Existing law, the Knox-Keene Health Care Service Plan Act of 1975 (Knox-Keene Act) , provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of its provisions a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law prohibits a health care service plan or a health insurer from changing its premium rates or applicable copayments or coinsurances or deductibles for group health care service plan contracts or group health insurance policies during specified time periods; however, changes to the premium rates or applicable copayments or coinsurances or deductibles are allowed when, among other things, the change is authorized or required in the group contract. This bill would require a health care service plan or health insurer that includes a provision in a group contract or policy that authorizes or requires a change in premium rates, copayments, coinsurances, or deductibles, to provide an additional disclosure that describes the circumstances under which a change may occur and that provides defined terms and examples of those circumstances, to be signed by the group contractholder or group policyholder and provided to the subscribers or insureds, as specified. Because a willful violation of those provisions would be a crime under the Knox-Keene Act, 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.
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The Subdivision Map Act establishes a statewide regulatory framework controlling the subdivision of land, provides the sole and exclusive authority for local agency initiated merger of contiguous parcels, and authorizes a legislative body, on its own motion or by petition of all owners of record of the real property within the subdivision, to initiate proceedings for reversion to acreage. This bill would provide that specified provisions of the act do not prohibit a landowner, local agency, or renewable energy corporation authorized to conduct business in the state from seeking financial assistance from eligible state funding sources to defray the costs of merging parcels on private or public lands, or the costs of establishing or administering a joint powers authority established or authorized to merge parcels on private or public lands for the purpose of siting renewable energy facilities.
(1) Existing federal regulations require a motorcycle manufactured on and after January 1, 1983, and exhaust emission systems for those motorcycles, to meet specified noise emissions standards and require that a label be affixed onto the motorcycle or exhaust emission system indicating that the motorcycle or exhaust emission system meets the noise emissions standards. This bill would make it a crime for a person to park, use, or operate a motorcycle, registered in the state, that is manufactured on and after January 1, 2013, or a motorcycle, registered in the state, with aftermarket exhaust system equipment that is manufactured on or after January 1, 2013, that does not have the above label, and would make a violation of this provision punishable by a specified fine, thereby imposing a state-mandated local program by creating a new crime. The bill would require the person to whom a notice to appear is issued, or against whom a complaint is filed, for the above violation, to provide proof of correction. The bill would authorize a court to dismiss the penalty imposed for a first violation if the person produces proof of correction to the satisfaction of the court. (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.
(1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, requires each city, county, and regional agency, if any, to develop a source reduction and recycling element of an integrated waste management plan containing specified components, including a source reduction component, a recycling component, and a composting component. With certain exceptions, the source reduction and recycling element of that plan is required to divert 50% of all solid waste from landfill disposal or transformation by January 1, 2000, through source reduction, recycling, and composting activities. Existing law requires the department to review, at least once every 2 years, a jurisdiction's source reduction and recycling element and household hazardous waste element. The department is required to issue an order of compliance if the department finds that a jurisdiction has failed to implement its source reduction and recycling element or its household hazardous waste element, pursuant to a specified procedure. If, after issuing an order of compliance, the department finds the city, county, or regional agency has failed to make a good faith effort to implement those elements, the department is authorized to impose administrative civil penalties upon the city, county, or regional agency. The bill would require the department, by January 1, 2013, to report to the Legislature on the current diversion rate in the state and provide strategies to increase the diversion rate to 75% by 2020. The bill would repeal this requirement on January 1, 2017. (2) Existing law requires a local agency to impose certain requirements on an operator of a large venue or event to facilitate solid waste reduction, reuse, and recycling. This bill would require the owner or operator of a business that contracts for solid waste services and generates more than 4 cubic yards of total solid waste and recyclable materials per week to take specified action. The bill would require a jurisdiction to implement a commercial recycling program meeting specified elements but would not require the jurisdiction to revise its source reduction and recycling element if the jurisdiction adds or expands a commercial recycling program to meet this requirement. The bill would authorize a local agency to charge and collect a fee from a commercial waste generator to recover the local agency's estimated costs incurred in complying with the commercial recycling program requirements. By requiring a jurisdiction to implement a commercial recycling program, this bill would impose a state-mandated local program. The bill would require the department to review a jurisdiction's compliance with the above requirement as a part of the department's review of a jurisdiction's compliance with the 50% solid waste diversion requirement. (3) Existing law requires a city, county, and city and county to incorporate the nondisposal facility element and any amendment to the element into the revised source reduction and recycling element at the time of the 5-year revision of the source reduction and recycling element. Existing law requires the department to review an amendment to a nondisposal facility element. Existing law requires a local task force to review and comment on amendments to a nondisposal facility element. This bill would repeal those requirements. The bill would instead require a city, county, city and county, or regional agency to update all information required to be included in the nondisposal facility element. The bill would provide that the update is not subject to approval by the department or comment and review by a local task force. (4) Existing law requires each state agency to submit an annual report to the department summarizing its progress in reducing solid waste that is due on September 1 of each year starting in 2009. This bill would change the due date to May 1 of each year. (5) Existing law requires an operator of a solid waste facility that wants to change the design or operation of the solid waste facility in a manner not authorized by the current permit to apply for a revised permit. Within 60 days of receipt of the application for the revised permit, the enforcement agency is required to inform the operator, and in some circumstances the department, of its determination to allow the change without revision of the permit, disallow the change, require a revision of the permit to allow the change, or require review under the California Environmental Quality Act before a decision is made. This bill would also require the enforcement agency to give notice of its determination to allow certain changes without a revision to the permit through a modification to the permit allowed by regulations developed by the department. (6) 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 requires the Secretary of State to adopt regulations governing the manufacture, distribution, and inventory control of punchcards, and requiring the inspection of facilities that manufacture and store punchcards. Existing law requires the Secretary of State to approve a punchcard manufacturer prior to the manufacturer's providing of punchcards for use in California elections. This bill would instead require the Secretary of State to adopt regulations governing the manufacture, finishing, quality standards, and inventory control of ballot cards, and requiring the biennial inspection of facilities that manufacture, finish, and store ballot cards. The bill would require that, no later than 5 days prior to inspection, the ballot card manufacturer or finisher disclose to the Secretary of State known flaws or defects in its manufacturing or finishing process of ballot cards or manufactured or finished ballot cards that could adversely affect the future casting or tallying of votes. The bill would require a manufacturer or finisher of ballot cards to notify the Secretary of State and affected local elections officials of defects that would adversely affect the future casting or tallying of ballot cards that it discovers after approval by the Secretary of State within 2 business days of their discovery. Existing law provides for a revolving fund that is continuously appropriated for the purpose of purchasing ballot paper and punchcards. This bill would repeal these provisions. Existing law provides that a person or corporation owning or being interested in a voting system or part of a voting system may apply to the Secretary of State to examine it and report on its accuracy and efficiency to fulfill its purpose. Existing law requires the Secretary of State to issue a report regarding whether, in his or her opinion, the voting system or part of a voting system can be safely used. This bill would instead require that a vendor of a voting system or part of a voting system include in its application to the Secretary of State notification of a known defect, fault, or failure of the hardware, software, or firmware of the voting system or a part of the voting system. The bill would also require the vendor to notify the Secretary of State of such a defect, fault, or failure discovered either after the vendor submitted his or her application but prior to the issuance of the Secretary of State's report or after the voting system or the part of a voting system is approved by the Secretary of State. The bill would also require the Secretary of State to notify and issue a report to the United States Election Assistance Commission regarding the defects, faults, or failures made known by the vendor at the initiation of, during, or after the approval process. Existing law permits the Secretary of State to seek damages for an unauthorized change in hardware, software, or firmware in a certified or conditionally certified voting system. This bill would also permit the Secretary of State to seek specified civil penalties for a known but undisclosed defect, fault, or failure in an approved or conditionally approved voting system and for a failure to comply with notification requirements concerning the defect, fault, or failure and to seek a refund of payment made for the voting system or part of the system.
Existing law establishes a program until January 1, 2013, known as "Address Confidentiality for Victims of Domestic Violence and Stalking." That program authorizes specified persons to complete an application containing specified information in person at a community-based victims' assistance program to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address. The program also makes the participant's voter registration confidential, and requires the Secretary of State to act as that person's agent for service of process and to designate a substitute mailing address for program participants, as specified. Under existing law, any person who makes a false statement in an application for this program is guilty of a misdemeanor. Under the program any person who is granted confidentiality pursuant to these provisions may file a new affidavit of voter registration or reregistration and be considered an absent voter for subsequent elections until the county elections official is notified otherwise by the Secretary of State or the voter. Existing law provides that any records or documents pertaining to a program participant shall be retained and held confidential for a period of 3 years after termination of certification of participation in the program and then destroyed, as specified. This bill would extend the provisions of the program indefinitely. By extending indefinitely provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law establishes a program similar to the above-described program, the "Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients" program until January 1, 2013, for reproductive health care services providers, employees, volunteers, and patients. The program similarly provides that any person who makes a false statement in an application is guilty of a misdemeanor and any person who is granted confidentiality pursuant to these provisions may file a new affidavit of voter registration or reregistration and be considered an absent voter for subsequent elections until the county elections official is notified otherwise by the Secretary of State or the voter. This bill would extend indefinitely the "Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients" program. By extending indefinitely provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law requires the Secretary of State to retain and keep confidential records and documents pertaining to a participant in this address confidentiality program for a period of 3 years after termination of certification of the participant, and then to destroy the records and documents. This bill would provide an exception to those provisions for change of name records, which would be retained permanently. Existing law, until January 1, 2013, provides that any person filing with the county elections official a new affidavit of registration or reregistration who is a participant in certain address confidentiality programs may have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential, as specified. This bill would extend indefinitely the voter registration confidentiality provisions. 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.
The California Farmland Conservancy Program Act establishes a program for grants from the Department of Conservation for the acquisition of agricultural conservation easements or fee title. The act imposes requirements for the funding of agricultural conservation easements. The act creates the California Farmland Conservancy Program Fund. The moneys in the fund, upon appropriation, are required to be used for the purposes of the program, including the purchase of agricultural conservation easements. The act requires an applicant for an agricultural conservation easement to meet specified eligibility criteria related to commercial agricultural production and agricultural land conservation, and specifies criteria the Director of Conservation is required to consider in evaluating the proposal. This bill, notwithstanding any other provision of the act, would authorize the Director of Conservation to make grants from a source other than the fund, and, upon appropriation by the Legislature from that source, disburse moneys for those grants to an applicant for the acquisition of an agricultural conservation easement, if the director determines that the grant meets the purposes of the act and additional specified requirements, including that the easement does not, and will not, substantially prevent agricultural uses on the easement property and that any restriction on the current or reasonably foreseeable agricultural use of the easement property would only be imposed to restrict those areas of the property that are not in cultivation. Existing law also establishes the Soil Conservation Fund, which provides money, upon appropriation by the Legislature, for specified land use purposes. This bill would establish the Farm, Ranch, and Watershed Account within the Soil and Conservation Fund from which money would be disbursed to provide the above grants.
(1) Existing law prohibits the manufacturing, shipping, selling, or offering for sale of jewelry, as defined, for retail sale in the state, unless the jewelry is made entirely from specified materials. Existing law also prohibits any person from taking those actions with regard to children's jewelry, as defined, unless the children's jewelry is made entirely from certain specified materials. Existing law prohibits parties that are signatories to a specified consent judgment from being subject to enforcement under those provisions. This bill would additionally prohibit a person from manufacturing, shipping, selling, offering for sale, or offering for promotional purposes children's jewelry that contains any component or is made of any material that is more than 0.03% cadmium by weight. This bill would exempt from this prohibition any toy regulated for cadmium exposure under the federal Consumer Product Safety Improvement Act of 2008 and would make conforming changes. The bill would provide that the exemption from enforcement action for signatories to that consent judgment does not apply to this prohibition. (2) Existing law requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. The department is prohibited from duplicating or adopting conflicting regulations for regulated product categories. This bill would prohibit cadmium-containing jewelry from being considered as a product category already regulated or subject to pending regulation for purposes of those regulations. (3) Existing law imposes criminal penalties upon a manufacturer or supplier of jewelry who knowingly and intentionally manufactures, ships, sells, offers for sale, or offers for promotional purposes jewelry containing lead in violation of those provisions or who knowingly and with intent to deceive falsifies any document or certificate required to be kept or produced pursuant to those provisions. This bill would additionally impose those criminal penalties upon a manufacturer or supplier of jewelry containing cadmium, thereby imposing a state-mandated local program by creating new crimes. (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.
Existing law requires every employer to provide a reasonable amount of break time to accommodate an employee who desires to express breast milk for the employee's infant child. Existing law requires employers to make reasonable efforts to provide the employee with the use of a room, other than a toilet stall, for the employee to express breast milk, as specified. This bill would authorize an employer to use the designation "Breast-Feeding Mother-Friendly Workplace" in its promotional materials if the employer submits its workplace breast-feeding policy to the Labor Commissioner and the Labor Commissioner determines that the employer's policy provides for specified criteria.
This measure would recognize March 31, 2010, as the anniversary of the birth of César Chávez, and would call upon all Californians to participate in appropriate observances to remember César Chávez as a symbol of hope and justice to all persons.