(1) The California Constitution requires the Governor to submit annually to the Legislature a budget itemizing state expenditures and estimating state revenues and requires the Legislature to pass the Budget Bill by midnight on June 15. This bill would require that the budget submitted by the Governor to the Legislature for the 2014–15 fiscal year and each fiscal year thereafter be developed pursuant to performance-based budgeting, as defined, for each state agency. (2) Under existing law, a state agency for which an appropriation is made is generally required to submit to the Department of Finance for approval a complete and detailed budget setting forth all proposed expenditures and estimated revenues for the ensuing fiscal year. The bill would require the budget of a state agency, as defined, submitted to the department to utilize performance-based budgeting, for all programs, as defined. The bill would authorize a joint committee, utilizing the recommendations of specified entities, to propose changes to those programs. The bill also would establish a task force comprised of the Director of Finance, the Controller, and the chairpersons and vice chairpersons of the Senate Committee on Budget and Fiscal Review and Assembly Committee on Budget to develop performance-based budgeting guidelines and procedures, including a process for phasing in requirements of performance-based budgeting, and to review and comment on a training and education program for state agency personnel involved in the budget process developed by the Department of Finance.
Sponsored bills
(1) The Planning and Zoning Law establishes the Planning Advisory and Assistance Council in the Office of Planning and Research, and prescribes the membership and duties of the council. This bill would modify the membership of the council, establish new processes for selecting specified members of the council, and prescribe new duties of the council relating to the reduction of greenhouse gas emissions. (2) The Planning and Zoning Law also requires certain transportation planning activities by regional transportation planning agencies designated by the Director of Transportation, including the development of a regional transportation plan. That law requires the regional transportation plan to include, among other items, a sustainable communities strategy, to be prepared as specified. This bill would authorize a metropolitan planning organization, a council of governments, or a county transportation commission, and a subregional council of governments jointly preparing a subregional sustainable communities strategy, singularly titled an "authority" and collectively titled the "authorities," to levy a mitigation fee of up to $4 upon the registration or renewal of registration of any motor vehicle registered in a county or city and county within the jurisdiction of the authority, upon receiving voter approval to implement and impose the fee from a majority of the aggregate voters in all counties and cities and counties within the jurisdiction of the authority. Notwithstanding this authorization, the bill would prohibit a council of governments within the Association of Bay Area Governments that only represents a portion of the region from levying the fee. The bill would require an authority seeking to implement and impose the fee to adopt a measure containing specified findings of fact, and, upon the authority's adoption of the measure and its written request to the counties and cities and counties within its jurisdiction, the board of supervisors of each of those counties and cities and counties to submit to the voters, at a local election consolidated with a statewide primary or general election specified by the authority, the measure adopted by the authority. The bill would authorize the authority, upon the approval of the measure by an aggregate majority of the voters of all counties and cities and counties within its jurisdiction, to implement and impose the fee. The bill would also authorize the authority, if the measure is not approved, to reuse this procedure to seek voter approval of the fee. The bill would require the authority to reimburse each county and city and county within its jurisdiction for the cost of submitting the measure to the voters, from the fee revenues it receives if the measure is approved, and from funds available through the Mills-Alquist-Deddeh Act if the measure is not approved. The bill would require, if the authority's measure is adopted by a majority of the aggregate voters in all counties and cities and counties within the authority's jurisdiction, the Department of Motor Vehicles to collect and administer the fee, as specified, and the authority to deposit all fee revenues it receives from the department in the Regional Blueprint Plan Implementation Fund, to be created and administered by the authority. The bill would require the net revenues of the fee received by the authority to be used to identify land use strategies, reduce the use of motor vehicles within its jurisdiction, and to carry out specified transportation-related activities, for the purpose of achieving a specified greenhouse gas emission reduction target. The bill would require, if the fee exceeds $2, all revenue derived from the amount of the fee in excess of $2 to be made available by the authority in the form of grants to specified entities within its jurisdiction, as specified. The bill would require the grants to only be made after a finding by the authority that the funds will be used exclusively for planning and projects relating to the implementation of a sustainable communities strategy or a regional blueprint plan. The bill would authorize the authority to divide the fee revenues it receives with the local air quality management district that has responsibility over all or part of the same geographic area, pursuant to an agreement with that district, and would require the district to use all fee revenues it receives to assist local and regional governments in reducing greenhouse gas emissions. (3) Existing law requires the Department of Motor Vehicles, if requested by a county air pollution control district, air quality management district, or unified or regional air pollution control district, to collect specified fees upon the registration or renewal of registration of any motor vehicle in the district, except those vehicles which are expressly exempt from the payment of registration fees. Existing law requires the department, after deducting its costs, to distribute the revenues of the fees to the appropriate district. This bill would additionally require the department, if requested by an authority, to collect the authority's mitigation fee upon the registration or renewal of registration of any motor vehicle registered within the jurisdiction of the authority, and, after deducting its costs as specified, to distribute the revenues of the mitigation fee to the appropriate authority. Upon the adoption of the fee in counties of which the aggregate population constitutes at least 50% of the population of the state, the department would be required to deposit 1% of the net fee revenues into the Planning Advisory and Assistance Council Fund, which this bill would create within the State Treasury. After making that deposit, the bill would require the department to distribute the remaining fee revenue to the appropriate authority. The bill would require the Controller, upon appropriation by the Legislature, to make the moneys within the fund available to the Planning Advisory and Assistance Council for the performance of specified functions. (4) This bill would incorporate additional changes in Section 65040.6 of the Government Code made by AB 2754 that would become operative if both bills are enacted and this bill becomes enacted after AB 2754.
The Alcoholic Beverage Control Act contains various provisions regulating the application for, the issuance of, the suspension of, and the conditions imposed upon, alcoholic beverage licenses by the Department of Alcoholic Beverage Control. This bill would prohibit the import, production, manufacture, distribution, or sale of caffeinated malt beverages, as defined, at retail locations within the state. This bill would provide for either the imposition of a monetary fine or suspension of the licensee's license for first and 2nd violations of this prohibition and for revocation of the licensee's license for a 3rd violation. This bill would delay the operative date of this prohibition until 6 months from the bill's effective date.
The California Public Records Act requires state and local agencies to make their records available for public inspection and to make copies available upon request and payment of a fee unless those records are exempt from disclosure. This bill would require specified entities to comply with the act, but would not require these entities to disclose information obtained in the process of soliciting potential donors that has actual or potential independent economic value because it is not generally known to the public or because the individuals can obtain economic value from its disclosure or use. This bill would specify that it is not the intent of the Legislature to designate specified organizations as state agencies by subjecting these organizations to the requirements of the act. The bill would exempt from disclosure under the act the names, addresses, and telephone numbers of persons who volunteer services or donate to specified entities if those persons request anonymity. However, the bill would provide that this exemption does not apply if a volunteer or donor meets specified conditions. This bill would also provide that it is the intent of the Legislature to reject the court's interpretation of state law regarding the application of the act to auxiliary organizations, such as the CSU Fresno Association, at issue in California State University, Fresno Assn., Inc. v. Superior Court (2001) 90 Cal.App.4th 810.
Existing law authorizes 2 or more public agencies, by agreement, to jointly exercise common powers. Existing law also establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitats in the San Francisco Bay. This bill would establish, until January 1, 2030, the Bay Area Disaster Recovery Planning Council to create a long-term regional recovery plan, to be implemented before and after an earthquake or other disaster occurs in the bay area, by cooperating with various stakeholders in the bay area, including, but not limited to, the cities, counties, special districts, school districts, emergency managers, hospitals, members of the public, private businesses, and nongovernmental organizations. The bill would impose specific duties on the Association of Bay Area Governments, thereby imposing 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 requires the State Department of Social Services to establish a trustline registry for trustline providers who met prescribed requirements. Existing law defines trustline provider as a person 18 years of age or older who provides child care, supervision, or any person providing in-home educational or counseling services to a minor, and who is not required to be licensed as a child day care provider. Existing law, commencing January 1, 2011, provides that a person who provides care or supervision in an ancillary day care center, as defined, shall be registered as a trustline provider, and specifically defines trustline provider as also meaning a person who provides care or child care supervision in an ancillary day care center, other than the parent, or guardian of the child receiving the care. This bill would, instead, provide that, commencing January 1, 2011, a person 18 years of age or over who provides care or supervision in an ancillary day care center, shall be registered as a trustline provider. It would specifically provide that nothing in the trustline provider provisions shall be construed to prevent a person under 18 years of age from being employed in an ancillary day care center.
(1) The Administrative Procedure Act generally sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. An agency that is considering adopting, amending, or repealing a regulation is authorized to consult with interested persons before initiating regulatory action, and requires an agency to do so when the regulation involves complex or numerous proposals. This bill would require the agency, if it does not, or is unable to, consult with these parties to inform in writing the Office of Small Business Advocate and the Department of Finance of its decision and the reasons for not consulting the impacted businesses. (2) The act requires every state agency subject to the act to submit, with the notice of the proposed adoption, amendment, or repeal of a regulation, an initial statement of reasons for proposing the adoption, amendment, or repeal of a regulation, which is required to include, among other things, a description of any reasonable alternatives that would lessen any adverse impact on small business and the agency's reasons for rejecting those reasonable alternatives. The act specifies the agency is not required, in this initial statement, to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. This bill would require the agency to describe the agency's reasons for rejecting each specific alternative, and would delete the specification that an agency is not required to artificially construct alternatives, describe unreasonable alternatives, or justify why it has not described alternatives. (3) The act requires a state agency to assess the potential of a proposal to adopt, amend, or repeal a regulation to adversely affect business enterprises and individuals. This bill would also require an agency to submit an economic impact statement that makes that assessment and would also require an agency, before submitting a proposal, to prepare a small business economic impact statement that contains specified information. (4) Under the act, the agency must issue a notice of proposed action that includes prescribed information, including, if a state agency makes an initial determination that the adoption, amendment, or repeal of a regulation will not have a significant statewide adverse economic impact directly affecting business, a declaration of that determination. This bill would delete that requirement and instead require, if an agency declares that it is not aware of any cost impact, that the notice of proposed action include a statement describing how a private person or business could comply with the proposed regulation without incurring a cost. This bill would also require that the notice of proposed action include the small business economic impact statement that this bill requires an agency to prepare. (5) The act also requires the Department of Finance to adopt and update, as necessary, instructions for inclusion in the State Administrative Manual prescribing the methods that any agency is required to use in making the determinations relating to mandates on local agencies or school districts, as specified. This bill would also require the Department of Finance to adopt and update, as necessary, instructions prescribing the methods that any agency is required to use in making the determinations relating to significant, statewide adverse economic impacts directly affecting business, as specified. (6) The act requires the Office of Administrative Law to review and approve regulations that are adopted, amended, or repealed, using prescribed standards. The act requires that the office reject a proposed regulation in specified circumstances. This bill would require that the office reject a proposed regulation if the adopting agency does not provide specified information relating to the small business economic impact statement. (7) The act authorizes any interested person to obtain a judicial declaration as to the validity of specified regulations or orders of repeal, by bringing an action for declaratory relief in the superior court in accordance with the Code of Civil Procedure. This bill would specify that an interested person includes, but is not limited to, a small business or an organization or trade association that represents small businesses and whose members are affected by the regulation. (8) The bill would also make conforming changes to the act.
Existing law requires the Integrated Waste Management Board, in collaboration with the Department of Toxic Substances Control, to establish on July 1, every two years, an electronic waste recovery payment schedule to cover the net cost of an authorized collector in operating a free and convenient system for collecting, consolidating, and transporting covered electronic wastes. Existing law requires the board to make those payments, as specified. This bill would instead require that the board, in collaboration with the department, establish an electronic waste recovery payment schedule to cover the net cost of an authorized collector on July 1 of every year. The bill would also delete an obsolete provision.
Under the California Constitution, the Legislature by rollcall vote entered in the journal, two-thirds of the membership of each house concurring, may submit at a general election the question whether to call a convention to revise the Constitution. If the majority vote yes on that question, within 6 months the Legislature is required to provide for the convention. This measure would propose that the people of the State of California vote at the next statewide general election on the question of whether to call a convention to revise the California Constitution.
Existing law requires the State Department of Public Health to provide breast cancer and cervical cancer screening services to eligible low-income individuals under a federal grant made under the federal Centers for Disease Control and Prevention breast and cervical cancer early detection program. Funding for these services is provided by a combination of federal and state moneys. Existing law requires these services to be provided at the level of funding budgeted from state and other resources during the fiscal year in which the Legislature has appropriated funds to the department for this purpose. This bill would, insofar as consistent with federal law and without jeopardizing federal funding, require the department to provide breast cancer screening and diagnostic services to individuals of any age who are exhibiting symptoms, with a physician's recommendation, and individuals 40 years of age or older, provided the individual otherwise meets the state eligibility requirements. This bill would appropriate an unspecified amount to the department for the breast and cervical cancer early detection program.