(1) Under existing law, every air pollution control district or air quality management district governing board, except as specified, is required to establish by regulation a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants are required to be banked prior to use to offset future increases in emissions, as provided. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA exempts certain specified projects from its requirements. This bill would require the executive officer of the South Coast Air Quality Management District, upon making a specified finding, to transfer emission reduction credits for certain pollutants from the south coast district's internal emission credit accounts to eligible electrical generating facilities, as described. By imposing these duties on the South Coast Air Quality Management District, the bill would impose a state-mandated local program. The bill would exempt from CEQA certain actions of the district undertaken pursuant to the bill. These provisions would be repealed on January 1, 2012. The bill would require the State Air Resources Board, in consultation with specified agencies, to prepare and submit to the Governor and the Legislature a report that evaluates the electrical system reliability needs of the South Coast Air Basin and recommends the most effective and efficient means of meeting those needs while ensuring compliance with state and federal law. (2) This bill would state the findings and declarations of the Legislature concerning the need for special legislation. (3) 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.
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(1) Existing property tax law requires the assessor to disclose certain appraisal information to specified state and local agencies. This bill would expand the list of state and local agencies the assessor is required to disclose certain appraisal information to include the county recorder when conducting an investigation to determine whether a documentary transfer tax is imposed. (2) Existing law requires a corporation, partnership, limited liability company, or other legal entity to file a change in ownership statement within 45 days from the date of the change in control or the change in ownership, or within 45 days from the date of a written request by the State Board of Equalization. Existing law requires a penalty to be imposed if the person or legal entity required to file a change in ownership statement fails to do so within 45 days from the date of a written request by the State Board of Equalization. Existing law requires this penalty to be automatically extinguished if the change in ownership statement is filed no later than 60 days after the date on which the person or legal entity is notified of the penalty. Existing law also authorizes the State Board of Equalization to recommend to the county board of supervisors that this penalty be abated, if the person or legal entity establishes to the satisfaction of the State Board of Equalization that the failure to file the change in ownership statement within 45 days was due to reasonable cause and not due to willful neglect and the person or legal entity has filed the change in ownership statement and an application for abatement of the penalty with the State Board of Equalization, as provided. This bill would, instead, require a penalty to be imposed if the person or legal entity required to file a change in ownership statement fails to do so within 45 days from the earlier of the date of the change in control or the change in ownership, or the date of a written request by the State Board of Equalization. This bill would also eliminate the requirement to extinguish this penalty and would, instead, authorize the county board of supervisors to order that this penalty be abated, if the person or legal entity establishes to the satisfaction of the county board of supervisors that the failure to file the change in ownership statement within 45 days was due to reasonable cause and not due to willful neglect and the person or legal entity has filed the change in ownership statement with the State Board of Equalization and an application for abatement of the penalty with the county board of supervisors, as provided. (3) The Documentary Transfer Act authorizes the board of supervisors of a county or city and county to impose a tax upon specified instruments that transfer specified interests in real property. This bill would authorize any ordinance adopted by the board of supervisors of a county or city and county for purposes of imposing a documentary transfer tax to include an administrative appeal process for resolution of disputes relating to the imposition of the tax. This bill would prohibit the value of the property established for purposes of determining the amount of documentary transfer tax due from being binding on the determination of the value of that property for property tax purposes. (4) By changing the manner in which county officials process property tax penalties, 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.
Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements for the discharge of stormwater in accordance with the federal national pollutant discharge elimination system (NPDES) permit program pursuant to the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. Various programs finance regional water management planning. This bill would authorize a county, city, or special district that is a permittee or copermittee under an NPDES permit for a municipal separate storm sewer system to develop a watershed improvement plan that addresses major sources of pollutants in receiving water, stormwater, urban runoff, or other surface runoff pollution within the watershed or subwatershed to which the plan applies. The regional boards would be authorized to participate in the preparation of the watershed improvement plan. The regional boards would be required to review, and authorized to approve, a watershed improvement plan if they find that the proposed plan will facilitate compliance with water quality requirements. The entities that develop the plan that is submitted to a regional board for approval would be required to reimburse the regional board for its costs in accordance with a fee schedule adopted by the state board. The bill would authorize a county, city, or special district, or combination thereof, to impose fees on activities that generate or contribute to runoff, stormwater, or surface runoff pollution to pay the costs of the preparation of a watershed improvement plan or the implementation of a plan that is approved by a regional board if certain requirements are met. The bill would authorize a county, city, or special district, or combination thereof, to plan, design, implement, construct, operate, and maintain controls and facilities to improve water quality.
(1) Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law authorizes the office to assess an application fee for the review of facilities design and construction, and requires that full and complete plans be submitted to the office for review and approval. Existing law requires that, after January 1, 2008, any general acute care hospital building that is determined to be a potential risk of collapse or pose significant loss of life be used only for nonacute care hospital purposes, except that the office may grant a 5-year extension under prescribed circumstances. Existing law also allows the office to grant an additional 2-year extension to the January 2008 deadline in specified circumstances. This bill would also permit a hospital to receive the additional 2 year deadline extension if alternative prescribed conditions are met. (2) Under existing law, if an extension is granted, the hospital owner is required to submit periodic reports on compliance. Under existing law, an owner of a general acute care hospital that is classified as a nonconforming Structural Performance Category-1 (SPC-1) building, who has requested an extension of the January 1, 2008, deadline, is required to submit a report with prescribed information no later than June 30, 2011. This bill would, instead, require that the report be submitted by all owners of a general acute care hospital that is classified as a nonconforming SPC-1 building. This bill would make the report due to the office no later than November 1, 2010, and would require annual updates thereafter, as specified. This bill would also prescribe additional information to be included on the report for each building that is planned for retrofit or replacement and for a building or buildings to be removed from acute care service. This bill would require the office to make prescribed information from the reports available on its Internet Web site within 90 days of receipt of the information. This bill would impose on hospitals that have not complied with the reporting requirements a fine of $10 per licensed acute care bed per day, but in no case to exceed $1,000 per day for each SPC-1 building that is not in compliance. This bill would require the penalty to be deposited into the Hospital Building Fund which is a continuous appropriations fund in the State Treasury, as prescribed. (3) Existing law requires the office to submit prescribed information, including earthquake performance categories, to the California Building Standards Commission. This bill would authorize the office to utilize current computer modeling based upon software developed by the Federal Emergency Management Agency, referred to as Hazards US, for the purpose of determining the structural performance category of general acute care hospital buildings, and would authorize the office to promulgate regulations to implement this provision. The bill would require that specified regulatory submissions made by the office to the California Building Standards Commission be deemed emergency regulations and be adopted as emergency regulations. This bill would repeal these provisions on January 1, 2013, as prescribed (4) This bill would incorporate additional changes in Section 130060 of the Health and Safety Code proposed by AB 523, that would become operative only if AB 523 and this bill are both chaptered and become effective on or before January 1, 2010, and this bill is chaptered last.
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments and authorizes the association that manages the development to levy assessments to fulfill its obligations. The act establishes limits on the percentage by which an association may increase regular and special assessments based on the amounts of those assessments in the preceding fiscal year. This bill would prohibit an association from levying assessments on separate interests within the common interest development based on the taxable value of the separate interests unless the association, on or before December 31, 2009, in accordance with its declaration, levied assessments on those separate interests based on their taxable value, as determined by the tax assessor of the county in which the separate interests are located. The bill would provide an exception for an association that is responsible for paying taxes on the separate interests within the development.
The Leroy F. Greene School Facilities Act of 1998 requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. The act requires the board to determine maximum total new construction grant eligibility of an applicant under a specified calculation that includes certain per-unhoused-pupil grant amounts, and authorizes the board to adjust the per-unhoused-pupil grant amounts by regulation for qualifying individuals with exceptional needs. This bill would require an increase made to the per-unhoused-pupil grant amounts also to be made to the per-unhoused-pupil who is a qualifying individual with exceptional needs grant amounts. If an increase to the per-unhoused-pupil grant amounts differentiates among the pupil groups based on whether the pupils are elementary, middle, or high school pupils, the bill would require the Office of Public School Construction to recommend to the board a methodology to adjust those amounts for pupils who are qualifying individuals with exceptional needs so that they reflect these increases.
The California Tire Recycling Act imposes a California tire fee on a new tire purchased in the state. The revenue generated from the fee is used, upon appropriation by the Legislature, for the purposes of programs related to waste tires. The act requires the California Integrated Waste Management Board to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for waste tire programs that include, among other things, specified border region activities, conducted in coordination with the California Environmental Protection Agency, related to waste tires in the California-Mexico border region. This bill would, additionally, require the 5-year plan to include, as a border activity, the development of projects in Mexico in the California-Mexico border region, including education, infrastructure, mitigation, cleanup, prevention, reuse, and recycling projects, that address the movement of used tires from California to Mexico that are eventually disposed of in California. The bill would authorize the board, upon appropriation by the Legislature, to use the revenues generated from the California tire fee to fund border activities.
(1) Existing law governs the removal of a child who has suffered or is at risk of suffering abuse or neglect from the home of the child's parent or guardian and the placement of that child in foster care. These provisions require the juvenile court to, among other things, conduct noticed detention, periodic status review, and dispositional hearings regarding the child, and direct the court to order, review, and receive into evidence social studies or evaluations regarding the child, including recommendations for placement. Under certain circumstances, the juvenile court may terminate parental rights and place the child for adoption or in long-term foster care, among other options for permanent placement. These provisions require county social workers to conduct the social studies or evaluations and to prepare reports and make recommendations to the court regarding temporary and long-term placement of the child, as specified. Existing federal law, the Indian Child Welfare Act, and state law govern the placement of children who are or who may be Indian children, as specified This bill would revise those provisions to require the juvenile court and social workers to consider and recommend tribal customary adoption, as defined, as an additional permanent placement option, without termination of parental rights, for a dependent child. The bill would provide that a tribal customary adoption order would have the same force and effect as an order of adoption. By imposing new duties on social workers, the bill would impose a state-mandated local program. (2) Existing law governs independent and agency adoptions. This bill would specifically exempt tribal customary adoptions from those provisions. (3) The bill would require the Judicial Council to adopt rules of court and necessary forms to implement tribal customary adoption as a permanent plan for Indian children before July 1, 2010. The bill would also require the Judicial Council to complete a study of these provisions and report its findings to the Legislature on or before January 1, 2013. (4) The amendments implementing tribal customary adoption would become operative on July 1, 2010, and would be repealed on January 1, 2014. (5) This bill would permit the Department of Social Services to adopt emergency regulations to implement and administer the provisions of this bill. (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, 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 these statutory provisions.
Existing law establishes the Medically Underserved Account for Physicians within the Health Professions Education Fund that is managed by the Health Professions Education Foundation and the Office of Statewide Health Planning and Development. Under existing law, the primary purpose of the account is to fund the Steven M. Thompson Physician Corps Loan Repayment Program, which provides for the repayment of educational loans, as specified, obtained by a physician and surgeon who practices in a medically underserved area of the state, as defined. Existing law also authorizes using the account to provide funding for the Physician Volunteer Program. Under existing law, funds placed in the account for those purposes are continuously appropriated for the repayment of loans and may be used for any other authorized purpose. Existing law requires that applicants for the loan repayment program be licensed by the Medical Board of California. Existing law imposes a $25 licensure fee on physicians and surgeons for purposes of the loan repayment program. Existing law provides for the licensure and regulation of osteopathic physicians and surgeons by the Osteopathic Medical Board of California and imposes various fees on those licensees. This bill would make osteopathic physicians and surgeons eligible for the loan repayment program and would require the Osteopathic Medical Board of California to assess an additional $25 licensure fee for that purpose. The bill would direct the deposit of those fees into the Medically Underserved Account for Physicians for purposes of the loan repayment program. The bill would specify that the $25 fee paid by physicians and surgeons and osteopathic physicians and surgeons shall not be used to provide funding for the Physician Volunteer Program. By increasing the amount of revenue in a continuously appropriated fund, the bill would make an appropriation.
Existing law creates the California Border Environmental and Public Health Protection Fund. The money in that fund is available, upon appropriation, to the Secretary for Environmental Protection to assist local governments in implementation of projects to identify and resolve environmental and public health problems that directly threaten the health or environmental quality of California residents or sensitive natural resources of the California border region, to provide technical assistance, to provide funds for equipment and labor costs associated with emergency abatement of environmental and public health problems imposed on residents of California due to cross-border impacts of pollutants originating from Baja California, and to provide analytical and scientific equipment and services needed by border area public agencies to identify and monitor the sources of environmental and public health threats posed by the cross-border transmission of environmental pollutants and toxics. This bill would, contingent upon the execution of an agreement with the City of Calexico for the purpose of providing the necessary funding, require the California-Mexico Border Relations Council to develop a strategic plan containing specific elements to guide the implementation of the New River Improvement Project. The bill would authorize the council to appoint, convene, and oversee a technical advisory committee that would advise the council regarding the necessary studies and activities to carry out the project. The bill would create the New River Improvement Project Account in the fund and moneys in the account, upon appropriation by the Legislature, would be expended for activities related to the New River.