(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law authorizes the commission to impose a surcharge to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. Existing law specifies the amount of surcharge revenues to be deposited into each account within the CASF, subject to appropriation by the Legislature. This bill would authorize the commission to impose the surcharge to fund the CASF until December 31, 2032, as specified. Existing law requires the commission, until April 1, 2023, to annually report specified information to the Legislature, including the remaining unserved areas in the state, the status of the CASF balance, and the projected amount to be collected in each year. This bill would require the commission to report that information in perpetuity. This bill would authorize the commission to require each internet service provider, as defined, to report specified information regarding each free, low-cost, income-qualified, or affordable internet service plan advertised by the provider. (2) Existing law requires the commission to require interconnected Voice over Internet Protocol service providers to collect and remit surcharges on their California intrastate revenues in support of specified public purpose program funds. Existing law authorizes those providers to use certain methodologies to identify their intrastate revenues subject to the surcharge. This bill would repeal that authorization to use those methodologies. (3) Existing law establishes the deaf and disabled telecommunications program and requires the commission to establish a rate recovery mechanism through a surcharge not to exceed 12 of 1% uniformly applied to a subscriber's intrastate telephone service, other than one-way radio paging service and universal telephone service, until January 1, 2025, to allow providers of equipment and service pursuant to that program to recover their costs as they are incurred. This bill would revise those requirements to instead require the commission to administer a surcharge to collect revenues of up to $100,000,000 per year until January 1, 2025, subject to annual appropriation of moneys by the Legislature, to allow providers of equipment and service pursuant to the deaf and disabled telecommunications program to recover their costs as they are incurred. (4) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain of the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, 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 a specified reason. (5) This bill would become effective only if SB 4 of the 2021–22 Regular Session is enacted and takes effect on or before January 1, 2022. (6) This bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
(1) Existing law defines rape as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator under certain circumstances, including where the victim is incapable of giving legal consent because of a mental disorder or developmental or physical disability, where the victim is not aware of the essential characteristics of the act due to the perpetrator's fraudulent representation that the act serves a professional purpose, and where the victim submits to the act under the belief that the perpetrator is someone known to the victim other than the perpetrator, and the perpetrator intentionally and fraudulently induces that belief. Existing law separately defines rape of a spouse as an act of sexual intercourse accomplished with the spouse of the perpetrator under similar circumstances as nonspousal rape, except that spousal rape does not include acts of sexual intercourse accomplished under the specific circumstances described above. This bill would repeal the provisions relating to spousal rape and make conforming changes, thereby making an act of sexual intercourse accomplished with a spouse punishable as rape if the act otherwise meets the definition of rape, except that sexual intercourse with a person who is incapable of giving legal consent because of mental disorder or developmental or physical disability would not be rape if the 2 people are married. By changing the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law authorizes an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication for specified offenses for a person who applies for a license, employment, or volunteer position, in which the person would have supervisory or disciplinary power over a minor and requires the employer to notify the parent or guardian of a child if a person with specified convictions will have supervisory or disciplinary power over that child. Existing law exempts certain convictions, including spousal rape, from that notification requirement. This bill would remove the exemption for spousal rape or any other felony conviction and would instead exempt only misdemeanor convictions from that notification. The bill would make numerous conforming changes. (3) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 939 to be operative only if this bill and AB 939 are enacted and this bill is enacted last. (4) This bill would incorporate additional changes to Section 3044 of the Family Code proposed by SB 320 and AB 1579 to be operative only if this bill and SB 320, AB 1579, or both, are enacted and this bill is enacted last. (5) This bill would incorporate additional changes to Section 13956 of the Government Code proposed by SB 299 to be operative only if this bill and SB 299 are enacted and this bill is enacted last. (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 a specified reason.
Existing law contains provisions governing the operation and financing of community mental health services in every county through locally administered and locally controlled community mental health programs. 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 continuously appropriated Mental Health Services Fund to fund various county mental health programs and establishes the Mental Health Services Oversight and Accountability Commission to oversee the administration of various parts of the act. This bill would require the commission to report to specified legislative committees the outcomes for people receiving community mental health services under a full service partnership model, as specified, including any barriers to receiving the data and recommendations to strengthen California's use of full service partnerships to reduce incarceration, hospitalization, and homelessness.
Existing law, the Pharmacy Law, establishes the California State Board of Pharmacy in the Department of Consumer Affairs. Existing law authorizes a county to establish a voluntary drug repository and distribution program for the purpose of distributing surplus medications through a surplus medication collection and distribution intermediary that is licensed by the board. Existing law authorizes the board to charge a fee in the amount of $300 to issue or renew a license to operate as a surplus medication collection and distribution intermediary. Existing law makes a violation of the Pharmacy Law a crime. This bill would establish, until January 1, 2027, a program for the collection and distribution of eligible unused cancer medications, to be known as the Cancer Medication Recycling Act. The bill would require each participating practitioner, as defined, in the collection and distribution of those medications to be registered with a surplus medication collection and distribution intermediary, as specified, and would require a surplus medication collection and distribution intermediary to create a registry for up to 50 participating practitioners, including developing both a donor and a recipient form containing specified information. The bill would authorize a surplus medication collection and distribution intermediary to charge a fee, not to exceed $300, as specified, to issue or renew the registration certificate of a participating practitioner under the program. The bill would require participating practitioners to meet specified requirements, including establishing criteria for determining medication distribution to patients. This bill would exempt a participating practitioner from licensure as a wholesaler and would require the practitioner to keep and maintain for 3 years records created by the participating practitioner for purposes of the program. The bill would also exempt a donor and other specified persons and entities from criminal or civil liability for an injury caused when participating in the program, including, but not limited to, donating, accepting, or dispensing medication in compliance with the requirements of the act, unless the person or entity acted with gross negligence, recklessness, intentional conduct, or in cases of malpractice unrelated to the quality of the medication. The bill would also exempt a participating practitioner that receives a donated medication and redistributes it from a specified penalty resulting from the condition of the donated medication, except as specified. The bill would authorize the board to prohibit a participating practitioner from participating in the program if the participating practitioner does not comply with the requirements of the bill. Because a violation of the requirements of the bill contained in the Pharmacy Law would be a crime, 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 a specified reason.
(1) Existing law declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products and that, for consumers to have accurate and useful information about the environmental impact of plastic products, environmental marketing claims should adhere to uniform and recognized standards. This bill would further declare that it is the public policy of the state that claims related to the recyclability of a product or packaging be truthful and that consumers deserve accurate and useful information related to how to properly handle the end of life of a product or packaging. This bill would require the Department of Resources Recycling and Recovery, on or before January 1, 2024, in order to provide information to the public to evaluate whether a product or packaging is recyclable in the state and is of a material type and form that routinely become feedstock used in the production of new products and packaging, to update specified regulations to require disposal facility operators, among other operations and facilities, to provide information to the department regarding how material collected or processed by the operations and facilities was collected and what material types and forms are actively recovered, and not considered contaminants, by the operation or facility. The bill would require the department to conduct, publish on its internet website, and update as provided, a characterization study of material types and forms that are collected, sorted, sold, or transferred by solid waste facilities identified by the department for inclusion in the study. The bill would provide that, except as specified, a product or packaging is considered recyclable in the state if, based on the information published by the department, the product or packaging is of a material type and form collected for recycling by recycling programs for jurisdictions that collectively encompass at least 60% of the population of the state, among other statewide recyclability criteria. (2) Under existing law, it is unlawful for any person to make any untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. A violation of this requirement is a misdemeanor. This bill would prohibit a person from offering for sale, selling, distributing, or importing into the state any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made. The bill would provide that, except as specified, a product or packaging that displays a chasing arrows symbol, among other symbols, statements, or directions, is deemed to be a deceptive or misleading claim unless the product or packaging is considered recyclable pursuant to statewide recyclability criteria and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, as provided. The bill would therefore expand the scope of an existing crime and impose a state-mandated local program. (3) Under existing law, a person who represents in advertising or on the label or container of a consumer good that the consumer good that it manufactures or distributes is not harmful to, or is beneficial to, the natural environment, through the use of environmental terms, is required to maintain in its records specified information and documentation supporting the validity of the representation, including, if applicable, whether the consumer good conforms with the uniform standards contained in the Federal Trade Commission Guidelines for Environmental Marketing Claims for the use of the term "recyclable," among other terms. A violation of this requirement is a misdemeanor. This bill would apply that recordkeeping requirement to a person who makes those representations through the use of a chasing arrows symbol, as defined, or by otherwise directing a consumer to recycle a consumer good. The bill would add to the required information and documentation for the use of the term "recyclable," the use of a chasing arrows symbol, or other representation that advises consumers to recycle a consumer good, whether the consumer good meets the criteria for statewide recyclability. The bill would provide that a direction to a consumer that accurately instructs the consumer to properly dispose of or otherwise properly handle a consumer good at the end of its useful life shall not be considered "otherwise directing a consumer to recycle a consumer good" if the consumer good is subject to one of several enumerated programs. The bill would provide that directing a consumer to compost or properly dispose of a consumer good through an organics recycling program is also not considered "otherwise directing a consumer to recycle a consumer good." A violation of these provisions would be a misdemeanor. The bill would therefore create a new crime and impose a state-mandated local program. (4) Existing law requires all rigid plastic bottles and rigid plastic containers sold in the state to be labeled with a code that indicates the resin used to produce the bottles or containers, with specified numbers and letters placed in relation to a triangle. This bill would prohibit the resin identification code from being placed inside a chasing arrows symbol, unless the rigid plastic bottle or rigid plastic container meets the requirements for statewide recyclability. (5) 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, the End of Life Option Act, until January 1, 2026, authorizes an adult who meets certain qualifications, and who has been determined by their attending physician to be suffering from a terminal disease, as defined, to make a request for an aid-in-dying drug for the purpose of ending their life. Existing law establishes the procedures for making these requests, including that 2 oral requests be made a minimum of 15 days apart, specified forms to request an aid-in-dying drug be submitted, under specified circumstances, and a final attestation be completed. Existing law requires specified information to be documented in the individual's medical record, including, among other things, all oral and written requests for an aid-in-dying drug. This bill would allow for an individual to qualify for aid-in-dying medication by making 2 oral requests a minimum of 48 hours apart. The bill would eliminate the requirement that an individual who is prescribed and ingests aid-in-dying medication make a final attestation. The bill would require that the date of all oral and written requests be documented in an individual's medical record and would require that upon a transfer of care, that record be provided to the qualified individual. The bill would extend the operation of the act until January 1, 2031, thereby imposing a state-mandated local program by extending the operation of crimes for specified violations of the act. Existing law makes participation in activities authorized pursuant to the act voluntary, and makes individual health care providers immune from liability for refusing to engage in activities authorized pursuant to its provisions, including providing information about the act or referring an individual to a provider who prescribes aid-in-dying medication. This bill would require a health care provider who is unable or unwilling to participate under the act to inform the individual seeking an aid-in-dying medication that they do not participate, document the date of the individual's request and the provider's notice of their objection, and transfer their relevant medical record upon request. Existing law authorizes a health care provider to prohibit its employees, independent contractors, or other persons or entities, including other health care providers, from participating under the act, including acting as a consulting physician, while on the premises owned or under the management or direct control of that prohibiting health care provider, or while acting within the course and scope of any employment by, or contract with, the prohibiting health care provider. This bill would instead authorize a health care entity to prohibit employees and contractors, as specified, from participating under the act while on the entity's premises or in the course of their employment. The bill would prohibit a health care provider or health care entity from engaging in false, misleading, or deceptive practices relating to their willingness to qualify an individual or provide a prescription for an aid-in-dying medication to a qualified individual. The bill would require a health care entity to post its current policy regarding medical aid in dying on its internet website. 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 makes it unlawful to produce, process, sell, offer to sell, or possess olive oil that indicates on its label "California Olive Oil," or uses similar words to indicate that California is the source of the oil, unless 100% of that oil is derived from olives grown in California. Existing law also requires that olive oil produced, processed, sold, offered for sale, given away, or possessed in California, that indicates on its label that it is from a specific region of California, be made of oil at least 85% of which, by weight, is derived from olives grown in that region. Existing law makes a violation of the requirements relating to the manufacture and marketing of olive oil a misdemeanor. This bill would also require a container of olive oil produced, processed, sold, offered for sale, given away, or possessed in California that includes "California" in any form on its principal display panel and contains olive oil derived from olives grown outside California to disclose the minimum percentage of olive oil in the container derived from olives grown in California. The bill would prescribe specific language to make the disclosure and require that it be in a font size that is no less than the largest used in the word "California." Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program. Existing law, the California Marketing Act of 1937, authorizes the Department of Food and Agriculture to regulate the quality of commodities produced and handled in California by prohibiting the production and handling of commodities that fall below its minimum standards. Existing law makes a violation of a marketing order duly issued by the Secretary of Food and Agriculture pursuant to the act a misdemeanor. This bill would require any olive oil produced, processed, sold, offered for sale, given away, or possessed in California with a principal display panel that uses "California" to comply with the quality and purity standards published by the Department of Food and Agriculture, as specified. The bill would specify that this requirement is declaratory of existing law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura's Law, commencing January 1, 2022, 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 authorizes participating counties to pay for the services provided from moneys distributed to the counties from various continuously appropriated funds, including the Mental Health Services Fund, when included in a county plan, as specified. Existing law authorizes a court in a participating county to order a person who is suffering from mental illness and is the subject of a petition to obtain assisted outpatient treatment if the court makes various findings including, among others, there has been a clinical determination that the person is unlikely to survive safely in the community without supervision, the person's condition is substantially deteriorating, and, in view of the person's treatment history and current behavior, the person is in need of assisted outpatient treatment in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others. Existing law requires the petition to be accompanied by an affidavit of a licensed mental health treatment provider. Existing law authorizes the petition to be filed by the county behavioral health director, or the director's designee, in the superior court in the county in which the person who is the subject of the petition is present or reasonably believed to be present, in accordance with prescribed procedures. This bill would, among other things, instead require that the above-described findings include a clinical determination that the person is unlikely to survive safely in the community without supervision and that the person's condition is substantially deteriorating, or that assisted outpatient treatment is needed to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or to others. This bill would allow the subject of the petition or the examining mental health professional to appear before the court for testimony by videoconferencing, as specified. The bill would additionally authorize the filing of a petition to obtain assisted outpatient treatment under the existing petition procedures for a person if the court makes a prescribed determination, including that the person is an eligible conservatee, as defined.
Existing law establishes the California State University, administered by the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 campuses and 8 off-campus branches. This bill would create the Agricultural Biosecurity Fund, the moneys in which would be continuously appropriated to the California State University Agricultural Research Institute for purposes of supporting research on biosecurity related to agriculture, and establishing best practices to mitigate the introduction and effects of infectious agents upon the animal and plant agricultural system of California. The bill would require the California State University Agricultural Research Institute to administer a grant program, with research grants to be awarded, as specified, to campuses of the California State University associated with the California State University Agricultural Research Institute. The bill would authorize federal, state, local, and private sources to be received by the Agricultural Biosecurity Fund.
Existing law establishes procedures for the formation of infrastructure financing districts, enhanced infrastructure financing districts, infrastructure and revitalization financing districts, community revitalization and investment authorities, and public-private partnerships, as specified, to undertake various economic development projects, including financing public facilities and infrastructure, affordable housing, and economic revitalization. This bill, until January 1, 2028, would authorize establishment of a Green Empowerment Zone for the Northern Waterfront area of the County of Contra Costa. The bill would authorize the Green Empowerment Zone to be composed of specified cities, upon adoption of a resolution by the city or county, and would provide for the Green Empowerment Zone to be governed by a board of directors. The bill would task the Green Empowerment Zone with various duties, including, among other things, identification of projects and programs that will best utilize public dollars and improve the economic vitality of the Northern Waterfront area of the County of Contra Costa in a coordinated effort to support the development of the clean energy economy. The bill would require the Green Empowerment Zone to create and maintain an internet website that is managed and updated by an entity designated by the board of directors, produce a report each year that includes recommendations for action by the Legislature and the progress of the zone, and post the report on its internet website, as specified. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Contra Costa