear in the order in which they qualify for the ballot. (2) The California Constitution provides that the electors may approve or reject a statute by referendum. Senate Constitutional Amendment 1 of the 2021–22 Regular Session, if approved by the voters, would require that the ballot for a referendum measure provide that a "Yes" vote is in favor of the referendum and rejects the statute or part of the statute subject to the referendum, and a "No" vote is against the referendum and approves the statute or part of the statute subject to the referendum, thus requiring a majority vote in favor of the referendum to reject the statute or part of the statute subject to the referendum. This bill would make conforming statutory changes contingent on the approval of the voters of SCA 1 of the 2021–22 Regular Session.

Failed Feb 1, 2022 1 co-sponsor
Co-sponsor AB 377
Failed · California Assembly · Co-sponsor
Water quality: impaired waters.

Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system (NPDES) permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided. Existing law authorizes the imposition of civil penalties for violations of certain waste discharge requirements and requires that penalties imposed pursuant to these provisions be deposited into the Waste Discharge Permit Fund, to be expended by the state board, upon appropriation by the Legislature, for specified purposes related to water quality. For violations of certain other waste discharge requirements, including the violation of a waste discharge requirement effluent limitation, existing law imposes specified civil penalties, the proceeds of which are deposited into the continuously appropriated State Water Pollution Cleanup and Abatement Account, which is established in the State Water Quality Control Fund. This bill would require, by January 1, 2023, the state board and regional boards to prioritize enforcement of all water quality standard violations that are causing or contributing to an exceedance of a water quality standard in a surface water of the state. The bill would require the state board and regional boards, by January 1, 2025, to evaluate impaired state surface waters and report to the Legislature a plan to bring all water segments into attainment by January 1, 2050. The bill would require the state board and regional boards to update the report with a progress summary to the Legislature every 5 years. The bill would create the Waterway Recovery Account in the Waste Discharge Permit Fund and would make moneys in the Waterway Recovery Account available for the state board to expend, upon appropriation by the Legislature, to bring impaired water segments into attainment in accordance with the plan. The bill would require penalties obtained pursuant to the above-described prioritized enforcement of water quality standards to be deposited into the Waterway Recovery Account. The bill would require, by January 1, 2026, and subject to a future legislative act, 50% of the annual proceeds of the State Water Pollution Cleanup and Abatement Account to be annually transferred to the Waterway Recovery Account. The bill would require the state board, upon appropriation by the Legislature, to expend 5% of the annual proceeds of the State Water Pollution Cleanup and Abatement Account to fund a specified state board program.

Failed Feb 1, 2022 1 co-sponsor
Co-sponsor SB 556
Vetoed · California Senate · Co-sponsor
Street light poles, traffic signal poles: small wireless facilities attachments.

Existing law requires a local publicly owned electric utility to make appropriate space and capacity on and in its utility poles, as defined, and support structures available for use by cable television corporations, video service providers, and telephone corporations. Existing law requires fees adopted to cover the costs to provide this use, and terms and conditions of access, to meet specified requirements, and specifies the manner in which these fees and terms and conditions of access could be challenged. This bill would prohibit a local government or local publicly owned electric utility from unreasonably denying the leasing or licensing of its street light poles or traffic signal poles to communications service providers for the purpose of placing small wireless facilities on those poles. The bill would require that street light poles and traffic signal poles be made available for the placement of small wireless facilities under fair, reasonable, and nondiscriminatory fees, as provided. The bill would authorize a local government or local publicly owned electric utility to condition access to its street light poles or traffic signal poles on reasonable terms and conditions, including reasonable aesthetic and safety standards. The bill would specify time periods for various actions relative to requests for placement of a small wireless facility by a communications service provider on a street light pole or traffic signal pole. The bill would authorize a local publicly owned electric utility or local government to deny an application for use of a street light pole or traffic signal pole, as applicable, because of insufficient capacity or safety, reliability, or engineering concerns subject to certain conditions. By placing additional requirements upon local publicly owned electric utilities and local governments, the bill would impose a state-mandated local program. Existing law, the Digital Infrastructure and Video Competition Act of 2006, establishes a procedure for the issuance of state franchises for the provision of video service, defined to include cable service and open-video systems, administered by the Public Utilities Commission. The act requires the holder of a state franchise to annually report to the commission, on a census tract basis, specified information relative to availability and usage of broadband and video service. Existing law requires the commission to annually report to the Legislature, by December 31, on an aggregated basis, the information submitted by holders of a state franchise. This bill would require mobile telephony service providers, on or before December 31, 2022, 2023, 2024, and 2025, to measure and report to the Legislature their progress towards meeting the goal of universal broadband access for each census tract in the state in which the mobile telephony service provider provides wireless broadband service, by reporting the percentage of each census tract it provides wireless broadband service. The bill would authorize mobile telephony service providers to aggregate and submit that information through a third party. Under existing law, a violation of the Public Utilities Act is a crime. Because the above-described reporting requirement would be part of the Public Utilities Act and a failure to comply with those requirements would be a crime, this bill would impose a state-mandated local program by creating a new crime. 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.

Vetoed Jan 27, 2022 1 co-sponsor
Co-sponsor SB 244
Vetoed · California Senate · Co-sponsor
Lithium-ion batteries: illegal disposal: fire prevention.

The Rechargeable Battery Recycling Act of 2006 requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries, defined to include lithium-ion batteries, for reuse, recycling, or proper disposal. The act requires the system for the acceptance and collection of used rechargeable batteries to include, at a minimum, specified elements, including, among others, the take-back of a used rechargeable battery at no cost to the consumer. The hazardous waste control laws, among other things, authorize the Department of Toxic Substances Control to regulate the generation and disposal of hazardous waste. Existing law prohibits a person from intentionally disposing of or causing the disposal of a hazardous or extremely hazardous waste at a point not authorized by the hazardous waste control laws, as provided. Under existing department-adopted regulations, specified hazardous wastes, including certain batteries, are designated as "universal waste" and are regulated separately pursuant to universal waste management provisions. This bill would prohibit a person from knowingly disposing of a lithium-ion battery in a container or receptacle that is intended for the collection of solid waste or recyclable materials, unless the container or receptacle is designated for the collection of batteries for recycling pursuant to specified laws. The bill would require the Department of Resources Recycling and Recovery, on or before July 1, 2024, and in consultation with the Department of Toxic Substances Control, to develop a guidance document for use by local governments to better inform, educate, and increase public awareness regarding the proper handling and disposal of lithium-ion batteries and products that contain lithium-ion batteries, as provided. The bill would authorize the Department of Resources Recycling and Recovery, in carrying out that requirement, to solicit and use any expertise available in other state agencies and would authorize the department to convene a specified working group to advise on the content, development, and promotion of the guidance document. The bill would require the Department of Forestry and Fire Protection, before January 1, 2023, in consultation with relevant state agencies and stakeholders, to develop a model protocol that identifies best practices for the detection, safe handling, and suppression of fires that originate from discarded lithium-ion batteries or products that contain lithium-ion batteries on or in solid waste or recycling collection vehicles, transfer or processing stations, or disposal facilities, as provided. The bill would require a solid waste enterprise, before July 1, 2023, after consulting with the county fire marshal of every county in which the solid waste enterprise conducts solid waste collection operations, to adopt, or update if necessary, a protocol and arrange any necessary training for relevant employees that identifies procedures to follow under those same circumstances. By imposing new duties on county fire marshals, 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.

Vetoed Jan 27, 2022 1 co-sponsor
Co-sponsor SB 792
Vetoed · California Senate · Co-sponsor
Sales and use tax: returns: online transactions: local jurisdiction schedule.

The Sales and Use Tax Law, administered and enforced by the California Department of Tax and Fee Administration, imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Existing law authorizes the department to require the filing of reports by any person or class of persons with information relating to sales of tangible personal property, the storage, use, or other consumption of which is subject to the use tax, as specified. Existing law requires a retailer or purchaser subject to the sales and use tax to file, on or before the last day of the month following each quarterly period, a return for the preceding quarterly period. This bill, for reporting periods beginning on or after January 1, 2022, would require a qualified retailer, defined as a retailer whose annual qualified sales of tangible personal property transacted online exceeded $50,000,000 for the previous calendar year, to include with each tax return a schedule that reports for each local jurisdiction the gross receipts from the qualified sale of tangible personal property shipped or delivered to a purchaser in that jurisdiction. The bill would subject a qualified retailer who fails or refuses to timely furnish that schedule to a penalty of $5,000. The bill would define terms for its purposes.

Vetoed Jan 27, 2022 1 co-sponsor
Co-sponsor SB 378
Signed into law · California Senate · Co-sponsor
Local government: broadband infrastructure development project permit processing: microtrenching permit processing ordinance.

Existing law, the Permit Streamlining Act, governs the approval process that a city or county is required to follow when approving, among other things, a permit for construction or reconstruction for a development project for a wireless telecommunications facility and a collocation or siting application for a wireless telecommunications facility. This bill would require a local agency to allow, except as provided, microtrenching for the installation of underground fiber if the installation in the microtrench is limited to fiber. The bill would also require, to the extent necessary, a local agency with jurisdiction to approve excavations to adopt or amend existing policies, ordinances, codes, or construction rules to allow for microtrenching. The bill would provide that these provisions do not supersede, nullify, or otherwise alter the requirements to comply with specified safety standards. The bill would authorize a local agency to impose a fee for its reasonable costs on an application for a permit to install fiber, as provided. By imposing new duties on local agencies with regard to the installation of fiber, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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.

Signed into law Oct 8, 2021 1 co-sponsor
Co-sponsor SB 4
Signed into law · California Senate · Co-sponsor
Communications: California Advanced Services Fund.

(1) Existing law establishes the Governor's Office of Business and Economic Development, known as "GO-Biz," within the Governor's office to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth. This bill would require the office to coordinate with other relevant state and local agencies and national organizations to explore ways to facilitate streamlining of local land use approvals and construction permit processes for projects related to broadband infrastructure deployment and connectivity. (2) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law establishes 5 accounts, the Broadband Infrastructure Grant Account, the Rural and Urban Regional Broadband Consortia Grant Account, the Broadband Public Housing Account, the Broadband Adoption Account, and the Federal Funding Account, within the CASF. Existing law provides that the goal of the Broadband Infrastructure Grant Account is, by no later than December 31, 2026, to approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households. Upon the accomplishment of that goal, existing law makes up to $30,000,000 remaining in the Broadband Infrastructure Grant Account available for infrastructure projects that provide last-mile broadband access to households to which no facility-based broadband provider offers broadband service at speeds of at least 10 megabits per second (mbps) downstream and one mbps upstream. Existing law authorizes the commission to impose a surcharge to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. Existing law specifies the amount of surcharge revenues to be deposited into each account within the CASF, subject to appropriation by the Legislature. Existing law authorizes the commission, in administering Broadband Infrastructure Grant Account, to require each infrastructure grant applicant to indicate steps taken to first obtain any available funding from the Connect America Fund program or similar federal public programs that fund broadband infrastructure. This bill would provide that the goal of the Broadband Infrastructure Grant Account is to approve funding for infrastructure projects that will provide broadband access to no less than 98% of California households by no later than December 31, 2032, rather than December 31, 2026. The bill would delete the provision making up to $30,000,000 available for infrastructure projects upon the accomplishment of that goal, as specified. The bill would authorize moneys appropriated from the CASF to be used to fund projects that deploy broadband infrastructure to unserved nonresidential facilities used for local and state emergency response activities, including fairgrounds. The bill would delete the commission's authorization to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. The bill would authorize the commission, through imposition of a surcharge, to collect up to $150,000,000 per year. The bill would delete the commission's authorization to require each infrastructure grant applicant to indicate steps taken to first obtain any available funding from federal public programs, as specified. (3) 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 of the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, 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 a specified reason. (4) This bill would become effective only if AB 14 of the 2021–22 Regular Session is enacted and takes effect on or before January 1, 2022. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Signed into law Oct 8, 2021 1 co-sponsor
Co-sponsor AB 118
Signed into law · California Assembly · Co-sponsor
Department of Social Services: C.R.I.S.E.S. Grant Pilot Program.

Existing law establishes the State Department of Social Services in the Health and Welfare Agency and sets forth its powers and duties relating to the administration of various programs relating to public social services. This bill would enact the Community Response Initiative to Strengthen Emergency Systems Act, or the C.R.I.S.E.S. Act, for purposes of creating, implementing, and evaluating the C.R.I.S.E.S. Grant Pilot Program, which the act would establish. The bill would require the department to administer the program if appropriate funding is made available to the department. The bill would require the department to award grants to qualified grantees, which include city, county, and tribal departments of social services, disability services, health services, public health, or behavioral health, based on grant eligibility criteria developed in partnership with a stakeholder workgroup. This bill would require each grantee to receive a minimum award of $250,000 per year under the program. The bill would require a grantee to award at least 90% of grant funds received to one or more qualifying community-based organizations, as defined. The bill would require funds awarded under the program to be utilized to create and strengthen community-based alternatives to law enforcement to lessen the reliance on law enforcement agencies as first responders to crisis situations unrelated to a fire department or emergency medical service response. This bill would require a grantee to report at least annually to the department on the use of funding awarded under the program. The bill would require the department to convene a stakeholder workgroup consisting of specified individuals to make recommendations to the department regarding the implementation of the program, as specified. This bill would establish the Community Response Initiative to Strengthen Emergency Systems Program Fund within the State Treasury, and would provide that, upon appropriation by the Legislature, the moneys may be expended by the department for purposes of the program. The bill would prohibit the department from expending more than 5% of appropriated funds on administrative costs, as specified. The bill would require the department to award all grants by January 1, 2023. This bill would authorize the department to implement, interpret, or make specific the provisions of the program without taking regulatory action, as specified. The bill would grant immunity to the state from liability resulting from the activities of a grantee or community-based organization under the program. This bill would repeal these provisions on June 30, 2026.

Signed into law Oct 8, 2021 1 co-sponsor
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