Existing law generally requires a manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles to be licensed by the Department of Motor Vehicles. Under existing law, it is unlawful for a manufacturer, manufacturer branch, distributor, or distributor branch to engage in specified activity. Violation of this law is a crime. This bill would provide that it is unlawful for a manufacturer, manufacturer branch, distributor, or distributor branch, directly or indirectly through an affiliate, to engage in this specified activity. Under existing law, it is unlawful for a manufacturer, manufacturer branch, distributor, or distributor branch to require a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel that would relieve a person from liability, among other things. This bill would delete this prohibition and instead would prohibit a manufacturer, manufacturer branch, distributor, or distributor branch from obtaining or enforcing against a dealer an agreement that, among other things, modifies or disclaims any duty or obligation of a manufacturer, manufacturer branch, distributor, distributor branch, or representative, or a right or privilege of a dealer. The bill would also provide that such an agreement would be unenforceable and that these provisions do not affect the enforceability of any stipulated order or other order of the board, or of certain provisions in other contracts or prohibit specified voluntary agreements. Existing law prohibits a manufacturer, manufacturer branch, distributor, or distributor branch from competing with a dealer in the same line-make operating under an agreement or franchise from a manufacturer or distributor in the relevant market area, with exceptions in limited circumstances, including those circumstances where the manufacturer or distributor owns or operates a dealership for a temporary period, not to exceed one year. This bill would specify that the above exception applies only at the location of a former dealership of the same line-make that has been out of operation for less than 6 months. Existing law requires a manufacturer, branch, and distributor branch that owns or operates a dealership for a temporary period, to give written notice to the New Motor Vehicle Board each time it acquires or divests itself of an ownership interest. This bill would also require a manufacturer, branch, and distributor branch to provide the notice each time it changes an ownership interest. Existing law requires a manufacturer, branch, and distributor that owns an interest in a dealer, as part of a bona fide dealer development program, to give written notice to the board, annually of the name and location of each dealer in which it has an ownership interest. This bill would also require the manufacturer, branch, and distributor to give notice regarding the name of the bona fide dealer development owner or owners, and the ownership interests of each owner expressed as a percentage. Existing law prohibits a manufacturer, manufacturer branch, distributor, or distributor branch from unfairly discriminating in favor of any dealership owned or controlled, in whole or in part, by a manufacturer or distributor or an entity that controls or is controlled by the manufacturer or distributor. Existing law describes unfair discrimination as, among other things, the furnishing to any franchisee or dealer that is owned or controlled, in whole or part, by a manufacturer, branch, or distributor of certain things, including furnishing a vehicle that is not made available to each franchisee, as provided. This bill would also include furnishing sales or service incentives, among other things, that are not made available to all California franchisees of the same line-make on an equal basis, as unfair discrimination. This bill would also prohibit a manufacturer, manufacturer branch, distributor, or distributor branch from unfairly discriminating against a franchisee selling a service contract or debt cancellation agreement, among other things, as provided. The bill would describe unfair discrimination as express or implied statements that the dealer is under an obligation to exclusively sell or offer to sell service contracts, among other things. By creating a new 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.
Sponsored bills
This measure would designate the month of September of every year as Ovarian Cancer Awareness Month throughout the State of California, and would encourage and promote efforts to educate the people and the health care practitioners of the state regarding ovarian cancer and its early detection and prevention, the risk factors involved in its development, and the early warning symptoms and signs.
(1) Under the Public Utilities Act (the act) , the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations, as defined. The Reliable Electric Service Investments Act within the act requires the PUC to require an electrical corporation, until January 1, 2012, to identify a separate electrical rate component, which the PUC refers to as the "public goods charge," to fund energy efficiency, renewable energy, and research, development, and demonstration programs that enhance system reliability and provide in-state benefits. A violation of the Public Utilities Act is a crime. This bill would extend the requirement to collect the public goods charge January 1, 2020, and would increase the amount of funds the PUC would require the electrical corporations to collect through the public goods charge. Because a violation of this requirement is a crime, this bill would impose a state-mandated local program by extending the operation of a crime. By extending and expanding the collection of the public goods charge, the bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. (2) Existing law requires that the moneys collected between January 1, 2007, and January 1, 2012, from the electrical corporations for public interest research, development, and demonstration projects be deposited in the Public Interest Research, Development, and Demonstration Fund and be used for the purposes of the Public Interest Research, Demonstration, and Development Program. This bill would repeal the Public Interest Research, Demonstration, and Development Program and would enact the Clean Energy Jobs and Investment Act. The bill would establish the Clean Energy Investment Council consisting of specified individuals to provide strategic policy guidance for the implementation of the act. The bill would require the State Energy Resources Conservation and Development Commission (Energy Commission) to establish and administer the California Energy Innovation Program (CEIP) to fund research, development, and demonstration projects that may lead to technological advancement and breakthroughs to overcome those barriers that prevent the achievement of the state's energy policy goals. The bill would require the Energy Commission to convene, no less than twice a year, meetings of the CEIP Advisory Council consisting of members representing specified entities and would require the council to identify the technological challenges that most warrant funding under the CEIP and opportunities for joint funding of projects and to make recommendations to avoid funding duplicative projects. The bill would require the Energy Commission to adopt regulations or modify existing regulations to implement the CEIP. The bill would require the Energy Commission to consult with the CEIP Advisory Council to establish a process for tracking the progress and outcome of funded projects. The bill would require the Energy Commission to consult with the CEIP Advisory Council and the Treasurer to establish terms that may be imposed as conditions for the receipt of CEIP funding. The bill would require the Energy Commission, no later than March 31 of each year, to prepare and submit to the Legislature an annual report regarding projects funded by the CEIP. The bill would establish the Clean Energy Innovation Program Fund in the State Treasury, and, upon appropriation by the Legislature, moneys in the fund would be expended by the Energy Commission to implement the CEIP. The bill would provide that moneys remaining in the Public Interest Research, Development, and Demonstration Fund as of January 1, 2012, be transferred to the Clean Energy Innovation Program Fund. (3) Existing law requires the Energy Commission to establish programs to optimize public investment and ensure that the most cost-effective and efficient investments in renewable energy resources are vigorously pursued (Renewable Energy Resources Program) . Existing law requires, until January 1, 2012, that moneys from the public goods charge collected for renewable energy be transferred to the Renewable Resource Trust Fund, a continuously appropriated fund except for administrative expenses, for the purpose of implementing the program. This bill would revise and recast the Renewable Energy Resources Program to, among other things, provide investment in energy storage technologies. The bill would establish the Clean Energy Investment Team within the Energy Commission for specified purposes of the program. The bill would extend to January 1, 2020, the transfer of the public goods charge collected for renewable energy to the Renewable Resource Trust Fund. Because the bill would revise the purposes for which the funds may be used and extend the deposit of moneys into a continuously appropriated fund, this bill would make an appropriation. (4) 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. (5) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution.
This measure would recognize the 10th anniversary of the September 11, 2001 attacks as a day of solemn commemoration.
Existing law regulates the terms and conditions of residential tenancies. Existing law authorizes the creation of antitobacco use programs for school-age populations and prohibits any person from smoking a cigarette, cigar, or other tobacco-related product, or from disposing of cigarette butts, cigar butts, or any other tobacco-related waste, within a playground. This bill would authorize a landlord of a residential dwelling unit to prohibit the smoking of tobacco products on the property, in a dwelling unit, in another interior or exterior area, or on the premises on which the dwelling unit is located. The bill would make certain requirements on notices and leases executed on and after, and on and before, January 1, 2012, in this regard. The bill would require that a landlord who prohibits smoking pursuant to this authority be subject to federal, state, and local requirements governing changes to the terms of a lease or rental agreement for tenants, as specified. The bill would provide that its provisions do not preempt local ordinances in effect on or before January 1, 2012, or a provision of a local ordinance on or after January 1, 2012, that prohibits the smoking of cigarettes or other tobacco products.
Existing law requires the Department of General Services to perform various functions and duties with respect to state property. Existing law authorizes the department to first offer appropriate state surplus personal property to school districts, and authorizes the department to offer it at less than fair market value, prior to offering that property to the public, as specified. This bill would impose additional requirements on the department regarding disposal of state surplus computers, laptops, monitors, and related computer equipment, as provided. This bill would declare that it is to take effect immediately as an urgency statute.
The California Retail Food Code provides for the regulation of health and sanitation standards for retail food facilities by the State Department of Public Health. Local health agencies are primarily responsible for enforcing this law. Violation of these provisions is a misdemeanor. This law generally requires food facilities, except temporary food facilities, to have an owner or employee who has successfully passed an approved and accredited food safety certification examination from an accredited food protection manager certification organization, except as specified. Existing law generally defines a food facility to mean an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level. Existing law also requires, with specified exceptions, a food handler, as defined, who is hired prior to June 1, 2011, to obtain a food handler card from a food protection manager certification organization, as described. A food handler hired after June 1, 2011, is required to obtain a food handler card within 30 days of his or her date of hire. A food handler must maintain a valid food handler card for the duration of his or her employment as a food handler. This bill would, for purposes of the above-described food handler requirements, define a food facility to mean a food facility that sells food for human consumption to the general public, with certain exceptions. The bill would, instead, until January 1, 2012, require a food handler to obtain a food handler card from either a food protection manager certification organization or a specified training provider, and would require, commencing January 1, 2012, the card to be obtained only from a specified training provider. By changing the definition of 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. This bill would declare that it is to take effect immediately as an urgency statute.
The Unruh Civil Rights Act generally prohibits business establishments from discriminating on specified bases. The California Fair Employment and Housing Act (FEHA) prohibits discrimination in housing and employment on specified bases. Existing law prohibits discrimination on specified bases against any person in any program or activity conducted, operated, or administered by the state or by any state agency, or that is funded directly by the state, or that receives any financial assistance from the state. This bill would further prohibit discrimination under the above-described provisions on the basis of genetic information, would define that term, and would making conforming changes. By expanding the bases upon which discrimination is prohibited under the above-described provisions to include genetic information, this bill would, except as specified, also expand the bases upon which discrimination is prohibited under other antidiscrimination provisions that prohibit discrimination on the same bases as provided for in the above-described provisions. Other antidiscrimination provisions include provisions pertaining to the provision of emergency services. Specifically, existing law prohibits the provision of emergency services and care in a health facility from being based upon, or affected by, among other things, any characteristic listed or defined in the Unruh Civil Rights Act. Additionally, existing law provides that as a condition of licensure, each hospital is required to adopt a policy prohibiting discrimination in the provision of emergency services and care based on, among other things, any characteristic listed or defined in the Unruh Civil Rights Act. A violation of these provisions is a misdemeanor. By adding genetic information to the list of characteristics listed in the Unruh Civil Rights Act, this bill would expand the bases upon which a health facility may not discriminate in the provision of emergency services. By expanding the definition of a crime, this bill would impose a state-mandated local program. Under FEHA, a person who holds an ownership interest of record in property that he or she believes is the subject of an unlawfully restrictive covenant based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry, may record a Restrictive Covenant Modification, which existing law requires include a copy of the original document with the illegal language stricken. Before recording the modification document, existing law requires the county recorder to submit the modification document and the original document to the county counsel who is required to determine whether the original document contains an unlawful restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income, or ancestry. This bill would require the county counsel, additionally, to determine if there exists an unlawful restriction based on genetic information after county counsel receives the modification document and the original document from the county recorder. Under existing law, a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person is required to place a cover page or stamp on the previously recorded document stating that if the document contains an unlawful restriction, that restriction is void and may be removed by recording a Restrictive Covenant Modification. The bill would modify the information the county recorder is required to provide on the above-described cover page or stamp to reflect the changes this bill would make in prohibiting restrictions on the basis of genetic information. This bill would incorporate additional changes to Section 51 of the Civil Code, Section 3228 of the Education Code, and Sections 12920, 12921, 12926, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, and 12956.2 of the Government Code, proposed by AB 887, to be operative only if AB 887 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last. By creating new duties for county counsel and county recorders, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) The California High Speed Internet Access Act of 1999, among other things, requires the Public Utilities Commission to monitor and participate in a specified proceeding of the Federal Communications Commission addressing whether to require incumbent local exchange carriers, as defined, to permit interconnection by competitive data local exchange carriers, as defined, at any technically feasible point, to permit those competitive local exchange carriers to provide high bandwidth data services over telephone lines with voice services provided by incumbent local exchange carriers. This bill would repeal the California High Speed Internet Access Act of 1999. (2) Under existing law, the commission has regulatory authority over public utilities, including electrical corporations. An electrical corporation is defined as including every corporation or person owning, controlling, operating, or managing any electric plant for compensation within this state, except where electricity is generated on or distributed by the producer through private property solely for its own use or the use of its tenants and not for sale or transmission to others. Existing law requires that, when gas or electric service is provided by a master-meter customer to users who are tenants of a mobilehome park, apartment building, or similar residential complex, the master-meter customer charge each user a rate not to exceed the rate that would be applicable if the user were receiving gas or electricity, or both, directly from the gas or electrical corporation. Existing law creates further requirements for master-meter customers and for the corporations that provide service to them, including a requirement that a master-meter customer of a gas or electrical corporation who receives any rebate from the corporation to distribute to, or credit to the account of, each current user served by the master-meter customer a specified portion of the rebate. This bill would exclude from the definition of "rebate" the award of a monetary incentive under the California Solar Initiative for a solar energy system that provides electrical generation to a mobilehome park. (3) Existing law prohibits an electrical corporation or gas corporation from sharing, disclosing, or otherwise making accessible to any 3rd party a customer's electrical or gas consumption data, as defined, except as specified. Existing law provides that, if the electrical corporation or gas corporation contracts with a 3rd party for a service that allows a customer to monitor his or her electricity or gas usage, and the 3rd party uses the data for a secondary commercial purpose, the contract between the electrical or gas corporation and the 3rd party shall provide that the 3rd party prominently discloses that secondary commercial purpose to the customer. Existing law provides that nothing precludes an electrical corporation or gas corporation from disclosing a customer's electrical or gas consumption data to a 3rd party for system, grid, or operational needs, or the implementation of demand response, energy management, or energy efficiency programs, if the utility contract with the 3rd party, among other provisions relating to data security, prohibits the use of the data for a secondary commercial purpose not related to the primary purpose of the contract without the customer's consent. Existing law imposes a parallel prohibition, and parallel disclosure and consent requirements, on a local publicly owned electric utility. This bill would require those contracts to require prescribed customer consent prior to the use of the data.
This measure would commemorate the 100-year anniversary of California's initiative process.