Existing law authorizes a peace officer to make an arrest pursuant to a warrant or based upon probable cause, as specified. Under existing law, an arrest is made by the actual restraint of the person or by submission to the custody of the arresting officer. Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. This bill would prohibit a law enforcement agency from authorizing the use of a carotid restraint or a choke hold, as defined. By requiring local agencies to amend use of force policies, 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, 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.
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Existing law, no later than the close of the 2019 calendar year, requires a publicly held domestic or foreign corporation whose principal executive office is located in California to have a minimum of one female director on its board. Existing law, no later than the close of the 2021 calendar year, additionally requires such a corporation with 5 directors to have a minimum of 2 female directors and such a corporation with 6 or more directors to have a minimum of 3 female directors. Existing law authorizes the Secretary of State to impose fines for violations of these provisions, as specified, and requires the moneys from these fines to be available, upon appropriation, to offset the cost of administering these requirements. This bill would require, no later than the close of the 2021 calendar year, such a corporation to have a minimum of one director from an underrepresented community, as defined. The bill would require, no later than the close of the 2022 calendar year, such a corporation with more than 4 but fewer than 9 directors to have a minimum of 2 directors from underrepresented communities, and such a corporation with 9 or more directors to have a minimum of 3 directors from underrepresented communities. Existing law requires, on or before specified dates, the Secretary of State to publish various reports on its internet website documenting, among other things, the number of corporations in compliance with these provisions. This bill would require, on or before specified dates, the Secretary of State to include in those reports certain information, including, among other things, the number of corporations in compliance with the bill's provisions. The bill would authorize the Secretary of State to impose fines for violations of the bill's provisions, as specified, and would require the moneys from these fines to be available, upon appropriation, to offset the cost of administering these requirements. This bill would make related findings and declarations.
Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force. Existing law requires law enforcement agencies to report to the Department of Justice, as specified, any incident in which a peace officer is involved in a shooting or use of force that results in death or serious bodily injury. This bill would create a division within the Department of Justice to, upon the request of a law enforcement agency, review the use-of-force policy of the agency and make recommendations, as specified. This bill would require a state prosecutor to investigate incidents of an officer-involved shooting resulting in the death of an unarmed civilian, as defined. The bill would make the Attorney General the state prosecutor unless otherwise specified or named. The bill would authorize the state prosecutor to prepare a written report, and would require the state prosecutor to post any reports made on a public internet website. The bill would require, commencing July 1, 2023, the Attorney General to operate a Police Practices Division within the department to review, upon the request of a local law enforcement agency, the use of deadly force policies of that law enforcement agency and make recommendations, as specified. The bill would require the department to implement these provisions subject to an appropriation for this purpose.
Existing law provides for the payment of unemployment compensation benefits and extended benefits to eligible individuals who meet specified requirements. Existing law provides definitions for "employment" for purposes of these provisions. Existing federal and state law excludes services performed by a child in the employ of a parent, a parent in the employ of their child, or a person in the employ of their spouse, from the definition of "employment" for purposes of unemployment taxes and unemployment insurance benefit eligibility, as specified. Under existing law, unemployment benefits are generally paid from the Unemployment Compensation Disability Fund, which is continuously appropriated for these purposes. This bill would provide that the definition of "employment" for the purposes of unemployment insurance coverage includes services performed by an individual in the employ of their parent, child, or spouse if that individual is providing services through the In-Home Supportive Services program or the Waiver Personal Care Services program. This bill would, notwithstanding existing law, provide that no money is continuously appropriated for purposes of the provisions of this bill and would make the operation of the bill's provisions contingent upon appropriation by the Legislature. Existing law permits an employing unit for which services are performed that do not constitute employment because they are services performed by a minor child in the employ of parent, or services performed by an individual in the employ of their child or spouse, to elect that the services constitute employment for purposes of disability compensation laws and provides that, upon written approval from the Director of Employment Development, those services are deemed to constitute employment. This bill would require that an individual whose services are deemed to constitute employment pursuant to the above-described provisions be treated as an individual whose services ordinarily constitute employment for purposes of computing disability benefit rights and contributions, if that individual is providing services through the In-Home Supportive Services program or the Waiver Personal Care Services program. Under existing law, disability benefits are generally paid from the Unemployment Compensation Disability Fund, which is continuously appropriated for these purposes. This bill would, notwithstanding existing law, provide that no money is continuously appropriated for purposes of the provisions of this bill and would make the operation of the bill's provisions contingent upon appropriation by the Legislature. 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. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law governs employment relations, defines the contract of employment, and establishes the obligations of employers to their employees. This bill would require an employer, as defined, to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system, in accordance with specified timelines and procedures. The bill would define the term "laid-off employee" to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding the state of emergency giving rise to the application of the bill's provisions, and whose most recent separation from active service was due to a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the state of emergency, as defined. The bill would also require an incumbent employer, within 15 days after the execution of a transfer document, to provide to the successor employer specified information pertaining to eligible employees and would require the successor employer to maintain and hire from a preferential hiring list for a specified time period. The bill would authorize an employee to enforce violations of these provisions by filing an action with the Division of Labor Standards and would authorize various remedies, including hiring and reinstatement rights and awarding of back pay.
(1) Existing law provides that the Department of Toxic Substances Control regulates the handling and management of hazardous substances, materials, and waste. Existing law requires the department to, among other things, issue hazardous waste facilities permits to facilities handling hazardous waste and to enforce the requirements of the hazardous waste control laws. This bill would create the Board of Environmental Safety in the California Environmental Protection Agency. The bill would provide requirements for the membership of the board and would require the board to conduct no less than 6 public meetings per year. The bill would provide for the duties of the board, which would include, among others, reviewing specified policies, processes, and programs within the hazardous waste control laws; proposing statutory, regulatory, and policy changes; and hearing and deciding appeals of hazardous waste facility permit decisions and certain financial assurance decisions. The bill would establish an office of ombudsperson in the board to receive complaints and suggestions, to evaluate complaints received, to report findings and make recommendations to the Director of Toxic Substances Control and the board, and to render assistance. (2) Existing law requires the department to prepare and adopt a state hazardous waste management plan with certain elements, to be reviewed annually and revised at least every 3 years. Existing law requires the plan to be prepared in conjunction with, and to take into account, hazardous waste management plans adopted by counties and regional councils of governments. Existing law requires the department to conduct at least 2 public workshops, as provided, as part of the preparation and adoption of the plan. This bill would repeal those requirements and instead require the department, by March 1, 2024, and every 3 years thereafter, to prepare and present to the board for approval a state hazardous waste management plan containing certain information, goals, and recommendations. The bill would require the department, by March 1, 2022, and every 3 years thereafter, to prepare a report containing an analysis of available data related to hazardous waste and hazardous waste management facilities, and would require the state hazardous waste management plan to be based on the information contained in that report and any other relevant source of information. The bill would require the board, before approving the plan, to conduct at least 3 public hearings to receive comments from the public and would require the board and department to consider the comments received and revise the plan as they deem appropriate. (3) Existing law imposes various fees, including a disposal fee, generator fee, and facility fee, that are deposited in the Hazardous Waste Control Account and that, upon appropriation by the Legislature to the department, are authorized to be expended for, among other things, the administration and implementation of the hazardous waste control laws. Existing law establishes the Toxic Substances Control Account in the General Fund and requires that specified funds be deposited in that account, including the charge imposed on organizations that use, generate, store, or conduct activities in this state related to hazardous materials, and penalties imposed pursuant to the hazardous waste control laws or the Carpenter-Presley-Tanner Hazardous Substance Account Act. Existing law authorizes the appropriation of funds from the Toxic Substances Control Account to the department for specified purposes, including, among other things, site remediation and response costs. This bill would require the Secretary for Environmental Protection to convene a fee task force with specified membership to review the existing fee structure supporting the Hazardous Waste Control Account and the funding structure supporting the Toxic Substances Control Account. The bill would require the Secretary to provide recommendations to the Legislature by January 10, 2022, as part of the Governor's Budget, on a fee system for the Hazardous Waste Control Account and a funding structure for the Toxic Substances Control Account, as provided. (4) Existing law requires a person who disposes of hazardous waste in this state to pay a disposal fee for the disposal of hazardous waste to land, based on the type of waste placed in the disposal site. Existing law imposes, except for certain specified exceptions, a manifest fee for each California Hazardous Waste Manifest form or electronic equivalent used by a person. Existing law authorizes the Department of Toxic Substances Control to impose an annual verification fee on certain generators, transporters, and facility operators that possess a valid identification number issued by the Department of Toxic Substances Control or by the United States Environmental Protection Agency. This bill would repeal the provisions establishing the disposal fee, manifest fee, and verification fee. (5) Existing law requires specified money to be deposited in the Hazardous Waste Control Account, including money from the disposal fee, generator fee, facility fee, and manifest fee, from specified fees for the oversight of corrective action, and from the federal government pursuant to the federal Resource Conservation and Recovery Act of 1976. Existing law authorizes funds deposited in the account to be expended, upon appropriation by the Legislature, for specified purposes, including for the administration and implementation of the hazardous waste control laws, including, but not limited to, for programs regulating specific products, including, among others, metal-containing jewelry, lead wheel weights, and consumer products. This bill, on January 1, 2022, would revise those provisions to require the generation and handling fee to be deposited in the account, as discussed in paragraph (6) , and to authorize other money to be deposited in the account only if that money is for costs at sites that are not operated by authorized hazardous waste facilities, as provided. The bill would prohibit expenditure from the account for hazardous waste regulatory activities at sites operated by an authorized hazardous waste facility and for other specified programs regulating specific products under the hazardous waste control laws. The bill would additionally authorize expenditure from the account to the department for costs incurred by the Board of Environmental Safety, as provided. The bill would make other conforming changes. The bill, on January 1, 2022, would establish the Hazardous Waste Facilities Account in the Hazardous Waste Control Account, to be administered by the Director of Toxic Substances Control. The bill would require specified money for costs at sites operated by authorized hazardous waste facilities to be deposited in the Hazardous Waste Facilities Account, as provided. The bill would authorize expenditure from the account, upon appropriation by the Legislature, for specified purposes relating to hazardous waste regulatory activities at sites operated by an authorized hazardous waste facility or related to the owner or operator of an authorized hazardous waste facility, as provided. (6) Existing law requires a generator of hazardous waste who generated 5 or more tons of hazardous waste in the prior calendar year to pay a generator fee, pursuant to a tiered payment structure, based on a specified base rate. Existing law authorizes the California Department of Tax and Fee Administration to annually adjust the base rate to reflect the increase or decrease in the cost of living, as provided. Existing law provides certain exemptions to the generator fee. Existing law requires the generator fee to be deposited in the Hazardous Waste Control Account. Existing law requires the department, upon appropriation by the Legislature, to pay refunds to generators from surplus funds in the Hazardous Waste Control Account, as provided. This bill would repeal the generator fee and would instead require a generator to pay to the California Department of Tax and Fee Administration a generation and handling fee of $35.50 for each ton of hazardous waste generated. The bill would require the generation and handling fee to be deposited in the Hazardous Waste Control Account. The bill would not extend certain generator fee exemptions to the generation and handling fee. The bill would repeal the provision requiring the department to provide refunds to generators from surplus funds in the Hazardous Waste Control Account. Because the failure to pay the generation and handling fee would be a crime, the bill would impose a state-mandated local program. (7) Existing law requires an operator of a hazardous waste facility to pay a facility fee for each reporting period, or any portion of a reporting period, to the California Department of Tax and Fee Administration based on the size and type of the facility. Existing law sets the amount of the facility fee in a flat amount for facilities with a postclosure permit or a standardized permit and sets the facility fee for all other facilities pursuant to a tiered payment structure, based on a specified base rate. Existing law requires the California Department of Tax and Fee Administration to annually adjust the base rate to reflect the increase or decrease in the cost of living, as provided. Existing law provides certain exemptions to the facility fee, including, among others, for household hazardous waste collection facilities and facilities operated by a local government agency. Existing law requires the facility fee to be deposited in the Hazardous Waste Control Account. This bill would increase the base rate and revise the tiered payment structure for the facility fee, as provided. The bill would require the facility fee to be deposited in the Hazardous Waste Facilities Account, instead of the Hazardous Waste Control Account. The bill would eliminate certain exemptions to the facility fee, as provided. By eliminating certain exemptions to the facility fee, of which the failure to pay would be a crime, the bill would impose a state-mandated local program. (8) Existing law requires a facility handling hazardous waste to obtain a hazardous waste facilities permit from the department. Existing law requires the department to impose certain conditions on each hazardous waste facilities permit and authorizes the department to impose other conditions on a hazardous waste facilities permit, as specified. Existing law prohibits the department from issuing or renewing a permit to operate a hazardous waste facility unless the owner or operator of the facility establishes and maintains financial assurances. This bill would require the department to review, at least once every 5 years, the financial assurances required to operate a hazardous waste facility and the cost estimates used to establish the amount of financial assurances required. If the department's review finds that the cost estimates forming the basis for the financial assurances for a facility are inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to provide an updated cost estimate and establish financial assurance mechanisms for the approved revised cost estimate amounts within 60 days of the department's approval of the revised cost estimate. (9) Existing law requires an owner or operator of a facility intending to renew the facility's permit to submit a complete Part A application for a permit renewal before the expiration of the permit. Existing law requires the owner or operator to submit a complete Part B application when requested by the department. Existing law, when a complete Part A renewal application, and any other requested information, has been submitted before the end of a permit's fixed term, deems the permit extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal. Existing law requires the department to issue a permit if the facility meets specified requirements. Existing law provides for the issuance of standardized hazardous waste facilities permits in lieu of other specified permit procedures under prescribed circumstances. This bill would require the department to issue a permit decision within specified deadlines, as discussed below. If the department has not issued a final permit decision by the applicable deadline, the bill would require the department to, among other things, issue a report, to be released publicly, that includes the reasons why the final permit decision was not made on time and a proposed schedule for issuing the final permit decision. The bill would require the department, after preparation of a report, to do certain things, including requesting that the board schedule a hearing for the department to present the report. The bill would require, for a hazardous waste facilities permit that will expire before January 1, 2024, the owner or operator of a facility intending to extend the term of that permit to submit a Part A and Part B application for a permit renewal at least 180 days before the fixed term of the permit expires. The bill would require, for a hazardous waste facilities permit that will expire on or after January 1, 2024, the owner or operator to submit a Part A and Part B application for a permit renewal at least 2 years before the fixed term of the permit expires. The bill would provide that, if a Part A and Part B renewal application and any other requested information has been submitted in accord with these requirements, the permit is deemed extended until the application is approved and the new permit is effective or denied and all parties have exhausted all applicable rights of appeal. The bill would require the department, no later than 90 days after receiving an application for a hazardous waste facilities permit, to post on its internet website a timeline with the estimated dates of key milestones in the application review process, to note on its internet website that these dates are estimates, and to update the dates as needed. The bill would require the department, on or before March 31, 2021, to post a timeline with those estimated dates for a hazardous waste facility permit application under review as of January 1, 2021. (10) Existing law requires an applicant for a final hazardous waste facilities permit who receives a notice of deficiency from the department concerning the permit application to submit the information specified in the notice of deficiency by a specified date. The bill would require that an applicant not be required to submit a full application, but only that information that is required within the department's notice of deficiency, when submitting information pursuant to a notice of deficiency. The bill would require the department to review the information and determine if it is complete within 60 days of receipt of the information. (11) Existing law requires the department, in the case of a release of hazardous waste or hazardous waste constituents into the environment from a hazardous waste facility that is required to obtain a permit, to pursue available remedies, including the issuance of an order for corrective action, before using available legal remedies, except in specified circumstances. A violation of the hazardous waste control law is a crime. This bill would require the department, under specified circumstances, to request an owner or operator of a hazardous waste facility to submit to the department for review and approval a written cost estimate to cover activities associated with a corrective action based on available data, history of releases, and site activities, as specified. The bill would require the owner or operator to submit the corrective action cost estimate within 60 days of the department's request. The bill would require the owner or operator, within 90 days of the approval of a corrective action cost estimate, as specified, to fund the cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action. The bill would establish procedures for an owner, operator, or responsible party to demonstrate and maintain financial assurance under specified circumstances. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. (12) Existing law requires a person who applies for, or requests, among other things, a hazardous waste facilities permit or a renewal of an existing hazardous waste facilities permit, to enter into a written agreement with the department to reimburse the department for the costs incurred by the department in processing the application or responding to the request, as provided. Existing law requires that agreement, except for an agreement entered into by a facility owned by a federal agency, to provide for at least 25% of the reimbursement to be made in advance of the processing of the application or the response to the request. This bill would additionally exempt from that requirement relating to advanced reimbursement an agreement entered into by a facility operated by a federal agency. (13) 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 establishes and requires the State Department of Social Services to administer the CalFood Program to provide food and funding to food banks whose primary function is to facilitate the distribution of food to low-income households, as specified. This bill would establish a program to provide emergency food assistance. The program would require, upon the appropriation of funds by the Legislature for this purpose, or upon a determination by the Governor that specified funds available to the Governor may be used for this purpose, the department to contract with a Feeding America partner state organization with the capacity to provide a food assistance benefit statewide, or another nonprofit entity that the department deems appropriate, to issue food assistance benefits in the form of a one-time use, prepaid card preloaded with $600 for use at retailers that sell groceries. The bill would require the cards to be issued on 2 different distribution periods at least one month apart to any adult who self-attests to eligibility for specified assistance programs. The bill would specify the procedures for administering this program. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Occupational Safety and Health Act of 1973, provides the Division of Occupational Safety and Health within the Department of Industrial Relations with the power, jurisdiction, and supervision over all employment and places of employment necessary to enforce and administer all occupational health and safety laws and standards and to protect employees. Under the act, the Occupational Safety and Health Standards Board within the division is authorized to adopt, amend, or repeal occupational safety and health standards and orders. This bill would require the division to disseminate, in both English and Spanish, information on best practices for COVID-19 infection prevention, as specified, consistent with the Guidance Documents available on the division's internet website, including, but not limited to, the Guidance Document entitled, "Cal/OSHA Safety and Health Guidance: COVID-19 Infection Prevention for Agricultural Employers and Employees." The bill would also require the division to work collaboratively with community organizations and organizations representing employees and employers to conduct a statewide outreach campaign, targeted at agricultural employees, to assist with the statewide dissemination of the best practices information and to educate employees on any COVID-19-related employment benefits to which they are entitled, including access to paid sick leave and workers' compensation. The bill would require the campaign to include public service announcements on local Spanish radio stations and the distribution of workplace signs. The bill would require the division to routinely compile and report, via its internet website, information relating to the subject matter, findings, and results of any investigation by the division relating to practices or conditions prescribed in the Guidance Documents or a COVID-19 illness or injury at a workplace of agricultural employees, as specified. The bill would repeal these provisions when the state of emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature, as specified. The bill would also direct the division to enforce the Guidance Documents to the extent any specific Guidance Document applies to any specific workplace and to the extent the division has existing regulatory authority. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law establishes the Childhood Lead Poisoning Prevention Program, which is administered by the State Department of Public Health. Existing law requires the department to adopt regulations establishing a standard of care that include the determination of specified risk factors for lead exposure, including a child's time spent in a home, school, or building built before 1978. Existing law requires the department to ensure appropriate case management for children who have been identified with lead poisoning, and authorizes the department to contract with any public or private entity, including any local agency, to perform that duty. This bill would add several risk factors to be considered as part of the standard of care specified in regulations, including a child's residency in or visit to a foreign country. The bill would require the department to update its formula for allocating funds to a local agency that contracts with the department to administer the Childhood Lead Poisoning Prevention Program, and to revise funding allocations before each contract cycle. Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law authorizes the department to enter contracts with managed care plans to provide Medi-Cal services, and imposes requirements on the Medi-Cal managed care plans, including network adequacy standards. Under existing law, Medi-Cal covers early and periodic screening, diagnostic, and treatment services for individuals under 21 years of age, consistent with federal law. Existing regulations of the department require a health care provider who performs a periodic health assessment of a child who receives services from a publicly funded program for low-income children, to order the child screened for lead poisoning, as specified, unless a parent or guardian of the child, or other person with legal authority to withhold consent, refuses to consent to the screening or if the risk of screening is a greater risk to the child's health than the risk of lead poisoning. Existing regulations also require the health care provider to provide oral or written guidance to a parent or guardian that includes information relating to the risk of childhood lead poisoning. This bill would require a contract between the department and a Medi-Cal managed care plan to require the Medi-Cal managed care plan, on a quarterly basis, to identify every enrollee who is a child without a record of completing the blood lead screening tests, and to remind the contracting network provider of the requirement to perform the required blood lead screening tests and the requirement to provide the oral or written guidance to a parent or guardian relating to risk of childhood lead poisoning. The bill would require the department to develop and implement procedures to ensure compliance with those requirements would authorize the department to impose sanctions for a violation of those requirements. The bill would authorize the department to implement these provisions by means of plan or county letters, or other similar instructions.
Federal Executive Order 13888 generally prohibits a refugee from being resettled in a state or locality if the state or locality has not consented, in writing, to the resettlement of refugees. The Executive Order requires the United States Secretary of State and the United States Secretary of Health and Human Services to implement a process to determine if a state or locality consents. The bill would prohibit a refugee from being denied resettlement in California based on any criterion, method of administration, or practice that has the purpose or effect of discriminating on the basis of specified protected characteristics.