Existing law establishes within the Natural Resources Agency, the State Lands Commission consisting of the Controller, the Lieutenant Governor, and the Director of Finance. Existing law vests in the commission exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the state, and of the beds of navigable rivers, streams, lakes, bays, estuaries, inlets, and straits, including tidelands and submerged lands. Existing law authorizes the commission to take immediate action to remove from areas under its jurisdiction a vessel that is left unattended and is moored, docked, beached, or made fast to land in a position as to obstruct the normal movement of traffic or in a condition as to create a hazard to navigation, other vessels using a waterway, or the property of another. Existing law requires the commission, by July 1, 2019, and in consultation with other relevant state and local agencies directly involved in the removal of abandoned vessels, to develop a plan for the removal of abandoned commercial vessels. This bill would establish the California Abandoned and Derelict Commercial Vessel Program within the Natural Resources Agency, to be administered by the commission, upon appropriation by the Legislature, to bring federal, state, and local agencies together to identify, prioritize, and fund the removal and proper disposal of abandoned and derelict commercial vessels and other debris from commercially navigable waters, as defined. The bill would require the commission, upon appropriation by the Legislature, on or before July 1, 2024, to create, and regularly update and maintain thereafter, an inventory of abandoned and derelict commercial vessels on or in commercially navigable waters, as provided, and, on or before July 1, 2025, to develop a plan to prevent or reduce abandoned and derelict commercial vessels on or in commercially navigable waters, as provided. This bill would establish the California Abandoned and Derelict Commercial Vessel Program Task Force as an advisory body within the Natural Resources Agency, consisting of specified members. The bill would require the task force, in consultation with impacted local governments, to, among other things, provide policy guidance for the program and advise on the prevention, removal, destruction, and disposal of abandoned and derelict commercial vessels, as provided. The bill would require the task force to develop a system for prioritizing the removal of the abandoned and derelict commercial vessels identified by the commission, as provided. This bill would require the commission, on or before December 1, 2023, to enter into a memorandum of agreement with specified state agencies, and other relevant federal, state, or local agencies, as provided, for the purposes of abandoned and derelict commercial vessel and other debris cleanup and removal from commercially navigable waters. The bill would require, upon execution of the memorandum of agreement and the availability of funds, the commission to immediately authorize and execute the removal of abandoned and derelict commercial vessels and other debris, as specified. This bill would establish the California Abandoned and Derelict Commercial Vessel Program Trust Fund in the State Treasury and would require that, upon appropriation by the Legislature, moneys in the fund be used by the commission to fund the removal of abandoned and derelict commercial vessels and other debris pursuant to the program, as provided. This bill would prohibit, except as specified, a commercial vessel, as defined, that is at risk of becoming derelict from occupying, or anchoring, mooring, or otherwise being secured in or on, the waters of the state. The bill would provide that a commercial vessel is at risk of becoming derelict if certain conditions exist, including that the commercial vessel is taking on or has taken on water without an effective means to dewater. The bill would authorize a peace officer, as defined, to find that a commercial vessel is at risk of becoming derelict if these conditions exist. The bill would subject a person who violates this prohibition to a civil penalty of not less than $1,000 and not more than $5,000 per day of violation, and would prescribe other requirements related to a civil action, including the assessment of a civil penalty and the recovery of other specified costs, brought for a violation of this prohibition. The bill would also authorize a peace officer to seize or order the removal of a commercial vessel that is at risk of becoming derelict, as provided. The bill would require 75% of civil penalties and other costs collected be deposited into the California Abandoned and Derelict Commercial Vessel Program Trust Fund and, upon appropriation by the Legislature, 25% distributed to the Attorney General, district attorney, or city attorney prosecuting the action, as specified.
Sponsored bills
Existing law establishes the California Victim Compensation Board within the Government Operations Agency and authorizes the board to grant certain compensation, paid from the Restitution Fund, a continuously appropriated fund, for pecuniary loss when the board determines it will best aid the person seeking compensation. Existing law authorizes reimbursement, subject to certain limits, for outpatient psychiatric, psychological, or other mental health counseling-related expenses incurred by the victim, or derivative victim, as a direct result of the crime, subject to specific conditions. These provisions include reimbursement for expenses for psychiatric, psychological, or other mental health counseling-related services, which may be reimbursed only if the services were provided by certain individuals, including an individual who is licensed in California to provide those services or who is properly supervised by a person who is licensed in California to provide those services, as prescribed. This bill would expand the application of that provision authorizing reimbursement for psychiatric, psychological, or other mental health counseling-related services by certain individuals to instead specify that those services may be reimbursed only if the services were provided by a person who is licensed in the state in which the victim lives to provide those services, or who is properly supervised by a person who is licensed in the state in which the victim lives to provide those services, as prescribed. By expanding the category of individuals who are eligible for reimbursement for expenditures from a continuously appropriated fund, this bill would make an appropriation.
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of persons with specified mental disorders for the protection of the persons committed. Under the act, when a person, as a result of a mental health disorder, is a danger to others, or to themselves, or gravely disabled, the person may, upon probable cause, be taken into custody and placed in a facility designated by the county and approved by the State Department of Health Care Services for up to 72 hours for evaluation and treatment. Under existing law, if a person is detained for 72 hours under those provisions, and has received an evaluation, the person may be certified for not more than 14 days of intensive treatment, as specified. Existing law further authorizes a person to be certified for an additional period of not more than 30 days of intensive treatment if the person remains gravely disabled and is unwilling or unable to accept treatment voluntarily. Existing law requires the person to be released at the end of the 30 days, except under specified circumstances, including, but not limited to, when the patient is subject to a conservatorship petition filed pursuant to specified provisions. Existing law requires an evaluation to be made when a gravely disabled person may need to be detained beyond the initial 14-day period, as to whether the person is likely to qualify for appointment of a conservator, and, if so, requires that referral to be made, as specified. This bill would authorize the professional person in charge of the facility providing intensive treatment to the person to file a petition in the superior court for the county in which the facility is located, seeking approval for up to an additional 30 days of intensive treatment. The bill would require the petition to be filed after 15 days of the first 30-day period, but at least 7 days before expiration of the 30 days. The bill would require reasonable attempts to be made by the facility to notify family members or any other person designated by the patient of the time and place of the judicial review, unless the patient requests that the information not be provided. The bill would require the facility treating the patient to advise the patient of the patient's right to request that the information not be provided. The bill would require the court to either deny the petition or order an evidentiary hearing to be held within 2 court days after the petition is filed. The bill would authorize the court to order the person to be held for up to an additional 30 days of intensive treatment if, at the evidentiary hearing, the court makes specified findings, based on the evidence presented, including a finding that the person, as a result of mental disorder or impairment by chronic alcoholism, is gravely disabled. The bill would require the person to be released no later than the expiration of the original 30-day period if the court does not make all of the required findings. The bill also would make conforming changes to the evaluation requirements for determining whether the patient is likely to qualify for appointment of a conservator.
Existing law establishes various state and local programs for the provision of behavioral health and housing assistance services within the jurisdiction of the State Department of Health Care Services, the State Department of Public Health, the State Department of Social Services, the Department of Housing and Community Development, the California Behavioral Health Planning Council, the California Housing Finance Agency, and county public health or behavioral health departments, among other entities. Existing law authorizes the State Department of Health Care Services, subject to an appropriation and until January 1, 2027, to establish an infrastructure program to award competitive grants to, among other things, expand the community continuum of behavioral health treatment resources to build new capacity or expand existing capacity, as specified. Existing law also requires the department to maintain a behavioral health services and supports virtual platform for children and youth 25 years of age and younger, as specified. This bill would declare that it is the public policy of the state that the State Department of Health Care Services when revising, adopting, or establishing policies, regulations, or grant program criteria relating to access to behavioral health-related treatment, housing that heals, or other services or supports, are required to ensure that any individual with a severe behavioral health disorder who, as a result, lacks supportive housing and behavioral health services and is otherwise not living safely in the community receives an individualized, clinically appropriate range of behavioral health-related treatment, housing that heals, as defined, and other services or supports. The bill would specify that these provisions do not expand any obligation of the state or other entities to provide access to services or supports beyond requiring the department to consider the state policy, as specified.
Existing law, the Children and Youth Behavioral Health Initiative Act, requires the State Department of Health Care Services to procure and oversee a vendor to establish and maintain a behavioral health services and supports virtual platform that integrates behavioral health screenings, application-based supports, and direct behavioral health services to children and youth 25 years of age and younger, regardless of payer. Existing law authorizes the department to award competitive grants to expand the community continuum of behavioral health treatment resources. This bill would require the department, commencing January 1, 2024, and at least every 5 years thereafter, to conduct a review of, and produce a report regarding, the current and projected behavioral health care infrastructure and service needs in each region of the state. The bill would require the department to consult with the council of governments, cities, counties, and cities and counties regarding the assumptions and methodology to be used by the department, and would require local governments to provide specified data for the region. The bill would require the department to share this data and its report with the Mental Health Services Oversight and Accountability Commission. By adding to the duties of local governments, 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.
Existing law establishes a statutory cause of action for unfair competition, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. Existing law requires a person who engages or proposes to engage in unfair competition to be liable for a civil penalty of not more than $2,500, per violation, which is assessed and recovered in an action brought by certain public officials, including the Attorney General. This bill, the Military and Veteran Consumer Protection Act of 2022, would make a person who violates those provisions, if the violation is perpetrated against one or more service members or veterans, liable for an additional civil penalty not to exceed $2,500 for each violation, as specified. Existing law prohibits any individual other than the plaintiff and the defendant from taking part in the conduct or defense of a small claims action. Existing law makes various exceptions to this prohibition, including allowing a representative for a plaintiff who is serving on active duty in the United States Armed Forces outside the state, was assigned to their duty station after the claim arose, is on the assignment for more than 6 months, has a representative serving without compensation, and the representative has appeared in small claims actions on behalf of others no more than 4 times during the calendar year. This bill would expand that exception to authorize the plaintiff who is a service member, as defined, to appear via video appearance or have a representative if the service member is assigned to a location more than 100 miles from the court where the action is proceeding, or is otherwise unable to personally appear due to the performance of military duty, the representative is serving without compensation other than compensation from the United States or the State of California, and, except with regards to a representative employed by the United States or the State of California, the representative has appeared in small claims actions on behalf of others no more than 4 times in the calendar year. Existing law prohibits a person, in connection with the collection of any obligation from a member of the active militia or a member of the active or reserve components of the Armed Forces, from contacting the member's military unit or chain of command without the written consent of the member given after the obligation becomes due and payable. This bill would prohibit a person from, in connection with any transaction or any sale of goods or services, electronically accessing a Common Access Card (CAC) issued to a service member, placing or requiring the placement of such a CAC in a smart card reader, requesting or requesting entry of the personal identification number (PIN) associated with such a CAC, or requiring a service member to log in to any Department of Defense or, in the case of a member of the Coast Guard, Department of Homeland Security computer system. The bill would prohibit a person from conditioning the receipt of a military or veteran discount on the waiver by the person of any right under state or federal law. The bill would make a waiver of any right provided by specified laws to service members, former service members, or their dependents void. The bill would make a violation of these provisions a misdemeanor. By expanding the scope of a crime, this bill would impose a state-mandated local program. Existing law authorizes a service member to terminate a lease of a motor vehicle if the service member executes the lease while in a period of military service and then receives military orders for a change of permanent station from a location in the continental United States to a location outside the continental United States, or from a location in a state outside the continental United States to any location outside that state, or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 180 days. This bill would instead authorize the termination of that lease if the service member executes the lease while in a period of military service and then receives military orders for a change of permanent station to a location that is more than 100 miles from the prior duty station, or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days. Existing federal law, the Military Lending Act, prohibits a creditor from imposing an annual percentage rate of interest greater than 36% with respect to a consumer credit card extended to specified service members or their dependents. The Military Lending Act also prohibits creditors from extending consumer credit to specified service members or their dependents with specified terms. This bill would make any security interest in personal property other than a motor vehicle, off-highway vehicle, trailer, or aircraft void if it would cause a loan procured by specified service members in the course of purchasing the personal property to be exempt from the Military Lending Act. The bill would make any security interest in a motor vehicle void if it would cause a loan procured by specified service members in the course of purchasing the motor vehicle to be exempt from the Military Lending Act and the loan also funds the purchase of a credit insurance product or credit-related ancillary product. Existing law authorizes a service member, at any time during their most current period of military service or within 6 months afterwards, to petition a court for relief in respect of any obligation or liability incurred by the service member before the effective date of their orders for military service, as specified. Existing law authorizes a court to allow the service member to defer payments on those obligations or liabilities, as specified. Existing law makes these deferred obligations due upon the sale of the property or other event specified in the documents creating the obligation permitting the lender to accelerate the loan, upon further encumbrance of the property, other than for preservation or protection of the property, or upon the maturity of the obligation, as specified. This bill would instead make these deferred obligations due upon the sale of the property or other event specified in the documents creating the obligation permitting the lender to accelerate the loan or upon further encumbrance of the property, other than for preservation or protection of the property, that would cause the obligation to become due and payable under the terms of the contract or other instrument evidencing the obligation. Existing law authorizes a member of the United States Military Reserve or the National Guard who is called to active duty, as specified, to defer payments on specified obligations, including an obligation secured by a mortgage or deed of trust, while serving on active duty. Existing law requires a lender who defers payments on a closed-end credit obligation or an open-end credit obligation with a maturity date to extend the term of the obligation by the amount of months the obligation was deferred. Existing law makes any mortgage payment delayed pursuant to these provisions payable upon the sale of the property or other event specified in the documents creating the obligation permitting the lender to accelerate the loan, upon further encumbrance of the property, or upon the maturity of the obligation, as specified. This bill would instead make any mortgage payments deferred pursuant to these provisions due and payable upon the sale of the property or other event specified in the documents creating the obligation permitting the lender to accelerate the loan, 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 no reimbursement is required by this act for a specified reason.
Existing law authorizes a tenant to provide a landlord with 180-day written notice, as specified, that the tenant, household member, or immediate family member, as defined, was a victim of an act of domestic violence, sexual assault, stalking, human trafficking, abuse of an elder or a dependent adult, or of other specified crimes, and that the tenant intends to terminate the tenancy. Existing law limits the amount of rent for which the tenant is responsible to not more than 14 calendar days after the notice is given and requires the tenant to be released from responsibility for making other rent payments under the lease, as specified. This bill would make a landlord or agent liable to the tenant for actual damages and, except as specified, statutory damages of not less than $100 and not more than $5,000 in a civil action for violation of these provisions. Existing law prohibits a landlord from terminating or failing to renew a tenancy based upon an act or acts against a tenant or a tenant's household member that constitute domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse if certain standards are met. Existing law requires the act to be documented in one of several ways, including by a court order, police report, or tenant statement and qualified third party statement, as specified, and existing law requires that the person against whom the order was issued, or who was named in the police report or tenant statement and qualified third party statement, not be a tenant of the same dwelling unit as the tenant or household member. Existing law allows a landlord to terminate or decline to renew a tenancy if the tenant allows the person against whom the court order was issued or who was named in the police report or tenant statement and qualified third party statement to visit the property or if the landlord reasonably believes that the presence of the person poses a physical threat to other tenants, guests, invitees, or licensees, or to a tenant's right to quiet possession, and the landlord previously gave at least 3 days' notice to the tenant to correct the violation, as specified. This bill would recast these provisions to prohibit a landlord, except as specified, from terminating or failing to renew a tenancy based on an act of abuse or violence, as defined, against a tenant, a tenant's immediate family member, as defined, or a tenant's household member, as specified. The bill would make a landlord's violation of those provisions an affirmative defense to a cause of action for unlawful detainer that is based upon an act of abuse or violence against a tenant, a tenant's immediate family member, or a tenant's household member, as specified. The bill would make conforming changes to the required notice form and would require the Judicial Council to update its form, as specified.
The California Health Facilities Financing Authority Act authorizes the California Health Facilities Financing Authority (authority) to, among other things, make loans from the continuously appropriated California Health Facilities Financing Authority Fund to participating health institutions, as defined, for financing or refinancing the acquisition, construction, or remodeling of health facilities. Under existing law, the board of supervisors of each county may maintain in the county hospital or in any other hospital situated within or without the county, or in any other psychiatric health facility situated within or without the county, suitable facilities and nonhospital or hospital services for the detention, supervision, care, and treatment of persons who have a mental health disorder or a developmental disability, or who are alleged to be such. Existing law defines "county psychiatric hospital" as a hospital, ward, or facility provided by the county pursuant to certain provisions. This bill would establish the California Acute Care Psychiatric Hospital Loan Fund and would continuously appropriate moneys in that fund to the authority to provide loans to qualifying county or city and county applicants for the purpose of building or renovating acute care psychiatric hospitals, psychiatric health facilities, or psychiatric units in general acute care hospitals, as defined. The bill would require the authority to develop an application for county or city and county applicants by January 1, 2024. The bill would require initial preliminary applications for projects to be submitted to the authority by April 1, 2024, and would require the authority to approve the project based on specified criteria. The bill would provide for the return of any funds not encumbered by a loan recipient within a specified period and would require a loan recipient to maintain and operate the facility for the life of the loan. The bill would authorize the authority to charge a fee to cover the cost of administering the loan. The bill would also require the authority to provide a report to the Department of Finance and the budget and health committees of the Assembly and Senate by a specified date that would include, among other things, the number of projects that are receiving loans and their geographic distribution. By creating a continuously appropriated fund, the bill would make an appropriation.
Existing law, the Reproductive Privacy Act, prohibits the state from denying or interfering with a person's right to choose or obtain an abortion prior to viability of the fetus, or when the abortion is necessary to protect the life or health of the person. The act defines "abortion" as a medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth. Existing law establishes the Abortion Practical Support Fund, administered by the Department of Health Care Access and Information, for the purpose of providing grants to increase patient access to abortion. This bill would require the California Health and Human Services Agency, or an entity designated by the agency, to establish an internet website where the public can find information on abortion services in the state. The bill would require the Department of Health Care Access and Information to annually evaluate the grant program funded by the Abortion Practical Support Fund and report its findings to the Legislature. The bill would also make related findings and declarations, and would specify that it is to be construed to effectuate its legislative intent to support access to abortion in California and build upon California's commitment to be a reproductive freedom state.
Existing law, the Nursing Practice Act, provides for the licensure and regulation of registered nurses, including nurse practitioners and certified nurse-midwives, by the Board of Registered Nursing. Existing law makes a violation of this act a crime. In order to perform an abortion by aspiration techniques under the act, a person with a license or certificate to practice as a nurse practitioner or a certified nurse-midwife is required to complete board-recognized training and adhere to standardized procedures that specify, among other conditions, the extent of supervision by a physician and surgeon with relevant training and expertise. This bill would revise those provisions by requiring, in order to perform abortion by aspiration techniques, a person with a license or certificate to practice as a nurse practitioner practicing pursuant to a standardized procedure, to practice as a certified nurse-midwife, or to practice as a qualified nurse practitioner functioning pursuant to certain advanced practice provisions to achieve clinical competency by successfully completing requisite training, as specified, in performing these procedures, as provided by certain board-approved programs, courses, and trainings. This bill would authorize a nurse practitioner who has completed training required by these provisions and who is functioning pursuant to certain advanced practice provisions to perform an abortion by aspiration techniques without supervision by a physician and surgeon. The bill would require a nurse practitioner to practice abortion by aspiration techniques consistent with applicable standards of care and within the scope of their clinical and professional education and training. By expanding the application of a crime, the bill would impose a state-mandated local program. Existing law provides that it is unprofessional conduct for a nurse practitioner or certified nurse-midwife to perform an abortion by aspiration techniques without prior completion of training and validation of clinical competency. This bill would instead make a violation of the above-described provisions by a nurse practitioner or certified midwife unprofessional conduct. This bill would also prohibit certain persons authorized to perform abortion by aspiration techniques from being punished, held liable for damages in a civil action, or denied any right or privilege for any action relating to the evaluation of clinical competency of a nurse practitioner or certified nurse-midwife, 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 no reimbursement is required by this act for a specified reason.