The California Integrated Waste Management Act of 1989 requires the Director of Transportation, upon consultation with the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials. Existing law requires a local agency that has jurisdiction over a street or highway to either adopt these standards developed by the Department of Transportation or to discuss at a public hearing why the standards are not being adopted. Existing law requires the State Procurement Officer, when purchasing materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agency that provides road construction and repair services, to contract for those items that use recycled material in those materials, unless the Director of Transportation determines that the use of the materials is not cost effective. This bill would require the department and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. The bill would require, beginning January 1, 2023, a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, as specified. By increasing the duties of 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.
Sponsored bills
The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including retail commercial cannabis activity. MAUCRSA gives the Bureau of Cannabis Control in the Department of Consumer Affairs the power, duty, purpose, responsibility, and jurisdiction to regulate commercial cannabis activity in the state as provided by the act, and does not supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate commercial cannabis businesses within that local jurisdiction. MAUCRSA reserves to a local jurisdiction, defined as a city, city and county, or county, specified powers regarding commercial cannabis activity, including adopting and enforcing local ordinances regulating commercial cannabis activity or prohibiting that activity. This bill would authorize a local jurisdiction to enter into a cannabis licensing agreement with the bureau to require the bureau to administer local commercial cannabis licensing, permitting, or other regulatory activities on behalf of the local jurisdiction. The bill would require the agreement to meet specified conditions, including that the agreement expires no less than 5 years from its operative date, and would require the local jurisdiction designate applicable zoning areas for commercial cannabis activity. This bill would require the bureau to provide notice to local licensees or permitholders of the transition from local administration to state administration, as provided, and would require the bureau to begin accepting new applications for local cannabis licenses within 15 days of entering into a cannabis licensing agreement. The bill would additionally authorize the bureau to impose penalties, not to exceed unspecified amounts, on a local jurisdiction for violation of a cannabis licensing agreement, and would require the bureau to deposit any penalties collected into the Cannabis Fines and Penalties Account. This bill, prior to expiration of the agreement, would require the local jurisdiction to either establish its own licensing and regulatory framework for commercial cannabis activity, or upon consent of the bureau, renew the agreement by ordinance or resolution. The bill would impose unspecified monetary penalties if the local jurisdiction or the bureau terminate the agreement prior to expiration. By requiring the bureau to pay a penalty to a local jurisdiction from the Cannabis Fines and Penalties Account, the bill would make an appropriation. Existing law places requirements on applicants for state cannabis licenses, including that an applicant with 20 or more employees provide a notarized statement that the applicant will enter into, or demonstrate that it has already entered into, and abide by the terms of a labor peace agreement. Existing law requires an applicant with less than 20 employees that has not yet entered into a labor peace agreement to provide a notarized statement as part of its application indicating that the applicant will enter into and abide by the terms of a labor peace agreement within 60 days of employing its 20th employee. Existing law requires an applicant to provide a statement, signed by the applicant under penalty of perjury, that the information is complete, true, and accurate. This bill, beginning January 1, 2022, instead would require that an applicant with 10 or more employees demonstrate that it has already entered into, and abides by the terms of, a labor peace agreement, and will maintain the labor peace agreement for the duration of the license. The bill, beginning January 1, 2022, would require an applicant with less than 10 employees that has not yet entered into a labor peace agreement to provide a notarized statement as part of its application indicating that the applicant will enter into, and abide by the terms of, a labor peace agreement within 60 days of employing its 10th employee and will maintain the labor peace agreement for the duration of the license. By expanding the crime of perjury, this bill would impose a state-mandated local program. Existing law, the California Cannabis Equity Act of 2018, requires the Bureau of Cannabis Control in the Department of Consumer Affairs to administer a grant program to assist with the development of a local jurisdiction's local equity program or to assist applicants and licensees in a local jurisdiction's equity program, and authorizes the bureau to provide technical assistance to the local equity program. This bill would require the bureau to establish a stakeholder oversight committee to ensure fair and equitable distribution of grants authorized under the act and to develop model guidelines for local equity programs. Existing law, the Compassionate Use Act of 1996, an initiative measure, enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election, prohibits prosecution for the possession or cultivation of marijuana of a patient or a patient's primary caregiver who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. Existing law, the Medical Marijuana Program Act, establishes a voluntary identification card program administered by the State Department of Public Health to exempt qualified patients who hold an identification card issued pursuant to the program, and the caregivers of those persons, from certain state criminal sanctions related to the possession, cultivation, transportation, processing, or use of limited amounts of marijuana, as specified. This bill would require the department to adopt regulations to ensure the affordable and timely access to identification cards issued under the act. 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. AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. This bill would declare that its provisions further the purposes and intent of AUMA.
Under existing law, murder in the first degree is punishable by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. Existing law provides for various specified special circumstances, including the murder of a peace officer, firefighter, or witness, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Existing law authorizes a judge to, in furtherance of justice, order an action to be dismissed. Existing law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance admitted by plea or found true by a jury or court, as specified. Existing law provides for amendment of these provisions by a 23 vote of each house of the Legislature. This bill would amend Proposition 115 by repealing the provision prohibiting a judge from striking a special circumstance. The bill would also authorize a judge, on the judge's own motion, upon the application of either party, or upon an application of a person who has been incarcerated 15 years or longer, and in the furtherance of justice, to order the dismissal of a special circumstance finding or admission in cases in which the sentence is life imprisonment without the possibility of parole and in which the person was 25 years of age or younger at the time of the offense that was the basis of the special circumstance finding or admission, as specified. The bill would require a judge, when exercising this discretion, to consider and put great weight on specified factors. The bill would prohibit the court from striking or dismissing a special circumstance if it would result in a sentence that does not require a determination that the person does not pose an unreasonable risk to public safety by the Board of Parole Hearings prior to release and the court finds by a preponderance of the evidence that the person would pose an immediate threat to public safety. The bill would require the court, upon dismissal of a special circumstance, to offer the survivor or survivors and surviving family members information about services to address their needs as related to the crime and case process, as specified. This bill would state that its provisions are severable.
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time homebuyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2022, which, if adopted, would authorize the issuance of bonds in the amount of $6,500,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to fund affordable rental housing and homeownership programs. The bill would state the intent of the Legislature to determine the allocation of those funds to specific programs. This bill would provide for submission of the bond act to the voters at the November 8, 2022, statewide general election in accordance with specified law.
Pursuant to constitutional authorization, existing property tax law provides a welfare exemption, pursuant to which property used exclusively for religious, hospital, scientific, or charitable purposes owned and operated by specified types of entities is exempt from taxation if it meets certain criteria, including that the property is used for the actual operation of the exempt activity, and does not exceed an amount of property reasonably necessary to the accomplishment of the exempt purpose. Under existing property tax law, property used exclusively for the charitable purposes of museums owned and operated by a religious, hospital, scientific, or charitable fund, foundation, limited liability company, or corporation that meets these criteria is deemed to be within the welfare exemption. Existing property tax law requires a person claiming the welfare exemption to file that claim with the assessor and obtain an organizational clearance certificate from the State Board of Equalization, as provided. This bill would define the term "museum" for these purposes. The bill would provide that property used exclusively for the charitable purposes of museums includes property that a museum makes available for special events, including private rental events for its individual or corporate members, that provide access to the museum's exhibitions, collections, or other educational offerings as part of the events, or that the museum makes available to other nonprofit or government organizations for charitable or governmental purposes, regardless of whether the museum charges any fee or receives charitable contributions in connection with those special events. The bill would further provide that these special event uses shall be considered related to the primary charitable purposes of museums and reasonably necessary or incidental to those purposes. By adding to the duties of assessors in administering the welfare exemption, 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 requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation. This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill. This bill would take effect immediately as a tax levy.
Existing law, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law establishes specified types of alcoholic beverage licenses and prescribes the rights and duties of the respective licensees. Existing law prohibits a person without the appropriate license from exercising a privilege or performing any act for which the license is required, and a violation of this prohibition is a misdemeanor or a felony, as specified. Existing law authorizes a licensed craft distiller to manufacture and produce distilled spirits, subject to specified conditions, including that the licensee manufacture no more than 150,000 gallons of distilled spirits per fiscal year and sell no more than 2.25 liters of prepackaged containers of the licensee's spirits per day per consumer. This bill would additionally authorize a licensed craft distiller to sell and ship distilled spirits directly to a California resident, who is at least 21 years of age, for the resident's personal use and not for resale, under specific conditions. This bill would also authorize a person currently licensed in another state as a craft distiller, or licensed in a similar manner, that obtains a distilled spirits direct shipper permit to sell and ship distilled spirits directly to a California resident, who is at least 21 years of age, for the resident's personal use and not for resale, under similar conditions. The bill would make a knowing violation of these provisions a misdemeanor. The bill would establish a new license type for a distilled spirits direct shipper permit (Type 89) and would set an application fee of $100 and an annual renewal fee of $25. By expanding the scope of an existing crime and creating a new crime, 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 no reimbursement is required by this act for a specified reason.
Existing law authorizes the State Energy Resources Conservation and Development Commission to prescribe, by regulation, energy efficiency standards, including appliance efficiency standards. This bill would make nonsubstantive revisions to these provisions.
Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, requires the theft of money, labor, or property to be considered petty theft, punishable as a misdemeanor by up to 6 months in county jail, a fine of up to $1,000, or both, whenever the value of the property taken does not exceed $950 or in other cases that are specifically defined as grand theft. This bill would define the crime of petty theft in the first degree as taking the property from the person of another or from a commercial establishment by means of force or fear without the use of a deadly weapon or great bodily injury. The bill would specifically exclude from the crime of petty theft in the first degree acting in concert with one or more persons to steal merchandise from one or more merchant's premises or online marketplace with the intent to sell, exchange, or return the merchandise for value. The bill would define the crime of petty theft in the 2nd degree as all other petty theft. The bill would impose a penalty of imprisonment in county jail for up to one year, a $1,000 fine, or both, for petty theft in the first degree and would prohibit an act of petty theft from being charged as robbery or burglary. By creating a new crime, this bill would impose a state-mandated local program. This bill would provide a means of vacating the sentence of, and resentencing, a currently incarcerated defendant who had been convicted of robbery, who was sentenced under an alternative sentencing scheme based on one or more prior convictions for robbery, or whose sentence includes an enhancement based on one or more prior convictions for robbery and who would not be convicted of robbery based on the changes made in this bill. The bill would also provide a means of vacating the sentence of, and resentencing, a person who had previously served a term of imprisonment for robbery and who would not be convicted of robbery based on the changes made in this bill. By requiring the participation of district attorneys and public defenders in the resentencing process, 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 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.
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 authorizes specified sheriff, police, and court employees to approve and accept bail in the amount fixed by the warrant of arrest, schedule of bail, or order admitting to bail. Existing law requires the superior court judges in each county to prepare, adopt, and annually revise a uniform countywide schedule of bail, as specified. This bill would require bail to be set at $0 for all offenses except, among others, serious or violent felonies, violations of specified protective orders, battery against a spouse, sex offenses, and driving under the influence. The bill would require the Judicial Council to prepare, adopt, and annually revise a bail schedule for the exempt offenses. The bill would state the intent of the Legislature to enact further changes to current law to ensure that a defendant is not detained pending trial simply due to an inability to pay for the amount of bail in the statewide schedule. The bill would prohibit costs relating to conditions of release on bail from being imposed on persons released on bail or on their own recognizance. The bill would require the sheriff, police, and court employees above to approve and accept bail in the amount fixed by the bail schedule. This bill would require the court to order a return of money or property paid to a bail bond licensee by or on behalf of the arrestee to obtain bail if the action or proceeding against the arrestee who has been admitted to bail is dismissed, no charges are filed against the arrestee within 60 days of arrest, or the arrestee has made all court appearances during the pendency of the action or proceeding against the arrestee, as specified. The bill would authorize the bail bond licensee to retain surcharge not to exceed 5% of the amount paid by the arrestee or on behalf of the arrestee. The bill would require the court to order this return of money or property only for a bail contract entered into on or after January 1, 2022.
(1) Existing law specifies the order in which statewide ballot measures are required to appear on the ballot, with referendum measures required to be last after all initiative measures. This bill would instead require initiative and referendum measures to appear in the order in which they qualify for the ballot. (2) The California Constitution provides that the electors may approve or reject a statute by referendum. Senate Constitutional Amendment 1 of the 2021–22 Regular Session, if approved by the voters, would require that the ballot for a referendum measure provide that a "Yes" vote is in favor of the referendum and rejects the statute or part of the statute subject to the referendum, and a "No" vote is against the referendum and approves the statute or part of the statute subject to the referendum, thus requiring a majority vote in favor of the referendum to reject the statute or part of the statute subject to the referendum. This bill would make conforming statutory changes contingent on the approval of the voters of SCA 1 of the 2021–22 Regular Session.