(1) Existing law creates the enhanced fleet modernization program, administered by the Bureau of Automotive Repair in the Department of Consumer Affairs, to provide compensation for the retirement of passenger vehicles, and light-duty and medium-duty trucks that are high polluters. Existing law provides that under this program compensation for retired vehicles for a low-income motor vehicle owner, as defined, is $1,500, and for all other motor vehicle owners, it is $1,000. Existing law authorizes this compensation to be increased by the department based on various factors, including the emissions benefits of the vehicle's retirement. This bill would require the state board, in consultation with the bureau and no later than June 30, 2015, to update the guidelines for the enhanced fleet modernization program to include specified elements and to study and consider specified elements. The bill, in addition, would establish compensation for replacement vehicles for low-income vehicle owners at not less than $2,500 and would make this compensation available to an owner in addition to the compensation for a retired vehicle. The bill also would instead authorize an increase in the compensation under these programs for either retired or replacement vehicles only for low-income motor vehicle owners as necessary to balance maximizing air quality benefits of the program while ensuring participation by low-income motor vehicle owners, as specified. (2) Existing law, until January 1, 2016, increases vehicle registration fees, vessel registration fees, and specified service fees for identification plates by a specified amount. Existing law requires the revenue generated by the increase in those fees to be deposited in the Alternative and Renewable Fuel and Vehicle Technology Fund, and either the Air Quality Improvement Fund or the Enhanced Fleet Modernization Subaccount, as provided. Existing law, until January 1, 2016, imposes on certain vehicles a smog abatement fee of $20, and requires a specified amount of this fee to be deposited in the Air Quality Improvement Fund and in the Alternative and Renewable Fuel and Vehicle Technology Fund. This bill would extend those fees in the amounts required to make these deposits into the Alternative and Renewable Fuel and Vehicle Technology Fund, the Air Quality Improvement Fund, and the Enhanced Fleet Modernization Subaccount until January 1, 2024, at which time the fees would be reduced by those amounts. (3) Existing law establishes the Carl Moyer Memorial Air Quality Standards Attainment Program, which is administered by the state board, to provide grants to offset the incremental cost of eligible projects that reduce emissions of air pollutants from sources in the state and for funding a fueling infrastructure demonstration program and technology development efforts. Existing law, beginning January 1, 2015, limits the Carl Moyer program to funding projects that reduce emissions of oxides of nitrogen (NOx) . This bill would extend the current authorization for the Carl Moyer program to fund a broader range of projects that reduce emissions until January 1, 2024, and would make other conforming changes in that regard. The bill also would delete obsolete references and make conforming changes to the Carl Moyer program. (4) Section 3 of Article XIX of the California Constitution restricts the expenditure of revenues from fees and taxes imposed by the state on vehicles to specified purposes, subject to certain exceptions. This bill would require the commission and the state board to ensure that revenues from specified fees imposed on vehicles that are used for purposes of the Alternative and Renewable Fuel and Vehicle Technology Program and the Air Quality Improvement Program are expended in compliance with Section 3 of Article XIX of the California Constitution. (5) This bill would make its provisions contingent on the enactment of AB 8 of the 2013–14 Regular Session. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
Existing state and federal law regulates the provision of credit and the use of credit cards. The Song-Beverly Credit Card Act of 1971 generally regulates credit card transactions and prohibits a person or entity that accepts credit cards for the transaction of business from requesting, or requiring as a condition to accepting the credit card, that the cardholder write any personal identification information, as defined, upon the credit card transaction form or otherwise. Existing law prohibits a person or entity that accepts credit cards for the transaction of business from requesting, or requiring as a condition to accepting the credit card, that the cardholder provide his or her personal identification information to the person or entity to be written or caused to be written upon the credit card transaction form or otherwise. Notwithstanding those provisions, existing law authorizes a person or entity that accepts credit cards for the transaction of business to require the cardholder, as a condition to accepting the credit card, to provide reasonable forms of positive identification, which may include a driver's license or a California state identification card, provided that the information is not written or recorded on the credit card transaction form or otherwise. Existing law authorizes the use of ZIP Code information in a sales transaction at a retail motor fuel dispenser or retail motor fuel payment island with an automated cashier that uses the ZIP Code information solely for prevention of fraud, theft, or identity theft. This bill would authorize a person or entity that accepts credit cards in an online transaction involving an electronic downloadable product, as defined, to require a cardholder, as a condition to accepting a credit card as payment in full or in part, in an online transaction involving an electronic downloadable product, to provide personal identification information, as defined, if it requires that information for the detection, investigation, or prevention of fraud, theft, identity theft, or criminal activity, or for enforcement of terms of sale, and the personal identification information is used solely for those purposes. The bill would require that person or entity to destroy or dispose of the personal identification information it requires in a secure manner after it is no longer needed for those purposes. The bill would prohibit that person or entity from aggregating personal identification information and from sharing personal identification information it requires with any other person or entity, as specified. The bill, notwithstanding the foregoing provisions, would also authorize a person or entity accepting a credit card in an online transaction involving an electronic downloadable product to require a consumer to establish an account as a condition for purchase of the product and to provide personally identifiable information in connection with that account, as specified. The bill would also authorize a consumer, concurrent with completing a transaction for an electronically downloadable product, to elect to opt in to the collection and use of personally identifiable information provided certain disclosures are made and he or she is permitted to opt out prior to completing the transaction.
Existing law, the Consumers Legal Remedies Act, makes unlawful certain acts identified as unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods to any consumer. Existing case law had held that act to encompass omissions, including the omission of a material fact a person was obliged to disclose. This bill, for the purposes of the Consumers Legal Remedies Act, would provide that fraud or deceit may consist of the suppression or omission of a material fact by one who is bound to disclose it or who gives information of other facts that are likely to mislead for want of communication of that fact, and would provide that a fact is material if a reasonable person would attach importance to its existence or nonexistence in determining a choice of action in the transaction in question. This bill would also provide, for the purposes of the act, that materiality is not limited to circumstances in which a product poses a threat to health or safety.
(1) Existing law specifies the number of judges for the superior court of each county and for each division of each district of the court of appeal. Existing law provides that the Court of Appeal for the Fourth Appellate District consists of 3 divisions. Existing law requires that one of these divisions hold its regular sessions in the San Bernardino/Riverside area and further requires this division to have 7 judges. This bill would increase the number of judges in the division of the Fourth Appellate District of the Court of Appeal located in the San Bernardino/Riverside area to 9 judges. The bill would appropriate an unspecified sum from the General Fund to the judicial branch for the purpose of funding those additional appellate court judgeships and accompanying staff, thereby making an appropriation. (2) Existing law allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council. Existing law requires the Judicial Council to report biennially to the Legislature and the Governor on the factually determined need for new judgeships in each superior court using that uniform criteria for allocation of judgeships. Existing law authorizes 50 additional judges, upon appropriation by the Legislature, to be allocated to the various county superior courts, pursuant to uniform criteria approved by the Judicial Council. This bill would appropriate an unspecified sum from the General Fund to the judicial branch for the purpose of funding the cost of those additional judgeships described above, thereby making an appropriation. The bill would also authorize 50 additional judges, upon appropriation by the Legislature in the annual Budget Act of moneys expressly identified for the purpose of initially funding the costs of additional new judges, to be allocated to the various superior courts, pursuant to the uniform criteria approved by the Judicial Council.
Existing law establishes the Natural Resources Agency and requires the Secretary of the Natural Resources Agency to develop a strategic vision for the Department of Fish and Wildlife and the Fish and Game Commission that includes reforms necessary to take on the challenges of the 21st century, including, among other things, climate change and adaptation. Existing law establishes the Strategic Growth Council and requires the council to, among other things, identify and review activities and funding programs of its member state agencies that may be coordinated to, among other things, meet the goals of the California Global Warming Solutions Act of 2006. This bill would require the Natural Resources Agency on or before July 1, 2018, and every 3 years thereafter, to prepare a California climate risk assessment that provides original research on regionally appropriate climate risk vulnerabilities, risk management options, and other needed scientific research to support California's development of informed climate policy and actions to address climate change. The bill would require the Natural Resources Agency, on or before January 1, 2019, and every 5 years thereafter, to update the Safeguarding California Plan to reduce risks to California from the impacts of climate change. The bill would require the Office of Planning and Research on or before January 1, 2016, and every 5 years thereafter, to develop Infrastructure Resilience Guidelines to integrate climate risks into capital outlay and infrastructure planning and investment. The bill would require the Strategic Growth Council to report specified findings relating to climate change to the appropriate state agencies, departments, commissions, and boards that make decisions related to capital funding. The bill would also require the council to report to the Legislature on those findings so that the Legislature may consider further action that may be necessary to address climate change in the state.
Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, as defined. The Public Utilities Act requires the Public Utilities Commission to review and accept, modify, or reject a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. Existing law requires that in any long-term plan adopted by an electrical corporation, or in a procurement plan implemented by a local publicly owned electric utility, that the utility adopt a strategy applicable to both newly constructed or repowered generation owned and procured by the utility to achieve efficiency in the use of fossil fuels and to address carbon emissions. The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission, commonly known as the Energy Commission. The act requires the Energy Commission, beginning November 1, 2003, and by November 1 of every odd year thereafter, to adopt an integrated energy policy report that includes an overview of major energy trends and issues facing the state, an assessment and forecast of system reliability, and the need for resource additions, efficiency, and conservation. The California Global Warming Solutions Act of 2006 requires the State Air Resources Board to determine what the statewide greenhouse gas emissions level was in 1990 and to approve a statewide greenhouse gas emissions limit that is equivalent to that level to be achieved by 2020. That act requires the state board to make recommendations to the Governor and the Legislature on how to continue reductions of greenhouse gas emissions beyond 2020. This bill would require, if the state board establishes a post-2020 statewide greenhouse gas emissions limit beyond the 1990 greenhouse gas emissions level, as authorized or required by the Legislature, the Public Utilities Commission and the Energy Commission to convene a joint public proceeding to develop and make recommendations to the state board for compliance actions for the electricity and natural gas sectors to help achieve that limit. The Public Utilities Act provides for the establishment of an Independent System Operator as a nonprofit, public benefit corporation. Existing law requires the Independent System Operator to manage the transmission grid and related energy markets in a manner that is consistent with (1) making the most efficient use of available energy resources, (2) reducing, to the extent possible, overall economic cost to the state's consumers, (3) applicable state law intended to protect the public's health and the environment, and (4) maximizing the availability of existing electric generation resources necessary to meet the needs of the state's electricity consumers. This bill would require the Public Utilities Commission to transmit to the Independent System Operator the recommended compliance actions for the Independent System Operator's consideration in its transmission planning.
Existing law, the California Fair Employment and Housing Act, creates the Department of Fair Employment and Housing and authorizes the department to receive, investigate, and prosecute complaints alleging specified unlawful practices. Under existing law, any person claiming to be aggrieved by an alleged unlawful practice is authorized to file with the department a verified complaint, in writing, that states the name and address of the person, employer, labor organization, or employment agency alleged to have committed the unlawful practice complained of, that sets forth the particulars thereof, and contains other information as required by the department. Existing law requires any agreement entered into by any dispute resolution to be in writing. This bill would declare that a waiver or release of claims under this part is contrary to public policy and unenforceable, unless the waiver or release of claims is knowing and voluntary.
Existing law, known as the Higher Education Employer-Employee Relations Act, contains provisions relating to employer-employee relations between the state and the employees of state institutions of higher education, including the University of California and the California State University, as well as the Hastings College of the Law. These provisions assign major responsibilities for implementation to the Public Employment Relations Board. Under the act, an "employee" or "higher education employee" is defined as any employee of the Regents of the University of California, the Directors of the Hastings College of the Law, or the Trustees of the California State University. The act authorizes the board to find that student employees whose employment is contingent on their status as students are employees only if the services they provide are unrelated to their educational objectives, or that those educational objectives are subordinate to the services they perform and that coverage under this act would further the purposes of the act. This bill would instead provide that student employees whose employment is contingent upon their status as students are employees and higher education employees for purposes of the act. The act excludes from the "scope of representation," for purposes of the University of California only, among other things, conditions for the award of certificates and degrees to students. This bill would specify that the requirements for students to achieve satisfactory progress toward their degrees is also outside of the scope of representation.
The Pharmacy Law provides for the licensure and regulation of pharmacists and pharmacy establishments by the California State Board of Pharmacy. Existing law required the Department of Resources Recycling and Recovery, pursuant to provisions repealed on January 1, 2013, to develop, in consultation with appropriate state, local, and federal agencies, model programs for the collection and proper disposal of drug waste. The Medical Waste Management Act, administered by the State Department of Public Health, regulates the management and handling of medical waste, including pharmaceutical waste, as defined. This bill would, upon the enactment of federal regulations, require the California State Board of Pharmacy, in consultation with the Department of Resources Recycling and Recovery and the State Department of Public Health, to adopt regulations to implement California drug takeback programs for the collection and destruction of home-generated pharmaceutical waste, as defined. The bill would provide that the regulations adopted pursuant to these provisions only apply to licensees of the board.
Existing law provides that long-term care insurance includes any insurance policy, certificate, or rider advertised, marketed, offered, solicited, or designed to provide coverage for diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services that are provided in a setting other than an acute care unit of a hospital. Long-term care insurance includes all products containing any of the following benefit types: coverage for institutional care including care in a nursing home, convalescent facility, extended care facility, custodial care facility, skilled nursing facility, or personal care home; home care coverage including home health care, personal care, homemaker services, hospice, or respite care; or community-based coverage including adult day care, hospice, or respite care. Long-term care insurance includes disability-based long-term care policies but does not include insurance designed primarily to provide Medicare supplement or major medical expense coverage. This bill would prohibit a long-term care insurance policy issued, amended, or renewed on or after January 1, 2015, from charging a different premium, price, or charge based on the sex of the contracting party, potential contracting party, or a person reasonably expected to benefit from the policy. The bill would prohibit insurers issuing, amending, or renewing long-term care insurance policies on or after January 1, 2015, from reducing or eliminating benefits or coverage based on the sex of the contracting party, potential contracting party, or a person reasonably expected to benefit from the policy as a result of implementing these provisions. The term "sex" would be defined for these purposes to mean a person's gender, gender identity, and gender expression, as defined.