The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project, as defined, 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 requires the Office of Planning and Research to prepare and develop proposed guidelines for the implementation of CEQA by public agencies. CEQA requires that the guidelines contain various objectives, criteria, and procedures. This bill would authorize the Secretary for Environmental Protection to establish programs to, among other things, recognize facilities and persons that have demonstrated a commitment to enhanced environmental performance, including, at a minimum, developing or initiating implementation of an environmental management system. The bill would define "environmental management system" as a comprehensive, cohesive set of policies and procedures adopted by a facility or person and used to establish environmental goals, meet and maintain those goals, evaluate environmental performance, and achieve measurable improvement in environmental performance. The bill would require the secretary to develop guidelines and procedures for implementation of the program, including procedures for submitting applications, guidelines for annual reports, and procedures for reviewing program implementation. The bill would require Governor's Performance Plus Awards to be awarded annually to recognize participants in the program that have demonstrated innovation in the implementation of pollution prevention practices and other efforts to reduce environmental impacts.
Sponsored bills
Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution. Existing law establishes the Carl Moyer Memorial Air Quality Standards Attainment Program to provide grants to offset the incremental cost of projects that reduce covered emissions from covered sources in the state and for funding a fueling infrastructure demonstration program and technology development efforts. The program requires that funds be allocated to local air pollution control and air quality management districts, and that funds be distributed as expeditiously as reasonably practicable, and a report of the distribution be made available to the public. This bill would require this report to be made available at least annually.
The Sales and Use Tax Law imposes a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state of, 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. That law defines a "retailer engaged in business in this state" to include specified entities and provides that every retailer engaged in business in this state and making sales of tangible personal property for storage, use, or other consumption in this state, that engages in specified activity in this state shall, at the time of sale or at the time the storage, use, or other consumption becomes taxable, collect use tax from the purchaser and remit it to the State Board of Equalization. This bill would further define a retailer engaged in business in this state as a retailer that has substantial nexus with this state and a retailer upon whom federal law permits the state to impose a use tax collection duty.
(1) Existing law provides for licensure and regulation of health care service plans by the Department of Managed Health Care. A willful violation of these provisions is a crime. Existing law provides for regulation of health insurers by the Department of Insurance. Existing law requires health care service plan contracts and health insurance policies, with specified exceptions, to provide benefits for behavioral health treatment for pervasive development disorder or autism. This bill would exempt certain child-only health care service plan contracts administered by counties or other specified local entities from the requirement to provide coverage for behavioral health treatment for pervasive development disorder or autism.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income persons receive health care benefits. The Medi-Cal program is, in part, governed and funded by federal Medicaid provisions. Existing federal law provides for the federal Medicare Program, which is a public health insurance program for persons 65 years of age and older and specified persons with disabilities who are under 65 years of age. Existing law, to the extent that federal financial participation is available, and pursuant to a demonstration project or waiver of federal law, requires the department to establish pilot projects in up to 4 counties, to develop effective health care models to provide services to persons who are dually eligible under both the Medi-Cal and Medicare programs. This bill would authorize the department to establish pilot projects in up to 10 counties.
Existing law authorizes a county to impose a fee upon a city, special district, school district, community college district, college, or university for reimbursement of county expenses incurred with respect to the booking or other processing of persons arrested by an employee of that city, special district, school district, community college district, college, or university, where the arrested persons are brought to the county jail for booking or detention, as specified. This bill would express the intent of the Legislature to enact legislation that would authorize a city and a county to enter into a revenue-sharing agreement to fund criminal justice and social services administered by counties for the benefit of city residents.
This bill would urge the United States Patent and Trademark Office to place a satellite office in California.
Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining for the designated bargaining units. Existing law also provides criminal and civil penalties for any employer or person who engages in unfair labor practices as determined by the Agricultural Labor Relations Board within the Labor and Workforce Development Agency and the courts. Existing law provides for a secret ballot election for employees in agricultural bargaining units, as defined, to select labor organizations to represent them for collective bargaining purposes. This bill would, instead, refer to the above-described secret ballot elections as elections occurring at polling sites. This bill would also permit agricultural employees, as an alternative procedure, to select their labor representatives by submitting a petition to the board accompanied by representation cards signed by a majority of the bargaining unit. The board would be required to conduct an immediate investigation to determine whether to certify the labor organization as the exclusive bargaining representative for the particular agricultural employees. Within 5 days after receiving a petition, the board would be required to make a nonappealable administrative decision. If the board determined that the representation cards meet specified criteria, then the labor organization would be certified as the exclusive bargaining representative. If the board determined that the representation cards were deficient, it would notify the labor organization of the deficiency and grant the labor organization 30 days to submit additional cards. This bill would extend the existing prohibitions and penalties to employers who engage in unfair labor practices with regard to a majority signup election. This bill would require that the board keep the information on the representation cards confidential. By expanding the definition of unfair labor practices for infractions, this bill would create 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.
Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining for the designated bargaining units. Existing law provides that, within 5 days after the above-described election, any person may file with the Agricultural Labor Relations Board a signed petition that, among other things, objects to the conduct of the election or conduct affecting the results of the election. Upon receipt of the petition, existing law requires the board to conduct a hearing to determine whether the election shall be certified. Existing law permits the board to refuse to certify the election if it finds, among other things, that misconduct affecting the results of the election occurred. Existing law also provides for elections to decertify a labor organization, as specified. This bill would provide that if the board refuses to certify an election regarding certification of a labor organization because of employer misconduct that, in addition to affecting the results of the election, would render slight the chances of a new election reflecting the free and fair choice of employees, the labor union shall be certified as the exclusive bargaining representative for the bargaining unit. This bill would specify, with regard to the above-described elections regarding certification or decertification, time limits pertaining to the scheduling of hearings on election objections and challenges to ballots and the issuance of decisions by the board with respect to those objections and challenges. Under existing law, whenever it is charged that a person has engaged in or is engaging in certain unfair labor practices, the board has the power to issue and cause to be served upon the person a complaint stating the charges and containing a notice of hearing, as specified, not less than 5 days after the serving of the complaint. Under existing law, the board has the power, upon issuance of the above-described complaint, to petition the superior court in any county wherein the unfair labor practice in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary relief or a restraining order. Existing law grants the court jurisdiction to grant that relief. This bill would specify what the court is to consider in determining whether temporary relief or a restraining order is just and proper. This bill would provide that when the alleged unfair labor practice is such that, by its nature, it would interfere with the free choice of employees to choose or not choose an exclusive bargaining representative, appropriate temporary relief or a restraining order shall issue on a showing that reasonable cause exists to believe that the unfair labor practice has occurred. This bill would provide that the order shall remain in effect until an election has been held or for 30 days, whichever occurs first. This bill would provide that the temporary relief or restraining order shall not be stayed pending appeal. Existing law specifies the time for filing a declaration by an agricultural employer or a certified labor organization representing agricultural employees that the parties have failed to reach a collective bargaining agreement, thus triggering mandatory mediation. Under existing law, the declaration may be filed 90 days after a renewed demand to bargain where the parties have failed to reach agreement for at least one year, the employer committed an unfair labor practice, and the parties have not previously had a binding contract between them or 180 days after an initial request to bargain. This bill would, instead, provide that the declaration may be filed 90 days after a renewed demand to bargain, as specified above, 90 days after an initial request to bargain, 60 days after the board has certified the labor organization because of employer misconduct and a finding that would render slight the chances of a new election reflecting the free and fair choice of employees, or 60 days after the board has dismissed a decertification petition upon a finding that the employer has unlawfully initiated, supported, sponsored, or assisted in the filing of a decertification petition. Existing law provides that if, upon the preponderance of the testimony taken, the board is of the opinion that any person named in the above-described complaint has engaged in or is engaging in any unfair labor practice, the board is required to state its findings of fact and issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice. Existing law specifies how certification and the record of investigation are to be handled whenever the cease and desist order is based in whole or in part upon the facts certified following an investigation pertaining to elections of bargaining unit representatives, and there is a petition for review of the order. This bill would provide that the filing of the above-described petition for review of the order shall not be grounds for a stay of proceedings pertaining to mandatory mediation.