Sen. Susan Eggman

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to require all telephone corporations that are local exchange carriers to include information in their telephone directories and to annually provide information to all subscribers, in the form of a billing insert, concerning emergency situations that may affect the telephone network. This bill would make nonsubstantive revisions to these requirements.

Existing law proscribes the crime of human trafficking, as defined. A person who causes, induces, or persuades, or attempts to cause, induce, or persuade, a person who is a minor at the time of commission of the offense to engage in a commercial sex act, with the intent to effect or maintain a violation of any of specified sex offenses, is guilty of human trafficking. Existing law also proscribes the crime of prostitution. Existing law establishes the Board of State and Community Corrections to provide statewide leadership, coordination, and technical assistance to promote effective state and local efforts and partnerships in California's adult and juvenile criminal justice system. Existing law authorizes the County of Alameda to create a pilot project, contingent upon local funding, for the purposes of developing a comprehensive, replicative, multidisciplinary model to address the needs and effective treatment of commercially sexually exploited minors, as specified. Existing law establishes the Commercially Sexually Exploited Children Program, which is administered by the State Department of Social Services in order to adequately serve children who have been sexually exploited, and requires the department, in consultation with the County Welfare Directors Association of California, to develop an allocation methodology to distribute funding to counties that elect to participate in the program. This bill would require the Board of State and Community Corrections to establish a pilot project in each of the Counties of Alameda, Sacramento, and San Joaquin, if the county elects to participate in the pilot project. The bill would authorize each participating county to determine whether that county's probation department or child welfare agency, or both, would create and operate a program funded by the pilot project. The bill would require a program funded by the pilot project to provide services to youth within that county's jurisdiction in order to address the need for services relating to the commercial sexual exploitation of youth. The bill would state that the purpose of the pilot project is to test a service model, as specified, that would produce improved outcomes for youth victims of human trafficking. The bill would require the programs created by the pilot project that receive funding pursuant to these provisions to be licensed by the State Department of Social Services. The bill would make the funding for the pilot projects established pursuant to this authority contingent upon an appropriation in the annual Budget Act and would require the Board of State and Community Corrections to administer those funds. The bill would also require a county that elects to participate in the pilot project and establishes a program pursuant to these provisions to conduct at least one evaluation of the program's impact and effectiveness and to submit that evaluation to the board and the Legislature no later than January 1, 2024. The bill would repeal these provisions on January 1, 2025.

Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property, and sets forth the powers and duties of the department with respect to the operation, maintenance, and improvement of state highways. This bill would require the department to implement and oversee the —580 Marine Highway corridor project to reduce traffic by facilitating a permanent shift in container traffic away from truck transport to marine transport between the Port of Oakland and the Port of Stockton. The bill would require that the project be funded by an appropriation in the Budget Act of 2017 of $85,000,000.

Existing law, the Motor Carriers of Property Permit Act, prohibits a motor carrier of property, as defined, from operating a commercial motor vehicle on any public highway in the state, unless it has obtained a carrier identification number in accordance with specified provisions, has registered the identification number with the Department of Motor Vehicles, and holds a valid motor carrier permit issued to that motor carrier by the department. Existing law specifies that a "commercial motor vehicle" does not include certain vehicles, including a pickup truck, as defined, that meets specified conditions. A person or corporation who violates the act is guilty of a misdemeanor, punishable by a fine of not more than $2,500, imprisonment in county jail for not more than 3 months, or by both that fine and imprisonment. This bill would change the definition of a pickup truck, for purposes of the Motor Carriers of Property Permit Act, to include a motor truck with a manufacturer's gross vehicle weight rating of less than 16,000 pounds that is equipped with an open box-type bed not exceeding 9 feet in length that may be equipped with a bed-mounted storage compartment unit commonly called a "utility body."

(1) Under existing law, the California Beverage Container Recycling and Litter Reduction Act, every beverage container sold or offered for sale in this state is required to have a minimum refund value. A distributor is required to pay a redemption payment for every beverage container sold or offered for sale in the state to the Department of Resources Recycling and Recovery for deposit in the California Beverage Container Recycling Fund. The money in the fund is continuously appropriated to the department for, among other things, the payment of refund values. The act defines the term "beverage" for purposes of the act to include certain types of products in liquid, ready-to-drink form, as specified. The act excludes from the definition of "beverage," among other products, any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container. This bill would eliminate reference to the material from which a beverage container is made in defining the terms "beverage" and "beverage container." Because redemption payments for the previously excluded beverage container material types made subject to the act by this bill would be deposited in a continuously appropriated fund, the bill would make an appropriation. (2) The act defines "other beverage container" as a beverage container which has a body consisting of metal, glass, plastic, other materials, or a combination of these, but which is not an aluminum, bimetal, glass, or plastic beverage container. The act requires any person importing into the state more than 25 pounds of empty aluminum, bimetal, or plastic beverage container material, or more than 250 pounds of empty glass beverage container material, among other requirements, to report the material to the department and to provide certain documentation, including the destination of the material. This bill would subject to those requirements a person importing into the state more than 25 pounds of other empty beverage container material. (3) The act requires the department to calculate a processing fee and processing payment for each beverage container type with a scrap value less than the cost of recycling. The act requires the processing payment to be at least equal to the difference between the scrap value offered to a statistically significant sample of recyclers by willing purchasers and the sum of the actual cost of recycling containers by certified recycling centers and a reasonable financial return. This bill would, for purposes of calculating the processing payment, exclude certified curbside programs from the sampling of recyclers. (4) The act requires a processor to pay to a certified recycling center, dropoff or collection program, or curbside program for all types of empty beverage containers received by the processor the refund value, 34 of 1% of the refund value for administrative costs, and the processing payment. This bill would prohibit a processor from making those payments for a load of empty beverage containers, or a commingled load of empty beverage containers and other containers of the same material type, if more than 5% of the load is made up of material other than empty beverage containers of one material type and other containers of the same material type. (5) This bill would also make conforming changes. (6) A violation of the act is a crime. This bill would impose a state-mandated local program by creating new crimes relating to beverage containers. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law provides for the procedure of approving and accepting bail, and issuing an order for the appearance and release of an arrested person. Existing law requires that bail be set in a fixed amount, as specified, and requires, in setting, reducing, or denying bail, a judge or magistrate to take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial or at a hearing of the case. Under existing law, the magistrate or commissioner to whom the application is made is authorized to set bail in an amount that he or she deems sufficient to ensure the defendant's appearance or to ensure the protection of a victim, or family member of a victim, of domestic violence, and to set bail on the terms and conditions that he or she, in his or her discretion, deems appropriate, or he or she may authorize the defendant's release on his or her own recognizance. Existing law provides that a defendant being held for a misdemeanor offense is entitled to be released on his or her own recognizance, unless the court makes a finding on the record that his or her release would compromise public safety or would not reasonably ensure the appearance of the defendant as required. This bill would state the intent of the Legislature to enact legislation to safely reduce the number of people detained pretrial, while addressing racial and economic disparities in the pretrial system, to ensure that people are not held in pretrial detention simply because of their inability to afford money bail. This bill would implement a revised pretrial release procedure. The bill would require, except when a person is arrested for certain felonies, that a pretrial services agency conduct a pretrial risk assessment on an arrested person and prepare a pretrial services report that includes the results of the pretrial risk assessment and recommendations on conditions of release for the person immediately upon booking. The bill would require the pretrial services agency to transmit the report to a magistrate, judge, or court commissioner and the magistrate, judge, or court commissioner, within an unspecified number of hours, to issue an oral or written order to release the person, with or without release conditions, subject to the person signing a specified release agreement. The bill would require, if a person is in custody at the time of his or her arraignment, the judge or magistrate to consider the pretrial services report and any relevant information provided by the prosecuting attorney or the defendant and to order the pretrial release of the person, with or without conditions, subject to the person signing a specified release agreement. If the judge or magistrate determines that pretrial release, with or without conditions, will not reasonably ensure the appearance of the person in court as required, the bill would require the judge or magistrate to set monetary bail at the least restrictive level necessary to ensure the appearance of the defendant in court as required. The bill would authorize, if the judge or magistrate has set monetary bail, the person to execute an unsecured appearance bond, execute a secured appearance bond, or deposit a percentage of the sum mentioned in the order setting monetary bail. The bill would authorize a prosecuting attorney to file a motion seeking the pretrial detention of a person in certain circumstances, including when the person has been charged with a capital crime and the prosecuting attorney alleges that the facts are evident or the presumption great. The bill would require, if this motion has been filed, a hearing to be held to determine whether to release the person pending trial, unless the person waives the hearing. The bill would authorize the person to be detained pretrial only if the court makes one of several specified findings. The bill would require each county to establish a pretrial services agency that would be responsible for gathering information about newly arrested persons, conducting pretrial risk assessments, preparing individually tailored recommendations to the court regarding release options and conditions, and providing pretrial services and supervision to persons on pretrial release. The bill would require an unspecified agency to take certain actions relating to the implementation of the revised pretrial release procedure, including, among others, selecting a pretrial risk assessment tool to be used in conducting pretrial risk assessments that meets specified requirements and reviewing collected data to monitor compliance with state law and guidelines relating to pretrial release. The bill would also authorize that agency to take certain actions relating to the implementation of the revised pretrial release procedure, including, among other things, providing training and assistance to judges, prosecutors, defense attorneys, pretrial services agencies, jail staff, and law enforcement agencies. The bill would require the Board of State and Community Corrections, in consultation with that unspecified agency, to develop a plan that establishes statewide requirements for counties relating to annual reporting of pretrial release and detention information. By imposing additional duties on local agencies, 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 authorizes the formation of reclamation districts by owners of swamp and overflowed lands, salt-marsh, or tidelands, or other lands subject to flood or overflow and by owners of land already reclaimed, or in progress of reclamation, and not included in a reclamation district. This bill would appropriate $1,175,000 from the General Fund to the Department of Water Resources for the purpose of constructing a new pump station to replace Pump Station No. 7 of Reclamation District No. 1614 – Smith Tract. The bill would require the department to grant the $1,175,000 appropriated for the purpose of replacing the pump station to Reclamation District No. 1614 — Smith Tract to construct a new pump station to replace Pump Station No. 7.

Existing sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. Those laws provide various exemptions from those taxes. This bill, on and after January 1, 2018, would exempt from those taxes the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, tampons, sanitary napkins, menstrual sponges, and menstrual cups. The Bradley-Burns Uniform Local Sales and Use Tax Law authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Amendments to the Sales and Use Tax Law are automatically incorporated into the local tax laws. Existing law requires the state to reimburse counties and cities for revenue losses caused by the enactment of sales and use tax exemptions. This bill would provide that, notwithstanding Section 2230 of the Revenue and Taxation Code, no appropriation is made and the state shall not reimburse any local agencies for sales and use tax revenues lost by them pursuant to this bill. This bill would take effect immediately as a tax levy.