Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Existing law requires, among other things, that a statement of the default containing specific information be mailed to the trustor or mortgagor at that person's last known address. If the deed of trust or mortgage containing a power of sale is secured by real property containing from 1 to 4 single-family residences, existing law requires the notice of sale to contain specified notices to potential bidders and to the property owner in substantially prescribed language. This bill, until January 1, 2026, would require the notice of sale also to contain a specified notice to a tenant regarding the tenant's potential right to purchase a property containing from 1 to 4 single-family residences pursuant to a process the bill would prescribe. In connection with these properties, the bill would also require a trustee to maintain an internet website and a telephone number to provide specified information on the properties that is free of charge and available 24 hours a day, 7 days a week. Existing law, with regard to the exercise of a power of sale under a mortgage or deed of trust, requires the sale to be held in the county where the property or some part of it is situated and to be made at auction, to the highest bidder, as specified. Existing law generally requires that if the property consists of several lots or parcels, they are to be sold separately unless the deed of trust or mortgage provides otherwise. This bill, until January 1, 2026, for purposes of the exercise of a power of sale as described above, would prohibit a trustee from bundling properties for the purpose of sale, instead requiring each property to be bid on separately, unless the deed of trust or mortgage provides otherwise. Existing law prescribes certain requirements for bids made at a trustee sale, authorizes a trustee to require bidders at these sales to satisfy certain conditions, and specifies when a trustee sale becomes final. This bill, until January 1, 2026, would prescribe an alternative process in connection with a trustee's sale of property under a power of sale contained in a deed of trust or mortgage on real property containing 1 to 4 residential units. In this process, if a prospective owner occupant, as defined, is the last highest bidder, the date upon which specified conditions required of the bidder at the trustee sale to become final are met. The bill would require the trustee to require the prospective owner occupant to provide certain information confirming the owner occupant's status. If a prospective owner occupant is not the last highest bidder, the bill would grant eligible tenant buyers, as defined, and other eligible bidders, as defined, certain rights and priorities to make bids on the property after the initial trustee sale and potentially to purchase it as the last and highest bidder, subject to certain requirements and timelines. The bill would prescribe duties for trustees in connection with this process that would be performed if an owner occupant is not the last highest bidder. This bill would state that specified provisions related to mortgages and deeds of trust do not relieve a person who is deemed the legal owner of property when a trustee's deed is recorded from complying with applicable law regarding the eviction or displacement of tenants, including requirements for the provision of relocation assistance and just cause eviction. Existing law specifically requires the owner of vacant residential property purchased at a foreclosure sale, or acquired through foreclosure under a mortgage or deed of trust, to maintain that property. Existing law authorizes a governmental entity to impose a civil fine of up to $1,000 for each day that the owner fails to maintain the property, subject to the owner being given notice and an opportunity to cure the violation, as specified. Existing law requires the entity levying the fine to provide a period of not less than 30 days for the legal owner to remedy the violation prior to imposing a civil fine. This bill would increase the above-described civil fine to up to $2,000 per day for the first 30 days, and up to a maximum of $5,000 per day thereafter, subject to the discretion of the governmental entity levying the fine. The bill would require the entity to provide notice of intent to assess a civil fine if the legal owner does not commence action to remedy the violation, notify the entity of that action, and complete the action within certain periods to be determined by the entity, subject to specified minimum lengths of time. This bill would incorporate additional changes to Section 2924f of the Civil Code proposed by SB 1148 to be operative only if this bill and SB 1148 are enacted and this bill is enacted last. If this bill and SB 1148 are enacted and SB 1148 is enacted last, this bill would make inoperative provisions that otherwise would be added by this bill, to be operative January 1, 2026, that would be inconsistent with the additional changes to Section 2924f of the Civil Code proposed by SB 1148.
Sponsored bills
Existing law, the California Community Care Facilities Act, provides for the licensing and regulation by the State Department of Social Services of community care facilities. Under existing law, community care facilities include, among others, various types of adult residential facilities. Existing law also provides for the regulation by the department of residential care facilities for persons with chronic life-threatening illness. This bill would require an applicant or licensee of an adult community care facility or a residential care facility for persons with chronic life-threatening illness to maintain an email address of record with the department and notify the department in writing of the email address and any change to that address, as specified. Existing regulations of the department define an "adult residential facility" as a facility of any capacity that provides 24-hour-a-day nonmedical care and supervision to persons 18 to 59 years of age, inclusive, and, under specified conditions, to persons 60 years of age and older. Existing law requires the licensee of an adult residential facility that has submitted a closure plan to inform the city and county in which the facility is located of the proposed closure, including whether the licensee intends to sell the property or business, no later than 180 days before the proposed closure, as specified. Under existing law, a violation of the act is a misdemeanor. Existing law separately licenses and regulates residential care facilities for the elderly (RCFE) , which provide housing and other specified services for persons 60 years of age and older. Among other things, existing law requires an RCFE, prior to transferring a resident to another facility or to an independent living arrangement as a result of the forfeiture of a license or change in use of the facility, to take all reasonable steps to transfer affected residents safely, and minimize possible trauma by taking specified actions relating to resident notification and transfer and relocation planning, as prescribed, including providing written notice to the resident or the resident's responsible person 60 days prior to the eviction. Among other provisions, existing law requires an RCFE, if 7 or more residents of the facility will be transferred as a result of the forfeiture of a license or the change in the use of a facility, to submit a proposed closure plan for the affected residents to the department for review, and requires the department to approve or disapprove the plan. Existing law requires an RCFE to refund to a resident any paid preadmission fees, according to a prescribed schedule. Existing law imposes civil penalties for a violation of these requirements by an RCFE, of $100 per violation per day. Existing law requires the licensee of an RCFE to notify the city and county in which the facility is located, current residents, and other designated parties, in writing, of specified events relating to the facility and the licensee. This bill would establish similar procedures and requirements for the licensee of a licensed adult residential facility when notifying the city and county of a proposed closure or other event, and when transferring a resident of the facility to another facility or to an independent living arrangement as a result of the forfeiture of a license or a closure of the facility for another reason. The bill would additionally give the city or county the first opportunity to make an offer to purchase the property and continue the operation of the adult residential facility within 60 days after a licensee who is also the owner has notified the city or county of an intent to sell the property, as specified. The bill would authorize the city or county to either take over operation of the facility under those circumstances, or enter into a long-term lease for its operation with a nonprofit or for-profit entity with a history of providing adult residential facility services, as specified. The bill would require a lease entered into pursuant to the bill to include a requirement that the lessee maintain licensure of the property as an adult residential facility. Because a violation of the bill's requirements by certain residential facilities would be a misdemeanor, 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 a specified reason.
This measure would rename the fourth bore of the Caldecott Tunnel the Representative Ellen O'Kane Tauscher Memorial Bore. The measure would request the Department of Transportation to determine the cost of erecting appropriate signs showing this special designation and, upon receiving sufficient donations from nonstate sources to cover that cost, to erect those signs.
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use plastic straws. The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. Existing law makes a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by 2020. This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would impose a comprehensive regulatory scheme on producers, retailers, and wholesalers of single-use packaging, as defined, and priority single-use products, as defined, made partially or entirely of plastic, to be administered by the department. As part of that regulatory scheme, the bill would require producers, as defined, (A) to source reduce, to the maximum extent feasible, single-use packaging and priority single-use products, and (B) to ensure that all single-use packaging and priority single-use products that are manufactured on or after January 1, 2032, and that are offered for sale, sold, distributed, or imported in or into the state are recyclable or compostable. The bill would require the department to achieve and maintain, by January 1, 2032, a statewide 75% reduction of the waste generated from single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state through source reduction, recycling, or composting. The bill would require the department, by January 1, 2025, to adopt regulations to implement the act and, before adopting the regulations, to conduct extensive outreach, as prescribed, and to identify and evaluate specified provisions for potential inclusion in the regulations. The bill would require the department to establish a Circular Economy and Waste Pollution Reduction Panel for the purpose of identifying barriers and solutions to creating a circular economy consistent with the act. The regulatory scheme would include, among other requirements, registration, reporting, and recordkeeping requirements. The bill would require reports and data provided to the department pursuant to the act to be accurate and attested to under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would prohibit a retailer or wholesaler, as defined, from offering for sale or selling single-use packaging, products packaged in single-use packaging, or priority single-use products if the producer of the single-use packaging or priority single-use product is listed as noncompliant for that packaging or product category on the department's internet website on a list that the bill would require the department to post, as specified. The bill would prohibit certain online marketplaces, upon notification from the department, from allowing on the online marketplaces the offering for sale, sale, or distribution into the state of single-use packaging, a product packaged in single-use packaging, or a priority single-use product if the product or packaging is identified as noncompliant with the act in the notice provided by the department. The bill would require the department to develop criteria to determine whether the packaging or priority single-use products are reusable, recyclable, or compostable. The bill would authorize local governments, solid waste facilities, recycling facilities, and composting facilities to provide information requested by the department for purposes of developing that criteria. The bill would require single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state by a producer to meet specified recycling rates that are based on date of manufacture and that increase over a prescribed timeframe, and would authorize the department to impose a higher or lower recycling rate for packaging or product categories, as specified. The bill would require the department to establish and post on its internet website a list of packaging and product categories, and current recycling rates being achieved in the state for those packaging and product categories, as specified. The bill would require the department to adopt regulations containing specified provisions authorizing the establishment of a stewardship program. The bill would authorize producers to collectively form one or more stewardship organizations that adopt a stewardship plan as an alternative to individually complying with the above-referenced comprehensive regulatory scheme. The bill would require the department to establish, and a producer to remit to the California Department of Tax and Fee Administration, the California circular economy regulatory fee. The bill would require the department to set the amount of the regulatory fee at no more than is necessary to cover the reasonable regulatory costs of the above-referenced comprehensive regulatory scheme and stewardship program, and would authorize a stewardship organization to pay the regulatory fee on behalf of its member producers, as specified. The bill would require the California Department of Tax and Fee Administration to collect the regulatory fee in accordance with the Fee Collection Procedures Law, as prescribed. The bill would require the regulatory fees to be deposited into the California Circular Economy Fund, which the bill would create. The bill would provide that moneys in the fund shall be available upon appropriation by the Legislature to the department to fund the regulatory activities of the act and to the California Department of Tax and Fee Administration for expenses incurred in the collection of the regulatory fee. The bill would require the department to report to the Legislature every 2 years its progress in implementing the act. The bill would provide for exceptions to, and enforcement of, the act, including authorizing the department to impose an administrative civil penalty in an amount not to exceed $50,000 per day per violation, except as specified, on an entity that is not in compliance with the act's requirements. The bill would require the department to deposit collected penalties into the Circular Economy Penalty Account, which the bill would create. The bill would provide that moneys in the account shall be available upon appropriation by the Legislature for purposes that further the act. (2) The California Integrated Waste Management Act of 1989 requires each city and county, and each regional agency formed pursuant to the act, to develop a source reduction and recycling element of an integrated waste management plan to divert 50% of all solid waste, through source reduction, recycling, and composting activities. This bill would prohibit a city, county, city and county, or other local public agency from requiring a grocery store, as defined, to use a certain type of food packaging for any food sold in the grocery store unless the majority of residential households within the jurisdiction of the local agency have access to a curbside program, as defined, that accepts the material from which that food packaging is made. The bill would also prohibit those local agencies from requiring a grocery store to use a food packaging container that does not meet specified criteria. The bill would repeal these provisions as of January 1, 2032. (3) The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires an out-of-state vendor shipping beer into the state to hold a certificate of compliance granted by the department, as prescribed. The act authorizes the department to suspend or revoke the certificate of compliance, as specified, if an out-of-state vendor, after obtaining the certificate, fails to submit a certain monthly report or fails to comply with a particular provision of the California Beverage Container Recycling and Litter Reduction Act. This bill would authorize the department to suspend or revoke the certificate of compliance of an out-of-state vendor that fails to comply with the California Circular Economy and Plastic Pollution Reduction Act. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) 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.
(1) Existing law, known as the Vehicle Leasing Act, specifies requirements for contracts for leases of motor vehicles, including the requirement that the contract contain prescribed information regarding the motor vehicle and the terms of the lease. This bill would authorize an electric mobility manufacturer to enter into a business transaction, consumer transaction, or government transaction, as those terms are defined, with a consumer for use of an electric mobility manufacturer vehicle and any other membership benefits in exchange for a membership fee or membership initiation fee. The bill would require a membership agreement between an electric mobility manufacturer and a consumer to include specified information, including, but not limited to, a statement of the terms and conditions for the right to use the electric mobility manufacturer vehicle. This bill would require an electric mobility manufacturer to obtain specified information from a consumer before providing the consumer with an electric mobility manufacturer vehicle, including proof that the consumer has valid insurance or elects to purchase insurance and a copy of the consumer's valid driver's license. The bill would require an electric mobility manufacturer to ensure an electric mobility manufacturer vehicle is registered with the relevant state and local agencies and all fees necessary to operate the vehicle are paid. This bill would limit the maximum liability of a consumer resulting from damage to an electric mobility manufacturer vehicle in their possession, as specified. The bill would, except as specified, prohibit an electric mobility manufacturer from disclosing identifiable personal information, utilizing electronic tracking information, or disabling a vehicle by using keyless entry technology. This bill would subject any electric mobility manufacturer that violates any of these provisions to a civil penalty of not less than $100, and not to exceed $2,000, in addition to actual damages plus reasonable attorney's fees and costs, as specified. (2) Existing law establishes a New Motor Vehicle Board that regulates the activities or practices of a new motor vehicle dealer, manufacturer, manufacturer branch, distributor, distributor branch, or representative. Existing law requires licensing by the Department of Motor Vehicles to perform these activities for specified types of vehicles. Existing law generally requires a manufacturer, manufacturer branch, remanufacturer, remanufacturer branch, distributor, distributor branch, transporter, or dealer of vehicles of a type subject to registration, or snowmobiles, motorcycles, all-terrain vehicles, or trailers of a type subject to identification, to make an application to the department for a license containing a general distinguishing number, and prohibits a person from acting in that capacity without having first been issued that license or temporary permit by the department. This bill would require an electric mobility manufacturer to obtain the above-described vehicle manufacturer license, which would authorize an electric mobility manufacturer to enter into business, consumer, and government transactions with consumers in this state pursuant to a membership agreement. Existing law, the Consumer Automotive Recall Safety Act, generally prohibits an applicable dealer or rental car company, as defined, from loaning, renting, or offering for loan or rent a vehicle subject to a manufacturer's recall after receiving a notice of the recall, as specified, until the vehicle has been repaired. This bill would make an electric mobility manufacturer subject to the Consumer Automotive Recall Safety Act and other requirements relating to recalls and consumer notifications and would require an electric mobility manufacturer to adhere to prescribed standards, including sending a written notice to each consumer in possession of an electric mobility manufacturer vehicle. This bill would specify that these provisions only apply to electric mobility manufacturers.
(1) Existing law makes peace officer and custodial officer personnel records and specified records maintained by any state or local agency, or information obtained from these records, confidential and prohibits these records from being disclosed in any criminal or civil proceeding except by discovery. Existing law sets forth exceptions to this policy, including, among others, records relating to specified incidents involving the discharge of a firearm, sexual assault, perjury, or misconduct by a peace officer or custodial officer. Existing law makes a record related to an incident involving the use of force against a person resulting in death or great bodily injury subject to disclosure. Existing law requires a state or local agency to make these excepted records available for inspection pursuant to the California Public Records Act. This bill would, commencing July 1, 2021, make every incident involving use of force to make a member of the public comply with an officer, force that is unreasonable, or excessive force subject to disclosure. The bill would, commencing July 1, 2021, require records relating to sustained findings of unlawful arrests and unlawful searches to be subject to disclosure. The bill would, commencing July 1, 2021, also require the disclosure of records relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct involving prejudice or discrimination on the basis of specified protected classes. The bill would require the retention of all complaints currently in the possession of a department or agency for a period of at least 30 years if they are related to a sustained finding of specified conduct. The bill would require that records relating to an incident in which an officer resigned before an investigation is completed to also be subject to release. The bill would require records subject to disclosure to be provided at the earliest possible time and no later than 45 days from the date of a request for their disclosure, except as specified. The bill would impose a civil fine not to exceed $1,000 per day for each day beyond 30 days that records subject to disclosure are not disclosed. The bill would entitle a member of the public who successfully files suit for the release of records to twice the party's reasonable costs and attorney's fees. By imposing additional duties on local law enforcement agencies, this bill would impose a state-mandated local program. (2) Existing law authorizes an agency to delay the release of a record involving the discharge of a firearm or the use of force during an active criminal investigation, as provided. This bill would expand the authorization to delay the release of records during an investigation to include records of incidents involving sexual assault and dishonesty by officers, and the records of incidents involving prejudice or discrimination, wrongful arrests, and wrongful searches that are required to be made public by this bill. (3) Existing law requires a court, in determining the relevance of evidence, to exclude from trial any information consisting of complaints concerning peace officer conduct that is more than 5 years older than the subject of the litigation. This bill would delete that provision. (4) Existing law requires an agency or department employing peace officers to make a record of any investigations of misconduct. Existing law requires a peace officer seeking employment with a department or agency to give written permission to the hiring agency or department to view that file. This bill would require each department or agency to request and review that file prior to hiring a peace officer. The bill would also require every person employed as a peace officer to immediately report all uses of force by the officer to the officer's department or agency. By imposing additional duties on local law enforcement, this bill would impose a state-mandated local program. (5) This bill would incorporate additional changes to Section 1045 of the Evidence Code proposed by SB 1220 to be operative only if this bill and SB 1220 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by SB 731 to be operative only if this bill and SB 731 are enacted and this bill is enacted last. (6) 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.
This measure would extend to the people of the regional states of Amhara, Oromia, Somali, the Southern Nations, Nationalities, and Peoples' Region, and Tigray an invitation to join with California in sister state relationships.
Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The California Constitution grants to the regents all the powers necessary or convenient for the effective administration of this public trust. Pursuant to the California Constitution, there are 7 ex officio members of the regents and 18 appointive members appointed by the Governor and approved by the Senate, a majority of the membership concurring. This measure would enact the University of California Equal Employment Opportunity Standards Act, which would, effective January 1, 2021, except as specified, require the regents to ensure that all contract workers, as defined, who are paid to perform support services for students, faculty, patients, or the general public at any campus, dining hall, medical center, clinic, research facility, laboratory, or other university location, are at all times subject to and afforded the same equal employment opportunity standards, as defined, as university employees performing similar services. The measure would authorize the regents, or any campus or other entity of the University of California, to contract for, or otherwise arrange to use, contract labor, as defined, to perform support services only under specified conditions, only if authorized to do so by statute, and only to the extent necessary to address one or more of prescribed needs. The measure would authorize the Legislature to enact statutes to further the purposes of, and to aid the enforcement of, this measure.
(1) The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste, including, among other solid waste, single-use plastic straws. The Sustainable Packaging for the State of California Act of 2018 prohibits a food service facility located in a state-owned facility, operating on or acting as a concessionaire on state property, or under contract to provide food service to a state agency from dispensing prepared food using a type of food service packaging unless the type of food service packaging is on a list that the department publishes and maintains on its internet website that contains types of approved food service packaging that are reusable, recyclable, or compostable. Existing law makes a legislative declaration that it is the policy goal of the state that not less than 75% of solid waste generated be source reduced, recycled, or composted by 2020. This bill would enact the California Circular Economy and Plastic Pollution Reduction Act, which would impose a comprehensive regulatory scheme on producers, retailers, and wholesalers of single-use packaging, as defined, and priority single-use products, as defined, made partially or entirely of plastic, to be administered by the department. As part of that regulatory scheme, the bill would require producers, as defined, (A) to source reduce, to the maximum extent feasible, single-use packaging and priority single-use products, and (B) to ensure that all single-use packaging and priority single-use products that are manufactured on or after January 1, 2032, and that are offered for sale, sold, distributed, or imported in or into the state are recyclable or compostable. The bill would require the department to achieve and maintain, by January 1, 2032, a statewide 75% reduction of the waste generated from single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state through source reduction, recycling, or composting. The bill would require the department, by January 1, 2025, to adopt regulations to implement the act and, before adopting the regulations, to conduct extensive outreach, as prescribed, and to identify and evaluate specified provisions for potential inclusion in the regulations. The bill would require the department to establish a Circular Economy and Waste Pollution Reduction Panel for the purpose of identifying barriers and solutions to creating a circular economy consistent with the act. The regulatory scheme would include, among other requirements, registration, reporting, and recordkeeping requirements. The bill would require reports and data provided to the department pursuant to the act to be accurate and attested to under penalty of perjury, thereby imposing a state-mandated local program by expanding the crime of perjury. The bill would prohibit a retailer or wholesaler, as defined, from offering for sale or selling single-use packaging, products packaged in single-use packaging, or priority single-use products if the producer of the single-use packaging or priority single-use product is listed as noncompliant for that packaging or product category on the department's internet website on a list that the bill would require the department to post, as specified. The bill would prohibit certain online marketplaces, upon notification from the department, from allowing on the online marketplaces the offering for sale, sale, or distribution into the state of single-use packaging, a product packaged in single-use packaging, or a priority single-use product if the product or packaging is identified as noncompliant with the act in the notice provided by the department. The bill would require the department to develop criteria to determine whether the packaging or priority single-use products are reusable, recyclable, or compostable. The bill would authorize local governments, solid waste facilities, recycling facilities, and composting facilities to provide information requested by the department for purposes of developing that criteria. The bill would require single-use packaging and priority single-use products offered for sale, sold, distributed, or imported in or into the state by a producer to meet specified recycling rates that are based on date of manufacture and that increase over a prescribed timeframe, and would authorize the department to impose a higher or lower recycling rate for packaging or product categories, as specified. The bill would require the department to establish and post on its internet website a list of packaging and product categories, and current recycling rates being achieved in the state for those packaging and product categories, as specified. The bill would require the department to adopt regulations containing specified provisions authorizing the establishment of a stewardship program. The bill would authorize producers to collectively form one or more stewardship organizations that adopt a stewardship plan as an alternative to individually complying with the above-referenced comprehensive regulatory scheme. The bill would require the department to establish, and a producer to remit to the California Department of Tax and Fee Administration, the California circular economy regulatory fee. The bill would require the department to set the amount of the regulatory fee at no more than is necessary to cover the reasonable regulatory costs of the above-referenced comprehensive regulatory scheme and stewardship program, and would authorize a stewardship organization to pay the regulatory fee on behalf of its member producers, as specified. The bill would require the California Department of Tax and Fee Administration to collect the regulatory fee in accordance with the Fee Collection Procedures Law, as prescribed. The bill would require the regulatory fees to be deposited into the California Circular Economy Fund, which the bill would create. The bill would provide that moneys in the fund shall be available upon appropriation by the Legislature to the department to fund the regulatory activities of the act and to the California Department of Tax and Fee Administration for expenses incurred in the collection of the regulatory fee. The bill would require the department to report to the Legislature every 2 years its progress in implementing the act. The bill would provide for exceptions to, and enforcement of, the act, including authorizing the department to impose an administrative civil penalty in an amount not to exceed $50,000 per day per violation, except as specified, on an entity that is not in compliance with the act's requirements. The bill would require the department to deposit collected penalties into the Circular Economy Penalty Account, which the bill would create. The bill would provide that moneys in the account shall be available upon appropriation by the Legislature for purposes that further the act. (2) The California Integrated Waste Management Act of 1989 requires each city and county, and each regional agency formed pursuant to the act, to develop a source reduction and recycling element of an integrated waste management plan to divert 50% of all solid waste, through source reduction, recycling, and composting activities. This bill would prohibit a city, county, city and county, or other local public agency from requiring a grocery store, as defined, to use a certain type of food packaging for any food sold in the grocery store unless the majority of residential households within the jurisdiction of the local agency have access to a curbside program, as defined, that accepts the material from which that food packaging is made. The bill would also prohibit those local agencies from requiring a grocery store to use a food packaging container that does not meet specified criteria. The bill would repeal these provisions as of January 1, 2032. (3) The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act requires an out-of-state vendor shipping beer into the state to hold a certificate of compliance granted by the department, as prescribed. The act authorizes the department to suspend or revoke the certificate of compliance, as specified, if an out-of-state vendor, after obtaining the certificate, fails to submit a certain monthly report or fails to comply with a particular provision of the California Beverage Container Recycling and Litter Reduction Act. This bill would authorize the department to suspend or revoke the certificate of compliance of an out-of-state vendor that fails to comply with the California Circular Economy and Plastic Pollution Reduction Act. (4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (5) 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.
(1) Existing law, known as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development in the city or county with a density bonus and other incentives or concessions for the production of lower income housing units, or for the donation of land within the development, if the developer agrees to, among other things, construct a specified percentage of units for very low income, low-income, or moderate-income households or qualifying residents, including lower income students. Existing law requires the amount of a density bonus and the number of incentives or concessions a qualifying developer receives to be pursuant to a certain formula based on the total number of units in the housing development, excluding the units added by a density bonus awarded pursuant to the Density Bonus Law or any local law granting a greater density bonus. This bill would require a unit designated to satisfy the inclusionary zoning requirements of a city or county to be included in the total number of units on which a density bonus and the number of incentives or concessions are based. The bill would require a city or county to grant one incentive or concession for a student housing development project that will include at least 20% of the total units for lower income students. (2) Existing law requires a city or county to grant a density bonus and certain incentives or concessions if the developer agrees to construct a common interest development that will contain a specified percentage of units for persons and families of moderate income, as specified, if all units in the development are offered to the public for purchase. This bill instead would require a city or county to grant that density bonus and those incentives or concessions if the developer agrees to construct a housing development that will contain that specified percentage of units for persons and families of low or moderate income, as specified. (3) Existing law requires the planning agency of the city or county to provide to the department, the Office of Planning and Research, and the legislative body of the city or county, by April 1 of each year, an annual report that includes, among other things, the city or county's progress in meeting its share of the regional housing needs. This bill would require the planning agency to include in that report the number of units in a student housing development for lower income students for which the developer was granted a density bonus. (4) Existing law authorizes a city or county to refuse a concession or incentive if the city or county makes a written finding, based upon substantial evidence that the concession or incentive would have a specified adverse impact on public health and safety, the physical environment, or real property listed in the California Register of Historical Resources. This bill would remove the specified adverse impact on the physical environment from the list of reasons for which a city or county is authorized to refuse a concession or incentive. Existing law prohibits a city or county from applying any development standard that will have the effect of physically precluding the construction of a development meeting the criteria for a density bonus at the densities or with the concessions or incentives permitted by certain provisions of the Density Bonus Law. Existing law authorizes an applicant to submit to a city or county a proposal for the waiver or reduction of such a development standard and to request a meeting with the city or county, and requires a court to award reasonable attorney's fees and costs of suit to the plaintiff if the court finds that the refusal to grant a waiver or reduction violates certain provisions of the Density Bonus Law. Existing law prohibits these provisions from being interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specified adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. This bill would remove the specified impact upon the physical environment from the limitations on the above-described requirement that a local government waive or reduce development standards. This bill would make findings and declarations related to the modifications to the Density Bonus Law made by this bill. (5) This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 168 and AB 2345 to be operative only if this bill and either or both AB 168 and AB 2345 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2345 to be operative only if this bill and AB 2345 are enacted and this bill is enacted last. (6) 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.