Under existing law, the State Department of Alcohol and Drug Programs licenses adult alcoholism or drug abuse recovery or treatment facilities. Existing law permits a license to be issued to programs that meet criteria that include the filing of an application and an approved fire clearance. Existing law allows the department to issue a license to a facility wherein separate buildings or portions of a residential facility are integral components of a single alcoholism or drug abuse recovery or treatment facility and all of the components of the facility are managed by the same licensee if the applicant meets specified requirements. This bill would require the department to provide a specified notice to a city or county planning agency if the approval of a license would result in the licensure of a facility that has the same owner or manager as an existing facility that is within 300 feet of, and is operated as an integral component of, the proposed facility. The bill would authorize the department to, among other things, impose specified health and safety requirements or deny licensure based upon overconcentration of facilities or conditions of local need. The bill would enact procedures permitting the city or county to file objections to approval of the license.
Sponsored bills
The Warren-Alquist State Energy Resources Conservation and Development Act requires the State Energy Resources Conservation and Development Commission to adopt building design and construction standards and energy and water conservation standards to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy, including energy associated with the use of water. This bill would require the commission to adopt, in collaboration with specified parties, building design and construction standards and energy and water conservation standards to require new residential constructions commenced on or after January 1, 2020, or on a date by which the commission determines that the use of photovoltaic technology is cost effective, whichever is later, to be zero net energy buildings, as defined.
Existing law requires an employer to provide a reasonable amount of break time for lactation purposes and specifies that the break time, if possible, shall run concurrently with any break time already provided to the employee. Under existing law, break time is unpaid if it does not run concurrently with the employee's authorized rest time. Existing law authorizes the Labor Commissioner to issue a citation for the violation of these provisions but exempts the violation from criminal prosecution. This bill would, instead, require an employer to provide a 20-minute paid rest period for lactation purposes during each 4-hour work period, immediately preceding or following the employee's rest period, and would specify that compliance with this requirement does not satisfy or affect an employer's separate obligation to provide a meal or rest period required by statute, an Industrial Welfare Commission order, or a collective bargaining agreement.
The California Constitution requires the Legislature to encourage the promotion of intellectual improvement. Existing law regulates financial institutions and their interactions with the public. Existing law recognizes the existence of specialized financial institutions that provide services, including, but not limited to, financial literacy training, to underserved communities. This bill would establish the California Financial Literacy Initiative in the Controller's office for the purpose of providing resources and instruction to Californians to improve financial literacy. The initiative would be administered by the Controller. The bill would establish the California Financial Literacy Fund in the State Treasury and would authorize the Controller to deposit private donations into the fund from entities with no direct financial interest in any financial products. The bill would require those moneys to be made available upon appropriation in the annual Budget Act. The bill would require the Controller, beginning in 2011, to report to specified committees of the Legislature annually on or before August 30 on the implementation of the initiative, as specified.
The Transportation Security Administration of the United States Department of Transportation, administered by the Under Secretary of Transportation for Security, is responsible for carrying out measures to ensure aviation security, including hiring, training, and retention of personnel for the security screening of passengers and baggage and conducting background checks for individuals with access to secure areas of airports regularly serving an air carrier holding a certificate issued by the Secretary of Transportation. Individuals with specified criminal backgrounds or other factors as determined by the under secretary, are disqualified from employment with an air carrier or airport operator, where they will have access to secured areas. The under secretary is required to adopt measures to improve secured-area access control, including working with airport operators to strengthen access control points in secured areas, including air traffic control operations areas, maintenance areas, crew lounges, baggage handling areas, concessions, and catering delivery areas. The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities, and authorizes the Legislature, unlimited by the other provisions of the California Constitution, to confer additional authority and jurisdiction upon the commission, that is cognate and germane to the regulation of public utilities. Charter-party carriers of passengers are subject to the jurisdiction and control of the commission under the Passenger Charter-Party Carriers' Act. The act requires a charter-party carrier of passengers to obtain from the commission a certificate that public convenience and necessity require the operation or a permit issued by the commission, and to operate within the state on a prearranged basis, as defined. The act prohibits the commission from issuing or renewing a permit unless the applicant has met specified requirements, including the submission of specified filing fees. Existing law prohibits the governing body of any airport from imposing any vehicle safety, licensing, or insurance requirements on charter-party carriers operating limousines that are more burdensome than those imposed by the commission, but authorizes the governing board to require a charter-party carrier operating limousines to obtain an airport permit for operating authority at the airport, and to adopt and enforce reasonable and nondiscriminatory local airport rules, regulations, and ordinances pertaining to access, use of streets and roads, parking, traffic control, passenger transfers, trip fees, and occupancy, and the use of buildings and facilities, that are applicable to charter-party carriers operating limousines on airport property. This bill would require the commission to adopt rules for criminal history background checks of drivers, or applicants to be a driver, for a charter-party carrier of passengers that provides passenger transportation to and from any airport regularly serving an air carrier holding a certificate issued by the United States Secretary of Transportation (commercial airport) and would disqualify persons convicted of specified crimes from being drivers. The bill would require that the rules adopted by the commission do the following: (1) require that each driver, and each applicant who is offered employment as a driver, of a charter-party carrier providing passenger transportation to and from a commercial airport submit fingerprints and other pertinent information for the purpose of obtaining criminal history information, (2) require that a charter-party carrier of passengers only employ as drivers those individuals that have successfully completed the criminal history background investigation, (3) require the charter-party carrier of passengers provide an identification credential to each employee, or applicant that becomes an employee, that successfully completes the criminal background investigation process, and (4) require all drivers that are employed by a charter-party carrier of passengers to carry identification credentials at all times on airport property. The bill would require any applicant for certification or a permit to operate as a charter-party carrier of passengers to certify that its drivers have successfully completed a criminal history background check and have been issued an identification credential in accordance with the above-described requirements. The bill would prohibit the governing body of any airport from imposing requirements on charter-party carriers providing transportation to and from the airport regarding criminal background checks on drivers, but would authorize the governing body to request a list of all drivers to whom identification credentials have been issued. Under existing law, a violation of the Passenger Charter-Party Carriers' Act or an order or direction of the commission pursuant to the act is a crime. Because the provisions of this bill are within the act and require action by the commission to implement its requirements, a violation of these provisions would impose a state-mandated local program by creating a new crime. 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 Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state, and provides various exemptions from the taxes imposed by that law. This bill would exempt from a specified portion of those taxes, for calendar years beginning on and after January 1, 2011, the gross receipts from the sale of, and the storage, use, or other consumption in this state of, sustainable development equipment investments of tangible personal property purchased for use by a qualified person, as specified, and tangible personal property used primarily during the research and development process on qualified research. The bill would also exempt from a specified portion of those taxes, for calendar years beginning on and after January 1, 2013, the gross receipts from the sale of, and the storage, use, or other consumption of, tangible personal property purchased by a qualified person for use primarily in any stage of the manufacturing, processing, refining, fabricating, or recycling of property, as specified, and tangible personal property purchased for use by a contractor purchasing that property for use in the performance of a construction contract for the qualified person who will use the property as an integral part of the manufacturing, processing, refining, fabricating, or recycling process, or as a storage facility for use in connection with the manufacturing process. This bill would specify that this exemption does not apply to local sales and use taxes or transactions and use taxes. This bill would take effect immediately as a tax levy.
Under existing law, prosecution for specified felony sex offenses, including rape, sodomy, lewd or lascivious acts, oral copulation, continuous sexual abuse of a child, and acts of sexual penetration that are alleged to have been committed when the victim was under the age of 18 years, may be commenced at any time prior to the victim's 28th birthday. Existing law also allows a complaint alleging one or more of these offenses to be filed beyond this time limitation in certain specified instances if the crimes involve substantial sexual conduct and there is independent corroborating evidence of the allegations. This bill would allow the prosecution of the felony sex offenses specified above to be commenced at any time if the crime is alleged to have been committed when the victim was under the age of 14.
(1) Existing law authorizes the establishment of regional occupational centers or programs to provide career technical education and technical training to students. Existing law provides a system for the funding of regional occupational centers or programs that includes a provision for the apportionment of state funds to these centers or programs. This bill would require, from the 2009–10 fiscal year to the 2012–13 fiscal year, inclusive, that a regional occupational center or program established and maintained by school districts as a joint powers agency receive its operating funds directly from the county office of education of the county in which it is located, in a manner that is consistent with the apportionments for those school districts that comprise the joint powers authority that are provided to the county office of education pursuant to the annual Budget Act. The bill would authorize a joint powers agency receiving an apportionment for a school district pursuant to the bill to disburse those funds to the school district for which that apportionment was made. The bill would provide that nothing in its provisions would prevent any school district or county office of education from using funding received from a specified item of the annual Budget Act for any educational purpose. (2) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides for the In-Home Supportive Services (IHSS) program, under which qualified aged, blind, and disabled persons receive services enabling them to remain in their own homes and avoid institutionalization. Existing law permits services to be provided under the IHSS program either through the employment of individual providers, a contract between the county and an entity for the provision of services, the creation by the county of a public authority, or a contract between the county and a nonprofit consortium. Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services, under which health care services are provided to qualified low-income persons. Under existing law, IHSS recipients who are eligible for the Medi-Cal program are provided with personal care option services, as defined, in lieu of receiving these services under the IHSS program. Existing law, enacted in 2009, makes various statutory changes with respect to the provision of in-home supportive services, relating to matters, including, but not limited to, provider enrollment procedures, criminal background checks, orientation, and duties, as well as eligibility standards for recipients, unannounced home visits, and program integrity and fraud prevention. This bill would make the operation of the statutory changes described above subject to a stakeholder process, to be conducted, as specified, by the State Department of Social Services, prior to the implementation of those changes. The bill would require implementation of any of the statutory changes described in the bill to occur either on the date specified in an applicable statute, or 60 days after the department notifies the Joint Legislative Budget Committee that the changes may be implemented, whichever is later. This bill would prohibit information notices relating to the implementation of these statutory changes from being sent to recipients or providers until the stakeholder process is completed. This bill would declare that it is to take effect immediately as an urgency statute.
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 also provides for the regulation of health insurers by the Department of Insurance. Under existing law, health care service plan contracts and health insurance policies that include coverage for the treatment or surgery of cervical cancer are deemed to provide coverage for an annual cervical cancer screening test, upon the referral of the patient's physician and surgeon, nurse practitioner, or certified nurse midwife, as specified. This bill would make those provisions apply if the referral is made by a physician assistant, as specified. In addition, the bill would require those plan contracts and insurance policies to provide coverage for a human papillomavirus vaccination, as specified. Because a willful violation of the bill's requirements 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.