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 (EIR) 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. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA. CEQA requires a court to make specified orders if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA. This bill would establish specified procedures for the administrative and judicial review of the environmental review and approvals granted for the Oakland Sports and Mixed-Use Project, as defined, located in the City of Oakland that is certified by the Governor as meeting certain requirements. Because a public agency would be required to comply with those new procedures, this bill would impose a state-mandated local program. The bill would apply certain rules of court establishing procedures requiring actions or proceedings seeking judicial review pursuant to CEQA or the granting of project approvals, including any appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court to an action or proceeding seeking judicial review of the lead agency's action related to the Oakland Sports and Mixed-Use Project under CEQA. This bill would make legislative findings and declarations as to the necessity of a special statute for the Oakland Sports and Mixed-Use Project. 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.
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(1) Existing law establishes the system of public elementary and secondary schools in this state and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, including immigration status, equal rights and opportunities in the educational institutions of the state. This bill, contingent upon an appropriation made for these purposes, would require each school operated by a school district or county office of education and each charter school to annually provide in-service training to teachers of pupils in grades 7 to 12, inclusive, and to all other certificated employees at that school, on schoolsite and community resources for the support of lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) pupils as well as strategies to increase support for LGBTQ pupils and thereby improve overall school climate, as specified. To the extent the bill, upon implementation, would impose additional duties on public schools and local educational agencies, the bill would impose a state-mandated local program. (2) 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, the California Native American Graves Protection and Repatriation Act of 2001 (California act) , requires all agencies and museums that receive state funding that have possession or control over collections of California Native American human remains or cultural items, as defined, to inventory those remains and items for the identification and repatriation of the items to the appropriate Indian tribes. The California act states the intent of the Legislature to apply the state's repatriation policy consistent with the federal Native American Graves Protection and Repatriation Act (federal act) and to facilitate the implementation of the provisions of the federal act with respect to publicly funded agencies and museums in California. Existing law establishes the Native American Heritage Commission and vests the commission with specified powers and duties. 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, subject to such legislative control as may be necessary to insure the security of its funds, compliance with the terms of the endowments of the university, and certain competitive bidding procedures. This bill would require the regents, or their designee, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to establish and support a systemwide Native American Graves Protection and Repatriation Act Implementation and Oversight Committee, with specified membership, and, for any campus subject to the federal act, a campus implementation committee, with specified membership. The bill would require the regents, as a condition for using state funds to handle and maintain Native American human remains and cultural items, in consultation with the systemwide committee, to adopt and implement certain policies and procedures to better implement the federal act and to timely submit the policies and procedures to the Native American Heritage Commission for review and comment by July 1, 2019. The bill would make conforming changes to the powers and duties of the Native American Heritage Commission. The bill would require the regents, as a condition for using state funds to handle and maintain Native American human remains and cultural items, to ensure that the campus committees implement the policies and procedures adopted by the regents and reviewed by the Native American Heritage Commission. The bill would provide that, if the regents use state funds to handle and maintain Native American human remains and cultural items, all claims for repatriation or claims of any violation of the policies and procedures shall be submitted to the campus committee for determination and would require the regents to adopt procedures to support appeals and dispute resolution in cases where a tribe disagrees with a campus determination regarding repatriation or disposition of cultural items directly to the systemwide committee. The bill would require the California State Auditor to conduct an audit commencing in the year 2019 and again in 2021 regarding the University of California's compliance with the federal and California acts and to report its findings to the Legislature and to all other appropriate entities.
Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, homeless youth emergency service pilot projects, and Housing First and the Homeless Coordinating and Financing Council, to provide assistance to homeless persons. Existing law establishes the council to oversee the implementation of the Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. This bill would require the council to assume additional responsibilities, including setting specific, measurable goals aimed at preventing and ending homelessness among youth in the state and defining outcome measures and gathering data related to those goals. The bill would also require the council, in order to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness, to coordinate with certain stakeholders and, to the extent that funding is made available, provide technical assistance and program development support.
Existing law requires the governing board of each school district to adopt a local control and accountability plan and requires the governing board of a school district to update its local control and accountability plan before July 1 of each year. Existing law requires a local control and accountability plan to include, among other things, a description of the annual goals to be achieved for each state priority, as specified, for all pupils and certain subgroups of pupils. The state's delineated priorities include, among others, pupil achievement as measured by, and as applicable, among other things, the percentage of pupils who have successfully completed courses that satisfy the requirements for entrance to the University of California and the California State University, or career technical education sequences or programs of study that align with State Board of Education-approved career technical education standards and frameworks, as prescribed. This bill instead would require pupil achievement to be measured by, and as applicable, among other things required by existing law, the percentage of pupils who have successfully completed (1) courses that satisfy the requirements for entrance to the University of California and the California State University; (2) career technical education sequences or programs of study that align with state board-approved career technical education standards and frameworks, as prescribed; or (3) to the extent possible, both (1) and (2) . To the extent this bill would impose additional duties on school districts in regard to local control and accountability plans, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 52060 of the Education Code proposed by SB 874, AB 1840, and AB 2878, to be operative only if this bill and one or more of those bills 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, 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 Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs. Existing law designates the State Department of Education as the single state agency responsible for the promotion, development, and provision of care of children in the absence of their parents during the workday or while engaged in other activities that require assistance of a third party. Existing law requires the Superintendent of Public Instruction to administer general child care and development programs. This bill would require the Superintendent, subject to the availability of public or private funding for these purposes, on or before June 30, 2022, to develop and post on the department's Internet Web site, for use by the general public, an online portal for the state's comprehensive child care and development services, as provided. The bill would require the Superintendent, in planning for future enhancements to the online portal, to convene, on or before June 30, 2019, a workgroup made up of specified stakeholders. The bill would require the workgroup, on or before June 30, 2020, to evaluate and provide recommendations to the Superintendent on any necessary modifications or improvements to the online portal to ensure its improved effectiveness, including the consideration of possible models for, and plans for inclusion in the online portal of, specified components. The bill would require the Superintendent, on or before January 1, 2021, to submit to the appropriate committees of the Legislature a comprehensive plan for implementing the recommendations of the workgroup and a report that proposes plans for enhancements to the online portal based on the above recommendations from the workgroup, as provided.
Existing law prohibits specified conduct inside public buildings owned and occupied, or leased and occupied, by the state. Existing law provides that a judicial officer has the power to preserve and enforce order in judicial proceedings and to compel obedience to judicial orders, as specified. This bill would clarify the power of judicial officers to prevent activities that threaten access to courthouses, including by protecting the privilege from arrest. The bill would provide that no person shall be subject to civil arrest in a courthouse while attending a court proceeding or having legal business in the courthouse, and that a violation of these provisions constitutes contempt of court. The bill would also authorize the Attorney General to bring a civil action to obtain equitable and declaratory relief for a violation of this section, and it would allow a party in a successful action to enforce liability for a violation of this section to recover court costs and reasonable attorney's fees. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires a local educational agency to initiate and conduct meetings for the purposes of developing, reviewing, and revising the individualized education program of each individual with exceptional needs in accordance with federal law. Existing law requires the local educational agency to take any action necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for parents with deafness or whose native language is a language other than English. Existing law defines "parent" for purposes of these provisions to mean a biological or adoptive parent, a foster parent, a guardian generally authorized to act as the child's parent or authorized to make educational decisions for the child, an individual acting in the place of a biological or adoptive parent, or a surrogate parent, as specified. Existing law requires that a person who meets the definition of "parent," except for a surrogate parent, be determined to be the "parent" for purposes of these provisions if there is a judicial decree or order identifying that person, as specified. This bill would revise the definition of "parent" to specify that it also includes the educational rights holder and the conservator of a child. The bill would instead require that a person who meets the definition of "parent," including all categories of people included in that definition, be determined to be the "parent" for purposes of these provisions if there is a judicial decree or order identifying that person, as specified. The bill would instead require a local educational agency to take any action necessary to ensure that the parent understands the proceedings during the planning process for the individualized education program, including during the individualized education program team meeting. The bill would require this action to include, as applicable, communicating in the native language of the parent, or in another mode of communication used by the parent, arranging for an interpreter, providing translation services, and providing alternative communication services, as specified. The bill would require a local educational agency, upon request by a pupil's parent, to translate in the native language of the parent, or in another mode of communication used by the parent, the pupil's completed individualized education program, any revisions to the individualized education program, and certain documents discussed at an individualized education program team meeting. The bill would require, for a parent whose native language is one of the 8 most commonly spoken languages, as provided, excluding English, in a local educational agency, that the completed individualized education program and any revisions to the individualized education program be translated within 30 calendar days of that meeting or within 30 calendar days of a later request. The bill would require the documents to be translated by a qualified translator, as defined. The bill would require the State Department of Education to revise its notice of procedural safeguards, in English and in the primary languages for which the department has developed translated versions, to inform parents of their right to request the translation of these documents. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. Existing law defines "local educational agency" to include, among others, a nonprofit charter school participating as a member of a special education local plan area. The bill would revise the definition of "local educational agency" to include, among others, a charter school participating as a member of a special education local plan area. To the extent that this revision would impose duties on additional charter schools, 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, 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.
(1) Existing law authorizes cities, counties, and districts, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%. This bill would authorize the City of Berkeley to impose a transactions and use tax for general or specific purposes at a rate of no more than 0.5% that, in combination with other transactions and use taxes, would exceed the above-described combined rate limit of 2%, if the city adopts an ordinance proposing the tax and the ordinance proposing the tax is approved by the voters, subject to applicable voter approval requirements, as specified. (2) The North Lake Tahoe Transportation Authority Act authorizes the establishment of the North Lake Tahoe Transportation Authority within the County of Placer and authorizes that authority to levy a retail transactions and use tax following an election on the question, for a period of no more than 20 years and at a rate not to exceed a maximum tax rate of .50%. The authority is required to adopt a transportation expenditure plan prior to the election and to annually review and amend that plan, as specified. That act requires the authority to have a board of directors consisting of 5 members elected by the voters from within the district. The act additionally requires the North Tahoe Resort Association, prior to the authority levying a retail transactions and use tax, to function as an advisor to the authority, as specified. This bill would increase the number of years that the retail transaction and use tax may be levied by the North Lake Tahoe Transportation Authority to 30 years, and increase the maximum tax rate to 1%. The bill would revise the provisions related to the transportation expenditure plan and instead require the authority to adopt a transportation plan, as specified. The bill would expand the board of directors to 7 members, and instead provide that those members be appointed from various bodies within the boundaries of the district, as specified. This bill would repeal the requirement that the North Tahoe Resort Association function as an advisor to the authority. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Berkeley and the County of Placer.
Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law, enacted by the approval of Proposition 58 at the November 8, 2016, statewide general election, requires school districts and county offices of education to solicit input on and provide to pupils effective and appropriate instructional methods, including establishing language acquisition programs, in order to ensure that all pupils, including English learners and native speakers of English, have access to the core academic content standards and become proficient in English. This bill would establish the Pathways to Success Grant Program with the goal of providing pupils in preschool, transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, with dual language immersion programs, developmental bilingual programs for English learners, or early learning dual language learners programs, as those terms are defined. The bill would require the State Department of Education to administer the program and, commencing September 1, 2019, would require the department to award a minimum of 10 one-time grants of up to $300,000 per grant, to school districts and consortia of school districts in partnership with other specified entities. The bill would require the department to develop criteria for awarding the grants, and would require the department to consult with specified persons and entities in developing those criteria. The bill would authorize a school district or consortium to apply to the department to be eligible to receive a grant, as provided. The bill would require a school district or consortium that receives a grant to use it for specified purposes relating to dual language immersion programs, developmental bilingual programs for English learners, and early learning dual language learners programs. The bill would require the department, on or before June 30, 2025, to submit a report to the appropriate committees of the Legislature detailing the successes, best practices, barriers or constraints, and outcomes of school district and consortium programs funded with these grants. The bill would require its provisions to be implemented only upon an appropriation for its purposes in the annual Budget Act or other statute.