Sen. Jenny Oropeza

(1) Under existing law, the State Air Resources Board has the primary responsibility for the control of emissions from motor vehicles. The state board is required to administer the Carl Moyer Memorial Air Quality Standards Attainment Program to provide grants to offset the incremental cost of projects that reduce covered emissions from covered sources. The state board is required to establish and update grant criteria and guidelines for covered vehicle projects. This bill would require the state board to make grants available to covered vehicles and engines without regard to cost-effectiveness criteria from January 1, 2010, to January 1, 2011, inclusive. (2) Existing law creates the Air Quality Improvement Fund, which is administered by the State Air Resources Board. The moneys in the fund are available to the state board, upon appropriation by the Legislature, to implement the Air Quality Improvement Program. This bill would appropriate $10,000,000 from the Air Quality Improvement Fund to the state board for the purpose of providing direct grants and zero- or low- interest loans, from January 1, 2010, to January 1, 2011, inclusive, to owners of on-road heavy-duty diesel-fueled motor vehicles in order to purchase equipment for compliance with any regulation adopted by the state board for the reduction of air pollution from those vehicles. (3) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.

(1) The Electronic Waste Recycling Act of 2003 requires a retailer selling a covered electronic device in this state to collect a covered electronic waste recycling fee from the consumer. Under existing law, the fees are deposited in the Electronic Waste Recovery and Recycling Account and are continuously appropriated for specified purposes. This bill would appropriate $15,000,000 from that account to the California Conservation Corps for the purposes of making direct grants to certified local community conservation corps to collect and recycle covered electronic devices, as defined, consistent with the Electronic Waste Recycling Act of 2003, and for activities related to that collection and recycling. The bill would also appropriate $10,000,000 from that account to the California Conservation Corps to collect and recycle those covered electronic devices. (2) The California Tire Recycling Act requires a person who purchases a new tire to pay a California tire fee and the revenue generated from the fee is deposited in the California Tire Recycling Management Fund, for expenditure by the Department of Resources Recycling and Recovery, upon appropriation by the Legislature, for programs related to the disposal of waste tires, except that a specified amount of the fee is designated for programs and projects that mitigate or remediate air pollution caused by waste tires. This bill would appropriate $5,000,000 from that fund to the California Conservation Corps for the purposes of making direct grants to certified local community conservation corps to collect and recycle waste tires consistent with the California Tire Recycling Act, and for activities related to that collection and recycling. (3) Item Number 3340-101-6051 of the Budget Act of 2009, as added by Chapter 1 of the 4th Extraordinary Session, appropriated $6,700,000 to the California Conservation Corps for local assistance, payable from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006. This bill would reappropriate that amount for the support of the California Conservation Corps, subject to the purposes and limitations of that appropriation, and would provide that those funds would be available for encumbrance until June 30, 2013. The bill would also reappropriate certain funds that were reappropriated to the California Conservation Corps by Item 3340-490 of the Budget Act of 2009, as added by Chapter 1 of the 2009–10 4th Extraordinary Session, for local assistance grants to local conservation corps, payable from that fund. (4) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.

(1) The Housing and Emergency Shelter Trust Fund Act of 2006, adopted and approved by the voters at the November 7, 2006, statewide general election, authorized the issuance of bonds in the amount of $2,850,000,000 pursuant to the State General Obligation Bond Law. Existing law requires the allocation or availability of specified bond funds to the Construction Liability Insurance Reform Pilot Program and the Innovative Homeownership Program and provides for the reversion of certain funds under specified circumstances. Existing law establishes the Housing-Related Parks Program and the Building Equity and Growth in Neighborhoods (BEGIN) Program, funded by these bonds and administered by the Department of Housing and Community Development, relating to the promotion and support of infill development, housing-related parks, and housing assistance. This bill would make several legislative findings and declarations relating to jobs associated with residential construction and housing bond funds. The bill would delete the required allocation or availability of funds to the Construction Liability Insurance Reform Pilot Program and the Innovative Homeownership Program and instead require that funds be allocated and made available to the California Pollution Control Financing Authority, in consultation with the department, to administer loans or grants under the California Recycle Underutilized Sites (CALReUSE) program. The bill would modify the reversion provisions and make available specified amounts for grants to existing housing trust funds and the Multifamily Housing Program. The bill would appropriate specified amounts from the Regional Planning, Housing, and Infill Incentive Account and the Building Equity and Growth in Neighborhoods Account to the Department of Housing and Community Development for the Housing-Related Parks Program and the BEGIN Program, respectively. The bill would require the department to report on the explanation for the delay if appropriated funds are not awarded within 180 days from the date the act takes effect. (2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on January 8, 2010. This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on January 8, 2010, pursuant to the California Constitution.

Existing law provides that a person who initially collects hazardous waste at a remote site and transports it to a consolidation site operated by a generator and who complies with certain notification requirements is exempt from specified manifest and transporter registration requirements with regard to the hazardous waste if specified conditions are met. One of those conditions is that not more than 275 gallons or 2,500 pounds, whichever is greater, of hazardous waste is transported in a single shipment, except that a generator who is a public utility, local publicly owned utility, or municipal utility district is authorized to transport in a single shipment up to 1,600 gallons of hazardous wastewater from the dewatering of one or more utility vaults, up to 500 gallons of any other liquid hazardous waste, or up to 5,000 gallons of mineral oil from a transformer, circuit breakers, or capacitors, owned by the generator, if the mineral oil does not exhibit characteristics of toxicity pursuant to a specified test. This bill would revise that condition to increase the maximum weight amount to 10,000 pounds and would increase the maximum 1,600 gallon hazardous wastewater exception for certain generators to a maximum of 5,000 gallons.

The California Cigarette and Tobacco Products Licensing Act of 2003 requires a retailer to obtain a license from the State Board of Equalization to engage in the sale of cigarette and tobacco products in this state. A retailer owning more than one retail location must obtain a separate license for each retail location. This bill would specify that a new license may not be issued to a retailer for a retail location that is located within 600 feet of a school, except as specified, and would limit the issuance of licenses to retailers for a traditional retail location, as defined. This bill would require the Department of Alcoholic Beverage Control and the State Department of Public Health to provide specified information to the board upon request.

The Cigarette and Tobacco Products Tax Law, the violation of which is a crime, imposes a tax on every distributor of cigarettes and tobacco products at specified rates, including additional taxes imposed under the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) and the California Families and Children Act of 1998 (Proposition 10) . A provision of that law imposes a tax upon the distribution of tobacco products at a tax rate which is equivalent to the combined rate of all taxes imposed on cigarettes, which is deposited in specified accounts. This bill would, commencing on or after the first day of the first calendar quarter commencing more than 90 days on or after the effective date of the bill, impose an additional tax on the distribution of cigarettes at the rate of ($0.075) or 75 mills for each cigarette distributed, and would require a dealer or wholesaler to file a return with the State Board of Equalization showing the number of cigarettes in his or her possession or under his or her control on that date, as specified. Because the bill would impose an additional tax on cigarettes under the Cigarette and Tobacco Products Tax Law, it would increase the tax upon the distribution of tobacco products under that law. The bill would provide that the revenues collected from the additional tax would be allocated, upon appropriation by the Legislature, for certain purposes. The bill would require funds to be transferred from the fund to the California Children and Families First Trust Fund, which is a continuously appropriated fund, the Hospital Services Account, the Physician Services Account, the Unallocated Account of the Cigarette and Tobacco Products Surtax Fund, the Public Resources Account, and the Breast Cancer Fund, as necessary to offset revenue decreases to those accounts directly resulting from imposition of additional taxes by these provisions. Because this bill would require funds to be transferred to a continuously appropriated fund, it would make an appropriation. This bill would result in a change in state taxes for the purpose of increasing state revenues within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. Because this bill would impose new requirements under the Cigarette and Tobacco Products Tax Law, the violation of which is a crime, it 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 take effect immediately as a tax levy.

Existing law, with specified exceptions, exempts a food facility that donates any food that is fit for human consumption at the time it was donated to a nonprofit charitable organization or a food bank from liability for any damage or injury resulting from the consumption of the donated food. This bill would require the Governor to designate a state agency to establish and maintain a clearinghouse database that enables a food bank or a nonprofit organization, as defined, that has an interest in receiving nonperishable and perishable food donations to contact a food facility, as defined, that has an interest in donating food. This bill would require the agency to prepare and make available informational materials regarding the clearinghouse database, as specified. The bill would also require food facilities to include language in specified catering contracts that informs the purchaser of the food of the clearinghouse database.

Existing law creates the Department of Transportation within the Business, Transportation and Housing Agency. This bill would state the intent of the Legislature to enact legislation on the subject of transportation.

Existing law requires the Department of Alcoholic Beverage Control to notify the appropriate sheriff, chief of police, district attorney, city or county planning agency, and legislative body of an application for the issuance or transfer of a liquor license, and prohibits the Department of Alcoholic Beverage Control from issuing or transferring a license until at least 30 days after these notices are provided. Existing law authorizes the department to extend that 30-day period for a period not to exceed an additional 20 days if a proper written request is made by any local law enforcement agency. This bill would authorize the department to extend the 30-day period for a period not to exceed an additional 30 days if a proper written request is made by any entity or official receiving the required notification.