The Child Care and Development Services Act, administered by the State Department of Education, provides that children up to 13 years of age are eligible, with certain requirements, for child care and development services. Existing law requires the Superintendent of Public Instruction to administer all migrant child care and development programs. Existing law provides for child care alternative payment programs, the purpose of which is to provide for maximum parental choice in child care. Existing law requires reimbursement for alternative payment programs to include the cost of child care paid to child care providers, plus administrative and support services costs. Under existing law, the total cost for administrative and support services is not permitted to exceed 17.5% of the total contract amount. This bill would provide that an alternative payment program that operates an individual contract in an amount of less than $3,000,000, or a migrant alternative payment program that operates an individual contract in any dollar amount, shall receive a base support reimbursement that does not exceed 22% of the total contract amount, for each individual contract.
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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 provisions. Qualified individuals under the Medi-Cal program include medically needy persons and medically needy family persons who meet the required eligibility criteria, including applicable income and share of cost requirements. Existing law prohibits medically needy persons or medically needy family persons from receiving health care services during any month in which their share of cost has not been met. Existing law, for purposes of determining the share of cost for those medically needy persons or medically needy family persons, requires the department to establish income levels for maintenance need at the lowest levels that reasonably permit a medically needy individual to meet his or her basic needs for food, clothing, and shelter, and for which federal financial participation will still be provided under applicable federal law. In calculating the income of a medically needy individual who is in a medical institution or nursing facility, or a person receiving institutional or noninstitutional services from a Program of All-Inclusive Care for the Elderly organization, the required monthly maintenance amount includes, among other things, an amount providing for the personal and incidental needs in an amount not less than $35 while a patient, and authorizes the department, by regulation, to increase this amount as necessitated by increasing costs of personal incidental needs. This amount is also referred to as the personal needs allowance. This bill would increase the personal needs allowance amount from $35 to $80 per month while a person is a patient as described above, and instead would require the department to annually increase this amount based on the percentage increase in the California Consumer Price Index. Because counties are required to make Medi-Cal eligibility determinations, and this bill would expand eligibility by increasing the personal needs allowance and would increase the responsibility of counties in determining Medi-Cal eligibility, 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.
The Williamson Act, also known as the California Land Conservation Act of 1965, authorizes a city or county to enter into contracts with owners of land devoted to agricultural use, whereby the owners agree to continue using the property for that purpose, and the city or county agrees to value the land accordingly for purposes of property taxation. Existing law sets forth procedures for reimbursing cities and counties for property tax revenues not received as a result of these contracts and continuously appropriates General Fund moneys for that purpose. Existing law requires the Secretary of the Natural Resources Agency to direct the Controller to make annual payments out of these moneys to an eligible city, county, or city and county for each acre of land that is within its regulatory jurisdiction and assessed under specified provisions of the Revenue and Taxation Code. The amount of payment is $5 per acre of prime agricultural land and $1 per acre of all other land devoted to open-space uses of statewide significance, as defined, or, in counties which have adopted farmland security zones, as provided, $8 per acre of land that is within, or within 3 miles of the sphere of influence of, each incorporated city. This bill would reduce the amount per acre paid to a city, county, or city and county under these provisions to $2.50 for prime agricultural land, $0.50 for all other land devoted to open-space uses of statewide significance, and, for counties that have adopted farmland security zones, $4 for land that is within, or within 3 miles of the sphere of influence of, each incorporated city. This bill, commencing July 1, 2017, would require the Secretary of the Natural Resources Agency to direct the Controller to pay an additional subvention of funds to a county, city, or city and county that meets specified criteria upon determination by the Strategic Growth Council that the county, city, or city and county has adopted measures to protect and conserve resource lands and farmland that further the implementation of the applicable regional sustainable communities strategy, as provided. The bill would provide that the amount of the additional subventions would be $2.50 for prime agricultural land, $0.50 for all other land devoted to open-space uses of statewide significance, and $4 for land enrolled in a farmland security zone that is within, or within 3 miles of the sphere of influence of, each incorporated city. Existing law, for the 2008–09 fiscal year and each fiscal year thereafter, requires the Controller to reduce the amount paid to a city, county, or city and county by 10%. This bill would delete that requirement. The bill would also require a county, city, or city and county, in order to be eligible to receive subvention payments from the Controller, to adopt procedures to accept new contract applications and to consider proposed rescission of contracts for parcels eligible for a solar-use easement pursuant to specified law. Existing law prohibits an increase or reduction in the amount paid to a city or county which was paid in the prior fiscal year, beginning with the 1977–78 fiscal year, as provided, in excess of an amount which is equal to the property tax derived from a levy at the rate of $0.03 per hundred dollars of assessed value for the fiscal year, except as affected by an increase or a reduction in the acreage assessed under specified provisions of the Revenue and Taxation Code. This bill would repeal this prohibition. By increasing the amount of continuously appropriated general fund moneys authorized to be used for subvention payments, this bill would make an appropriation.
Existing law requires the state to have the primary financial responsibility for preventing and suppressing fires in areas that the State Board of Forestry and Fire Protection has determined are state responsibility areas, as defined. Existing law requires that a fire prevention fee be charged on each habitable structure on a parcel that is within a state responsibility area, collected annually by the State Board of Equalization, in accordance with specified procedures, and specifies that the annual fee shall be due and payable 30 days from the date of assessment by the state board. Existing law authorizes a petition for redetermination of the fee to be filed within 30 days after service of a notice of determination, as specified. This bill would extend the time when the fire prevention fee is due and payable from 30 to 60 days from the date of assessment by the State Board of Equalization and would authorize the petition for redetermination to be filed within 60 days after service of the notice of determination, as specified. The bill would establish the Fire Prevention Fee Amnesty Program. The bill would require the State Board of Equalization to develop and administer the amnesty program for a person subject to the fees described above. The bill would require the program to be conducted for a 6-month time period, as provided, and would apply to fire prevention fee liabilities due and payable for the fee reporting periods beginning before March 1, 2018. The bill would require the program to apply to a person who meets specified requirements, including the filing of a completed amnesty application under penalty of perjury. By requiring the application to be completed under penalty of perjury, the bill would create a crime, and thus impose a state-mandated local program. The bill would require the state board to waive all penalties and interest for the specified fee reporting period for which the fire prevention fee amnesty is allowed for the nonpayment or underpayment of fee liabilities for a person who meets the above requirements. The bill would require the state board to adequately publicize the program so as to maximize public awareness of and participation in the 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 Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine existing and projected needs for housing for each region and requires each council of governments or, for cities and counties without a council of governments, the department to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county and is consistent with specified objectives. This bill would establish in each city, county, and city and county in the state an affordable housing zoning board and procedures by which a public agency or nonprofit organization proposing to build affordable housing units, as defined, or a developer proposing to build a housing project that meets specified affordability criteria, could submit to that board a single application for a comprehensive conditional use or other discretionary permit. The bill would require the board to conduct a public hearing, as provided, and issue a decision approving, approving with conditions, or denying the application and to issue a comprehensive permit if the application is approved or approved with conditions. The bill would require the board to consider the general plan and zoning ordinances of the affected local agency, the share of the regional housing needs of the affected local agency, whether the applicant has made specified certifications relating to the payment of prevailing wages and employment of a skilled and trained workforce, as provided, on the affordable housing units or housing project development, documents or other evidence presented at the hearing, and the recommendations of experts or consultants, if any, retained by the board. The bill would provide that the comprehensive permit would have the same force and effect as a conditional use or other discretionary permit issued by an affected local agency, but would prohibit the board from abrogating a provision of the general plan or zoning ordinances of the affected local agency except to grant a density bonus, as provided. The bill would make findings that encouraging and streamlining the development of affordable housing throughout the state is a matter of vital statewide concern and declare that its provisions would apply to all cities and counties, including charter cities. By imposing new duties on local agencies with respect to the issuance of comprehensive permits for affordable housing developments, 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.
(1) The California Finance Lenders Law provides for the licensure and regulation of finance lenders and brokers by the Commissioner of Business Oversight and makes a willful violation of its provisions a crime. Existing law regulates the charges a licensee may impose or receive on loans it makes. This bill would expand the application of that law to include lead generators. The bill would prohibit a person from engaging in business as a lead generator, defined to include any person who, for compensation or in expectation of compensation, helps facilitate a loan by introducing a prospective borrower and prospective lender in connection with certain loan activities, without first registering with the commissioner. The bill would require the commissioner to establish timelines and fees for lead generator registration and renewals, and would mandate that specified minimum information be required for applicants seeking registration, including the name, business address, and licensing details of the lead generator and his or her employees who are responsible for that lead generator's activities, and a list of activities the lead generator would perform. The bill would authorize the commissioner, upon providing reasonable notice and an opportunity to be heard, to deny an application for registration as a lead generator for specified reasons, including if a false statement has been made by the applicant. The bill would permit the commissioner to order the suspension or revocation of a lead generator's registration upon failure to pay a required fee or assessment by the specified due date. The bill also would prohibit a lead generator, during any period when its registration is revoked or suspended, from conducting any business unless permitted by the commissioner. The bill would authorize a licensee to compensate a registered lead generator for that lead generator's activities, subject to various requirements, including entering into a written agreement clearly describing the services to be performed, and complying with the applicable statutory provisions governing those transactions. The bill also would require each licensee that uses the services of a lead generator to develop and implement policies and procedures to, among other things, exercise oversight over the business practices of the lead generator. The bill would make a licensee that pays a lead generator for services in connection with a loan offered subject to discipline by the commissioner in connection with any misrepresentation made or deceptive act or practice engaged in by that lead generator. The bill would further require lead generators to develop and implement policies and procedures to respond to questions raised by borrowers and prospective borrowers and to provide specified disclosure information about the nature of the lead generator's business as a registrant with the Department of Business Oversight. (2) Existing law prohibits a person from making a materially false or misleading statement or representation about the terms or conditions of a borrower's loan, when making or brokering that loan. This bill additionally would prohibit a person from making a materially false or misleading statement or representation to a prospective borrower about the terms or conditions of a loan for which the prospective borrower may qualify, when engaging in lead generation activities subject to the act. The bill also would make related and conforming changes, including authorizing the commissioner to take various enforcement actions upon finding that a lead generator has violated the act. By expanding the definition of a crime, the bill would impose a state-mandated local program. Existing law requires finance lenders, brokers, and mortgage loan originator licensees to preserve their books, accounts, and records for at least 3 years after making the final entry on any loan recorded in those documents. This bill also would require finance lenders that utilize the services of a lead generator to maintain their records of dealings with that lead generation for at least 3 years and would require lead generators to maintain records related to lead generation activities on behalf of lenders for at least 3 years following the creation of those documents. The bill would specify that these records requirements do not require the maintenance or storage of personal identification for any borrower, except that each lead generator that does not maintain or store personal information must have a method by which the identity of individual borrowers can be reconstructed, if requested by the commissioner. The bill also would make it a violation of the act to compensate a lead generator in connection with any service provided by that lead generator, where the lead generator has made a materially false or misleading statement or engaged in other unlawful, deceptive, misleading, or unfair acts or practices, as specified. The bill would include related findings of the Legislature regarding its intent regarding the regulation of lead generators. 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 Personal Income Tax Law imposes taxes based upon taxable income at specified rates. This bill would, for taxable years beginning on or after January 1, 2019, impose an additional tax of 1% on income that exceeds $1,000,000, as provided. The bill would deposit the revenues derived from this tax into the Higher Education Assistance Fund, a continuously appropriated fund established by this bill, for the purposes of funding student financial assistance for tuition and fees required of specified students enrolled at the University of California, the California State University, and the California Community Colleges. This bill would become operative only if ACA 13 of the 2017–18 Regular Session is approved by the voters and becomes operative.
Existing law, the Cannella Environmental Farming Act of 1995, requires the Department of Food and Agriculture, in consultation with the Scientific Advisory Panel on Environmental Farming, to establish and oversee a Healthy Soils Program to seek to optimize climate benefits while supporting the economic viability of California agriculture by providing incentives, including loans, grants, research, and technical assistance, or educational materials and outreach, to farmers whose management practices contribute to healthy soils and result in net long-term on-farm greenhouse gas benefits. In this connection, the department has also established the State Water Efficiency and Enhancement Program to provide financial assistance in the form of grants to implement irrigation systems that reduce greenhouse gases and save water on agricultural operations. Existing law, the Sustainable Groundwater Management Act, provides for the sustainable management of groundwater basins by requiring local government agencies, including basins designated as high- or medium-priority basins by the Department of Water Resources, to take specified actions to conserve and regulate the extraction of groundwater in those groundwater basins. This bill would require the Department of Food and Agriculture, upon appropriation of moneys by the Legislature for this purpose, to administer the State Water Efficiency and Enhancement Program to provide financial assistance in the form of grants to implement irrigation management systems that reduce greenhouse gas emissions, save water, and reduce energy use in agricultural operations in the state, offer technical assistance to program applicants, and perform outreach to groundwater basins designated as high- or medium-priority basins, as prescribed. The bill would require the department to consult with the State Air Resources Board to quantify the reduction of greenhouse gas emissions of projects proposed to be funded under the program. The bill would further require the department to annually report to the Legislature on the accomplishments and activities of the program.
Existing law establishes the Department of Fish and Wildlife and sets forth the powers and duties of the department with regard to the implementation and administration of, among other things, projects and programs to protect wildlife and wildlife habitat in the state. This bill would require the department, on or before December 31, 2019, to adopt regulations to minimize the risk of Phytophthora pathogens in plant materials used for habitat restoration projects authorized, funded, or required by the state.
The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. Existing law requires any bill authorizing a new income tax credit to contain, among other things, specific goals, purposes, and objectives that the tax credit will achieve, detailed performance indicators, and data collection requirements, as provided. This bill, for taxable years beginning on or after January 1, 2018, and before January 1, 2022, would allow as a credit against those taxes an amount equal to 40% of costs paid or incurred by a qualified taxpayer to maintain winter-flooded rice. The bill would require the qualified taxpayer to submit, among other things, evidence of costs paid or incurred to the Department of Food and Agriculture for certification and for the Department of Food and Agriculture to provide a copy of each credit certificate to the taxpayer and, upon request, to the Franchise Tax Board. The bill would also include the additional information required for any bill authorizing a new income tax credit. This bill would take effect immediately as a tax levy.