Existing law provides a system of prisons under the Department of Corrections and Rehabilitation to house inmates committed to state prison for felonies. This bill would authorize the Secretary of the Department of Corrections and Rehabilitation to offer a program under which female inmates, pregnant inmates, or inmates who, immediately prior to incarceration, were primary caregivers of dependent children, as defined, who are committed to state prison may be allowed to participate in a voluntary alternative custody program in lieu of confinement in state prison. The bill would define an alternative custody program to include confinement to a residential home, a residential drug or treatment program, or a transitional care facility that offers appropriate services. The bill would authorize the department to enter into contracts with county agencies, not-for-profit organizations, for-profit organizations, and others in order to promote alternative custody placements. The bill would require the department to determine the recidivism rate of each participant in an alternative custody program. The bill would, among other things, provide inmate eligibility criteria, authorize the secretary to prescribe rules and regulations for the program, including imposing certain inmate participation requirements, and authorize certain inmate compliance verification procedures. The bill would make the escape or attempted escape from this program a misdemeanor, thereby creating a state-mandated local program. This bill would incorporate changes made by AB 1369 that would become operative if both bills are enacted and this bill is enacted after AB 1369. 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.
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Under existing law, the Public Utilities Commission (CPUC) has regulatory authority over public utilities, including electrical corporations, as defined. The existing Public Utilities Act requires the CPUC to review and adopt a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives. The existing California Renewables Portfolio Standard Program (RPS program) requires the CPUC to implement annual procurement targets for the procurement of eligible renewable energy resources, as defined, for all retail sellers, including electrical corporations, community choice aggregators, and electric service providers, but not including local publicly owned electric utilities, to achieve the targets and goals of the program. The existing Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) , and requires it to undertake a continuing assessment of trends in the consumption of electricity and other forms of energy and to analyze the social, economic, and environmental consequences of those trends and to collect from electric utilities, gas utilities, and fuel producers and wholesalers and other sources, forecasts of future supplies and consumption of all forms of energy. Existing law requires the CPUC, in consultation with the Independent System Operator (ISO) , to establish resource adequacy requirements for all load-serving entities, as defined, in accordance with specified objectives. The definition of a "load-serving entity" excludes a local publicly owned electric utility. That law further requires each load-serving entity to maintain physical generating capacity adequate to meet its load requirements, including peak demand and planning and operating reserves, deliverable to locations and at times as may be necessary to provide reliable electric service. Other existing law requires that each local publicly owned electric utility serving end-use customers to prudently plan for and procure resources that are adequate to meet its planning reserve margin and peak demand and operating reserves, sufficient to provide reliable electric service to its customers. That law additionally requires the utility, upon request, to provide the Energy Commission with any information the Energy Commission determines is necessary to evaluate the progress made by the local publicly owned electric utility in meeting those planning requirements, and requires the Energy Commission to report the progress made by each utility to the Legislature, to be included in the integrated energy policy reports. Under existing law, the governing body of a local publicly owned electric utility is responsible for implementing and enforcing a renewables portfolio standard for the utility that recognizes the intent of the Legislature to encourage renewable resources, while taking into consideration the effect of the standard on rates, reliability, and financial resources and the goal of environmental improvement. This bill would require the CPUC, by March 1, 2012, to open a proceeding to determine appropriate targets, if any, for each load-serving entity to procure viable and cost-effective energy storage systems and, by October 1, 2013, to adopt an energy storage system procurement target, if determined to be appropriate, to be achieved by each load-serving entity by December 31, 2015, and a 2nd target to be achieved by December 31, 2020. The bill would require the governing board of a local publicly owned electric utility, by March 1, 2012, to open a proceeding to determine appropriate targets, if any, for the utility to procure viable and cost-effective energy storage systems and, by October 1, 2014, to adopt an energy storage system procurement target, if determined to be appropriate, to be achieved by the utility by December 31, 2016, and a 2nd target to be achieved by December 31, 2021. The bill would require each load-serving entity and local publicly owned electric utility to report certain information to the CPUC, for a load-serving entity, or to the Energy Commission, for a local publicly owned electric utility. The bill would make other technical, nonsubstantive revisions to existing law. The bill would exempt from these requirements an electrical corporation that has 60,000 or fewer customers within California and a public utility district that receives all of its electricity pursuant to a preference right adopted and authorized by the United States Congress pursuant to a specified law. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the CPUC is a crime. Because certain of the provisions of this bill require action by the CPUC to implement, a violation of these provisions would impose a state-mandated local program by creating a new crime. Because certain of the bill's requirements are applicable to local publicly owned electric utilities, 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 specified reasons.
(1) The Z'berg-Nejedly Forest Practice Act of 1973, which regulates timber harvesting, contains legislative findings and declarations relative to forest resources, including a declaration that it is the policy of the state to encourage prudent and responsible forest resource management calculated to serve the public's need for timber and other forest products, while giving consideration to other specified public needs. The act also states the Legislature's intent to create and maintain an effective and comprehensive system of regulation and use of all timberlands to assure that the goal of maximum sustained production of high quality timber products is achieved while giving consideration to specified values. This bill would include in that list of specified public needs and that list of specified values sequestration of carbon dioxide. The bill also would make other legislative findings and declarations relative to carbon dioxide sequestration as it relates to forests. (2) The act requires the Board of Forestry and Fire Protection to adopt district forest practice rules and regulations in accordance with specified policies to, among other things, assure the continuous growing and harvesting of commercial forest tree species. A willful violation of the board's rules or regulations is a crime. This bill would also require the board to ensure that its rules and regulations that govern the harvesting of commercial forest tree species consider the capacity of forest resources to sequester carbon dioxide emissions sufficient to meet or exceed the state's greenhouse gas reduction requirements for the forestry sector, consistent with the scoping plan adopted by the State Air Resources Board pursuant to the California Global Warming Solutions Act of 2006, and would permit fees collected under the California Global Warming Solutions Act of 2006 to be used, upon appropriation by the Legislature, for contracts for related studies and analyses. Because a willful violation of those rules and regulations would be a crime, the bill would impose a state-mandated local program. (3) 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 Firefighters Procedural Bill of Rights Act provides a set of rights and procedural protections to specified firefighters. That act requires an administrative appeal instituted by a firefighter under the act to be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with specified provisions of the Administrative Procedure Act. This bill would specify that notwithstanding that provision, if the employing department is subject to a memorandum of understanding that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel shall serve as the hearing officer in accordance with the Administrative Procedure Act and notwithstanding any other provision that hearing officer's decision shall be binding. The bill would specify, however, that a memorandum of understanding negotiated with an employing agency would not control the process for administrative appeals instituted with licensing or certifying agencies as those appeals shall be conducted in conformance with the rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with specified provisions of the Administrative Procedure Act.
Existing law provides for the federal Supplemental Nutritional Assistance Program (SNAP) , formerly the Food Stamp Program, under which food stamps are allocated to the state by the federal government and are distributed to eligible households by each county. Existing law provides for the intercounty transfer (ICT) of benefits for recipients of CalWORKs, In-Home Supportive Services (IHSS) , or Medi-Cal benefits that move from one county to another within the state, as prescribed. This bill would require the State Department of Social Services to establish a process of intercounty transfer of eligibility for benefits under SNAP when a recipient moves from one county to another within the state. This bill would specify, commencing no later than April 1, 2011, that for recipients of SNAP benefits who are also recipients of CalWORKs benefits, the ICT process utilized for CalWORKs shall be used. This bill would further specify, commencing no later than April 1, 2011, that for recipients of SNAP benefits who are also recipients of Medi-Cal benefits, but not recipients of CalWORKs, the ICT process utilized for Medi-Cal shall be used. This bill would require, commencing no later than July 1, 2011, that for recipients of SNAP benefits who are neither recipients of CalWORKs nor Medi-Cal benefits, an intercounty transfer process be developed, as specified. This bill would specify that upon implementation of the intercounty transfer procedures set forth in the bill, it is the responsibility of the recipient changing residence from one county to another within the state to notify the county currently paying food stamp benefits of the move. This bill would require the recipient's prior county of residence to notify the new county of residence of the recipient's move as soon as the recipient's location in the new county is known. It would require the new county of residence to be responsible for determining the recipient's continued eligibility for benefits under SNAP, but that, to the extent permitted by federal law, the new county of residence would not be required to interview persons in the food stamp household to determine continued eligibility, until the next scheduled recertification or other regularly scheduled interview. This bill would require the department to adopt regulations to implement the bill no later than July 1, 2012, as specified. To the extent that this would increase the duties of county officials who administer public aid programs, including the Medi-Cal program, CalWORKs, and the federal SNAP program, 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 these statutory provisions.
Under existing law, the Public Utilities Commission (CPUC) has regulatory authority over public utilities, including electrical corporations, as defined. Existing law, the Public Utilities Act, prohibits any electrical corporation from beginning the construction of, among other things, a line, plant, or system, or of any extension thereof, without having first obtained from the CPUC a certificate that the present or future public convenience and necessity require or will require that construction (certificate of public convenience and necessity) . Existing law requires the CPUC, in acting upon an application by an electrical corporation for a certificate of public convenience and necessity, to deem new transmission facilities necessary to the provision of electric service if the CPUC finds that new transmission facilities are necessary to facilitate achievement of the renewable power goals established under the renewables portfolio standard. That law additionally requires the CPUC, upon finding that new transmission facilities are necessary to facilitate achievement of the renewable power goals established under the renewables portfolio standard, to take all feasible actions to ensure that the transmission rates established by the Federal Energy Regulatory Commission are fully reflected in any retail rates established by the commission. This bill would provide that an application by an electrical corporation for a certificate of public convenience and necessity for new transmission facilities is necessary to the provision of electric service if the CPUC finds that the new transmission facility is necessary to facilitate achievement of the renewables portfolio standard. The bill would authorize the CPUC to approve the recovery in retail rates by an electrical corporation of certain costs for transmission facilities that are incurred in certain circumstances if not approved for recovery in transmission rates by the Federal Energy Regulatory Commission. This bill would revise and recast certain of the definitions applicable to the California Renewables Portfolio Standard Program, and would revise certain requirements applicable to the State Energy Resources Conservation and Development Commission for certifying when an eligible renewable energy resource may earn a renewable energy credit. This bill would incorporate additional changes to Section 399.12 of the Public Utilities Code, proposed by SB 722, to be operative only if SB 722 and this bill are both chaptered and become effective on or before January 1, 2011, and this bill is chaptered last.
The Corporation Tax Law, which is administered by the Franchise Tax Board, authorizes various credits, deductions, exclusions, exemptions, and other tax benefits with respect to the taxes imposed by that law. This bill would, for each taxable year on or after January 1, 2010, require the board to compile information on any tax expenditure claimed and reported by a taxpayer that is a publicly traded company, and would require, beginning on June 30, 2013, and by June 30 of each year thereafter, the board to submit the information to the State Chief Information Officer for publication on the Reporting Transparency in Government Internet Web site. This bill would require the State Chief Information Officer to develop on the Reporting Transparency in Government Internet Web site a searchable database of that information, as specified.
Under existing law, income taxes and related taxes are collected by the Franchise Tax Board. This bill would authorize the Franchise Tax Board to collect restitution orders or any other amounts imposed by a court of competent jurisdiction for criminal offenses upon a person or entity that are due and payable to the Franchise Tax Board in any manner provided by law for the collection of delinquent income tax liability, as provided. This bill would authorize the Franchise Tax Board to retain specified amounts for costs of investigation incurred by the Franchise Tax Board. Existing law establishes a priority for application of amounts collected, in the event that a debtor has more than one debt being collected by the Franchise Tax Board and the amount collected is insufficient to satisfy the total amount owing. This bill would add to this priority for application of amounts collected, the amounts authorized to be collected by the Franchise Tax Board described above.
Existing law establishes a program until January 1, 2013, known as "Address Confidentiality for Victims of Domestic Violence and Stalking." That program authorizes specified persons to complete an application containing specified information in person at a community-based victims' assistance program to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participant's residence address. The program also makes the participant's voter registration confidential, and requires the Secretary of State to act as that person's agent for service of process and to designate a substitute mailing address for program participants, as specified. Under existing law, any person who makes a false statement in an application for this program is guilty of a misdemeanor. Under the program any person who is granted confidentiality pursuant to these provisions may file a new affidavit of voter registration or reregistration and be considered an absent voter for subsequent elections until the county elections official is notified otherwise by the Secretary of State or the voter. Existing law provides that any records or documents pertaining to a program participant shall be retained and held confidential for a period of 3 years after termination of certification of participation in the program and then destroyed, as specified. This bill would extend the provisions of the program indefinitely. By extending indefinitely provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law establishes a program similar to the above-described program, the "Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients" program until January 1, 2013, for reproductive health care services providers, employees, volunteers, and patients. The program similarly provides that any person who makes a false statement in an application is guilty of a misdemeanor and any person who is granted confidentiality pursuant to these provisions may file a new affidavit of voter registration or reregistration and be considered an absent voter for subsequent elections until the county elections official is notified otherwise by the Secretary of State or the voter. This bill would extend indefinitely the "Address Confidentiality for Reproductive Health Care Services Providers, Employees, Volunteers, and Patients" program. By extending indefinitely provisions of law, the violation of which is a misdemeanor, this bill would impose a state-mandated local program. Existing law requires the Secretary of State to retain and keep confidential records and documents pertaining to a participant in this address confidentiality program for a period of 3 years after termination of certification of the participant, and then to destroy the records and documents. This bill would provide an exception to those provisions for change of name records, which would be retained permanently. Existing law, until January 1, 2013, provides that any person filing with the county elections official a new affidavit of registration or reregistration who is a participant in certain address confidentiality programs may have the information relating to his or her residence address, telephone number, and e-mail address appearing on the affidavit, or any list or roster or index prepared therefrom, declared confidential, as specified. This bill would extend indefinitely the voter registration confidentiality provisions. 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 Corrections Standards Authority to establish minimum standards for state and local correctional facilities, including standards restricting the shackling of women in labor, during childbirth, and while in recovery after giving birth, and to review those standards biennially and make any appropriate revisions, as specified. This bill would require that the standards ensure that women who are pregnant shall not be shackled by the wrists, ankles, or both during any transport, during labor, during delivery, and while in recovery after giving birth, except that the least restrictive restraints possible may be used when deemed necessary for the inmate, consistent with the legitimate security needs of the inmate, the staff, and the public. The bill would require the authority to develop these standards regarding the shackling of pregnant women as part of its biennial review of its standards. Under existing law, pregnant inmates of the Department of Corrections and Rehabilitation, wards of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, and wards in the custody of a local juvenile facility, are to be transported in the least restrictive way possible when being taken to a hospital for purposes of childbirth. This bill would prohibit inmates and wards of these facilities who are known to be pregnant from being shackled by the wrists, ankles, or both during any transport, during labor, during delivery, and while in recovery after giving birth, unless deemed necessary for the safety and security of the inmate or ward, the staff, and the public. If restraints are deemed necessary during labor, delivery, recovery after birth, or transport, this bill would allow the person to be restrained in the least restrictive way possible, consistent with the legitimate security needs of each inmate or ward, the staff, and the public.