Sen. Steve Padilla

The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling. The act defines "beverage container" to mean the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and that is constructed of metal, glass, or plastic, or other material, or any combination of these materials, but does not include cups or other similar open or loosely sealed receptacles. A violation of the act is a crime. Existing law authorizes the department, subject to the availability of funds, to pay a quality incentive payment of up to $180 per ton to qualified recyclers for thermoform plastic containers diverted from curbside recycling programs, as provided. This bill would delete that authorization. The bill would instead require, on and after January 1, 2027, if a beverage is subject to the act and offered for sale in a plastic beverage container with a plastic cap, beverage manufacturers to ensure that the container has a cap that is tethered to the container that prevents the separation of the cap from the container when the cap is removed from the container by the consumer. The bill would exempt, until January 1, 2028, any type of beverage container with a recycling rate of better than 70% for calendar years 2022 and 2023, as determined by the department, from compliance with that requirement. The bill would exempt beverage containers with a capacity of 2 liters or more and beverage containers that contain beer or other malt beverages, wine or distilled spirits, or 100% fruit juice from the scope of the bill. The bill would also exempt a refillable plastic beverage container and a beverage manufacturer that sold or transferred 16,000,000 or fewer plastic beverage containers, as provided, during the previous calendar year from the scope of the bill. By creating a new requirement under the act, a violation of which would be 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 establishes the Government Operations Agency, which consists of several state entities, including, among others, the State Personnel Board, the Department of General Services, and the Office of Administrative Law. Under existing law, the Government Operations Agency is under the direction of an executive officer known as the Secretary of Government Operations, who is appointed by, and holds office at the pleasure of, the Governor, subject to confirmation by the Senate. This bill would require the secretary, by July 1, 2026, to appoint a mental health and artificial intelligence working group, as specified, that would evaluate certain issues to determine the role of artificial intelligence in mental health settings. The bill would require the working group to take input from various stakeholder groups, including health organizations and academic institutions, and conduct at least 3 public meetings. The bill would require the working group to produce a report of its findings to the Legislature by July 1, 2028, and issue a followup report by January 1, 2030, as specified. The bill would repeal its provisions on July 1, 2031.

The California Emergency Services Act authorizes the Governor to declare a state of emergency, and local officials and local governments to declare a local emergency, when specified conditions of disaster or extreme peril to the safety of persons and property exist. Existing law establishes the Office of Emergency Services within the office of the Governor and charges it with responsibility for the state's emergency and disaster response services for natural, technological, or manmade disasters and emergencies, including responsibility for activities necessary to prevent, respond to, recover from, and mitigate the effects of emergencies and disasters upon people and property. Existing law requires the Office of Emergency Services, in consultation with, at minimum, telecommunications carriers, the California cable and broadband industry, radio and television broadcasters, the California State Association of Counties, the League of California Cities, the access and functional needs community, appropriate federal agencies, and the Standardized Emergency Management System Alert and Warning Specialist Committee, to develop guidelines for alerting and warning the public of an emergency. This bill would require the office to establish a statewide emergency alert system called California Alert. The bill would require California Alert to utilize Wireless Emergency Alerts authorized by the Integrated Public Alert Warning System, the Federal Emergency Management Agency's national system for local alerting that provides authenticated emergency information to the public through mobile phones within a designate cell tower's coverage area. The bill would require the office to contract with a private vendor that provides alerting systems to send California Alerts to registered phone numbers that are not location based. The bill would require the office to establish standards for issuing emergency alerts to California residents across local jurisdictional boundaries.

Existing law provides that the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state, including devices used to measure electricity sold as a motor vehicle fuel. Existing law regulates the use and repair of weighing or measuring devices. Existing law authorizes a device to be placed in service only by a sealer or a service agency. Existing law prohibits, until January 1, 2028, requiring electric vehicle supply equipment (EVSE) to be retested or placed in service by a service agency or sealer, if the EVSE has previously been placed in service by a service agency or sealer, before the EVSE is used after receiving maintenance, as specified. This bill would authorize an EVSE that has been audited or tested by the manufacturer or supplier to be used commercially without further testing during the remainder of the inspection period adopted by the Secretary of Food and Agriculture, but not until it has been sealed by a sealer. The bill would, among other things, require the county sealer to ensure that certain EVSE installed before January 1, 2026, are initially placed in service and tested by a sealer on or before January 1, 2027, at no additional cost other than the registration fees paid by the EVSE owner or operator. The bill would, until January 1, 2028, if an EVSE has previously been placed in service, no longer require the EVSE to be retested or placed in service by a service agency or sealer before the EVSE is used after receiving maintenance in a manner that does not affect the EVSE being correct. The bill would require the Division of Measurement Standards, on or before January 1, 2027, to issue guidance and develop statewide resources relevant to weights and measures for EVSE, as specified, and to consider and implement optional pathways for EVSE testing and placed-in-service requirements, including in-factory auditing or testing and certification by a factory- or supplier-registered service agency.

Existing law designates 8 agencies in state government and requires the secretary of an agency to be generally responsible for the sound fiscal management of each department, office, or other unit within the agency. Existing law further requires the secretary of an agency to, among other duties, continually seek to improve the organization structure, the operating policies, and the management information systems of each department, office, or other unit. This bill would establish the Immigrant and Refugee Affairs Agency as an agency within state government, to be headed by a secretary who is appointed by the Governor and subject to Senate confirmation. The bill would specify that the purpose of the agency is to enhance, and reduce obstacles to, immigrant and refugee inclusion into the social, cultural, economic, and civic life of the state. The bill would authorize the secretary to, among other things, assist other state agencies in evaluating their programs for accessibility and effectiveness in providing services to immigrants and refugees and recommending policy and budget mechanisms for meeting immigrant and refugee inclusion. This bill would establish the Office of Immigrant and Refugee Affairs within the agency, under the direction of the Statewide Director of Immigrant and Refugee Inclusion. The bill would declare the intent to incorporate existing and future programs created to assist immigrants and refugees into the office. The bill would transfer to the office the property of any other office, agency, or department that relates to functions concerning immigrant and refugee affairs. The bill would require every officer and employee who is performing a function at another office, agency, or department that is transferred to the Office of Immigrant and Refugee Affairs to also be transferred to the office, and would provide that every officer and employee who is serving in the state civil service who is transferred to the office shall retain their status, position, and rights, except as specified. The bill would create the Immigrant and Refugee Inclusion Fund within the State Treasury, and would make the moneys in the fund available to the office upon appropriation by the Legislature. The bill would transfer to the office any unencumbered balance of any appropriation or other funds that were available for use in connection with any function transferred to the office. This bill would limit interagency sharing of information, would prohibit sharing of personal information of immigrants and refugees outside of the agency, and would prohibit use of agency resources to directly or indirectly participate or assist in immigration enforcement activity. Existing law establishes the Statewide Director of Immigrant Integration and requires the director serve as the statewide lead for the planning and coordination of immigrant services and policies in California. Existing law requires, among other things, that the director develop a comprehensive statewide report on programs and services that serve immigrants, develop an online clearinghouse of immigrant services, resources, and programs, and monitor the implementation of statewide laws and regulations that serve immigrants. This bill would recast those provisions to rename the director as the Statewide Director of Immigrant and Refugee Inclusion and would require the director to, among other things, develop a mission statement, strategic plan, and matrix of success for the office, and to report to the Legislature biannually on successes and challenges in meeting immigrant and refugee inclusion goals. The bill would require the director, by January 1, 2027, to report to the Governor and the Legislature on programs and services that serve immigrants and refugees and on a statewide plan for better implementation and coordination of immigrant and refugee assistance policies and programs. The bill would repeal the bill's provisions on January 1, 2036. 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 California Consumer Financial Protection Law (CCFPL) , establishes certain consumer protections relating to consumer financial products, practices, and services, including, among others, making it unlawful for covered persons or service providers, as defined, to, among other acts, engage in unlawful, unfair, deceptive, or abusive acts or practices with respect to consumer financial products or services. Existing law establishes that the purpose of the CCFPL is to promote consumer welfare, fair competition, and wealth creation in this state by promoting, among other things, nondiscriminatory access to consumer financial products and services that are understandable and not unfair, deceptive, or abusive. Existing law authorizes the Department of Financial Protection and Innovation, under the direction of the Commissioner of Financial Protection and Innovation, to prescribe rules regarding registration requirements applicable to a covered person in the business of offering or providing a consumer financial product or service, as defined, and rules requiring the payment of registration fees. This bill would expand the purposes of the CCFPL to include the protection of small businesses from abusive financial practices, as specified. The bill would require the department to prescribe rules regarding registration requirements applicable to covered persons seeking to offer or provide commercial financing products, as defined and specified. The bill would, commencing January 1, 2027, prohibit a person from engaging in the business of offering to provide or providing commercial financing products without first registering with the commissioner, as specified. The bill would impose various duties on commercial financing providers and brokers, including, among other things, prohibiting the taking of a confession of judgment or power of attorney at any time before a default, as specified. The bill would make various conforming changes.

The hazardous waste control laws require the Department of Toxic Substances Control (DTSC) to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime. Existing law requires a generator of hazardous waste to pay to the California Department of Tax and Fee Administration a generation and handling fee for each generator site that generates a specified amount of waste, as provided, and authorizes DTSC to adopt regulations necessary to implement generator fees. Existing law exempts geothermal waste resulting from drilling for geothermal resources from the hazardous waste control laws for a specified reason. Existing law also exempts geothermal waste, excluding filter cake, that is generated from the exploration, development, or production of geothermal energy and that does not result from drilling for geothermal resources, from the hazardous waste control laws under specified circumstances. This bill would require the DTSC to prepare and submit to the Legislature, no later than July 1, 2026, a study regarding the issues that would arise if geothermal waste that is not exempt from generation and handling fees pursuant to existing law is made exempt from those fees.

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 (EIR) 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. Existing law exempts from CEQA a rezoning that implements the schedule of actions contained in an approved housing element, as specified, except, among other things, a rezoning that would allow for the construction of a distribution center or for oil and gas infrastructure. This bill would instead exempt a rezoning to the extent that it is necessary to implement a schedule of actions contained in an approved housing element, except, among other things, a rezoning that would allow for the construction of a distribution center, for a tourism facility, as defined, or for oil and gas infrastructure. Existing law, for a proposed housing development project, as defined, that would otherwise be exempt from CEQA pursuant to a statutory exemption or specified categorical exemptions, but for a single condition, limits the application of CEQA to the effects upon the environment that are caused by that single condition, except as provided. This bill, for purposes of those provisions, would modify the definition of housing development project to exclude a project that has any portion of the project designated for use as a tourism facility, as defined. To the extent that this would create new duties for a lead agency, this bill would impose a state-mandated local program. Existing law exempts specified projects from CEQA, including a project that consists exclusively of a facility for advanced manufacturing, as defined, if the project is located on a site zoned exclusively for industrial uses. Existing law excludes projects located on natural and protected lands, as defined, from these exemptions, as provided. Existing law includes in the definition of natural and protected lands, lands protected as preserve areas or reserve lands pursuant to an adopted natural community conservation plan or habitat conservation plan, as specified. This bill would instead include, for that portion of the definition of natural and protected lands, lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan, as specified. The bill would also expand the definition of natural and protected lands to include habitat for protected species, as specified, fully protected species, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act. The bill would eliminate the exemption from CEQA for advanced manufacturing projects. The bill would instead exempt from CEQA, until January 1, 2030, a project that consists exclusively of a facility for semiconductor manufacturing if the project is located on a site that was zoned exclusively for heavy industrial use on or before August 1, 2025, and meets specified criteria, including, among other things, that the project does not involve the storage, use, or discharge of extremely hazardous gases or chemicals above California's accidental release program reporting thresholds, the project applicant demonstrates high road employment standards and certifies to the lead agency that it will maintain those standards in the development, construction, and operation of the facility, and the project applicant has provided a legally binding commitment to comply with specified labor-related requirements with respect to the initial construction of the facility and subsequent maintenance that is contracted out to a contractor in the construction industry, as specified. Because a lead agency would be required to determine the applicability of this exemption, the bill would impose a state-mandated local program. The bill would require the State Energy Resources Conservation and Development Commission to develop and make available to lead agencies guidelines for evaluating whether a project applicant demonstrates high road employment standards. The bill would require the Office of Land Use and Climate Innovation, on or before January 1, 2029, to report to the Legislature on projects that were exempted from CEQA pursuant to the above exemption, as provided, and require the report to include a list of the projects for semiconductor manufacturing facilities that have been approved for development in the state, as specified. CEQA requires in an action or proceeding to attack, review, set aside, void, or annul certain acts or decisions of a public agency to be commenced according to a specified process and requires the record of proceedings to contain specified information, including all internal agency communications, except as specified. Existing law provides that for those projects that do not include a distribution center or oil and gas infrastructure, internal agency communication does not include staff notes and electronic internal agency communications, including emails, that were not presented to the final decisionmaking body, other than those communications and documents consulted, or reviewed by the lead agency executive or a local agency executive, as provided, thereby limiting what the record of proceeding is required to contain for these projects. This bill would eliminate the above-described limitation on internal agency communication required to be included in the record of proceedings for those projects that do not include a distribution center or oil and gas infrastructure, thereby requiring additional information to be included in the record of proceeding. By imposing new duties on a lead agency in order to comply with this provision, the bill would create 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.

The Personal Income Tax Law allows various credits against the taxes imposed by that law, including a young child tax credit to a qualified taxpayer in a specified amount multiplied by the earned income tax credit adjustment factor, as provided. That law also allows a payment from the continuously appropriated Tax Relief and Refund Account for an amount in excess of tax liability. Existing law defines "qualified taxpayer" for this purpose to include an eligible individual, as defined, who has a qualifying child, defined to be a child younger than 6 years of age as of the last day of the taxable year, and who meets other specified criteria. This bill, for taxable years beginning on or after January 1, 2025, would instead define a "qualifying child" to mean a child younger than a specified age as of the last day of the taxable year, as described. By increasing the payments from the Tax Relief and Refund Account, a continuously appropriated fund, the bill would make an appropriation. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure.

Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioner's name and recognize the change to the petitioner's gender and sex identifier, as specified. Existing law requires that either of those petitions, if filed by a person under 18 years of age, and any papers associated with the proceeding, be kept confidential by the court. Existing law requires the court to limit access to these records to specified individuals, including, among others, the minor, the minor's parents, and their attorney. This bill would expand the above-described confidentiality protections to other petitioners regardless of age. The bill would also expand these protections to court records associated with a proceeding under separate provisions of existing law for a change of name to conform a petitioner's name to their gender identity. The bill would require the court to limit access to the court records in these proceedings to certain individuals, as specified. The bill would apply these confidentiality provisions in the case of (1) a petition filed on or after July 1, 2026; (2) a petition filed before July 1, 2026, if the petitioner files a request to keep the records confidential, as specified; or (3) records that were previously made confidential by statute or otherwise. The bill would prohibit a person or private entity, other than the petitioner, from publicly posting one of the above-described confidential records on the internet or otherwise. The bill would make a violation of these confidentiality requirements an injury and, commencing 6 months after the effective date of this bill, would authorize a person or entity to institute proceedings for injunctive relief, declaratory relief, or a writ of mandate to enforce them. The bill would require a court to award reasonable attorney's fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this authority. The bill would also authorize a petitioner who has been harmed by a disclosure or continuing disclosure of records, as specified, to, commencing 6 months after the effective date of this bill, bring a civil action against a person or private entity that caused the harm. The bill would require a person or private entity found liable to pay actual damages or statutory damages, punitive damages, and reasonable attorney's fees and costs, as specified. The bill would, on or before July 1, 2026, require the Judicial Council, as necessary, to develop forms and rules to implement the bill's provisions. Under the bill, nothing in these provisions would preclude a court from granting a motion to seal all court records of a person's change of name or gender and sex identifier, or both, pursuant to a specified California Rule of Court. The bill would state that whether a transgender person's gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy, and that a transgender person has a privacy interest in concealing their transgender identity. The bill would make legislative findings and declarations in support of its provisions. The bill would declare that its provisions are severable. 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. This bill would declare that it is to take effect immediately as an urgency statute.