Sen. Roger Niello

Existing law establishes the Government Operations Agency, which consists of several departments including the Office of Administrative Law (OAL) . Existing law, the Administrative Procedure Act, governs the procedure for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the OAL. Existing law requires the OAL to provide for the publication of the California Regulatory Notice Register and to include specified information in the register, including notices of proposed action prepared by regulatory agencies, a summary of regulations filed with the Secretary of State, and a summary of regulation decisions issued, as specified. This bill, until January 1, 2035, would establish the Office of Regulatory Counsel in state government within the Governor's office, under the direction and control of a director. The bill would require the director to be appointed by the Governor, subject to confirmation of the Senate and for the director's term to be coterminous with that of the appointing power, except as provided. This bill would require the office to draft and assist in the preparation, consideration, amendment, and repeal of regulations for a state agency, before the state agency submits a proposed action regarding that regulation to the OAL for publication in the California Regulatory Notice Register. The bill would make related legislative findings and declarations.

Existing state law, Proposition 7, an initiative measure approved by the voters at the November 6, 2018, statewide general election, sets the standard time for California and sets daylight saving time to begin each March and end each November, as specified. Proposition 7 authorizes the Legislature to amend these provisions by a 23 vote to change the dates and times of the daylight saving time period, consistent with federal law, and authorizes the Legislature to amend these provisions by a 23 vote to provide for the application of year-round daylight saving time when authorized by federal law. This bill would repeal daylight saving time in the state and the provisions regarding the Legislature's authority to amend the above-described provisions by a 23 vote. The bill would instead require the state and all political subdivisions of the state to observe year-round standard time. The bill would exempt the state and all political subdivisions of the state from the provisions of federal law that establish the advancement of time. The bill would make related findings and declarations.

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 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. Under existing law, the recommendation, continuous evaluation, and execution of statewide environmental goals, policies, and plans are included within the scope of the executive functions of the Governor. Existing law establishes the Office of Land Use and Climate Innovation in the Governor's office for the purpose of serving the Governor and the Governor's cabinet as staff for long-range planning and research and constituting the comprehensive state planning agency. This bill would require, on or before July 1, 2027, the Office of Land Use and Climate Innovation to consult with regional, local, state, and federal agencies to develop a technical advisory on thresholds of significance for greenhouse gas and noise pollution effects on the environment to assist local agencies. The bill would require the technical advisory to provide suggested thresholds of significance for all areas of the state, as specified, and would provide that lead agencies may elect to adopt these suggested thresholds of significance. The bill would also require the Office of Land Use and Climate Innovation to post the technical advisory on its internet website.

Existing law governs procedures for specified civil actions, including those brought pursuant to the California Environmental Quality Act. Existing law requires a plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant under certain circumstances, such as when the plaintiff challenges a low- or moderate-income housing development project for the purpose of delaying or thwarting the project. This bill would provide that, in a civil action brought to challenge a project that will engage in fire prevention activities, including those brought pursuant to the California Environmental Quality Act, a defendant may seek an order requiring the plaintiff to furnish an undertaking as security for costs and damages that may be incurred by the defendant if the bringing of the action or seeking by the plaintiff of particular relief, including injunctive relief, would result in preventing or delaying the project. The bill would require the defendant to show that the action is without merit and that it was brought in bad faith, vexatiously, for the purpose of delay, or to thwart the project. The bill would permit a plaintiff in responding to such a motion to request that the amount of the undertaking be limited because it would result in economic hardship, as specified. This bill would authorize the court to order an undertaking not to exceed $500,000 or to decline to require an undertaking if the court finds that it would cause the plaintiff to suffer undue economic hardship. This bill would declare that it is to take effect immediately as an urgency statute.

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 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 requires the Office of Land Use and Climate Innovation, formerly named the Office of Planning and Research, to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the implementation of CEQA. The CEQA guidelines require a lead agency, immediately after deciding that an environmental impact report is required for a project, to send a notice of preparation stating that an environmental impact report will be prepared to the office and each responsible and trustee agency, as specified. This bill would require the office to conduct a study to, among other things, evaluate how locked-in guidelines could impact regulatory certainty for future project proponents, lead agencies, and stakeholders and assess how locked-in guidelines could affect the speed and efficiency of the environmental review process pursuant to CEQA. The bill would define "locked-in guidelines" as CEQA guidelines, that are in effect at the time of the first issuance of the notice of preparation for a project, that apply to the project throughout the course of the environmental review process pursuant to CEQA, regardless of changes in the guidelines that occur after the first issuance of the notice of preparation. The bill would require, on or before January 1, 2027, the office to submit a report to the Governor and the Legislature on the study. The bill would repeal these provisions on January 1, 2028.

Existing law designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases that cause global warming in order to reduce emissions of greenhouse gases, and confers the state board various regulatory authorities, including the authority to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions, as specified. This bill would revoke all authority of the state board to adopt, revise, or repeal regulations and would declare that any law granting authority to or requiring the state board to adopt, revise, or repeal regulations, or take an action that requires exercising regulatory authority, instead be read as only authorizing the state board to provide advice and propose measures to the Legislature for statutory enactment. The bill would require the state board to, as necessary, provide advice and propose measures to the Legislature for statutory enactment regarding its duties, as provided. The bill would declare that it does not invalidate or repeal any regulation adopted by the state board before January 1, 2026.

Existing law authorizes the governing boards of 2 or more school districts to enter into an agreement for the interdistrict attendance of pupils who are residents of the school districts. Existing law requires a school district that has entered into an interdistrict attendance agreement to post the procedures and timelines regarding a request for an interdistrict transfer permit on the school district's internet website. This bill would require a school district to maintain a record of all requests for interdistrict transfer and records of the disposition of those requests, as provided. The bill would require a school district to, on or before June 30 of each year, submit the information described above for the current school year to the Superintendent. The bill would require the Superintendent to, on or before August 1 of each year, post the information submitted for the current school year on the department's internet website. By imposing new duties on school districts, 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, 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, the California Values Act, generally prohibits California law enforcement agencies from investigating, interrogating, detaining, detecting, or arresting persons for immigration enforcement purposes, including providing information regarding a person's release date or responding to requests for notification by providing release dates or other information, as specified. Existing law provides that responses are never required, but are permitted, provided that they do not violate any local law or policy. Existing law provides the above-described prohibition does not prevent a California law enforcement agency from performing certain limited exceptions to this prohibition that do not violate any policy of the law enforcement agency or any local law or policy of the jurisdiction in which the agency is operating. Existing law provides a law enforcement official with discretion to cooperate with immigration authorities only if doing so would not violate any federal, state, or local law, or local policy, and where permitted by the California Values Act. This bill would instead provide that responses relating to a person's release date, as described above, are required. The bill would instead require a California law enforcement agency to perform certain limited exceptions to the prohibition, as specified. The bill would instead require a law enforcement official to cooperate with immigration authorities only if doing so would not violate any federal or state law or policy, and where permitted by the California Values Act. By imposing new 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 prohibits the tenant of a property to remain on a property after the lawful termination of a lease agreement, as specified. Existing law prescribes a procedure for obtaining a judgment against such a tenant and for effecting the eviction of that tenant. Existing law prohibits entering or occupying real property or structures without the consent of the owner. This bill would define a squatter as somebody who unlawfully enters and remains in a residential property and, upon request, refuses to leave or falsely claims a legal right of possession. This bill would prescribe a procedure for the notice and removal of a squatter by a local law enforcement agency. The bill would authorize a property owner or their agent to serve a demand to vacate, as specified, upon a squatter. The bill would authorize the owner or agent, after service of the demand, to submit a request, signed under penalty of perjury, to the local law enforcement agency with primary jurisdiction where the property is located, as specified. By expanding the crime of perjury, this bill would impose a state-mandate local program. This bill would require the law enforcement agency, upon receipt of the request, to verify the request and, upon verification, to remove the unlawful occupants from the property without unreasonable delay, as specified. The bill would describe the duties of local law enforcement personnel during a removal. By imposing new duties on local law enforcement agencies, this bill would impose a state-mandated local program. This bill would authorize a local law enforcement agency to assess a fee for processing a request and conducting a removal. This bill would prohibit a person from fraudulently causing or attempting to cause the removal of another person pursuant to these provisions. A violation of this prohibition would be punishable as a misdemeanor or felony. By creating new crimes, this bill would impose a state-mandated local program. The bill would also create a civil cause of action for damages and restoration of possession against a person who fraudulently causes the removal of a person pursuant to the provisions, by the person who was removed. This bill would state that, notwithstanding any other state or local law, it is intended to provide the remedy for unlawful occupation of a residential property by a squatter and would specify that it applies only to situations involving a squatter and not situations involving a tenant or other person with a bona fide claim to tenancy or title. 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, with regard to certain mandates, no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The Personal Income Tax Law, in conformity with federal income tax law, generally defines "gross income" as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. Existing law, known as the Golden State Scholarshare Trust Act, establishes the Golden State Scholarshare College Savings Trust (Scholarshare trust) , under the administration of the Scholarshare Investment Board, to provide financial aid for postsecondary education costs of participating students. Existing state and federal law generally includes in gross income distributions from a qualified tuition program, as defined to include the Scholarshare trust, except as provided. Existing federal law, the Consolidated Appropriations Act, 2023, excludes from gross income, for federal income tax purposes, distributions from a qualified tuition program that are made after December 31, 2023, and are paid in a direct trustee-to-trustee transfer to a Roth IRA, as described. This bill would exempt from gross income distribution made from a long-term qualified tuition program during the taxable years beginning on or after January 1, 2025, and before January 1, 2030, that are paid in a direct trustee-to-trustee transfer to a Roth IRA, and would conform state tax law to those changes relating to federal law, as described above. Existing law requires a bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. This bill would include additional information required for any bill authorizing a new tax expenditure. This bill would take effect immediately as a tax levy.