The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws, including, for taxable years beginning on or after January 1, 2017, and before January 1, 2022, a credit for qualified taxpayers in an amount equal to 15% of the qualified value of fresh fruits or vegetables and specified raw agricultural products or processed foods donated to a food bank. In accordance with specified requirements imposed on bills containing new tax expenditures, existing law requires the Franchise Tax Board to report to the Legislature on or before December 1, 2019, and each December 1 thereafter until January 1, 2021, regarding the utilization of those tax credits and requires specified data to be included in the report. This bill would extend the authorization for those tax credits to a taxable year beginning before January 1, 2027. The bill would extend the requirement of the reports until January 1, 2026. This bill would take effect immediately as a tax levy.
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The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities, including electrical and gas corporations. The California Constitution grants the commission certain general powers over all public utilities, subject to control by the Legislature. The California Constitution authorizes the commission to establish rules for all public utilities, subject to control by the Legislature, and to establish its own procedures, subject to statutory limitations or directions and constitutional requirements of due process. This bill would state the intent of the Legislature to enact subsequent legislation related to energy and utilities.
Existing law provides for officers and employees of the state to receive travel expenses when away from their headquarters for state business. This bill would state the intent of the Legislature to enact legislation that would prohibit state-sponsored travel to any state that enacts any law that limits or reduces access to voting.
Existing law establishes the California Conservation Corps in the Natural Resources Agency and requires the corps to implement and administer the conservation corps program. Existing law authorizes the Director of the California Conservation Corps to establish the Education and Employment Reentry Program within the corps to develop, partner with, and create opportunities for certain forestry corps program objectives, collaborate with the Employment Development Department to provide access to workforce services, collaborate with nongovernmental organizations dedicated to providing access to counseling, mentorship, supportive housing, health care, and educational opportunities, and employ collaborations and partnerships available to the corps, as specified. This bill would require the director, upon appropriation and on or before December 31, 2023, upon appropriation and on or before December 31, 2023, in partnership with the Department of Forestry and Fire Protection and the Department of Corrections and Rehabilitation, to establish a forestry training center in northern California to provide enhanced training, education, work experience, and job readiness for entry-level forestry and vegetation management jobs. The bill would require the training center to include counseling, mentorship, supportive housing, health care, and educational services and authorize the training center to provide training modules on specified activities. The bill would require the director to enroll at the training center formerly incarcerated individuals and to prioritize enrollment for those formerly incarcerated individuals who have either successfully served on a California Conservation Camp program crew and were recommended by the Director of Forestry and Fire Protection and the Secretary of the Department of Corrections and Rehabilitation, as provided, or successfully served on a hand crew at the county level and were recommended for participation by county probation and county fire departments. The bill would provide that successful completion of a training program at the training center constitutes qualifying experience for an entry-level forestry or vegetation management position at a state agency. Existing law requires the corps to report by December 31 of each year the total number of corpsmembers in the cohort who permanently separated from the corps, as provided. Existing law requires the report to include specified information. This bill would require the report, commencing December 31, 2023, and annually thereafter, to contain specified information regarding formerly incarcerated individuals enrolled in corps programs or centers, as provided. This bill would make legislative findings and declarations as to the necessity of a special statute for northern California.
The existing federal Indian Gaming Regulatory Act of 1988 provides for the negotiation and execution of tribal-state gaming compacts for the purpose of authorizing certain types of gaming on Indian lands within a state. The California Constitution authorizes the Governor to negotiate and conclude tribal-state gaming compacts, subject to ratification by the Legislature. Existing law expressly ratifies a number of tribal-state gaming compacts, and amendments of tribal-state gaming compacts, between the State of California and specified Indian tribes. The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect. This bill would ratify the tribal-state gaming compact entered into between the State of California and the following tribes: the Cahto Tribe of the Laytonville Rancheria, the Resighini Rancheria, and the Sherwood Valley Rancheria of Pomo Indians of California. The bill would provide that, in deference to tribal sovereignty, certain actions related to this compact are not projects for purposes of CEQA.
Existing law imposes various taxes, including personal income and excise taxes. The California Constitution requires a 23 vote of both houses of the Legislature for the passage of any change in statute that results in any taxpayer paying a higher tax. The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. This measure would impose an excise tax, payroll taxes, and a State Personal Income CalCare Tax at specified rates to fund comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of every resident of the state, as well as reserves deemed necessary to ensure payment, to be established in statute. The measure would authorize the Legislature, upon an economic analysis determining insufficient amounts to fund these purposes, to increase any or all of these tax rates by a statute passed by majority vote of both houses of the Legislature. This measure would establish the CalCare Trust Fund in the State Treasury and would deposit these tax revenues in the fund for the purpose of funding this health care coverage, cost control system, and reserves, and would authorize the Legislature to appropriate these funds by a statute passed by a majority vote of the membership of both houses. The measure would exclude appropriations of revenues from the CalCare Trust Fund from the limitation on appropriations and from consideration for purposes of educational funding mandated by the California Constitution. This measure would prohibit the above-described provisions from becoming operative until the later operative date of a statute that establishes comprehensive universal single-payer health care coverage, a health care cost control system, and necessary reserves, and a statute that establishes the administration, collection, and enforcement of the excise tax, payroll taxes, and a State Personal Income CalCare Tax imposed by the measure.
Existing law makes every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined, in the discharge or attempt to discharge any duty of the office or employment, when no other punishment is prescribed, guilty of a misdemeanor. Existing law also authorizes specified peace officers to close an area where a menace to the public health or safety is created by a calamity and to close the immediate area surrounding any emergency field command post or other command post activated for the purpose of abating a calamity, riot, or other civil disturbance, as specified. Existing law makes any unauthorized person who willfully and knowingly enters those areas and who remains in the area after receiving notice to evacuate or leave guilty of a misdemeanor. Existing law exempts a duly authorized representative of any news service, newspaper, or radio or television station or network from the provisions prohibiting entry into the closed areas, as specified. This bill would, if peace officers close the immediate area surrounding any emergency field command post or any other command post, or establish a police line, or rolling closure at a demonstration, march, protest, or rally where individuals are engaged primarily in constitutionally protected activity, as described, require that a duly authorized representative of any news service, online news service, newspaper, or radio or television station or network, as described, be allowed to enter those closed areas and would prohibit a peace officer or other law enforcement officer from intentionally assaulting, interfering with, or obstructing a duly authorized representative who is gathering, receiving, or processing information for communication to the public. The bill would also prohibit a duly authorized representative who is in a closed area and gathering, receiving, or processing information from being cited for the failure to disperse, a violation of a curfew, or a violation of other, specified law. The bill would require that if a representative is detained by a peace officer or other law enforcement officer, the representative be permitted to contact a supervisory officer immediately for the purpose of challenging the detention. The bill would not impose criminal liability. The bill would state the Legislature's intention to achieve parity in the access and protections in these circumstances as those established pursuant to a specified law.
(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law generally requires any person who engages in any business for profit involving fish to have a commercial fish business license issued by the department, and requires specialty licenses for specified classes of fish business. Existing law requires all fish taken or otherwise dealt with under the law to be exhibited upon demand to any person authorized by the department to enforce any law relating to the protection and conservation of fish. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime. This bill would require a person who holds a commercial fishing license or a commercial fish business license, upon request of an authorized agent or employee of the department, to immediately relinquish, at no charge, fish or parts of fish caught or landed in California to the department for the purpose of collecting a biological sample. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. (2) Existing law requires the Ocean Protection Council to make a grant, upon appropriation of funding by the Legislature, for the development and administration of a Dungeness crab task force. Under existing law, the task force is comprised of 21 voting members and 6 nonvoting members, with the voting members representing various fishing and crab processing interests. Existing law requires the task force, among other things, to make recommendations on various topics and requires these recommendations to be forwarded to the Joint Committee on Fisheries and Aquaculture, the Department of Fish and Wildlife, and the Fish and Game Commission upon an affirmative vote of at least 23 of the task force members. Existing law also authorizes a proposed recommendation of the Dungeness crab task force regarding a modification to the Dungeness crab trap limit program to be transmitted to the Director of Fish and Wildlife and the Legislature if the recommendation receives an affirmative vote of at least 15 of the non-ex officio members of the Dungeness crab task force. This bill would revise the vote threshold for these purposes by requiring an affirmative vote of at least 23 of the voting members of the task force to forward or transmit a recommendation. (3) Existing law prohibits a person from using a vessel to take, possess, or land Dungeness crab for commercial purposes using Dungeness crab traps without a Dungeness crab vessel permit. Existing law prohibits the transfer of a Dungeness crab vessel permit except under certain circumstances. Existing law authorizes, upon written approval of the Department of Fish and Wildlife, the owner of a vessel to whom a Dungeness crab vessel permit has been issued to retain that permit upon the sale of that permitted vessel for the purpose of transferring the permit to another vessel to be purchased by that individual within one year of the time of sale of the vessel for which the permit was originally issued if certain requirements are satisfied. This bill would delete the requirement that the vessel to which the permit will be transferred be purchased by that individual within one year of the time of sale of the vessel for which the permit was originally issued, and would provide that if the permit is not transferred to a new vessel within one year of the sale of the permitted vessel, the permit shall become void by operation of law. Existing law authorizes, in the event of loss or destruction of a vessel for which a Dungeness crab vessel permit was issued, or serious damage that renders the vessel inoperable, and upon written approval of the department, the owner of the vessel to whom the permit was issued to retain the permit and to transfer the permit to another equivalent vessel during the period of 2 years after the loss or damage of the vessel for which the permit was originally issued. Existing law provides that, if the permit is not permanently transferred to another vessel owned by the person to whom the vessel permit was originally issued within 2 years of the loss or damage, the permit shall become void by operation of law. This bill would delete the requirement that the vessel to which the permit will be transferred be owned by the person to whom the vessel permit was originally issued. (4) Existing law prohibits a person from taking, possessing onboard, or landing Dungeness crab for commercial purposes from a vessel in any ocean waters for 30 days after the opening of those waters for the commercial Dungeness crab fishing season if the opening of the season for those waters has been delayed and the same vessel was used to take, possess onboard, or land Dungeness crab for commercial purposes, from ocean waters outside of the delayed waters, before the opening of the delayed waters for the season. This law is commonly referred to as "fair start." Existing law specifies the circumstances in which a delay has occurred for the purposes of the fair start law. Existing law requires the Department of Fish and Wildlife, on or before November 1, 2020, to adopt regulations establishing criteria and protocols to evaluate and respond to potential risk of marine life entanglement, as prescribed. Upon the effective date of these regulations, existing law authorizes the Director of Fish and Wildlife to restrict the take of Dungeness crab pursuant to the criteria and protocols. This bill would specify that a delay in the opening of waters implemented pursuant to these criteria and protocols or a delay in the opening of waters in Oregon or Washington by a closure to prevent a risk of marine life entanglement constitutes a delay for purposes of the fair start law. (5) Existing law authorizes crab traps to be set and baited 64 hours prior to the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. Existing law also authorizes crab traps to be set and baited in advance of that opening date in those districts if no other attempt is made to take or possess Dungeness crab in those districts. Existing law also provides, except in Fish and Game Districts 6, 7, 8, and 9, that crab traps may be set and baited 18 hours in advance of the opening date of the Dungeness crab season if no other attempt is made to take or possess Dungeness crab. This bill would instead authorize crab traps to be set and baited 64 hours before the opening date of the Dungeness crab season regardless of the Fish and Game District. The bill would also make conforming changes. (6) Existing state law, the Sherman Food, Drug, and Cosmetic Law, makes it unlawful to manufacture, sell, deliver, hold, or offer for sale adulterated food. Existing law prescribes when a food is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law makes a violation of the Sherman Food, Drug, and Cosmetic Law or a regulation adopted pursuant to that law a misdemeanor. Existing law authorizes the Director of Fish and Wildlife to order the closure of any waters or otherwise restrict the taking in state waters of any species of fish if the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that the species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances. Existing law requires the Director of Fish and Wildlife, upon receiving notification from the Director of Environmental Health Hazard Assessment that a human health risk no longer exists and a request to reopen those waters, to reopen those waters in a manner that promotes a fair and orderly fishery. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime. This bill would authorize a fishing vessel to transit closed waters in possession of species where take is otherwise restricted pursuant to those provisions if the vessel adheres to electronic monitoring requirements specified by the Department of Fish and Wildlife. The bill would require the State Department of Public Health to issue an order authorizing the evisceration, as defined, of Dungeness crab or rock crab if the domoic acid for Dungeness crab or rock crab exceeds the allowable levels for viscera in certain areas when specified criteria exist. The bill would require the State Department of Public Health to only authorize the evisceration of Dungeness crab or rock crab by a licensed processor, as defined, that also has a Hazard Analysis Critical Control Point plan approved by the State Department of Public Health for handling and preparing eviscerated crab. The bill would require the State Department of Public Health to collect from a processor a fee of $350 for the cost of reviewing the processor's Hazard Analysis Critical Control Point plan for handling and preparing eviscerated crab, to be deposited in the Food Safety Fund for expenditure by the State Department of Public Health, upon appropriation by the Legislature, for the costs of reviewing the plans. The bill would also require the State Department of Public Health to establish labeling requirements for eviscerated crab, as specified, and to require the processor to maintain written recall procedures. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the State Department of Public Health to consult with the Dungeness crab task force or a successor task force or committee to establish the criteria for the manufacture, sale, delivery, holding, or offering for sale of Dungeness crab or rock crab caught in areas subject to an evisceration order by the State Department of Public Health. The bill would require the State Department of Public Health to publish notice of the proposed criteria, as specified, and make the criteria effective by operation of law as regulations 90 days after the notice is published. Because a violation of these regulations would be a crime, this bill would impose a state-mandated local program. The bill would authorize the Director of Fish and Wildlife, in accordance with specified requirements, to open waters that are otherwise restricted for the commercial take of Dungeness crab or rock crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab or rock crab pursuant to the above-described provisions. The bill would require the holder of a Dungeness crab vessel permit or rock crab permit to submit to electronic monitoring of the vessel while engaged in the take of Dungeness crab or rock crab, as specified. The bill would authorize a person who takes Dungeness crab or rock crab to sell or provide the Dungeness crab or rock crab only to a processor licensed and approved by the State Department of Public Health, as specified. The bill would require the Director of Fish and Wildlife, when evisceration procedures established pursuant to the bill are no longer in effect, to lift related restrictions in a manner that promotes a fair and orderly fishery. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (7) 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. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the Firefighters Procedural Bill of Rights Act, grants certain employment rights to firefighters, as defined. Under the act, when a firefighter is investigated and interrogated by the firefighter's commanding officer, or another member of the employing agency, on matters that could lead to punitive action, the interrogation must be conducted pursuant to certain requirements. The act defines "punitive action" for these purposes as any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. Existing law excepts from the act any employee who has not successfully completed the probationary period established by the employee's employer as a condition of employment. The act prohibits taking punitive actions if the investigation of the allegation is not completed within one year of discovery by the employing fire department. Existing law authorizes the State Personnel Board to hold hearings and make investigations concerning all matters relating to the enforcement and effect of the state civil service and various related personnel issues. This bill would include within the definition of "firefighter" a temporary, seasonal firefighter employed by the Department of Forestry and Fire Protection. The bill would apply the Firefighters Procedural Bill of Rights Act to an employee of the Department of Forestry and Fire Protection who holds a temporary firefighter appointment and who has commenced employment in a 2nd consecutive fire season with the department even though the person holding the position does not serve a probationary period. Under the bill, if an investigation involves a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position, the above-described one-year period would be tolled during the period that the employee is not employed by the department until the date the employee is rehired for a subsequent fire season. The bill would prohibit a Department of Forestry and Fire Protection employee holding a temporary appointment to a firefighter position from being terminated for cause without a right to appeal the termination to the State Personnel Board, subject to the board's rules, and the would prescribe a process in this regard. Under the bill, if the board finds that cause for termination was not supported by a preponderance of the evidence or that the termination was made in bad faith, the employee would be entitled to reinstatement, as specified, but would not be entitled to back pay. The bill would prohibit these provisions from being construed to create a property interest in a temporary appointment to a firefighter position or to a permanent position. The bill would authorize the State Personnel Board to held hearings and investigations for these purposes.
(1) The Habitat Restoration and Enhancement Act authorizes a project proponent to submit a habitat restoration or enhancement project to the Director of Fish and Wildlife for approval. Under the act, a habitat restoration or enhancement project is a project with the primary purpose of improving fish and wildlife habitat. The act requires the director to approve a habitat restoration or enhancement project if the director determines that specified conditions are met. Under the act, the director's approval of a habitat restoration or enhancement project is in lieu of any other permit, agreement, license, or other approval issued by the Department of Fish and Wildlife. The act makes moneys in the Habitat Restoration and Enhancement Account available to the department, upon appropriation by the Legislature, for the purposes of administering and implementing the act. Existing law repeals the act on January 1, 2022. This bill would extend the operation of the act until January 1, 2027, and would require the department to submit a report on the implementation of the act to the Legislature no later than December 31, 2025. (2) Under the Planning and Zoning Law, if a state or local agency requires a project proponent to transfer property to mitigate any adverse impact upon natural resources caused by permitting the development of a project or facility, the agency may authorize a governmental entity, special district, a nonprofit organization, a for-profit entity, a person, or another entity to hold title to and manage that property. Under existing law, if a state or local agency, in the development of its own project, is required to protect property to mitigate an adverse impact upon natural resources, the agency is authorized to take any action that the agency deems necessary in order to meet its mitigation obligations, including holding an endowment, as provided. Existing law provides that an endowment may be held by the same governmental entity, special district, or nonprofit organization that holds the property held for mitigation purposes, except as specified. Existing law requires the holder of an endowment to certify to the project proponent or the holder of the mitigation property or a conservation easement and the local or state agency that required the endowment that it meets specified requirements. Existing law repeals these provisions on January 1, 2022. This bill would instead repeal those provisions on January 1, 2027.