Existing law, the Banking Law, defines and regulates banks and commits the enforcement of banking laws to the Commissioner of Financial Protection and Innovation. Existing law, the California Credit Union Law, defines and regulates credit unions and commits enforcement of credit union laws to the commissioner. Existing law requires a bank or credit union subject to the examination authority of the commissioner to report annually, on or before March 1, to the commissioner on the amount of revenue earned from overdraft fees and nonsufficient funds fees, as defined, collected in the most recently completed calendar year and the percentage of that revenue as a proportion of the net income of the bank. This bill would prohibit certain banks and credit unions from charging a consumer a nonsufficient funds fee when the consumer's attempt to initiate a transaction is declined instantaneously or near instantaneously due to nonsufficient funds, as specified.
Sponsored bills
Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care and makes a willful violation of the act a crime. Existing federal law, the federal Employee Retirement Income Security Act of 1974 (ERISA) , authorizes multiple employer welfare arrangements (MEWAs) in which 2 or more employers join together to provide health care coverage for employees or to their beneficiaries. Existing law authorizes an association of employers to offer a large group health care service plan contract, consistent with ERISA, if certain requirements are met. Until January 1, 2026, existing law also authorizes an association of employers to offer a large group health care service plan contract to small group employer members of the association, consistent with ERISA, if certain requirements are met, including that the association is headquartered in this state, was established before March 23, 2010, and is the sponsor of a MEWA, and that the contract includes coverage of employees of an association member in the biomedical industry. This bill would authorize an association of employers to offer a large group health care service plan contract to small group employer members of the association, consistent with ERISA, if certain requirements are met, including that the association was established before January 1, 1966, and is the sponsor of a MEWA, and that the contract includes coverage of employees of an association member in the engineering, surveying, or design industry. The bill would require an association and MEWA to annually file evidence of ongoing compliance with those requirements in a manner specified by the department. This bill would require the department, on or before June 30, 2028, to provide the health policy committees of the Legislature with the most recent filings. The bill would require the department to conduct an analysis of the impacts of MEWAs on the small employer health insurance market, as specified, authorize the department to coordinate with the Department of Insurance for the analysis, require health care service plans, health insurers, and MEWAs to comply with requests for information, and require the department to post a report summarizing its analysis on its internet website on or before July 1, 2026. The bill, on or after June 1, 2025, would prohibit a plan from marketing, issuing, amending, renewing, or delivering large employer coverage to an association or MEWA that provides a benefit to a resident in this state unless the association and MEWA have registered and are in compliance with the requirements described above, or have filed applications for registration, as specified, that are pending with the department. The bill would authorize the department to issue guidance to health care service plans regarding these requirements, as specified. Because a willful violation of these provisions by a health care service plan would be a crime, the bill would impose a state-mandated local program. This bill would repeal these provisions on January 1, 2030. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. This bill would exempt from CEQA a change in use approved by a lead agency that is a park district or the Great Redwood Trail Agency to allow public access to preexisting paved and natural surface roads, preexisting trails, preexisting pathways, preexisting disturbed areas for vehicle parking, as specified, and rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail, in areas used exclusively for nonmotorized recreation, if certain conditions are met. The bill would require the lead agency to post notice of, and hold, a public meeting to consider and solicit public input on the change in use under consideration before making a determination to approve or carry out the change in use, as specified. The bill would require the lead agency, if the lead agency determines that a change in use is not subject to CEQA pursuant to this provision and determines to approve or carry out the activity, to file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk of the county in which the land is located, as provided. By imposing duties on public agencies related to the exemption, this bill would create a state-mandated local program. The bill would repeal these provisions on January 1, 2030. This bill would make legislative findings and declarations as to the necessity of a special statute for the Great Redwood Trail Agency. 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 requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require a city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee and would require the agency that imposes the fee to provide the fee schedule to the development proponent without delay. The bill would specify that the preliminary fee and exaction estimate is for informational purposes only and does not affect the scope, amount, or time of payment of any fee or exaction, as specified. (2) Existing law requires a public agency that receives an application for a development project to, within 30 calendar days, determine in writing whether the application is complete and immediately transmit its determination to the applicant for the development project, as specified. This bill would, upon final approval of a housing development project, require a city, county, or city and county to provide the development proponent with an itemized list and a good faith estimate of the total sum amount of all fees and exactions that will apply to the project within 30 business days of the above-described determination of completeness transmitted to the applicant. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the good faith estimate of the total sum amount of all fees and exactions imposed by the agency that will apply to the project, and would require the agency to provide the development proponent with this information within 30 business days. The bill would state that the itemized list and good faith estimate is for informational purposes, is not legally binding on the agency, and shall not be construed to affect the scope, amount, or time of payment of any fees or exactions applicable to the project pursuant to other law. (3) Existing law requires a city, county, or special district that has an internet website to make specified information available on its internet website, as applicable, including a current schedule of fees, exactions, affordability requirements it has imposed that are applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. Existing law requires a city or county to request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. This bill would clarify that these provisions may not be construed to impose any obligation on any entity, including a development proponent, other than a city, county, or special district, as specified. The bill would also require the request from the city or county for the total amount of fees and exactions associated with the project to clearly state that the request does not create any obligation to respond and that the development proponent will not be subjected to any consequences for not responding or for the content of a response. (4) 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. (5) By imposing new duties on local governments when receiving and reviewing certain development project applications, 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.
The California Constitution establishes certain conditions of employment for state officers and employees. The California Constitution further permits a temporary appointment to be made to a state position if there is not an employment list, and prohibits a person from serving under the position of temporary appointment for longer than 9 months in 12 consecutive months. Existing law establishes that it is the policy of the state that the normal workweek of permanent employees in fire suppression classes of the Department of Forestry and Fire Protection (CAL-FIRE) not exceed 84 hours per week. Existing law authorizes work in excess of the designated normal workweek to be compensated in cash or time off in accordance with department regulations. This bill would require the Department of Human Resources, the State Personnel Board, and any other relevant state agency to take the necessary actions to ensure that CAL-FIRE may employ seasonal firefighters for longer than 9 months in a consecutive 12-month period to confront emergency fire conditions and personnel shortages. The bill would require the Director of Forestry and Fire Protection, in any consecutive 12-month period, to make a determination about current staffing levels for firefighters, as prescribed, and would require Cal-FIRE to employ seasonal firefighters through the use of an employment list. The bill would require CAL-FIRE to notify specified legislative committees and the Legislative Analyst's Office within 30 days of the director's determination. The bill would require CAL-FIRE, beginning January 1, 2025, to work with the Department of Human Resources to implement these changes. The bill would also require the Legislative Analyst's Office to provide a report to the Legislature that assesses the impacts and outcomes of the new authority, as specified. The bill would repeal these provisions on January 1, 2031.
Existing law, the Bradley-Burns Uniform Local Sales and Use Tax Law, authorizes counties and cities to impose local sales and use taxes in conformity with the Sales and Use Tax Law, and existing laws authorize districts, as specified, to impose transactions and use taxes in accordance with the Transactions and Use Tax Law, which generally conforms to the Sales and Use Tax Law. Exemptions from state sales and use taxes are automatically incorporated into the local tax laws. Existing law, the Sales and Use Tax Law, imposes state taxes on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state, or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including a partial exemption from those taxes, on and after July 1, 2014, and before July 1, 2030, for the gross receipts from the sale of, and the storage, use, or other consumption of, qualified tangible personal property, as defined, that is, among other things, purchased by a qualified person for use primarily in manufacturing, processing, refining, fabricating, or recycling of tangible personal property, as specified, or purchased for use by a qualified person to be used primarily in research and development. Existing law prohibits the exemption described above from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. The Personal Income Tax Law and the Corporation Tax Law allow various credits against the taxes imposed by those laws. This bill would allow, for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a credit against those taxes to a taxpayer in an amount equal to the amount of tax reimbursement paid during the taxable year for sales tax on gross receipts that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. This bill would also allow for a taxable year beginning on or after January 1, 2025, and before January 1, 2030, a similar tax credit against those taxes to a taxpayer in an amount equal to the amount of use tax paid during the taxable year for storage, use, or other consumption that would be exempt from taxation under the Sales and Use Tax Law pursuant to the sales and use tax exemption described above but for the provision that prohibits that exemption from applying with respect to any tax levied by a county, city, or district pursuant to, or in accordance with, the Bradley-Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law, sales and use taxes imposed pursuant to certain provisions of the Sales and Use Tax Law, and sales and use taxes imposed pursuant to certain provisions of the California Constitution. This bill would require, on or before May 14, 2025, and annually thereafter, the Department of Finance to provide to the legislative budget committees an estimate of the amount of revenue that would not be realized if the credits described above were allowed for that taxable year and would provide that those credits are allowed only for taxable years for which the Legislature appropriates money in the Budget Act for the administration of those credits. Existing law requires any bill authorizing a new tax credit to contain, among other things, specific goals that the tax credit will achieve, detailed performance indicators, and data collection requirements. This bill would make specified findings detailing the goal of the above-described tax credit, performance indicators for determining whether the credit meets that goal, and data collection requirements. This bill would take effect immediately as a tax levy.
(1) Existing law, the California Credit Union Law, provides for the regulation of credit unions by the Commissioner of Financial Protection and Innovation, and specifies requirement for the management and operation of credit unions. Existing law specifies the manner of deposit for the savings capital of a credit union, prohibits a credit union from entering into an obligation with any official that exceeds 20% of the aggregate dollar amount of all savings capital, and prohibits a credit union policy from permitting a credit union to enter into obligations with a member where the total obligations of the member exceeds 10% of the aggregate dollar amount of the credit union's savings capital. A willful violation of the California Credit Union Law is a crime. This bill would define "savings capital" for purposes of those provisions. (2) Existing law grants specified powers to the board of directors of a credit union, including the power to approve new membership, determine the interest rate on obligations with members, and declare dividends on shares and determine the interest rate paid on certificates for funds. This bill would authorize the directors or their delegates to utilize an automated system to be used to establish membership eligibility pursuant to a written membership plan adopted by the board of directors if specified conditions are met, including that the automated system is regularly tested for compliance with specified provisions, including the credit union's field of membership, and applicable laws and regulations. The bill would authorize the board to delegate specified duties to an asset-liability management committee or similar committee, including the duty to determine the interest rate on obligations with members, declare dividends on shares and determine the interest rate paid on certificates for funds, and determine the dividend rates on share accounts, as specified. (3) Existing law authorizes a credit union to invest in the shares of stock of a corporation or limited liability company organized for the purposes of providing services to credit unions, provided the corporation or limited liability company is formed by a credit union. This bill would also authorize a credit union to invest in those entities if the corporation or limited liability company is formed by a corporation or limited liability company organized solely for the purpose of providing services to credit unions pursuant to the above specified provisions. The bill would define "credit union service organization." (4) Existing law prohibits an officer, director, or employee of a credit union from purchasing, or being interested in the purchase of, the credit union's assets for an amount less than their current market value. Existing law makes a person who violates that provision liable for each offense in a specified amount. This bill would revise the amount for which the person is liable. The bill would authorize a method for determining market value and would exclude from those prohibitions certain gifts from a credit union and the purchase of certain equipment or furnishings by an officer or director. (5) Existing law prohibits an officer, director, or employee of a credit union from purchasing, or being interested in the purchase of, the credit union's obligations for an amount less than their book value, unless specified requirements are met. Existing law makes a person who violates those provisions liable for each offense in a specified amount. This bill would revise the amount for which the person is liable. The bill would set forth a method for determining book value. (6) Existing law requires the members of a credit union to hold an annual meeting for the election of directors and certain committees and authorizes special meetings of members to be held upon order of the board of directors in accordance with specified notice and other requirements. This bill would authorize those meetings to be conducted by remote communication, as specified. By expanding the scope of a 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.
The Mitigation Fee Act regulates fees for development projects, fees for specific purposes, including water and sewer connection fees, and fees for solar energy systems, among others. The act, among other things, requires local agencies to comply with various conditions when imposing fees, extractions, or charges as a condition of approval of a proposed development or development project. The act prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except for utility service fees, which the local agency is authorized to collect at the time an application for utility service is received. The act exempts specified units in a residential development proposed by a nonprofit housing developer if the housing development meets certain conditions. This bill would limit the utility service fees exception described above to utility service fees related to connections, and cap those fees at the costs incurred by the utility provider resulting from the connection activities. The bill would extend the above-described exemption for those units in a residential development that meets those conditions to any housing developer. The act authorizes a local agency to require the payment sooner than the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, if specified conditions are met, including if the fees or charges are to reimburse the local agency for expenditures previously made. This bill would, for designated residential development projects, as defined, prohibit a local agency from requiring payment of fees or charges on the residential development for the construction of public improvements or facilities until the date the first certificate of occupancy or first temporary certificate of occupancy is issued, as specified. The bill would authorize the local agency to require the payment of those fees or charges at an earlier time if certain conditions are met, except as specified. For specified units, the bill would authorize a developer to guarantee payment of certain fees or charges by posting a performance bond or a letter of credit from a federally insured, recognized depository institution. If the developer does not post a performance bond or a letter of credit, the bill would authorize the city, county, or city and county to collect certain fees or charges in accordance with a specified procedure. If any fee or charge described above is not fully paid prior to issuance of a building permit, the act authorizes the local agency issuing the building permit to require the property owner to execute a contract to pay the fee or charge as a condition of issuance of the building permit, as specified. This bill would authorize the governing body of a local agency to authorize an officer or employee of the local agency to approve and execute contracts described above, and would require the local agency to post a model form of contract on its internet website, if it maintains an internet website, before requiring execution of a contract under the provisions described above.
The Mitigation Fee Act, among other things, imposes various requirements with respect to the establishment, increase, or imposition of a fee by a local agency as a condition of approval of a development project, including requiring the local agency to identify the use to which the fee is to be put, as specified. The act requires a local agency, upon receipt of a fee subject to these provisions, to deposit, invest, account for, and expend the fees as specified. For the 5th fiscal year following the first deposit into the account of fund, and every 5 years thereafter, the act requires the local agency to make prescribed findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted, including demonstrating a reasonable relationship between the fee and the purpose for which it is charged. The Planning and Zoning Law, among other things, authorizes the legislative body of a county or city to adopt ordinances to require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households or by persons and families of low or moderate income, as specified. Existing law establishes a process for the Department of Housing and Community Development to review certain types of these ordinances, subject to specified standards and procedures. This bill, commencing on January 1, 2026, would require a local agency that collects inclusionary housing in-lieu fees and has an internet website to annually post on its internet website the amount of those fees collected in the previous year and whether those fees are intended to be used for a project, if any. The bill would define "inclusionary housing in-lieu fees" to mean fees imposed as an alternative means of compliance with an inclusionary housing requirement. The bill, commencing on January 1, 2026, and every 5 years thereafter, would require a local agency that collects inclusionary housing in-lieu fees to post on its internet website the amount of those fees collected in the past 5 years and the project those fees were spent on. 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.
This measure would, among other things, urge the United States Congress and President Joseph R. Biden to fully fund the United States Environmental Protection Agency's Comprehensive Infrastructure Solution for the Tijuana River due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution and would urge President Joseph R. Biden to declare a national emergency due to those ongoing impacts.