Sen. Suzette Valladares

(1) The California Beverage Container Recycling and Litter Reduction Act requires the Department of Resources Recycling and Recovery to designate convenience zones annually and to ensure that at least one certified recycling center that meets specific requirements is located within each convenience zone. The act defines a "convenience zone" as the area within a one-mile radius of a supermarket, as defined. Under the act, a reverse vending machine, as defined, may be certified as a recycling center, as prescribed. The act establishes the California Beverage Container Recycling Fund, and continuously appropriates moneys in the fund to the department for specified purposes, including the amount necessary to pay processing payments to recycling centers and to pay handling fees to certain types of recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones. The act prohibits processing payments, handling fees, and administrative fees for dealer cooperatives if a certified recycling center operates in a convenience zone where a dealer participating in the dealer cooperative is located. A violation of the act is a crime. This bill would specify that a reverse vending machine certified to operate as a recycling center does not make an unserved convenience zone served, that a dealer cooperative or a mobile unit is not precluded from operating and receiving program payments in the same convenience zone as a reverse vending machine, and that an existing certified recycling center is not ineligible for handling fees if a reverse vending machine is located in the same convenience zone. (2) The act defines a "supermarket" as a full-line, self-service retail store with gross annual sales of $2,000,000 or more that sells specified items and some perishable items. This bill would revise that definition by increasing the minimum gross annual sales to $6,000,000, revising the description of the required items for sale, causing recycling centers that are supermarkets eligible to receive handling fees under existing law to continue to be eligible to receive handling fees, and requiring the department to consult the most recent annual update to the Progressive Grocer Marketing Guidebook and other relevant updates to the guidebook to determine which dealers are supermarkets, as specified. (3) The act requires, until June 30, 2027, the handling fee to be determined using a methodology established by the department through emergency regulations, and requires those regulations to remain in effect through that date, as specified. This bill would extend the application of those regulations through June 30, 2032. (4) This bill would make an appropriation by expanding the entities that would be eligible at any given time for program payments, and by changing the calculation of handling fees, paid by the department from the continuously appropriated fund. (5) By adding new requirements to the act, this bill would expand the scope of crimes, thereby imposing 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.

Existing law contains numerous provisions authorizing state agencies to award grants or contracts to nonprofit organizations to carry out various services and programs. Existing law authorizes a state agency that administers a grant program or contract to advance funds to a private nonprofit organization to which it has awarded a grant or contract, subject to certain limitations and requirements, as specified. This bill, upon appropriation by the Legislature, would create the Office of Nonprofit Empowerment within the Government Operations Agency with the primary responsibility of overseeing and coordinating state-level policies and strategies that support California's nonprofit organizations. The bill would specify various duties and functions of the office, including providing guidance, resources, and technical assistance to nonprofit organizations on procurement and grantmaking laws, regulations, and best practices. The bill would also require the office to develop and administer training and materials, in consultation with the appropriate control agency, for state entities on advance payment and other strategies to reduce hurdles for nonprofit organizations to access state funding and implement state projects, as specified. The bill would, upon appropriation by the Legislature, place the office under the control of a director who would be appointed by the Governor, as specified, and require the director to hire staff to assist in the fulfillment of the duties and responsibilities of the office. The bill would also require the office to post on its internet website, on or before July 1, 2028, opportunities to improve how nonprofits and the state partner, as specified. The bill would establish the Nonprofit Empowerment Fund in the State Treasury and would make moneys in the fund available, upon appropriation by the Legislature, to carry out the purposes of these provisions in support of the office. The bill would authorize the office, or the agency on behalf of the office, to collect and receive any gifts, bequests, grants, or donations from private, foundation, or nonstate sources to carry out the purposes of these provisions in support of the office, as specified. The bill would repeal these provisions on January 1, 2037. The bill would define various terms for these purposes and would include related legislative findings and declarations.

Existing law imposes various requirements regarding the formation, content, and enforcement of public works contracts. Existing law generally requires that retention proceeds withheld from payment by a public entity be released within 60 days after the date of completion of the work of improvement, except as specified in case of a dispute. Existing law limits the allowable amount of retention proceeds withheld in a contract between a public entity and the original contractor, a contract between the original contractor and a subcontractor, and a contract between subcontractors, as specified. Existing law defines "public entity" differently for these various purposes. This bill would prohibit any retention payments from exceeding 5% of the payment for contracts under design-bid-build, and amendments thereto, entered into on or after January 1, 2027, directly between a public entity and an individual or legal entity permitted by law to practice the profession of architecture or engineering, except for specific projects where, among other things, a finding has been made that the project is substantially complex and requires a higher retention amount. The bill would require any retention withheld to be released no later than 60 days after completion of services under contract. The bill would define terms for its purposes, including "public entity."

Existing law, until January 1, 2028, and to the extent funds are made available for these purposes, requires the State Department of Public Health to establish a system for the collection of information determining the incidence and prevalence of neurodegenerative diseases, including, but not limited to, amyotrophic lateral sclerosis (ALS) , also known as Lou Gehrig's disease. Existing law requires a hospital, facility, physician and surgeon, or other health care provider diagnosing or providing treatment to a patient for a neurodegenerative disease to report each case of a neurodegenerative disease to the department, as prescribed. Existing law requires the department to designate the specified neurodegenerative diseases required to be reported in the state or any part of the state. Existing law specifies that for this purpose, "neurodegenerative disease" may include, but need not be limited to, Alzheimer's disease, multiple sclerosis, and Huntington's disease. This bill would require the department to establish a system for the collection of information determining the incidence and prevalence of frontotemporal degeneration (FTD) . This bill would specify that "neurodegenerative disease" may also include other dementias. The bill would extend the requirements of these provisions until January 1, 2032.

The California Constitution provides that all property is taxable and requires that it be assessed at the same percentage of fair market value, unless otherwise provided by the California Constitution or federal law. The California Constitution and existing property tax law provide various exemptions from taxation, including, among others, a disabled veterans' exemption and a veterans' organization exemption. This bill would exempt from taxation, as provided, 50% of that part of the full value of the property that does not exceed $1,000,000 that is owned by, and that constitutes the principal place of residence of, a veteran, the veteran's spouse, or the veteran and the veteran's spouse jointly, if, among other things, the veteran is 100% disabled. The bill would provide an unmarried surviving spouse a property exemption in the same amount that they would have been entitled to if the veteran were alive and if certain conditions are met. In the case of a disabled veteran or unmarried surviving spouse whose household income does not exceed a specified amount for the relevant assessment year, as prescribed, the bill would exempt 100% of that part of the full value of the property that does not exceed $1,000,000 from taxation. The bill would require certain documentation to be provided to the county assessor to receive the exemption and would prohibit any other real property tax exemption from being granted to the claimant if receiving the exemption provided by the provisions of this bill. The bill would make these exemptions applicable for property tax lien dates occurring on or after January 1, 2027, but occurring before January 1, 2032. By imposing additional duties on local tax officials, the bill would impose a state-mandated local program. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill also would include additional information required for any bill authorizing a new tax expenditure. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing law provides for the regulation of disability insurers by the Department of Insurance. Existing law requires a health care service plan or disability insurer to allow an individual to enroll in or change their health benefit plan as a result of a specified triggering event. This bill would make pregnancy a triggering event for purposes of enrollment or changing a health benefit plan. Because a willful violation of this provision by a health care service plan would be a 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.

Existing law, the Medical Practice Act, restricts the employment of physicians and surgeons or doctors of podiatric medicine by a corporation or other artificial legal entity to entities that do not charge for professional services rendered to patients and are approved by the Medical Board of California, subject to specified exemptions. Existing law, the Local Health Care District Law, regulates the organization and management of health care districts. Existing law establishes the Department of Health Care Access and Information and charges it with various duties related to health planning and research development. This bill would, until January 1, 2037, establish an exemption to the general prohibition described above by authorizing health care districts and nonprofit corporations with a health care district as its sole corporate member that own or control a general acute care hospital to employ physicians and surgeons and charge for professional services, provided specified conditions are met, including prohibiting the health care district or nonprofit corporation, and any hospital under its ownership or control, from interfering with, controlling, or otherwise directing the professional judgment of a physician or surgeon. The bill would require a health care district or nonprofit corporation that employs licensees and charges for professional services under the bill to publish an annual report, as provided, on their internet website that includes data about the ability of general acute care hospitals under their ownership and control to recruit and retain physicians and surgeons, as specified.

Existing law requires the State Energy Resources Conservation and Development Commission to undertake various actions in furtherance of meeting the state's clean energy and pollution reduction objectives. Existing law requires the commission, beginning November 1, 2003, and biennially thereafter, to adopt an integrated energy policy report that contains an overview of major energy trends and issues facing the state, presents policy recommendations based on an in-depth and integrated analysis of the most current and pressing energy issues facing the state, and includes an assessment and forecast of system reliability and the need for resource additions, efficiency, and conservation, as specified. Existing law requires the commission, as part of the 2027 edition of the integrated energy policy report, to include an assessment of the potential for fusion energy to contribute to California's power supply, as specified. This bill would require the commission, in coordination with specified agencies, to develop a strategic plan for the development of fusion energy in California, as specified. The bill would require the commission to submit the strategic plan to the Legislature on or before December 31, 2029. This bill would require the commission, in coordination with relevant agencies and the fusion energy industry, to (1) develop a strategy for the expansion and development of fusion research and development in California, (2) develop a strategy for supporting the commercialization of fusion energy in California, (3) develop a regulatory framework for fusion energy and a roadmap for licensing and permitting for new fusion energy research and fusion energy facilities, and (4) assess the level at which fusion energy at scale would best support California's long-term renewable energy and greenhouse gas emission reduction goals. The bill would require the information described in this paragraph to be included in the strategic plan, as specified. Existing law authorizes persons proposing specified electrical generation, electrical transmission, hydrogen production, energy storage, and geothermal projects to apply, on or before June 30, 2030, to the commission to certify sites and related facilities as environmental leadership development projects, as specified. Existing law makes a site and related facility certified by the commission subject to streamlining benefits related to the California Environmental Quality Act (CEQA) with no further action by the applicant or the Governor. Under existing law, the commission's certification is in lieu of any permit, certificate, or similar document required by any governmental agency and supersedes any applicable statute, ordinance, or regulation, except as specified. This bill would expand the types of facilities eligible to be certified as environmental leadership development projects by the commission to include a discretionary project, as described, for the manufacture, production, or assembly of specialized products, components, or systems that are integral to fusion energy.

Existing law makes a person who is a dealer in or collector of junk, metals, or secondhand materials, or their agent, employee, or representative, who buys or receives any wire, cable, copper, lead, solder, mercury, iron, or brass that the person knows or reasonably should know is used by or belongs to specified entities, including a railroad, certain utility companies, or a public entity engaged in furnishing public utility service, without using due diligence to ascertain that the person selling or delivering that material has a legal right to do so, guilty of criminally receiving that property and, in addition to imprisonment, makes that act punishable by a fine of not more than $5,000. This bill would prohibit organized metal theft, described as acting in concert with one or more persons to steal metal materials from one or more of specified materials and items with the intent to sell, exchange, or return those metal materials for value, acting in concert with 2 or more persons to receive, purchase, or possess those metal materials knowing or believing it to have been stolen, acting as an agent of another to steal those metal materials as part of an organized plan to commit theft, or recruiting, coordinating, organizing, supervising, directing, managing, or financing another to undertake acts of theft of metal. The bill would make a violation of organized metal theft punishable as either a misdemeanor or a felony. The bill would make related findings and declarations and state the intent of the Legislature. By creating new crimes, 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.

In order to establish a record by which an adoptee can prove the facts of a foreign adoption, existing law requires a state resident who has finalized an intercountry adoption in a foreign country to file a petition to readopt within the earlier of 60 days of the adoptee's entry into the United States or the adoptee's 16th birthday. If the adoptive parent fails to file the petition within the prescribed timeframe or to provide a copy of the petition to each adoption agency that provided adoption services to the adoptive parent, existing law requires the adoption agency that facilitated the adoption to file the petition within 90 days of the child's entry into the United States and to provide a file-marked copy of the petition to the adoptive parent and any other adoption agency that provided services to the adoptive parent, as specified. Existing law requires the petition to include, among other things, a report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the state. Existing law requires the clerk of the court to submit an order granting the petition to the State Registrar, as specified, and requires the State Registrar to issue a delayed registration of birth upon receipt of the order. This bill would authorize an adoptee of any age to file a petition on their own behalf if both the adoptive parent or parents and the adoption agency that facilitated the adoption failed to file a petition to readopt pursuant to the above-described provisions. The bill would, notwithstanding the documentation requirements described above, authorize a court to grant a petition for readoption that does not include those documents if (1) the petitioner establishes, by a preponderance of the evidence, that they are the adoptee, (2) the petitioner proves, by a preponderance of the evidence, that one or more of the required documents cannot be obtained due to the passage of time or other circumstances beyond the petitioner's control, and (3) the petitioner is able to establish, by a preponderance of the evidence, the fundamental facts necessary for the court to make the findings required to grant the petition. The bill would authorize evidence presented to the court for these purposes to include both documentary and nondocumentary evidence, including, among other things, testimony, declarations, court records, agency records, correspondence, and other corroborating sources of information the court deems sufficient. Existing law requires the court to notify all appropriate authorities if it finds that the child may be a subject of human trafficking or may be within the jurisdiction of the juvenile court as a dependent child, as specified. This bill would also expand the notice requirements described above to include any adoptee who may be, or may have been, a subject of human trafficking.