Sen. Bob Archuleta

Existing law requires every city, county, and city and county to administratively approve an application to install electric vehicle charging stations through the issuance of a building permit or similar nondiscretionary permit and requires the review of an application to install an electric vehicle charging station to be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. Existing law prohibits a city, county, or city and county from denying an application for a use permit to install an electric vehicle charging station unless it makes written findings that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Existing law requires that any conditions imposed on an application to install an electric vehicle charging station be designed to mitigate the specific, adverse impact upon the public health or safety at the lowest cost possible. This bill, until January 1, 2030, would extend these provisions to apply to the installation of hydrogen-fueling stations located on a parcel that is either (1) zoned for industrial or commercial development and does not contain any residential units or (2) was previously developed with a service station, as defined. The bill would define "hydrogen-fueling station" to mean the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards and that is open to the public. The bill would require hydrogen-fueling stations to meet specified standards, including applicable safety and performance standards established by the Society of Automotive Engineers and accredited nationally recognized testing laboratories and any rules established by the State Air Resources Board, Energy Commission, and Department of Food and Agriculture regarding safety, reliability, weights, and measures, as specified. Existing law requires electric vehicle charging stations to meet specified safety and performance standards and, where applicable, the rules of the Public Utilities Commission regarding safety and reliability. This bill would additionally require an electric vehicle charging station to, where applicable, comply with the rules of the Department of Food and Agriculture regarding safety, reliability, weights, and measures. 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.

(1) The Electronic Waste Recycling Act of 2003 (act) requires a retailer selling a covered electronic device in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee, as specified. The act defines "covered electronic device" to mean a video display device containing a screen greater than 4 inches, measured diagonally, that is identified in the regulations adopted by the Department of Toxic Substances Control (DTSC) , subject to certain exclusions. The act requires all fees collected pursuant to the act to be deposited in the Electronic Waste Recovery and Recycling Account, and outlines certain other requirements related to the establishment, adjustment, and administration of the fee. Moneys in the account are continuously appropriated for specified purposes, including, but not limited to, paying covered electronic waste recycling fee refunds and making electronic waste recovery and recycling payments. Moneys in the account may be expended, upon appropriation by the Legislature in the annual Budget Act, for other specified purposes, including the administration of the act by the Department of Resources Recycling and Recovery (CalRecycle) and DTSC and to provide funding to DTSC to implement and enforce the hazardous waste control laws as they relate to covered electronic devices. Existing law incorporates the requirements and other provisions of the act by reference as requirements and provisions of the hazardous waste control laws. The act also expressly authorizes DTSC to enforce the act, and all regulations adopted pursuant to the act, through the hazardous waste control laws. A violation of the hazardous waste control laws is a crime. This bill would, among other things, expand the definition of "covered electronic device" to include a "covered battery-embedded product," as defined, thereby expanding the scope of the act to include covered battery-embedded products, as provided. The bill would require a consumer, on and after January 1, 2026, to pay a covered battery-embedded waste recycling fee in an amount established by CalRecycle upon the purchase of a new or refurbished covered battery-embedded product. The bill would authorize, beginning on August 1, 2028, CalRecycle, in collaboration with DTSC, to establish more than one covered electronic waste recycling fee for covered battery-embedded products based on categories of those products. The bill would also require, on or before October 1, 2025, and on or before October 1 each year thereafter, CalRecycle to establish a covered electronic waste recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The bill would require the charge to be imposed upon the purchase of a new or refurbished covered battery-embedded product. The bill would also require the charge to be adjusted annually based on the California Consumer Price Index. The bill would require CalRecycle, on or before August 1, 2027, and thereafter as specified, in collaboration with DTSC, to review, at a public hearing, the covered battery-embedded waste recycling fee applicable to covered battery-embedded products and to make any fair and reasonable adjustments to the charge to ensure that there are sufficient revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount to fund the covered electronic waste recycling program established pursuant to the act. The bill would create the Covered Electronic Waste Recycling Fee Subaccount and the Covered Battery-Embedded Waste Recycling Fee Subaccount as continuously appropriated funds in the Electronic Waste Recovery and Recycling Account. Because the funds deposited to the Covered Battery-Embedded Waste Recycling Fee Subaccount would be a new source of funds in the continuously appropriated subaccount within the continuously appropriated Electronic Waste Recovery and Recycling Account, the bill would make an appropriation. By expanding the scope of the act to make it applicable to covered battery-embedded products, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. The act imposes certain obligations on a manufacturer of a covered electronic device sold in the state, including, but not limited to, requiring a manufacturer to submit a report to CalRecycle, as provided, and to make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic device. The act defines "manufacturer" as either a person who manufacturers a covered electronic device sold in the state or a person who sells a covered electronic device in the state under that person's brand name. This bill would revise and expand the definition of "manufacturer" for purposes of the act and would therefore extend the aforementioned obligations to these persons. The act would require a manufacturer of a covered battery-embedded product to also submit a report to CalRecycle, as provided, and to make certain information available to consumers. The bill would provide that any information submitted to CalRecycle that is proprietary in nature or a trade secret shall be protected under state laws and regulations governing that information. The bill would require a manufacturer of a covered electronic device to maintain and keep accessible for a minimum of 3 years all records required to be kept or submitted pursuant to the act and, upon request, provide those records to CalRecycle. This bill would require all reports and records provided to CalRecycle pursuant to the act to be provided under penalty of perjury. By expanding the scope of persons subject to the act's requirements and by expanding the scope of the crime of perjury, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. The act prohibits a person from selling a new or refurbished covered electronic device to a consumer if CalRecycle or DTSC determines that the manufacturer of that covered electronic device is not in compliance with the act, as provided. The act prohibits a person from selling or offering for sale in this state a new or refurbished covered electronic device unless the device is labeled with the name of the manufacturer or the manufacturer's brand label, so that it is readily visible. This bill, by expanding the definition of "covered electronic device," would expand the sales prohibition for noncompliance to covered battery-embedded products. The bill would also prohibit a person, on or after January 1, 2026, from selling or offering for sale in the state a new or refurbished covered battery-embedded product unless the product is labeled with the name of the manufacturer or the manufacturer's brand label so that it is readily visible. The bill would also require a new or refurbished covered battery-embedded product to be labeled with information identifying the chemistry of the embedded product. By expanding the scope of the sales prohibitions to include covered battery-embedded products, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. The bill would also replace references to the State Board of Equalization with the California Department of Tax and Fee Administration, and make other nonsubstantive changes. (2) Existing law, as part of the hazardous waste control laws, requires the department to adopt regulations to identify electronic devices, as defined, that the department determines are presumed to be, when discarded, a hazardous waste. Existing law requires a manufacturer of an electronic device that is identified in those regulations to send to any retailer that sells that electronic device a notice that identifies the electronic device and informs the retailer that the electronic device is subject to the covered electronic waste recycling fee. The act requires a manufacturer of a covered electronic device to comply with these hazardous waste control law notification requirements. Existing law defines the term "manufacturer" for the purposes of these provisions in the same way as the act. This bill, for purposes of the aforementioned notification requirement, would specify that the requirement applies only to video display devices, as defined by the act, and would expressly exclude from the notification requirement a covered battery-embedded product, as defined by the act. The bill would expand the definition of "manufacturer" in the act and thereby would make those additional persons subject to the notice requirement. By expanding the scope of a crime under the hazardous waste control laws, the bill would impose a state-mandated local program. The bill would also replace references to the State Board of Equalization with the California Department of Tax and Fee Administration, and make other nonsubstantive changes. This bill would require instead that, as part of the act, a manufacturer of a covered battery-embedded product comply with similar notification requirements. (3) The California Integrated Waste Management Act of 1989 requires the county or regional agency integrated waste management plan that a county or regional agency is required to submit to the board to contain a household hazardous waste element. Existing law requires that when a county or regional agency revises the county or regional integrated waste management plan and its elements, the city household hazardous waste element and county household hazardous waste element is required to identify those actions the city, county, or regional agency is taking to promote the collection, consolidation, recovery, and recycling of covered electronic waste, as defined. This bill would, as a result of the aforementioned amendments to the Electronic Waste Recycling Act of 2003, expand the definition of covered electronic waste pursuant to the act to include a covered battery-embedded product, as defined by the Electronic Waste Recycling Act of 2003, thereby creating a state-mandated local program by imposing new duties upon local agencies. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (6) 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 specified reasons.

The Rechargeable Battery Recycling Act of 2006 requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. The Cell Phone Recycling Act of 2004 prohibits the sale of a cell phone in this state to a consumer unless the retailer of that cell phone has in place a take-back system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. This bill would make the Rechargeable Battery Recycling Act of 2006 inoperative as of September 30, 2026, and would repeal that act as of January 1, 2027, and would make the Cell Phone Recycling Act of 2004 inoperative as of September 30, 2027, and would repeal that act as of January 1, 2028. This bill would enact the Responsible Battery Recycling Act of 2022, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of covered batteries, as defined. The bill would require a program operator, as defined, to develop, and to submit to the Department of Resources Recycling and Recovery (department) and the Department of Toxic Substances Control for review and for approval by the department, as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries. The bill would require the department, in consultation with the Department of Toxic Substances Control, to adopt regulations to implement the act with an effective date of no earlier than April 1, 2025. The bill would require a program operator to have a complete stewardship plan approved by the department no later than 24 months after the effective date of the regulations adopted by the department in order for the program operator to be in compliance with the act. This bill would require a program operator to be audited annually, and submit a report and budget to the department, as prescribed, and would require a program operator, stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site to, among other things, provide the department and the Department of Toxic Substances Control with relevant records necessary to determine compliance with the act. The bill would require reports and records provided to the department to be provided under penalty of perjury, thereby creating a state-mandated local program by expanding the crime of perjury. The bill would restrict public access to certain information collected for the purpose of administering a stewardship program. The bill would preempt all rules, regulations, codes, ordinances, or other laws adopted by a city, county, city and county, municipality, or a local agency on or after January 1, 2023, regarding stewardship programs for covered batteries. This bill would require the department, within 24 months of the effective date of the regulations to implement these provisions, and each year thereafter, to post on its internet website a list of producers that are in compliance with the act, including the reported brands of covered batteries of each producer. The bill would require the department to remove from the list any producer, including its brands and covered batteries, that is not in compliance with the act. The bill would prohibit, on and after the date that a stewardship plan is approved by the department, a retailer or distributor from selling, distributing, offering for sale, or importing a covered battery in or into the state unless the producer of the covered battery is listed on that list as in compliance on the act, except as specified. The bill would require the department to relist on its internet website a producer, along with its brands and covered batteries, if the department subsequently determines that the producer is in compliance with the act. This bill would require a program operator to reimburse the department and the Department of Toxic Substances Control for their respective actual and reasonable regulatory costs that are directly related to implementing and enforcing the act in relation to the program operator's activities. The bill would require the department and the Department of Toxic Substances Control to deposit those moneys into the Covered Battery Recycling Fund, which the bill would establish, and would authorize the department and the Department of Toxic Substances Control to expend those moneys, upon appropriation by the Legislature, to implement and enforce the act. This bill would provide for enforcement of the act, including authorizing the department to impose an administrative civil penalty on a program operator, stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site in violation of the act not to exceed $10,000 per day, unless the violation is intentional, knowing, or reckless, then in that case not to exceed $50,000 per day. The bill would require the department to deposit those moneys into the Covered Battery Recycling Penalty Account, which the bill would establish in the fund, and would make those moneys available for expenditure upon appropriation by the Legislature. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.

(1) Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura's Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law, the Lanterman-Petris-Short Act, provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled. This bill, contingent upon the State Department of Health Care Services developing an allocation to provide financial assistance to counties, would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. The bill would require the Counties of Glenn, Orange, Riverside, San Diego, Stanislaus, and Tuolumne and the City and County of San Francisco to implement the program commencing October 1, 2023, and the remaining counties to commence no later than December 1, 2024. The bill would require the Judicial Council to develop a mandatory form for use in filing a CARE process petition and would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner's assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make the hearings in a CARE Act proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body. The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program. This bill would require the court to appoint counsel for the respondent, unless the respondent has retained their own counsel. The bill would require the Legal Services Trust Fund Commission at the State Bar to provide funding to qualified legal services projects to provide legal counsel in CARE Act proceedings, as specified. The bill would authorize the respondent to have a supporter, as defined. The bill would require the State Department of Health Care Services, in consultation with specified stakeholders, to provide optional training and technical resources for volunteer supporters on the CARE process, community services and supports, supported decisionmaking, and other topics, as prescribed. This bill would require the California Health and Human Services Agency, or a designated department within that agency, to engage an independent, research-based entity to advise on the development of data-driven process and outcome measures for the CARE Act and to convene a workgroup to provide coordination and support among relevant state and local partners and other stakeholders throughout the phases of county implementation of the CARE Act. The bill also would require the State Department of Health Care Services to provide training and technical assistance to county behavioral health agencies to implement the act and to provide training to counsel, as specified. The bill would require the Judicial Council, in consultation with the department and others, to provide training to judges regarding the CARE process, as specified. This bill would authorize the court, at any time during the CARE process, if it finds the county or other local government entity not complying with court orders, to report that finding to the presiding judge of the superior court or their designee. If the presiding judge or their designee finds, by clear and convincing evidence, that the local government has substantially failed to comply with the CARE process, the presiding judge may impose a fine of up to $1,000 per day and, if the court finds persistent noncompliance, to appoint a special master to secure court-ordered care for the respondent at the county's cost. The bill would establish the CARE Act Accountability Fund in the State Treasury to receive the fines collected under the Act, which would, upon appropriation, be allocated and distributed by the department to the local government entity that paid the fines to serve individuals who have schizophrenia spectrum or other psychotic disorders who are experiencing or are at risk of homelessness, criminal justice involvement, hospitalization, or conservatorship. This bill would require the department, in consultation with the Judicial Council, to develop an annual reporting schedule for the submission of CARE Act data from the trial courts and would require the Judicial Council to aggregate the data and submit it to the department. The bill would require the department, in consultation with various other entities, to develop an annual CARE Act report and would require county behavioral health agencies and other local governmental entities to provide the department with specified information for that report. The bill would require an independent, research-based entity retained by the department to develop an independent evaluation of the effectiveness of the CARE Act and would require the department to produce a preliminary and final report based on that evaluation. By increasing the duties of a local agency, this bill would impose a state-mandated local program. This bill would exempt a county or an employee or agent of a county from civil or criminal liability for any action by a respondent in the CARE process, except when an act or omission constitutes gross negligence, recklessness, or willful misconduct. Existing law, the Mental Health Services Act (MHSA) , an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF) , a continuously appropriated fund, to fund various county mental health programs, including children's mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs. This bill would clarify that MHSA funds may be used to provide services to individuals under a CARE agreement or a CARE plan. (2) 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. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plans and insurers to provide coverage for medically necessary treatment of mental health and substance use disorders. Violation of the Knox-Keene Act by a health care service plan is a crime. This bill would require health care service plans and insurers to cover the cost of developing an evaluation for CARE process services and the provision of all health care services for an enrollee or insured when required or recommended for the person pursuant to a CARE plan, as specified, without cost sharing, except for prescription drugs, and regardless of whether the services are provided by an in-network or out-of-network provider. Because a violation of this requirement by a health care service plan would be a crime, this bill would impose a state-mandated local program. (3) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant receives treatment, with the goal of returning the defendant to competency. Existing law suspends a criminal action pending restoration to competency. This bill, for a misdemeanor defendant who has been determined to be incompetent to stand trial, would authorize the court to refer the defendant to the CARE process. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) This bill would state that its provisions are severable. (6) This bill would incorporate additional changes to Section 1370.01 of the Penal Code proposed by SB 1223 to be operative only if this bill and SB 1223 are enacted and this bill is enacted last. (7) 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 a specified reason. 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 authorizes the State Fire Marshal, among other entities, to seize certain fireworks. Existing law requires the State Fire Marshal to dispose of dangerous fireworks after specified proceedings. Under existing law, if no proceedings are commenced, the State Fire Marshal may dispose of the fireworks after satisfying certain specified requirements. This bill would require the State Fire Marshal to manage rather than dispose of these fireworks, as provided, and would eliminate the requirements, including the conditions on disposal, imposed on the State Fire Marshal in the absence of proceedings. The bill would require the State Fire Marshal to ensure that any dangerous fireworks seized that are identified by the State Fire Marshal as hazardous waste are managed in accordance with California and federal hazardous waste laws and regulations. The bill would require the State Fire Marshal to ensure that this hazardous waste is shipped only by registered hazardous waste transporters and treated, stored, or disposed of only by authorized hazardous waste facilities. Existing law also requires the State Fire Marshal to acquire and use statewide mobile dangerous fireworks destruction units, as specified. This bill would eliminate the requirements regarding statewide mobile dangerous fireworks destruction units.

Existing law vests the Department of Transportation with full possession and control of all state highways. Existing law vests the board of supervisors of a county with general supervision, management, and control of county highways. Existing law grants the legislative body of a city certain powers with respect to city streets and roads. This bill would require, commencing January 1, 2025, a manufacturer who sells or provides for compensation, and, commencing January 1, 2026, an owner of, a trash receptacle or storage container that is longer than 3 feet and taller than 4 feet and that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to mark the receptacle or container with a reflector on each side, as specified. The bill would require an owner of a trash receptacle or storage container that is designed to be placed on a roadway or the curb of a roadway in order to be emptied or picked up to clearly label the trash receptacle or storage container with the owner's name and current telephone number. To the extent that an owner of a trash receptacle or storage container is a local public agency, by adding new duties to a local public agency with respect to marking or labeling the receptacle or container, the bill would impose a state-mandated local program. The bill would provide that a manufacturer or an owner who violates these provisions shall be guilty of an infraction punishable by a fine of a specified amount for each violation, except as provided. By creating a new infraction for a violation of these provisions, the bill would create a state-mandated local program. This bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 a specified reason. 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, the California Emergency Services Act, creates, within the office of the Governor, the Office of Emergency Services, which is responsible for addressing natural, technological, or manmade disasters and emergencies. Existing law generally provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation Board from the Restitution Fund. Existing law requires the board to consist of 3 members, as specified. This bill would add a 4th member who as a public member with expertise in restorative justice. The bill would also specify that a person cannot be prohibited from serving on the board solely because of that person's prior criminal record. Existing law defines terms for purpose of determining the eligibility of victims of crime for compensation from the Restitution Fund, which is continuously appropriated to the California Victim Compensation Board. This bill would define "victim services provider" for purposes of these provisions. Existing law requires an application for compensation to be filed with the board in a manner determined by the board, authorizes the board to require submission of additional information, and requires the board to communicate any determination made with respect to the adequacy of the information received from the applicant, as specified. Existing law also requires the board to verify information with various entities, including hospitals and law enforcement officials, as specified. Existing law also creates a process for the board's verification of information, including by requiring the applicant to cooperate with the board, as specified. This bill would prohibit the board from requiring submission of additional information solely to verify that a crime occurred, as specified. The bill would also change how the board must communicate with the applicant about the adequacy of the information received from the applicant. The bill would also authorize the board to verify information, but not require the board to do so, and would prohibit the board from seeking or requiring additional information solely to verify that the crime occurred if the board has already received a valid form of verification, as specified. The bill would remove the requirement that an applicant cooperate with the board, and changes the verification procedure in various ways, as specified. The bill would also require the board to accept certain information as evidence to verify that a crime occurred, as specified. Existing law specifies how an emergency award may be made to a person eligible for compensation from the board. This bill would establish a presumption of substantial hardship for emergency award requests for relocation or funeral and burial expenses, as specified. Existing law authorizes the board to deny an application based on the nature of the victim's or other applicant's involvement in the events leading up to the crime, as specified, and requires the board to deny an application for compensation if it finds that the victim or derivative victim failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. Existing law also prohibits a person who is convicted of a violent felony to receive compensation, as specified. This bill would delete those provisions. Existing law authorizes the board to compensate for pecuniary loss, including compensation equal to the loss of income or loss of support, or both, that a victim or derivative victim incurs as a direct result of the victim's or derivative victim's injury or the victim's death, as specified. Existing law also provides limits on the compensation a victim and derivative victim may receive, and authorizes the board to establish service limitations for reimbursement of medical and medical-related services and for mental health and counseling services. This bill would authorize the board, in authorizing compensation for loss of income and support, to base the loss of income on the actual loss the victim sustains or the wages that an employee would earn, as specified, during the period that the victim is unable to work or seek work as a result of the injury for adult victims, and upon the loss the victim actually sustains for victims who are under 18 years of age at the time of the crime, as specified. The bill would also specify that an adult derivative victim and a derivative victim who was legally dependent on the victim at the time of the crime are also similarly eligible for compensation for loss of income, as specified. The bill would specify that if a victim is a minor at the time of the crime, the victim is eligible for future loss of income, calculated as specified. This bill would specify that if an adult victim or derivative victim was not employed or receiving earned income benefits at the time of the crime, the victim or derivative victim, as applicable, shall be eligible for loss of income if they were fully or partially employed or receiving income benefits for a total of at least 2 weeks in the 12 months preceding the qualifying crime, or had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime, as specified. The bill would specify that if a derivative victim who is otherwise eligible for loss of support is eligible for loss of support if the deceased victim was not employed or receiving earned income benefits at the time of the crime, but the deceased victim was fully or partially employed or receiving earned income benefits for a total of at least 2 weeks in the 12 months preceding the qualifying crime, if the victim had an offer of employment at the time of the crime and was unable to begin employment as a result of the crime. This bill would require the board, by July 1, 2023, to adopt new guidelines to rely on a range of evidence in considering and approving claims for loss of income, as specified. The bill would also remove or raise various limits on the compensation a victim and derivative victim may receive, as specified, and would remove the board's authority to establish service limitations. By expanding the eligibility for, and by increasing or removing limits on, compensation from a continuously appropriated fund, this bill would make an appropriation. Existing law requires the board to approve or deny applications within an average of 90 calendar days and no later than 180 calendar days, as specified. This bill would require the board to approve or deny applications within an average of 30 days and no later than 60 calendar days, as specified. The bill would also require the board to communicate a determination made to approve or deny an application in specified ways. The bill would also require the board to adopt guidelines governing the information to include in these communications, as specified. Existing law allows a person who was erroneously convicted of a felony and imprisoned in the state prison or a county jail to present a claim to the board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration. Existing law requires a person making a claim pursuant to these provisions to prove the injury sustained by them through their erroneous conviction and incarceration. Existing law requires the board to find that the claimant has sustained injury through their erroneous conviction and imprisonment. This bill would remove the requirement that the claimant prove, and that the board find, that the claimant sustained an injury through their erroneous conviction. Existing law requires the board to publicize the existence of the victim compensation program, and requires a local law enforcement agency to inform crime victims of these provisions, as specified. This bill would require the board to provide every general acute care hospital in the state that operates an emergency determent with specified information, and require the hospital to display the information, as specified. The bill would also require every local law enforcement agency to inform crime victims of the existence of specified trauma recovery centers. By requiring local law enforcement agencies to provide additional information to crime victims, this bill would impose a state-mandated local program. Existing law, as added by Proposition 9, the Victims' Bill of Rights Act of 2008: Marsy's Law, at the November 4, 2008, statewide general election, requires a law enforcement agency investigating a criminal act and an agency prosecuting a criminal act to, at the time of initial contact with a crime victim, during followup investigation, or as soon thereafter as deemed appropriate, provide or make available to the victim a "Marsy Rights" card that contains the constitutional rights of crime victims without charge or cost to the victim. This bill would require every law enforcement agency investigating a criminal act and every agency prosecuting a criminal act to, at the time of initial contact with a crime victim, during follow-up investigation, or as soon thereafter as deemed appropriate by investigating officers or prosecuting attorneys, provide or make available to each victim of the criminal act without charge or cost a "Victim Protections and Resources" card and to provide other information, as specified. The bill would also require the Attorney General to design and make available in PDF or other imaging format to these agencies a "Victim Protections and Resources" card containing specified information. The bill would authorize the "Victim Protections and Resources" card to be designed as part of and included with the "Marsy Rights" card described above. By requiring these agencies to provide additional information to crime victims, this bill would impose a state-mandated local program. Existing law requires the board to provide a recommendation to the Legislature that an appropriation be made for the purpose of indemnifying the claimant for the erroneous conviction injury. Existing law requires that the amount of the appropriation recommended by the board be equivalent to $140 per day of incarceration served, as specified. This bill would require that the compensation recommendation for a claimant be equivalent to $70 per day served on parole or supervised release, as specified. The bill would allow recovery of reasonable attorney fees and costs, as specified, and would require that these amounts be updated annually to account for changes in the United States Bureau of Labor Statistics Consumer Price Index, West Region. This bill would allow a person who spent time on parole, or supervised release, as specified, prior to the effective date of the bill, or who had previously brought a claim prior to that date, to bring a petition or supplementary petition for compensation, as specified, within 3 years. By expanding the eligibility for compensation, and by increasing the amount a person may receive, from a continuously appropriated fund, this bill would make an appropriation. Existing law requires the Department of Corrections and Rehabilitation to provide notice to specified persons as soon as placement of an inmate in any reentry or work furlough program is planned, as specified. This bill would require the department to provide a notice containing specified information to a victim or victim's next of kin if requested, as specified. 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 Personal Income Tax Law authorizes various credits against the taxes imposed by that law, including a credit for qualified renters in the amount of $120 for spouses filing joint returns, heads of household, and surviving spouses if adjusted gross income is $50,000, as adjusted, or less, and in the amount of $60 for other individuals if adjusted gross income is $25,000, as adjusted, or less. This bill would require the Franchise Tax Board to prepare a written report by April 1, 2023, on the number of taxpayers claiming the credit, and the average credit amount on returns claiming the credit.

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. The Sales and Use Tax Law provides various exemptions from those taxes, including an exemption for the sale of, or the storage, use, or consumption of, tangible personal property sold by a thrift store located on a military installation and operated by a designated entity, as defined, that, in partnership with the United States Department of Defense, provides financial, educational, and other assistance to members of the Armed Forces of the United States, eligible family members, and survivors that are in need. Existing law provides that this exemption will remain in effect only until January 1, 2024. This bill would remove the exemption's expiration date. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would make findings and declarations in satisfaction of that requirement. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws, as specified. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding that provision, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to the provisions this bill would impose. This bill would take effect immediately as a tax levy.

Existing law, the Rechargeable Battery Recycling Act of 2006, requires that a retailer have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal with specified elements, including the take-back at no cost to the consumer of a used rechargeable battery, the type or brand of which the retailer sold or previously sold. The act requires the Department of Toxic Substances Control, by July 1 of each year, to survey, as specified, battery handling or battery recycling facilities, and to post on its internet website the estimated amount, by weight, of each type of rechargeable batteries returned for recycling during the prior year. This bill would require a battery handling or battery recycling facility to provide that data to the department in the form requested by the department and on or before the date requested by the department.