The California Constitution establishes the Public Utilities Commission and authorizes the commission to exercise ratemaking and rulemaking authority over all public utilities, as defined, subject to control by the Legislature. The Public Utilities Act authorizes the commission to supervise and regulate every public utility, including electrical corporations, and to do all things that are necessary and convenient in the exercise of that power and jurisdiction. Existing law authorizes the commission to fix the rates and charges for every public utility and requires that those rates and charges be just and reasonable. Existing law authorizes the commission, in a proceeding on an application by an electrical corporation to recover costs and expenses arising from a catastrophic wildfire occurring on or after January 1, 2019, to allow cost recovery if the costs and expenses are just and reasonable, after consideration of the conduct of the utility, including consideration of specified factors. Existing law establishes the Wildfire Fund to pay eligible claims arising from a covered wildfire, as provided. Existing law requires the commission to initiate a rulemaking proceeding to consider using its existing authority to require certain electrical corporations to collect a nonbypassable charge from its ratepayers to support the Wildfire Fund, and requires the commission to direct those electrical corporations to collect that charge if the commission determines that the imposition of the charge is just and reasonable and that it is an appropriate exercise of its authority, as specified. This bill would enact the Wildfire Prevention and Community Resilience Act of 2020 and would require the Natural Resources Agency, in consultation with the commission, to adopt an interim expenditure plan and an expenditure plan that are focused on reducing wildfire risk on the ground and in communities through activities such as defensible space implementation, home hardening, improved public safety, including expenditures to add trained emergency medical technicians to the workforce, and other authorized activities, as well as to prepare residents for wildfires through public education and outreach, as provided. The bill would establish the Wildfire Prevention and Community Resilience Fund and, upon appropriation by the Legislature, would require moneys in the fund be used for the implementation of those plans. The bill would require the Secretary of the Natural Resources Agency, upon the adoption of the interim plan, to notify the State Controller of the adoption. The bill would require, within 30 days of the notification, the transfer of $500,000,000 from the Surplus Money Investment Fund to the Wildfire Prevention and Community Resilience Fund, and would appropriate the money to the Natural Resources Agency for the implementation of the interim expenditure plan. The bill would provide for the repayment of the moneys transferred from the Wildfire Prevention and Community Resilience Fund to the Surplus Money Investment Fund, as provided. The bill would require the commission to require large electrical corporations, as defined, to collect, on and after a specified time, a nonbypassable charge from their ratepayers, as provided, to finance the bonds issued for the support of the Wildfire Prevention and Community Resilience Fund, as described below. Existing law, until January 1, 2003, authorizes the Department of Water Resources to enter into contracts for the purchase of electric power. Existing law authorizes the department to sell power to retail end use customers and local publicly owned electric utilities under certain circumstances. Existing law authorizes the department to issue revenue bonds and entitles the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds and purchase electric power pursuant to these provisions. Existing law authorizes the department to issue Wildfire Fund bonds on and after either the date on which the department legally defeases all of its remaining bonds under the provisions described above or the date on which it pays those obligations in full at maturity, whichever is earlier, to support the Wildfire Fund. Existing law entitles the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds in support of the Wildfire Fund. Existing law requires those bond proceeds and revenues received by the department to be deposited in the Department of Water Resources Charge Fund. Existing law continuously appropriates the moneys in the Department of Water Resources Charge Fund to the department for specified purposes, including transfers to the Wildfire Fund and repayment of the bonds issued in support of the Wildfire Fund. This bill would authorize the department to issue bonds, in an aggregate amount of up to $3,000,000,000, the repayment of which, including interest, commences on the date on which the department has paid in full, at maturity, or legally defeases any outstanding bonds issued for the support of the Wildfire Fund or on January 1, 2036, whichever is later, to support the Wildfire Prevention and Community Resilience Fund. The bill would entitle the department to recover, as a revenue requirement, amounts necessary to enable it to finance the bonds in support of the Wildfire Prevention and Community Resilience Fund. The bill would require those bond proceeds and revenues received by the department to be deposited in the Department of Water Resources Charge Fund. The bill would continuously appropriate the moneys in the Department of Water Resources Charge Fund to the department for specified purposes, including transfers to the Wildfire Prevention and Community Resilience Fund and repayment of the bonds issued for the support of the Wildfire Prevention and Community Resilience Fund. Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain of the above provisions would be codified in the act and would require action by the commission, a violation of which would be a crime, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 3289 of the Public Utilities Code proposed by SB 350 to be operative only if this bill and SB 350 are enacted and this bill is enacted last. 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 bill would declare that it is to take effect immediately as an urgency statute.
Sponsored bills
Existing law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, prohibits a person from selling or otherwise furnishing tobacco products, as defined, to a person under 21 years of age. Existing law also prohibits the use of tobacco products in county offices of education, on charter school or school district property, or near a playground or youth sports event, as specified. This bill would prohibit a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer, as those terms are defined, except as specified. The bill would make a violation of this prohibition an infraction punishable by a fine of $250 for each violation. The bill would state the intent of the Legislature that these provisions do not preempt or prohibit the adoption and implementation of local ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by the bill, as specified. The bill would state that its provisions are severable. By creating a new crime, 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.
Existing law specifies certain rights and limitations for landlords and tenants subject to eviction and certain procedures for civil actions involving evictions. Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation, governed by a board of trustees. Existing law requires an attorney to maintain short-term deposits of client funds in an Interest On Lawyers' Trust Account (IOLTA) , and requires the interest and dividends earned on the account to be paid to the State Bar for the funding of certain programs that provide civil legal services without charge to indigent persons. Existing law requires the board of trustees to adopt regulations and procedures necessary to implement provisions, referred to as the Legal Services Trust Fund Program, that govern the funding of those programs. Existing administrative law establishes a Legal Services Trust Fund Commission to administer revenue from IOLTA and other funds remitted to the Legal Services Trust Fund Program. This bill would establish the Stable Communities Fund within the Legal Services Trust Fund Program, to be funded upon appropriation by the Legislature, and would require the State Bar, upon appropriation by the Legislature, to distribute moneys in the fund in the form of grants awarded on a competitive basis to certain nonprofit organizations, local governments, or local governmental agencies to provide specified education, outreach, and legal services related to eviction prevention, as specified. The bill would also require that short-term rental assistance be funded, upon appropriation by the Legislature, from the General Fund. The bill would require the State Bar to award the grants according to various criteria, including, among others, prohibiting an applicant from receiving funding from the Stable Communities Fund solely to provide rental assistance and requiring services to be provided at no cost to recipients. The bill would require a grantee to report annually to the State Bar on certain activities, services, and assistance funded by the grant, and would prohibit a grantee from using more than 10% of the allocation received from the Stable Communities Fund for administrative costs.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law requires the Secretary of Agriculture to approve retail food stores to accept CalFresh benefits through online transactions if the secretary implements this program after a required demonstration project. Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits through the use of the EBT system. This bill would require the department to convene a workgroup of interested stakeholders no later than February 1, 2021, to review online purchases using the EBT system, and to make recommendations to the department to ensure that consumer protections are in place for individuals making online purchases using the EBT system. The bill would also require the department to provide the workgroup technical assistance and assign staff to assist the workgroup in carrying out its responsibilities. The bill would authorize individual members of the workgroup, and any other stakeholder, to make additional recommendations on any item considered by the workgroup. The bill would require the department to review and analyze all recommendations and, by December 1, 2021, report to the Legislature regarding the recommendations. The bill would authorize the workgroup to continue meeting from January 1, 2022, to January 1, 2023, to develop recommendations on additional topics and assist the department, the Legislature, or both, on any topic relating to the EBT system.
Existing law imposes taxes upon income and real property, as well as taxes upon certain transactions and excise taxes. This bill would impose an annual tax at a rate of 0.4% of a resident of this state's worldwide net worth in excess of $30,000,000, or in excess of $15,000,000 in the case of a married taxpayer filing separately. The bill would describe worldwide net worth with reference to specific federal provisions and would provide that worldwide net worth does not include specific assets, including directly held real property or liabilities related to directly held real property. The bill would also authorize the Franchise Tax Board to adopt regulations to carry out these provisions, including regulations regarding the valuation of certain assets that are not publicly traded. Existing law requires the Franchise Tax Board to administer the Personal Income Tax Law. This bill would require the Franchise Tax Board to amend or create returns with regard to the Wealth Tax. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
The Personal Income Tax Law and California Constitution imposes taxes based upon taxable income of individuals, estates, and trusts at specified rates. This bill, for taxable years beginning on or after January 1, 2020, in addition to those taxes, would impose an additional tax of at the rates of 1%, 3%, and 3.5% on that portion of a taxpayer's taxable income over specified thresholds, as provided. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature. This bill would take effect immediately as a tax levy.
The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for its physical development, and the development of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law, the Permit Streamlining Act, among other things, requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. This bill would extend by 18 months the period for the expiration, effectuation, or utilization of a housing entitlement, as defined, that was issued before, and was in effect on, March 4, 2020, and that will expire before December 31, 2021, except as specified. The bill would toll this 18-month extension during any time that the housing entitlement is the subject of a legal challenge. The bill would also provide that if the state or a local agency extends, on or after March 4, 2020, but before the effective date of the bill, the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months and pursuant to the same conditions provided by this bill, that housing entitlement shall not be extended an additional 18 months pursuant to this bill. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. By adding to the duties of local officials with respect to housing entitlements, 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 confers a power of sale upon a mortgagee, trustee, or any other person to be exercised after a breach of the obligation for which the mortgage or transfer is a security. Existing law requires a trustee, mortgagee, or beneficiary to first file a record in the office of the recorder a notice of default, and establishes other requirements and procedures for completion of a foreclosure sale. This bill would prohibit a person from taking any action to foreclose on a residential real property while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 91 days after the state of emergency has ended, including, but not limited to, causing or conducting the sale of the real property or submitting for recordation a notice of default. Existing property tax law attaches taxes that are owed on that property as a lien against that property. Existing law generally requires the tax collector to attempt to sell residential property that has become tax defaulted 5 years or more after that property has become tax defaulted. This bill would require a tax collector to suspend the sale, and not attempt to sell, tax-defaulted properties while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 91 days after the state of emergency has ended. Existing law requires a county recorder to record any instrument, paper, or notice that is authorized or required to be recorded upon payment of proper fees and taxes. This bill would prohibit a party from submitting to a county recorder any instrument, paper, or notice that constitutes a notice of default, a notice of sale, or a trustee's deed upon sale for residential real property during the above-specified declared state of emergency relating to the COVID-19 virus. The bill would provide that any action for foreclosure on a mortgage or deed of trust of residential real property is stayed and the court may take no action unless the court finds that the action is required to further public health and safety and would extend the period for exercising rights, including right of redemption, until 90 days after the state of emergency ends. Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord in specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease. This bill would prohibit a party from submitting for filing a residential unlawful detainer complaint except to address issues of damage to the property, nuisance, or health and safety during the timeframe in which a state of emergency related to the COVID-19 virus is in effect and 91 days thereafter. The bill would prohibit a court from issuing a summons on a complaint for a residential unlawful detainer unless the court finds it is necessary to address damage to the property, nuisance, or health and safety, and would prohibit a court from entering a default or default judgment for restitution in an unlawful detainer action unless it is necessary to protect public health and safety. The bill would authorize a period of rent deferment of up to 12 months from 90 days after the state of emergency ends for a tenant who provides specified documentation to their landlord showing economic hardship resulting from COVID-19, including a substantial reduction in income or substantial out-of-pocket medical expenses. The bill would prohibit the imposition of late fees, fines, or interest during that time. The bill would make these provisions effective in a jurisdiction in which a state or locally declared state of emergency is in effect until 91 days after the state of emergency ends and would repeal these provisions on January 1, 2022. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would contain related findings regarding the economic hardships imposed by the COVID-19 virus. This bill would declare that it is to take effect immediately as an urgency statute. 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 imposes various fees contingent upon a criminal arrest, prosecution, or conviction for the cost of administering the criminal justice system, including administering probation and diversion programs, collecting restitution orders, processing arrests and citations, administering drug testing, and incarcerating inmates. This bill would repeal the authority to collect most of these fees, among others. The bill would make the unpaid balance of most court-imposed costs unenforceable and uncollectible and would require any portion of a judgment imposing those costs to be vacated. (2) Existing law allows the board of supervisors of any county to establish the office of the public defender and requires the public defender to defend, without expense to the defendant, any person who is not financially able to employ counsel and who is charged with the commission of a crime. Existing law allows the court to hold a hearing to determine whether a defendant owns an interest in real property or other assets and to impose a lien on the property. Upon conclusion of trial, existing law allows the court to make a determination of a defendant's present ability to pay all or a portion of the cost of the public defender. If the court finds that the defendant has the financial ability to pay, existing law requires the court to order the defendant to pay all or a part of the costs the court believes reasonable and compatible with the defendant's financial ability. This bill would delete the authority of the court to impose liens on the defendant's property and make a post-trial determination of the defendant's ability to pay and to order the defendant to pay the costs of the public defender. By requiring a county to provide a public defender without charge to a defendant who may have the ability to pay, this bill would impose a state-mandated local program. (3) Existing law allows the court to impose a civil assessment of up to $300 against a defendant who fails, after notice and without good cause, to appear in court or who fails to pay all or any portion of a fine ordered by the court. This bill would repeal the authority of the court to impose that assessment. (4) Existing law requires a person who has been convicted of driving a motor vehicle under the influence of an alcoholic beverage or drug to install an ignition interlock device on the vehicle that person operates. Existing law requires a manufacturer certified to provide ignition interlock devices to adopt a fee schedule for the payment of costs of the device in an amount commensurate with a defendant's ability to pay. Existing law requires that a person subject to this requirement pay a percentage of the cost of the ignition interlock device program, up to the full cost, based on the person's income. This bill would prohibit the person from being responsible for the costs of the certified ignition interlock device or servicing by the installer of the device. (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, 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.
The Warren-911-Emergency Assistance Act establishes the State 911 Advisory Board to advise the Office of Emergency Services on specified subjects relating to the state's 911 emergency telephone response system and to conduct specified hearings on a final plan on implementation. Under existing law, the board is comprised of 11 members who are appointed by, and serve at the pleasure of, the Governor, including 2 representatives appointed on the recommendation of the California Police Chiefs Association, 2 representatives appointed on the recommendation of the California State Sheriffs' Association, and 2 representatives appointed on the recommendation of the CalNENA Executive Board. Existing law also provides that members of the advisory board may not serve more than 2 consecutive 2-year terms except for (1) the presiding Chief of the California 911 Emergency Communications Office, who is required to serve for the duration of their tenure; and (2) 4 of the members who are required to serve an initial term of 3 years. This bill, commencing on June 1, 2021, would revise membership on the advisory board by (1) reducing one representative appointed on the recommendation of the California Police Chiefs Association, one representative appointed on the recommendation of the California State Sheriffs' Association, and one representative appointed on the recommendation of the CalNENA Executive Board, except that any member in those categories whose term began before June 1, 2021, may serve out their term as set forth in existing law at the pleasure of the Governor, and (2) adding one representative of the California Welfare Directors Association, one county public guardian, and one county mental health professional, all 3 of whom will serve at the pleasure of the Governor, as specified.