Sen. Robert M. Hertzberg

This measure would urge the Congress and the President of the United States to work together to enact the robust bipartisan federal infrastructure legislation necessary to restore California's and other states' crumbling road and freight infrastructure, respond to growing traffic congestion, and increase investment in public transportation, most particularly, by expanding paratransit services for the elderly and those with special needs. The measure would additionally urge the Congress and the President of the United States to address the shortfall in the federal Highway Trust Fund by restoring the lost purchasing power of the federal fuel tax, in order to provide the long-term funding stability necessary for California and other states.

Under existing law, the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, are the 3 segments of public postsecondary education in this state. Existing federal law, known as Title IX, prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance. A portion of the Donahoe Higher Education Act, known as the Equity in Higher Education Act, and the Sex Equity in Education Act establish, among other things, that it is the policy of the State of California that all persons, regardless of their sex, should enjoy freedom from discrimination of any kind in the educational institutions of the state. This bill would require public postsecondary institutions to post on each institution's internet website, and to provide to an expectant parent through on-campus health clinics, notification of protections under Title IX for pregnant students and parenting students. To the extent that this bill would impose additional requirements on community college districts, it would impose a state-mandated local program. Existing law authorizes public postsecondary institutions to establish and maintain child development programs on or near their campuses. This bill would encourage child development programs established by the California Community Colleges, the California State University, and the University of California to give specified priority to children of students who are single parents and who meet specified income requirements. 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.

Existing law authorizes the Director of General Services, with the approval of the Adjutant General, to lease and sell real property held for armory purposes, subject to legislative approval. Existing law establishes the Armory Fund and requires that all proceeds from the sale or lease of armories be deposited into the fund for use, upon appropriation by the Legislature, for specified purposes related to armories. This bill would authorize the Director of General Services, with the approval of the Adjutant General, to lease a portion of the West Los Angeles Armory to the County of Los Angeles. The bill would require the lease to be for a period of 5 years, and to include options for 4 extensions of 5 additional years each, as specified.

Existing law authorizes, until January 1, 2025, a school district governing board to enter into a design-build contract, as defined, in which factors in addition to price and cost may be considered in awarding a contract for the design and construction of a school facility that exceeds $1,000,000. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project 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. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would specify that a certain school district entering into a design-build contract for projects that are subject to a project labor agreement retains the discretion to take specified actions related to the contract. The bill would require the contract to contain specified terms and conditions. The bill would prohibit a design-build entity or its subcontractor performing work on a project for a school district from engaging in any activity under the design-build contract beyond the design phase of the contract unless the school district issues certain notices, including a notice to proceed with the construction. The bill would, for purposes of procuring or awarding a design-build contract for a project, deem a school district to have complied with CEQA if the school district retains the discretion to take those specified actions and the contract contains those required terms and conditions. This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.

Existing law subjects employers to various requirements related to the payment of wages. Existing law generally requires that if an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. Existing law establishes specific provisions that entitle an employee engaged in the production or broadcasting of motion pictures, as defined, whose employment terminates, to receive payment of the wages earned and unpaid at the time of the termination by the next regular payday, as defined. Existing law establishes penalties for certain violations relating to payment in accordance with these specific provisions. This bill would establish similar specific provisions for a print shoot employee, as defined. Under existing law, the willful refusal to pay wages due and payable after demand is made, or falsely denying indebtedness for an employee's wages with prescribed intent, is a crime. By establishing new wage payment provisions, the willful or intentional violation of which 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. This bill would declare that it is to take effect immediately as an urgency statute.

The Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. Existing law requires the Franchise Tax Board to annually adjust for inflation these adjusted gross income amounts. For 2018, the adjusted gross income limit is $83,282 and $41,641, respectively. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements. Existing law establishes the continuously appropriated Tax Relief and Refund Account in the General Fund and provides that payments required to be made to taxpayers or other persons from the Personal Income Tax Fund are to be paid from that account, including any amount allowable as an earned income tax credit in excess of any tax liabilities. This bill, for taxable years beginning on or after January 1, 2020, and before January 1, 2025, and only when specified in a bill relating to the Budget Act, would increase the credit amount for a qualified renter to $220 and $434, as provided. In the event the increased credit amount is not specified in a bill relating to the Budget Act, the existing credit amounts of $120 and $60, as described above, respectively, would be the credit amounts for that taxable year. The bill would require the Franchise Tax Board to annually recompute for inflation the credit amount for taxable years on or after January 1, 2021, and before January 1, 2025, unless otherwise provided. The bill would provide findings and declarations relating to the goals, purposes, and objectives of this credit. The bill, for credits allowable for taxable years beginning on or after January 1, 2020, and before January 1, 2025, would provide that the credit amount in excess of the qualified renter's liability would be refundable and paid from the Tax Relief and Refund Account to the qualified renter upon appropriation by the Legislature. This bill would take effect immediately as a tax levy.

Existing law requires each urban retail water supplier to calculate an urban water use objective no later than November 1, 2023, and by November 1 every year thereafter. Existing law requires the urban water use objective to be composed of the sum of certain water use estimates, including aggregate estimated efficient water losses. Existing law authorizes the State Water Resources Control Board to issue information orders, written notices, and conservation orders to an urban retail water supplier that does not meet its urban water use objective, as specified. Existing law requires the board, no earlier than January 1, 2019, and no later than July 1, 2020, to adopt rules requiring urban retail water suppliers to meet performance standards for the volume of water losses. This bill would prohibit the board from issuing an information order, written notice, or conservation order to an urban retail water supplier that does not meet its urban water use objective if the board determines the urban retail water supplier is not meeting its urban water use objective solely because the volume of water loss exceeds the urban retail water supplier's standard for water loss and the board is taking enforcement action against the urban retail water supplier for not meeting the performance standards for the volume of water losses.

Existing law, the Mental Health Services Act (MHSA) , an initiative statute enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. Existing law prohibits MHSA moneys from being used to pay for persons incarcerated in state prison or parolees from state prisons. Existing law authorizes the act to be amended by a 23 vote of the Legislature if the amendments are consistent with, and further the intent of, the act. Existing law authorizes the Legislature to add provisions to clarify procedures and terms of the act by majority vote. This bill would amend the act to authorize the counties to use MHSA moneys to provide services to persons who are participating in a presentencing or postsentencing diversion program or who are on parole, probation, postrelease community supervision, or mandatory supervision. By authorizing a new use of continuously appropriated moneys, this bill would make an appropriation. The bill would state the finding of the Legislature that this act is consistent with, and furthers the intent of, the Mental Health Services Act.

Existing law establishes the position of California Poet Laureate, who is appointed for a specified term by the Governor and confirmed by the Senate from a list of nominees provided by the Arts Council through a specified process, and who performs certain duties. This bill would establish the position of California Laureate for Science, Technology, Engineering, and Mathematics, who would be appointed for a specified term by the Governor and confirmed by the Senate from a list of nominees provided by the California Council on Science and Technology. The bill would require the laureate to perform various duties, including undertaking a specific project. The bill, upon appropriation of funds by the Legislature, would authorize the payment of an appropriate stipend and payment for expenses incurred in fulfilling these duties as the laureate. The bill would also permit the laureate to fundraise for their own stipend. The bill would also authorize the solicitation and receipt of gifts, donations, bequests, grants of funds, or any other revenues from public or private sources and the expenditure of those moneys to increase the stipend of the laureate and for any other purpose necessary to implement this bill.

Existing law makes an able-bodied person 18 years of age or older who neglects or refuses to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist, as described, in making an arrest, retaking into custody a person who has escaped from arrest or imprisonment, or preventing a breach of the peace or the commission of any criminal offense, after being lawfully required by a uniformed peace officer or a judge, guilty of a misdemeanor and subject to punishment by a fine of not less than $50 nor more than $1,000. This bill would repeal that provision and make conforming changes.