Existing law, the Contractors State License Law, establishes the Contractors State License Board within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensing and regulation of contractors. Existing law requires the board to receive and review complaints and consumer questions regarding solar energy systems companies and solar contractors and to receive complaints received from state agencies regarding those systems and contractors. Existing law defines the term "home improvement" to include the construction, erection, installation, replacement, or improvement of driveways, swimming pools, including spas and hot tubs, terraces, patios, awnings, storm windows, solar energy systems, landscaping, fences, porches, garages, fallout shelters, basements, and other improvements of the structures or land which is adjacent to a dwelling house. This bill would include solar energy systems, as defined, as an example of types of home improvements in, and would add the installation of those improvements to, that definition. Existing law defines a "home improvement salesperson" as a person who engaged in the business of specified activities related to home improvement, and requires such person to be registered with the board. This bill would authorize a home improvement salesperson to be employed by one or more home improvement contractors and would require a home improvement salesperson, prior to engaging in any activity described as a specified home improvement, to identify to the owner or tenant the business name and license number of the contractor they are representing. The bill would provide that failure to do so is a cause of disciplinary action, as provided. Existing law makes certain actions by home improvement salespersons, including failure to account for or to remit to the employing contractor any payment received in connection with any home improvement transaction, or any other transaction involving a work of improvement, a misdemeanor. This bill would additionally make a misdemeanor an action by a home improvement salesperson to assist, recommend, select, or otherwise guide an owner or tenant in the selection of a contractor for the performance or sale of home improvement goods or services if notification of the salesperson's employment by the home improvement contractor, as specified, has not been received by the board. Existing law requires a representation made by any person licensed under the Contractors State License Law with respect to a trademark or brand name, quality, or size of any goods or materials in reference to certain items and systems, including, but not limited to, bathroom fixtures and paints, to be set forth in writing in the contract or specifications and include a description of the goods or materials, including any brand name, model number, or similar designation. Existing law provides that the failure to install the specific goods or materials as represented constitutes a cause for disciplinary action. This bill would require those licensed persons to also meet the above-described requirements for representations made in reference to a solar energy system. Existing law requires contractors to comply with specified provisions for home improvement contracts, including that except for a downpayment, the contractor is prohibited from requesting or accepting payment that exceeds the value of the work performed or material delivered. Existing law provides that failure to comply with this provision is cause for discipline and is a misdemeanor. This bill would clarify that this prohibition extends to advance payment in whole or in part from any lender or financier for the performance or sale of home improvement goods or services. This bill would make conforming changes. By creating a new 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.
Sponsored bills
(1) Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law defines a licensed branch office with reference to certain winegrower and brandy manufacturer facilities for which a duplicate license has been issued. Existing law prohibits a winegrower or brandy manufacturer from selling wine or brandy to consumers, or engaging in winetasting activities, at more than one licensed branch premise. Existing law limits the effect of this prohibition in connection with other premises, as specified. Existing law generally provides that a violation of the Alcoholic Beverage Control Act is a misdemeanor. This bill would revise the prohibition described above to allow a winegrower or brandy manufacturer to sell wine or brandy to consumers, or to engage in winetasting activities, at up to 2 licensed branch premises. By broadening the definition of a crime, this bill would impose a state-mandated local program. The bill would also make technical, clarifying changes. The Alcoholic Beverage Control Act also provides for application fees for a new license, not including a duplicate license, and for various annual renewal fees, depending on the type of license, including an annual fee for the renewal of a duplicate winegrower's license. The bill would provide for an application fee of $440 for a duplicate winegrower's license application. (2) 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 authorizes the State Oil and Gas Supervisor to order certain operations to be carried out on any property in the vicinity of which, or on which, is located any well or facility that the supervisor determines to be a hazardous well, an idle-deserted well, a hazardous facility, or a deserted facility, as specified. Existing law prohibits the Geologic Energy Management Division from expending more than $3,000,000 in any one fiscal year, for the 2018–19 fiscal year to the 2021–22 fiscal year, inclusive, and, commencing with the 2022–23 fiscal year, no more than $1,000,000 in any one fiscal year for those purposes related to hazardous wells, idle-deserted wells, hazardous facilities, and deserted facilities. Existing law provides that these moneys be used exclusively for plugging and abandoning hazardous or idle-deserted wells and decommissioning hazardous or deserted facilities. Existing law requires the Department of Conservation, on April 1, 2021, to report information to the Legislature on hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities, as provided, and to provide an update on the report to the Legislature on October 1, 2023. This bill, commencing with the 2022–23 fiscal year, and continuing thereafter, would provide that the spending cap applies to expenditures from the Oil, Gas, and Geothermal Administrative Fund and would raise the cap on spending for these purposes from $1,000,000 to $5,000,000 in any one fiscal year. The bill would authorize the moneys to additionally be used for remediating well sites of hazardous or idle-deserted wells. The bill would also require the department to provide an update on the report to the Legislature annually. Existing law requires the supervisor to order those tests or remedial work that in the judgment of the supervisor are necessary to prevent damage to life, health, property, and natural resources; to protect oil and gas deposits from damage by underground water; or to prevent the escape of water into underground formations, or to prevent the infiltration of detrimental substances into underground or surface water suitable for irrigation or domestic purposes, to the best interests of the neighboring property owners and the public. Existing law authorizes the supervisor or district deputy to order the plugging and abandonment of a well or the decommissioning of a production facility that has been deserted whether or not any damage is occurring or threatened by reason of that deserted well or production facility. Existing law requires the owner or operator to commence, in good faith, the work ordered and continue it until completion and, if the work has not been commenced and continued to completion, authorizes the supervisor to appoint necessary agents to enter the premises and perform the work and provides that any amounts expended are a perfected and enforceable state tax lien against real or personal property of the operator. This bill would make the above-described $5,000,000 spending cap applicable to the supervisor's authority to appoint necessary agents to enter the premises and perform the work, unless the division obtains a lien against real or personal property of the operator. If the division obtains a lien against real or personal property of greater value than the amount of the expenditure, the bill would provide that the amount of the expenditure does not count against the expenditure limit. If the division obtains a lien against real or personal property of lesser value than the amount of the expenditure, the bill would provide that only the difference between the amount of the expenditure and the value of the property counts against the expenditure limit. This bill would incorporate additional changes to Section 3258 of the Public Resources Code proposed by SB 84 to be operative only if this bill and SB 84 are enacted and this bill is enacted last.
Existing law establishes the Department of Community Services and Development within the California Health and Human Services Agency to supplement and coordinate public and private sector efforts to assist low-income participants, including homeless individuals and families, migrants, and the elderly poor, to secure and retain meaningful employment, attain an adequate education, make better use of available income, and obtain and maintain adequate housing and a suitable living environment. Existing law, the California Community Services Block Grant Program, requires the department to administer the federal Community Services Block Grant funds to provide financial assistance for activities designed to have a measurable and potentially major impact on causes of poverty in a community or areas of a community where poverty is a particularly acute problem. Existing law authorizes this funding to assist programs that, among other things, meet the needs of migrant and seasonal farmworkers and their families, such as daycare for children and elderly persons, education, health services, improved housing and sanitation, legal advice and representation, and consumer training and counseling, and assistance in processing applications for legalization and citizenship. This bill, upon appropriation by the Legislature, would require the department to establish a grant program for counties to establish farmworker resource centers that provide farmworkers and their families information and access to services related to, among other things, labor and employment rights, education, housing, immigration, and health and human services. The bill would make a county's eligibility for funding under the grant program contingent upon the county working with local or statewide community-based organizations to develop the center, providing 25% of the center's funding under the program, and requiring the center to provide services in at least English and Spanish, to provide an assessment of the population the center would serve, and to maintain a cost-effective database to track the number and type of calls received, referrals made, and claims filed, and to monitor local trends. The bill would require the department to convene and facilitate a workgroup to help inform the establishment and administration of the grant program, as specified.
This measure would proclaim August 2021 as Breastfeeding Awareness Month of 2021 in California. The measure would recognize the unique benefits that breastfeeding provides, as specified, and would affirm that Californians should work to ensure that barriers to initiation and continuation of breastfeeding are removed. The measure would encourage Californians to work together to explore ways to, among other things, improve women's access to breastfeeding support services in medical, social, and employment settings.
Existing law, the California Emergency Services Act, authorizes the Governor to declare a state of emergency during conditions of disaster or extreme peril to persons or property. Existing law authorizes the Governor, during a state of emergency, to suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including provisions relating to eligibility to receive unemployment compensation benefits, if the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency. Existing law requires each department, division, bureau, board, commission, officer, and employee of this state to render all possible assistance to the Governor and to the Director of Emergency Services in carrying out the act. This bill would authorize a nonprofit entity that provides services pursuant to a contract with the state, during a state of war emergency or a state of emergency, to adjust the method in which it provides those services so long as the purpose of the contract is served. The bill would require the nonprofit entity to notify all departments from which it receives funding of a closure or of an impacted program, including whether a closure is location specific or due to executive order, and why the service level may be impacted. The bill would require a nonprofit entity to identify and thoroughly document all expenditures associated with the closed program, and to retain documentation to justify expenses and to support claiming continued state funding, as specified. The bill would require state departments that receive notice from a nonprofit entity that provides services, as described above, to ensure that funding is available to pay for canceled services, closed programs, or reduced service levels, as specified. This bill would apply these provisions only until the contracting agency determines what substitute performance in furtherance of the purpose of the contract is permissible. The bill would not apply to any contract that is void or voidable on the basis of force majeure or frustration of purpose.
This measure would proclaim the month of July 2021 as California Parks and Recreation Professionals Month to celebrate the accomplishments and resilience of parks and recreation professionals throughout the COVID-19 pandemic.
This measure would proclaim specified principles as the Cancer Patients' Bill of Rights to make clear the Legislature supports the best cancer care for cancer patients in the state.