Existing law requires an employer, either semimonthly or at the time of each payment of wages, to furnish their employees with an accurate itemized statement showing specified information. Existing law authorizes an employee to recover for a knowing and intentional violation of that provision actual damages, or a specified alternative dollar amount, whichever is greater, and to be awarded costs and attorney's fees. Existing law authorizes an employee to also bring an action for injunctive relief to ensure compliance with that provision and entitles the employee to an award of costs and reasonable attorney's fees. Existing law provides for specified civil penalties for violations of itemized wage statements. This bill would require an employee alleging a violation of itemized wage statement provisions to meet specified requirements before bringing an action against the employer, which would include providing written notice by certified mail to the employer of the alleged violation, including the facts and theories to support the alleged violation, and would allow the employer 65 calendar days of the postmark date of the notice to cure the violation, as specified. The Labor Code Private Attorneys General Act of 2004 further provides that, as an alternative to civil penalties being assessed and collected by the Labor and Workforce Development Agency, the civil penalties may be recovered through a civil action brought by an aggrieved employee on behalf of themselves and other employees. The act authorizes an employer to cure specified violations of itemized wage statement requirements, within 33 days of the date of the notice from the aggrieved employee, by making the aggrieved employee whole and providing itemized wage statements for each pay period for the last 3 years. This bill would expand the types of itemized wage statement violations that an employer could cure and would allow the employer 65 calendar days of the postmark date of the notice to cure the violation, as specified. The bill would also reduce from 3 years to one year the past itemized wage statements that the employer is required to provide in order to cure a violation. Existing law permits an aggrieved employee, on behalf of themselves and other current or former employees, to bring a civil action pursuant to specified procedures for a violation of a provision of the Labor Code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency. Existing law authorizes civil penalties of $100 per employee for violation of the above-specified provision for an initial violation and $200 per employee for each subsequent violation. This bill would limit the amount of penalties that may be recovered to $5,000 if the aggrieved employees did not suffer actual economic or physical harm. The bill would also define the term "violation" for purposes of that provision.
Sponsored bills
Existing law authorizes the formation of reclamation districts by owners of swamp and overflowed lands, salt-marsh, or tidelands, or other lands subject to flood or overflow and by owners of land already reclaimed, or in progress of reclamation, and not included in a reclamation district. Existing law authorizes Reclamation District No. 1004, in conjunction with the County of Colusa, to construct, maintain, and operate a plant, transmission lines, and other necessary or appropriate facilities for the generation of hydroelectric power, as prescribed. Existing law requires proceeds from the sale of electricity to be utilized to retire any time warrants issued for construction of the facilities and otherwise for the powers and purposes for which the district was formed. Existing law authorizes Reclamation District No. 108 to exercise this hydroelectric power authority until January 1, 2021. This bill would authorize Reclamation District No. 108 to continue to exercise the above-described hydroelectric power authority after January 1, 2021.
Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law requires the State Air Resources Board to identify toxic air contaminants that are emitted into the ambient air of the state and to establish airborne toxic control measures to reduce emissions of toxic air contaminants from nonvehicular sources. This bill would require an air district to adopt a rule or revise its existing rules, consistent with federal law, to allow a health facility that has received a permit from the district to construct and operate an emergency backup generator to use that emergency backup generator during a deenergization event without having that usage count toward any time limitation on actual usage and routine testing and maintenance included as a condition for issuance of that permit. By requiring air districts to adopt or revise its rules, the bill would impose a state-mandated local program. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards. Electrical cooperatives are subject to the regulatory authority of the commission, except as specified. Existing law requires each electrical corporation to annually prepare and submit a wildfire mitigation plan to the commission for review and approval, as specified. Following approval, the commission is required to oversee compliance with the plans. Existing law requires each local publicly owned electric utility and electrical cooperative to annually prepare a wildfire mitigation plan and to verify that the wildfire mitigation plan complies with all applicable rules, regulations, and standards, as appropriate. Existing law requires a wildfire mitigation plan of an electrical corporation to include, among other things, protocols for deenergizing portions of the electrical distribution system that consider the associated impacts on public safety, as well as protocols related to mitigating the public safety impacts of those protocols, including impacts on critical first responders and on health and communications infrastructure. Existing law requires a wildfire mitigation plan of an electrical corporation to also include appropriate and feasible procedures for notifying a customer who may be impacted by the deenergizing of electrical lines and requires these procedures to consider the need to notify, as a priority, critical first responders, health care facilities, and operators of telecommunications infrastructure with premises within the footprint of a potential deenergization event. Existing law requires that an electrical cooperative and a local publicly owned electric utility consider these matters when developing and implementing a wildfire mitigation plan. If an electrical corporation, electrical cooperative, or local publicly owned electric utility has undertaken a deenergization event during a calendar year, this bill would require the electrical corporation, electrical cooperative, or local publicly owned electric utility, by January 30 of the following calendar year, to submit a report with specified information to each air quality management district and air pollution control district affected by the deenergization event. Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because this bill would require action by the commission to implement its requirements, and a violation of that action would be a crime, the bill would impose a state-mandated local program by creating a new crime. By requiring local publicly owned electric utilities to report matters to air quality management districts and air pollution control districts 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 with regard to certain mandates no reimbursement is required by this act for specified reasons. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the California State Board of Pharmacy in the Department of Consumer Affairs and authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications through a surplus medication collection and distribution intermediary that is licensed by the California State Board of Pharmacy. Existing law authorizes the California State Board of Pharmacy to charge a fee in the amount of $300 to issue or renew a license to operate as a surplus medication collection and distribution intermediary. Existing law, the Medical Practice Act, governs the scope and practice of medicine. Existing law establishes in the Department of Consumer Affairs the Medical Board of California (the board) to exercise licensing, regulatory, and disciplinary functions with respect to the practice of medicine. A violation of the Medical Practice Act is a crime. Existing law establishes the Contingent Fund of the Medical Board of California and makes moneys in the fund available, upon appropriation by the Legislature for the use of the board for expenses incurred in implementing the act. This bill would establish a program for the collection and distribution of eligible unused cancer medications, to be known as the Cancer Medication Recycling Act. The bill would require each participating practitioner, as defined, in the collection and distribution of those medications to be registered with the board, as specified, and would require the board to create a registry for participating practitioners, including developing both a donor and a recipient form containing specified information. The bill would authorize the board to charge a fee, not to exceed $300, as specified, to issue or renew the registration certificate of a participating practitioner under the program. The fee would be deposited in the Contingent Fund of the Medical Board of California. The bill would exempt a participating practitioner from licensure as a wholesaler and would require the practitioner to keep and maintain for 3 years records created by the participating practitioner for purposes of the program. The bill would also exempt a donor and other specified persons and entities acting in good faith from criminal or civil liability for an injury caused when donating, accepting, or dispensing medication in compliance with the requirements of the act. The bill would also exempt a participating practitioner acting in good faith that receives a donated medication and redistributes it from a specified penalty resulting from the condition of the donated medication, except as specified. Because a violation of the requirements of the bill contained in the Medical Practice Act 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 Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture to establish and oversee an environmental farming program to provide incentives to farmers whose practices promote the well-being of ecosystems, air quality, and wildlife and their habitat. The act requires the Secretary of Food and Agriculture to convene the Scientific Advisory Panel on Environmental Farming, as prescribed, for the purpose of providing advice to the secretary on the implementation of the Healthy Soils Program and the State Water Efficiency and Enhancement Program and assistance to federal, state, and local government agencies on issues relating to the impact of agricultural practices on air, water, and wildlife habitat, as specified. This bill would additionally require the panel to assist government agencies to incorporate the conservation of natural resources and ecosystem services practices into agricultural programs. The bill would require the department, with advice from the panel, to establish and administer the California Environmental Farming Incentive Program, subject to an appropriation by the Legislature. The bill would require the program to support on-farm practices seeking to optimize environmental benefits while supporting the economic viability of California agriculture by providing incentives to farmers or ranchers who want to pursue adopting management practices that contribute to wildlife habitat and result in on-farm activities that provide multiple conservation benefits, as prescribed. The bill would require the department, in consultation with the panel, to determine priorities for the program and give priority to specified projects, such as those that benefit socially disadvantaged farmers or ranchers. The bill would create the California Environmental Farming Incentive Program Fund in the State Treasury, and upon appropriation by the Legislature, authorize the department to expend funds for purposes of the program. The bill would require the department to provide funds for incentives to private landowners, nonprofit organizations, the University of California Cooperative Extension, or local agencies, including resource conservation districts, for activities that support the program and implementation of on-farm practices. Existing law requires the department to establish a technical assistance grant program to provide funds to technical assistance providers, as defined, to provide technical assistance to Healthy Soils Program, alternative manure management practices programs, and State Water Efficiency and Enhancement Program applicants, as prescribed. This bill would include the California Environmental Farming Incentive Program as a program that the technical assistance grant program may provide funds to provide technical assistance for applicants. The bill would revise the definition of technical assistance for the purpose of the grant program.
(1) Existing law provides for a public postsecondary education system in this state. This system consists of the University of California, the California State University, and the California Community Colleges. Existing law authorizes these institutions to require that mandatory systemwide fees and tuition, among other fees, be paid by their students. Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending these institutions. This bill would establish the CalServe Higher Education Grant Program, under the administration of the commission, which would award annual grants to eligible students to finance mandatory systemwide tuition and fees not covered by federal, state, or institutionally administered grants or fee waivers commencing with the 2023–24 academic year. The bill would establish the CalServe Higher Education Grant Program Fund in the State Treasury and require that all moneys appropriated for the program be deposited into the fund and appropriated by the Legislature to the commission for the program. (2) Under existing law, by executive order, CaliforniaVolunteers is established in the office of the Governor and is charged with overseeing programs and initiatives for service and volunteerism. Existing law authorizes CaliforniaVolunteers to form a nonprofit public benefit corporation or other entity exempt from income taxation, as provided, to raise revenues and receive grants or other financial support from private or public sources, for purposes of undertaking or funding any lawful activity authorized to be undertaken by CaliforniaVolunteers. Existing federal law, the National Community Service Trust Act, also requires the state to create a commission to carry out specified duties relating to national service programs to be eligible for grants or allotments under certain programs, or to receive distributions of approved national service positions. This bill would reestablish CaliforniaVolunteers, renamed CalServe, as a state agency that is not established in the office of the Governor and would set forth its mission, duties, and responsibilities. The bill would require the director, deputy director, and staff of CalServe to serve at the pleasure of, and be appointed by, the Governor. The bill would continue in existence a Board of Commissioners under CaliforniaVolunteers, to be named the CalServe Commission, for purposes of meeting the requirements of the federal act and the act's implementing rules and regulations, as provided. The bill also would make conforming changes.
(1) Existing law prohibits a person from using or operating, or assisting in using or operating, a boat, aircraft, net, trap, line, or other appliance to take fish for commercial purposes unless the person holds a commercial fishing license issued by the Department of Fish and Wildlife. Existing law generally requires any person who engages in any business for profit involving fish to have a commercial fish business license issued by the department, and requires specialty licenses for specified classes of fish business. Existing law requires all fish taken or otherwise dealt with under the law to be exhibited upon demand to any person authorized by the department to enforce any law relating to the protection and conservation of fish. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime. This bill would require a person who holds a commercial fishing license or a commercial fish business license, upon request of an authorized agent or employee of the department, to immediately relinquish, at no charge, a fish or parts of a fish caught or landed in California to the department for the purpose of collecting a biological sample. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program. (2) Existing law authorizes crab traps to be set and baited 64 hours prior to the opening date of the Dungeness crab season in Fish and Game Districts 6, 7, 8, and 9. Existing law also authorizes crab traps to be set and baited in advance of that opening date in those districts if no other attempt is made to take or possess Dungeness crab in those districts. Existing law also provides, except in Fish and Game Districts 6, 7, 8, and 9, that crab traps may be set and baited 18 hours in advance of the opening date of the Dungeness crab season, if no other attempt is made to take or possess Dungeness crab. This bill would instead authorize crab traps to be set and baited 64 hours before the opening date of the Dungeness crab season regardless of the Fish and Game District. The bill would also make conforming changes. (3) Existing state law, the Sherman Food, Drug, and Cosmetic Law, makes it unlawful to manufacture, sell, deliver, hold, or offer for sale adulterated food. Existing law prescribes when a food is adulterated, including if it bears or contains any poisonous or deleterious substance that may render it injurious to the health of a person or other animal that may consume it. Existing law makes a violation of the Sherman Food, Drug, and Cosmetic Law or a regulation adopted pursuant to that law a misdemeanor. Existing law authorizes the Director of Fish and Wildlife to order the closure of any waters or otherwise restrict the taking in state waters of any species of fish if the Director of Environmental Health Hazard Assessment, in consultation with the State Public Health Officer, determines that the species or subspecies of fish is likely to pose a human health risk from high levels of toxic substances. Existing law provides for the Director of Fish and Wildlife, upon receiving notification from the Director of Environmental Health Hazard Assessment that a human health risk no longer exists and a request to reopen those waters, to reopen those waters in a manner that promotes a fair and orderly fishery. A violation of the Fish and Game Code or a regulation adopted pursuant to the code is a crime. This bill would authorize the State Department of Public Health to adopt regulations to authorize the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab that is caught in waters where the department determined that the viscera of Dungeness crab exceeds allowable levels of domoic acid for Dungeness crab adopted by the department if the meat of Dungeness crab does not exceed allowable levels of domoic acid for Dungeness crab adopted by the department. The bill would require the State Department of Public Health to adopt these regulations consistent with specified requirements. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. The bill would require the State Department of Public Health to order the evisceration, as defined, of Dungeness crab if the domoic acid for Dungeness crab exceeds the allowable levels in certain areas when specified criteria exist. The bill would require the State Department of Public Health to only authorize the evisceration of Dungeness crab by a licensed processor, as defined, that also has a specified plan approved by the State Department of Public Health for handling and preparing eviscerated crab, and would also require the State Department of Public Health to establish labeling requirements for eviscerated crab, as specified, and to require the processor to maintain written recall procedures. The bill would require the State Department of Public Health to consult with a certain Dungeness crab task force or a replacement task force or committee to establish the criteria for the manufacture, sale, delivery, holding, or offering for sale of Dungeness crab caught in areas subject to an evisceration order by the State Department of Public Health. The bill would require the State Department of Public Health to publish notice of the proposed criteria, as specified, and make the criteria effective by operation of law as regulations 90 days after the notice is published. The bill would require the Department of Fish and Wildlife to adopt regulations that govern the commercial take of Dungeness crab during a time period when the State Department of Public Health authorizes the manufacture, sale, delivery, holding, or offering for sale of eviscerated Dungeness crab pursuant to the above-described provisions. The bill would require these regulations to require the holder of a Dungeness crab vessel permit to submit to electronic monitoring of the vessel while engaged in the take of Dungeness crab, as specified. The bill would authorize a person who takes Dungeness crab to sell or provide the Dungeness crab only to a processor approved by the State Department of Public Health, as specified. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program. (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. (5) This bill would declare that it is to take effect immediately as an urgency statute.
Existing law generally regulates classes of insurance, including residential fire and property insurance. Existing law defines the measure of indemnity for a loss under a property insurance policy. Existing law requires a person who controls a building or structure in, upon, or adjoining a specified wildfire-prone area to, among other things, maintain 100 feet of defensible space around the structure. This bill would create the Wildfire Resilience Task Force, which would include the Insurance Commissioner, the Director of the Office of Emergency Services, and the State Fire Marshal, or their designees. The bill would require the task force to establish minimum standards for fire-hardened homes and communities, and would authorize the commissioner to promulgate regulations to implement specified exceptions to those standards. The bill would require an admitted insurer that offers or sells residential property insurance to, at a minimum, offer or sell the existing residential property insurance coverage it most commonly offers or sells to an applicant or insured who owns a residence that has an estimated replacement cost consistent with the insurer's underwriting guidelines, meets the minimum standards established by the task force, and exists in a development that was established before those standards were established, including a residence rebuilt after being destroyed by wildfire.
Existing law makes it unlawful to produce, process, sell, offer to sell, or possess olive oil that indicates on its label "California Olive Oil," or uses similar words, to suggest that California is the source of the oil, unless 100% of that oil is derived from olives grown in California. This bill would make it unlawful and subject to imprisonment, fine, or both, as specified, to make any false representation in a brand name, label, advertising matter, packaging material, letterhead, invoice, tag, sign, business card, or other oral, written, or printed matter that an olive oil is produced entirely from olives grown within California, including using the terms "California olive oil," "California olives," or substantially similar representations. This bill would apply a similar prohibition on representations that an olive oil was produced from olives from a specific region of California unless at least 85% of the olive oil, by weight, was produced from olives grown in that specific region. This bill would authorize the Department of Food and Agriculture to seize olive oil labeled in violation of these prohibitions and to dispose of the olive oil. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.
The California Beverage Container Recycling and Litter Reduction Act, which is administered by the Department of Resources Recycling and Recovery, is established to promote beverage container recycling and provides for the payment, collection, and distribution of certain payments and fees based on minimum refund values established for beverage containers. The act creates within the department a recycling financial analysis and policy development unit to develop, analyze, consolidate, and evaluate economic and policy proposals to carry out the objectives of the act. This bill would require the unit to assess the effects of limitations imposed on international markets for the export of beverage containers and the impacts of those limitations on beverage container recycling in the state.