Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities, as defined, are under the direction of their governing boards. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes the commission to establish rules for all public utilities, subject to control by the Legislature. This bill would require the commission, or the governing board of a local publicly owned electric utility, as applicable, to ensure that customers within its jurisdiction who have customer-sited renewable energy or energy storage systems are not subject to discriminatory fees or charges levied as a result of installing or using those customer-sited renewable energy or energy storage systems, as specified. 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 enforce its requirements and a violation of that commission action implementing its requirements would be a crime, this bill would impose a state-mandated local program. Because the bill imposes requirements on the boards of local publicly owned electric utilities, which are entities of local government, 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 specified reasons.
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Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator, as defined. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department's jurisdiction, who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State Hospitals if the secretary determines that the person may be a sexually violent predator. Existing law establishes a screening process for the department and the Board of Parole Hearings to determine whether a person has committed a sexually violent offense, and to determine if the person is likely to be a sexually violent predator prior to referral to the State Department of State Hospitals for a full evaluation. Existing law requires, if the State Department of State Hospitals determines that the person is a sexually violent predator, as defined, the Director of State Hospitals to forward a request to a specified county for a petition to be filed for the person to be committed to a facility for mental health treatment. Existing law requires a judge of the superior court to review the petition and to determine whether there is probable cause to believe that the individual is likely to engage in sexually violent predatory criminal behavior upon release. This bill would authorize, at the probable cause hearing, the existence of evidence of any prior conviction of another sexual offense or offenses and the details underlying the commission of another sexual offense that led to a prior conviction to be shown by documentary evidence.
(1) Existing law requires the Department of Justice to examine its records in order to determine whether the purchaser of a firearm is prohibited by state or federal law from possessing a firearm. If the department determines that the purchaser is prohibited from possessing a firearm, existing law requires the department to notify the firearms dealer and either the chief of police or the sheriff in the county in which the sale was made. This bill would, commencing January 1, 2022, require the Department of Justice to notify the relevant local law enforcement agency of each application to purchase a firearm, request to register the acquisition or ownership of a firearm, request to obtain a serial number for a firearm, request to register an assault weapon or .50 BMG rifle, and request for specified weapons permits. Commencing January 1, 2025, the bill would also require the department to notify the relevant local law enforcement agency of each request to purchase a firearm precursor part. (2) Existing law makes it a crime for certain persons to possess a firearm, including, among other persons, persons convicted of a felony, persons who are addicted to the use of a narcotic drug, persons convicted of specified violent offenses, persons who have been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, and persons who have been admitted to a facility, are receiving inpatient treatment, and, in the opinion of the attending health professional who is primarily responsible for the patient's treatment, are a danger to themselves or others. This bill would require the Department of Justice, if the department determines that a person prohibited from possessing a firearm by the provisions described above has attempted to acquire a firearm, to notify the local law enforcement agency with primary jurisdiction over the area in which the person was last known to reside. If the person is prohibited from owning or possessing a firearm because of a mental illness, as defined, the bill would require the department to also notify the county department of mental health in the county in which the person was last known to reside. (3) Existing law, as added by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by a licensed ammunition vendor. Existing law generally requires ammunition to be sold only to people who meet specified criteria, including to a person whose firearms ownership information matches an entry in the Automated Firearms System and who is eligible to possess ammunition. This bill would require the Department of Justice to notify the relevant local law enforcement agency if a person who is prohibited from possessing ammunition attempts to purchase ammunition.
Existing law requires the Department of Forestry and Fire Protection to establish a local assistance grant program for fire prevention activities in California. Existing law defines "fire prevention activities" for these purposes to mean those lawful activities that reduce the risk of wildfire in California, as provided. This bill would make a nonsubstantive change to the definition of "fire prevention activities."
Existing law creates the California Exposition and State Fair a separate independent entity in state government, governed by a board of directors. Existing law vests the board with full responsibility for the year-round management and operation of all facilities of the California Exposition and State Fair. Existing law requires the board to serve as the policymaking body for the California Exposition and State Fair and to provide for an annual fair in Sacramento County designated as the California State Fair. This bill would make nonsubstantive changes to these provisions.
Existing law requires the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law provides that the purpose of this law relating to the classification of lands is so that public officials are able to identify measures that will delay the rate of spread, and reduce the potential intensity, of uncontrolled fires that threaten to destroy resources, life, or property, and to require that those measures be taken. This bill would make a nonsubstantive change to this latter provision relating to the purpose of the law.
Existing law establishes the State Department of Public Health and sets forth its powers and duties, including, but not limited to, jurisdiction over health promotion and preventive health services for older adults, as defined. Existing law requires the department to maintain a program to promote the availability of medical health care for the aging. This bill would make technical, nonsubstantive changes to those provisions.
Existing law, as established in the case of Dynamex Operations W. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for those purposes. Existing law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. This test is commonly known as the "ABC" test, as described above. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of Dynamex and the provisions described above, including various professional services provided by a freelance writer, editor, photographer, photojournalist, or newspaper cartoonist who does not provide content submissions to the putative employer more than 35 times per year. This bill would revise that exemption to instead exempt all freelance journalists, including photographers, photojournalists, and videographers, without regard to the number of content submissions per year, from the application of Dynamex and the above provisions.
Existing law, as established in the case of Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) , creates a presumption that a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits arising under wage orders issued by the Industrial Welfare Commission. Existing law requires a 3-part test, commonly known as the "ABC" test, to determine if workers are employees or independent contractors for those purposes. Existing law establishes that, for purposes of the Labor Code, the Unemployment Insurance Code, and the wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration is considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation, or business. This test is commonly known as the ABC test, as described above. Existing law charges the Labor Commissioner with the enforcement of labor laws, including worker classification. Existing law exempts specified occupations and business relationships from the application of Dynamex and the provisions described above. This bill would prohibit franchisees from being deemed employees of a franchisor, and would require that they be considered independent contractors, unless a court of competent jurisdiction determines specified requirements are met.