Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act and the Porter-Cologne Water Quality Control Act. This bill would require the board to, on or before August 1, 2025, establish regulations governing annual reporting by compliance entities, as defined, regarding waste discharges, as provided. The bill would require compliance entities to submit a report to the board by June 1, 2026, and annually thereafter on waste discharges and their locations, as provided. The bill would require, within 3 months of reporting to the board waste discharges that affect the quality of the water of the state within any region, any nonexempt compliance entity to prominently label any product sold in California whose production resulted in waste discharge contaminating California's water quality with a warning label, as specified. The bill would authorize the board to adopt regulations to seek administrative penalties for nonfiling, late filing, or other failures to meet the requirements of these provisions, and would require these penalties to be deposited into the California Water Quality and Public Health Impact Fund, which the bill would create. The bill would require the moneys in the fund to be used exclusively to mitigate the impacts of the contamination on waters of the state caused by the reported waste discharges. The bill would authorize the board to charge compliance entities a reasonable fee necessary to cover the board's reasonable costs of administering and implementing these provisions and to impose noncompliance penalties, not to exceed $1,000,000. The bill would exempt from these provisions certain discharge requirements prescribed by the state board or a regional board and permits issued by a state in accordance with a program approved by the United States Environmental Protection Agency pursuant to the federal Clean Water Act.
(1) Existing law establishes procedures by which a voter may request a recount of the votes cast in an election following completion of the official canvass. Under existing law, the voter or the campaign committee represented by the voter seeking the recount must, before the recount is commenced and at the beginning of each subsequent day, deposit with the elections official the amount of money required to cover the cost of the recount for that day. This bill would require any committee that provides a deposit to cover the cost of the recount, including a committee that is registered only with the Federal Election Commission, to identify the source of any contribution to that committee of at least $10,000 that is received during the period beginning with election day and continuing through a week after the recount ends. The bill would require an elections official, within 24 hours of receipt, to publish this information on the official's internet website, except as specified. (2) Existing law authorizes the Governor or Secretary of State, as applicable, to, within a specified time frame, order a state-funded manual recount of all votes cast for a statewide office if, among other things, the official canvass of returns in a statewide general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes is less than or equal to the lesser of 1,000 votes or 0.015% of the number of all votes cast for that office. This bill would require the Governor, within a specified time frame, to order a state-funded manual recount of all votes cast for State Senator, Member of the Assembly, or Member of the United States House of Representative if either 1) the official canvass of returns for a primary election shows that the difference in the number of votes received by the second and third place candidates is less than the greater of 25 votes or 0.25% of the number of all votes cast for that office, or 2) the official canvass of returns for a general election shows that the difference in the number of votes received by the two candidates receiving the greatest number of votes is less than the greater of 25 votes or 0.25% of the number of all votes cast for that office. The bill would require the recount to be conducted by means of the voting system originally used to cast or tabulate the votes subject to recount. The bill would authorize the Secretary of State to request, as part of the recount, an examination of specific categories of relevant materials, as defined, and it would permit specified interested parties to be present during the examination. By expanding the duties of county elections officials with respect to conducting recounts, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes the Department of Toxic Substances Control (DTSC) , in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations to establish management standards for metal shredding facilities for hazardous waste management activities within DTSC's jurisdiction, as provided. Existing law provides that treated metal shredder waste that is managed in accordance with those regulations is deemed to be solid waste, and not hazardous waste, as provided. This bill would repeal those provisions and would establish a comprehensive scheme for the regulation of metal shredding facilities. The bill would prohibit an owner or operator from operating a metal shredding facility, as defined, in the state unless they have a permit from DTSC or are deemed to have a permit. The bill would prescribe the requirements for obtaining a permit, for being deemed to have a permit, for operating a metal shredding facility, and for transporting certain materials related to metal shredding, as specified. The bill would provide that certain materials related to metal shredding are not hazardous waste if they meet specified requirements. The bill would require an owner or operator of a metal shredding facility to report to DTSC any release or threatened release of a hazardous substance and certain emergency situations, as specified. The bill would require an owner or operator of a metal shredding facility to submit to DTSC a closure plan and a cost estimate for closing the metal shredding facility, as specified. The bill would authorize DTSC to enforce these provisions by revoking permits and by other specified means. The bill would require DTSC to adopt regulations for the operation of metal shredding facilities. Existing law authorizes DTSC to collect an annual fee from all metal shredding facilities subject to the requirements of hazardous waste control laws or DTSC's management standards for metal shredding facilities, as provided. Existing law requires DTSC to adopt regulations necessary to administer the fee and authorizes DTSC to adopt those regulations using emergency procedures, as provided. Existing law requires the Controller to establish a separate subaccount in the Hazardous Waste Control Account and for all fees collected to be placed into that subaccount, to be available for expenditure by DTSC upon appropriation by the Legislature. This bill would instead authorize DTSC to collect those annual fees from metal shredding facilities subject to the provisions of this bill, as specified. The bill would require DTSC to adopt regulations necessary to administer the fee and would authorize DTSC to adopt the regulations using the same emergency procedures, as specified. The bill would require the Controller to establish a separate subaccount in the Hazardous Waste Control Account and would require all fees collected to be placed into that subaccount, to be available for expenditure by DTSC for purposes of implementation and administration of the provisions of the bill, upon appropriation by the Legislature. The bill would prohibit a local agency from deeming a metal shredding facility operating pursuant to these provisions to be conducting hazardous waste treatment or storage operations for purposes of making a land use decision. 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.
Existing law provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law requires the Director of Health Care Services to establish administrative appeal processes to review grievances or complaints arising from the findings of an audit or examination. Under existing law, if recovery of a disallowed payment has been made by the department, a provider who prevails in an appeal of that payment is entitled to interest at the rate equal to the monthly average received on investments in the Surplus Money Investment Fund, or simple interest at the rate of 7% per annum, whichever is higher. Under existing law, with exceptions, interest at that same rate is assessed against any unrecovered overpayment due to the department. In the case of an assessment against any unrecovered overpayment due to the department, this bill would authorize the department to waive the interest, as part of a repayment agreement entered into with the provider, if the unrecovered overpayment occurred 4 or more years before the issuance of the first statement of account status or demand for repayment, after taking into account specified factors, including the impact of the repayment amounts on the fiscal solvency of the provider, and whether the overpayment was caused by a policy change or departmental error that was not the fault of the billing provider.
Existing law, known as the Cartwright Act, generally regulates trusts, which the act defines as a combination of capital, skill, or acts by 2 or more persons for certain purposes, including to create or carry out restrictions in trade or commerce. If a violator of the act is a corporation, the act punishes the violator by a fine of the greater of an amount not more than $1,000,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, as prescribed. If a violator of the act is an individual, the act punishes the violator by imprisonment of one, 2, or 3 years in a state prison or county jail, as specified, imprisonment of not more than one year in a county jail, by a fine of not more than the greater of $250,000 and an amount related to the pecuniary gain from the violation or the pecuniary loss to another by the violation, or by both a fine and imprisonment. This bill would, on or after January 1, 2026, increase the fine described above with respect to corporate violators to $100,000,000. The bill would also increase the term of imprisonment in a state prison or county jail described above to not more than 10 years and would increase the fine described above with respect to an individual violator to $1,000,000. By increasing the maximum term an individual violator could serve in a county prison, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law grants a cause of action to a depicted individual, as defined, against a person who either (1) creates and intentionally discloses sexually explicit material if the person knows or reasonably should have known the depicted individual did not consent to its creation or disclosure or (2) intentionally discloses sexually explicit material that the person did not create if the person knows the depicted individual did not consent to its creation. Existing law also specifies that a victim of human trafficking may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. Existing federal law grants a cause of action to a person who, while a minor, was a victim of a violation of specified federal crimes and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor. This bill would allow a person who is depicted in certain sexual images when the person was less than 18 years of age to bring a civil action for specified damages and relief against a person or entity that distributes that material, as specified. The bill would require, in addition to any other damages awarded to a prevailing plaintiff, statutory damages of $200,000 to be paid by the defendant for failing to cease distribution of the material within 2 business days after notice of claimed infringement of these provisions was received by the defendant. The bill would require the operator of an online service or internet website that is available in California to list an agent for notification of claimed violation of these provisions, as specified. The bill would also require the operator to create a method to contact that agent for the purpose of reporting the erroneous removal of content, as specified. The bill would further require the operator to destroy material subject to these provisions if the operator has confirmed that any investigation related to that material has been completed. The bill would state that its provisions are severable.
The California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission or a local government, as provided. The act authorizes an appeal to the commission for any action taken by a local government on coastal development permit applications, as provided. The act requires the commission to hear the appeal and establishes specified appeal procedures, as provided. This bill would require the commission, on or before December 31, 2025, to provide a report to the Legislature that provides information regarding appeals of local government coastal development permits to the commission, including, among other things, the percentage of local government coastal development permit actions that were appealed to the commission.
Existing law, the Political Reform Act of 1974, prohibits a public officer from expending, and a candidate from accepting, public moneys for the purpose of seeking elective office. This bill would permit a public officer or candidate to expend or accept public moneys for the purpose of seeking elective office if the state or a local governmental entity established a dedicated fund for this purpose, as specified. The bill would prohibit the public moneys for this dedicated fund from being taken from public moneys that are earmarked for education, transportation, or public safety. This restriction would not apply to charter cities. The Political Reform Act of 1974, an initiative measure, provides that the act may be amended by a statute that becomes effective upon approval of the voters. This bill would require the Secretary of State to submit the provisions of the bill to the voters for approval at the November 5, 2024, general statewide election, as specified.
Existing law requires a tax return filed with the California Department of Tax and Fee Administration (CDTFA) that reports gross receipts for sales and use tax purposes to segregate the gross receipts of the seller and the sales price of the property on a line or a separate form when the place of sale in this state or for use in this state is on or within the real property of a state-designated fair, as defined, or any real property of a state-designated fair that is leased to another party. Existing law requires, on or before November 1 of each year, the CDTFA to report to the Department of Finance the amount of the total gross receipts segregated on these tax returns for the prior fiscal year, and that 34 of 1% of the total gross receipts be included in the next annual Governor's Budget for use by the Department of Food and Agriculture for allocation to fairs and that those funds be transferred by the Controller to the Fair and Exposition Fund, which is continuously appropriated, as prescribed. This bill would instead increase the amount of the total gross receipts required to be included in the next annual Governor's Budget for use by the Department of Food and Agriculture and transferred to the Fair and Exposition Fund, as specified, from 34 of 1% to 3%. The bill would make other nonsubstantive changes regarding appropriations to the department for fairs.
Existing law generally regulates formation and enforcement of contracts, including what constitutes an unlawful contract. Existing law provides that, except as provided, a contract entered into on or after January 1, 2018, to transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat is void as against public policy. Existing law provides that a contract entered into on or after January 1, 2018, for the lease of a dog or cat that provides for or offers the option of transferring ownership of the dog or cat at the end of the lease term is void as against public policy. This bill would provide that a contract entered into on or after January 1, 2025, to transfer ownership of a dog or cat that is offered, negotiated, brokered, or otherwise arranged by a broker and where the buyer is located in California is void as against public policy if specified conditions are met, including that the contract requires a nonrefundable deposit. The bill would require a contract entered into on or after January 1, 2025, between a broker and a buyer who is located in California to include specified information, including that the broker is required to disclose the original source of the dog or cat involved in the contract. The bill would authorize any court of competent jurisdiction to enjoin a person who offers a contract that contains a term that violates the above-described provisions. The bill would authorize a buyer harmed by a violation to bring a civil action pursuant to that provision against any person in violation of the above-described provisions, and would entitle a prevailing plaintiff to reasonable attorney's fees and costs. The bill would require, if money has been exchanged pursuant to a contract that is void pursuant to these provisions, the seller to refund the money to the buyer within 30 days of receiving notice that the contract is void. The bill would specify that nothing in its provisions are to be construed to limit a contract for the transfer of ownership of an animal trained as a service animal or police dog, and would define various terms for these purposes.
Existing law imposes requirements on, and authorizes procedures for, public contracting for equipment and services, among other things, by local and state agencies. Existing law authorizes certain procurements to be facilitated through a lowest responsible bidder requirement. This bill would authorize a public entity, as defined, to award contracts through a best value procurement method, as described, for the purchase of goods with a base value of $250,000 or more. The bill would require the public entity to adopt and publish procedures and guidelines for evaluating the qualifications of the bidders to ensure the best value selections are conducted in a fair and impartial manner, as described. The bill would authorize the procedures and guidelines to include the adoption of a high road jobs plan policy that evaluates bidders' high road jobs plan commitments as part of the overall score for the public contract, as specified. This bill would require the solicitation document to include certain information and would direct the public entity to use a scoring method based on price and the factors described in the solicitation document, as specified. The bill would require the public entity to let any contract for these projects to the selected bidder that represents the best value or reject all bids. The bill would also authorize a public entity to award all contracts for the purchase of municipal fleets by using a best value procurement method, as specified.
Existing law requires an urban retail water supplier to calculate its urban water use objective no later than January 1, 2024, and by January 1 every year thereafter, and to be composed of the sum of specified data, including aggregate residential water use. Existing law requires each urban retail water supplier's water use objective to be composed of the sum of specified aggregate estimates, including efficient outdoor irrigation of landscape areas with dedicated irrigation meters or equivalent technology in connection with water used by commercial water users, industrial water users, institutional water users, and large landscape water users (CII) . Existing law requires an urban retail water supplier to submit reports to the Department of Water Resources, as provided, by the same dates. This bill would require the department to, no later than January 1, 2035, conduct necessary studies and investigations regarding the efficiency performance of newly constructed residential landscapes and landscape areas with dedicated irrigation meters in connection with CII water use, as specified. The bill would require the department, if appropriate, to recommend to the State Water Resources Control Board for adoption a revised standard for existing residential landscapes and landscape areas with dedicated irrigation meters in connection with CII water use regarding an ongoing performance standard for those water uses. This bill would require the department to update methodologies and criteria for calculating residential and CII landscape areas and to determine landscape area measurements within each urban retail water supplier's service area by January 1, 2028, and once every 5 years thereafter, as specified, and post the data on its internet website. The bill would specify that an urban retail water supplier, in its calculations of its urban water use objectives, shall include aggregate indoor and outdoor residential water use. The bill would require, as part of the report to be submitted in 2026, each urban retail water supplier to provide a narrative that describes the water demand management measures that the supplier plans to implement to achieve its urban water use objective by January 1, 2030. Existing law authorizes the board, on or after January 1, 2024, to issue informational orders pertaining to water production, water use, and water conservation to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2025, to issue a written notice to an urban retail water supplier that does not meet its urban water use objective. Existing law authorizes the board, on and after January 1, 2026, to issue a conservation order to an urban retail water supplier that does not meet its urban water use objective. This bill would instead extend the time until the board is authorized to issue informational orders to on or after January 1, 2026, issue a written notice to on or after January 1, 2027, and issue a conservation order to on or after January 1, 2028. Existing law requires the department, in coordination with the board, to submit a report to the Legislature on the progress of urban retail water suppliers towards achieving their urban water use objective on or before January 1, 2028. The bill would instead require the report to be submitted to the Legislature on or before January 1, 2030. Existing law provides that it is the intent of the Legislature that the chairperson of the board and the director of the department appear before the appropriate policy committees of both houses of the Legislature on or around January 1, 2026, and report on the implementation of the water use efficiency standards and water use reporting. This bill would extend this date to not later than July 1, 2031. Existing law provides that an urban retail water supplier who violates certain regulations after November 1, 2027, may be liable for specified penalties, as provided. This bill would instead provide that urban retail water suppliers may be liable for specified penalties for violating those regulations after November 1, 2029. Existing law, the Administrative Procedure Act, sets forth the requirements for the adoption, publication, review, and implementation of regulations by state agencies. This bill would require the board to enact emergency regulation, as specified, in accordance with the provisions of the act.
