Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Existing law, until January 1, 2026, prescribes a process in connection with a trustee's sale of property under a power of sale contained in a deed of trust or mortgage on real property containing one to 4 residential units, inclusive, that provides specified bidding priorities to certain parties, including prospective owner-occupants. This bill would prescribe requirements that would apply to sales of real property containing one to 4 residential dwelling units, inclusive, that is acquired through foreclosure under a mortgage or deed of trust by an institution or that is acquired at a foreclosure sale by an institution, as defined. The bill would require the institution, during the first 30 days after a property is listed, as specified, to only accept offers from eligible bidders, as defined, and to respond, in writing, to all offers received from eligible bidders before considering any other offers. This bill would require an eligible bidder to submit an affidavit or declaration, as specified, with their offer to an institution. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would also prohibit an institution from conducting a bundled sale, as defined. 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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Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law authorizes the commission to impose a surcharge, until December 31, 2032, to collect up to $150,000,000 per year for deposit into the CASF. Existing law requires the commission to establish specified accounts within the CASF, including the Broadband Infrastructure Grant Account to fund the deployment of broadband infrastructure and the Federal Funding Account to fund last-mile broadband projects, as specified. This bill would expressly authorize otherwise eligible wireless broadband service providers to receive funding from the Broadband Infrastructure Grant Account and the Federal Funding Account. The bill would, for purposes of the Federal Funding Account, require the commission to review completed applications within a review period, to document the basis for denial of an application, to authorize the amendment and resubmission of denied applications for consideration in a future review period, and to periodically establish an application deadline. The bill would, for purposes of the Federal Funding Account, authorize the commission to adopt affordability requirements for a recipient of a grant. This bill would incorporate additional changes to Section 281 of the Public Utilities Code proposed by AB 1426 to be operative only if this bill and AB 1426 are enacted and this bill is enacted last. 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 the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be 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. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. Existing law prohibits an insurer from executing an undertaking of bail except by and through a person holding a bail license, as specified. Existing law provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Under existing law, bail licenses include bail agent licenses, bail permittee licenses, and bail solicitor licenses. Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor. This bill would, commencing July 1, 2023, include bail fugitive recovery agent licenses in the list of bail licenses and would prohibit a person from performing the activities of a bail fugitive recovery agent unless the person holds a license, as specified. The bill would exempt an individual holding a bail agent's, bail permittee's, or bail solicitor's license from a bail fugitive recovery agent's licensing requirements. (2) Existing law permits a bail agent licensee to solicit, negotiate, and effect undertakings of bail on behalf of any surety insurer while an unrevoked notice of appointment, as specified, has been filed. Existing law requires a bail agent licensee to file with the commissioner a surety bond of $1,000. This bill would, commencing July 1, 2023, require a bail fugitive recovery agent to file with the commissioner a surety bond of $1,000 and a policy of liability insurance with minimum limits of $1,000,000. The bill would require the Insurance Commissioner to delay the implementation of the liability insurance requirement, if there is either a reasonable lack of availability or affordability, or both, of liability insurance. The bill would exempt bail agents, bail permittees, and bail solicitors who are applying for a bail fugitive recovery agent license from these filing provisions if they have a current surety bond and liability insurance policy on file with the commissioner. (3) Existing law requires an applicant for a license to act as a bail agent to file with the commissioner a notice of appointment executed by a surety insurer or its authorized representative authorizing that applicant to execute undertakings of bail and to solicit and negotiate those undertakings on its behalf. Existing law allows a notice of appointment to continue in force until the occurrence of 3 specified events. This bill would, commencing July 1, 2023, also require an applicant for a bail fugitive recovery agent's license to file a notice of appointment with the commissioner, and would allow a notice of appointment to continue in force until the termination of a bail fugitive recovery agent's license, the end of the license term, as specified, or the filing of a notice of termination by the bail agent, the insurer, or the bail fugitive recovery agent. The bill would exempt bail agents and bail permittees, who apply for a bail fugitive recovery agent license, from these provisions if they have one or more surety appointments on file with the commissioner and the surety or sureties have authorized the bail agent or bail permittee to work as a bail fugitive recovery agent. The bill would require a bail fugitive recovery agent to disclose to the department that they are also a bail agent, permittee, or solicitor, on their license application and renewal and to carry specified identification cards. The bill would prohibit a person convicted of a felony from being a bail licensee, unless the person is licensed pursuant to statute. (4) Existing law allows the commissioner to issue a temporary license to the executor or administrator of a deceased holder of a bail agent's or bail permittee's license. This bill would, commencing July 1, 2023, allow the commissioner to issue a temporary license to the executor or administrator of the estate of a deceased holder of a bail fugitive recovery person's license. (5) Existing law requires the commissioner to charge and collect specified fees for an application for a new or renewed bail license by a bail agent, bail permittee, or bail solicitor. Under existing law, the fee for an application or request for a bail agent's or bail solicitor's license is $283. Existing law establishes the fee for a bail permittee's license at $567, and establishes other fees for renewal applications, fictitious name statements, bond filings, and amendments of applications, as specified. This bill would increase the application fee for a bail agent's or bail solicitor's license to $311. The bill would also increase the application fee for a bail permittee's license to $624. The bill would increase the fees to file other applications and documents, as specified. The bill would, commencing July 1, 2023, require the commissioner to collect an annual fee of $311 to file an application for a bail fugitive recovery person's license and an annual fee of $94 for a bail fugitive recovery agent's renewal application. (6) Existing law requires the commissioner to publish and maintain a list of holders of certain licenses, as specified. This bill would, commencing July 1, 2023, require the commissioner to publish and maintain a list of holders of bail fugitive recovery person's licenses on the department's internet website, along with the license numbers. (7) Existing law requires certain persons contracting their services as a bail fugitive recovery agent and certain licensees who engage in the arrest of a defendant to comply with various requirements, including being at least 18 years of age and completing various courses and classes. This bill would, commencing July 1, 2023, require a bail fugitive recovery agent, a bail agent, a bail permittee, or bail solicitor who contracts their services as a bail fugitive recovery person and a bail agent, bail permittee, or bail solicitor who engages in the arrest of a defendant to instead comply with specified provisions of the Insurance Code and any regulations promulgated by the commissioner. (8) Existing law requires an applicant, prior to taking an examination for a bail license, to complete a minimum of 20 hours of classroom education pertaining to the duties and responsibilities of a bail licensee. Existing law requires a licensee to complete in each 2-year license term not fewer than 12 hours of continuing education in these subjects prior to renewal of their license. The bill would, commencing July 1, 2023, include an additional requirement, prior to taking an examination for a bail license, of completing a 40-hour power of arrest course, and would clarify that the completion of the course would be for educational purposes only and not intended to confer the power of arrest unless the person is employed by a governmental agency to make arrests. The bill would require a bail fugitive recovery agent and a bail agent, who hires, trains, or designates assignments for bail fugitive recovery agents, to complete the 40-hour power of arrest course. (9) Existing law prohibits a person, other than a certified law enforcement officer, to apprehend, detain, or arrest a bail fugitive unless the person is a specified bail licensee, bail fugitive recovery agent, a private investigator licensed in this state, or holds a specified license in another state. Existing law makes a violation of the Bail Fugitive Recovery Persons Act a misdemeanor, punishable by a fine of $5,000, or imprisonment in a county jail not to exceed one year, or both that fine and imprisonment. This bill would, commencing July 1, 2023, limit that authority to apprehend, detain, or arrest a bail fugitive to a specified bail licensee and a private investigator licensed in this state who are also bail fugitive recovery agents. The bill would prohibit a bail licensee and a private investigator who are licensed in another state from apprehending, arresting, or detaining a bail fugitive in this state, unless they obtain a bail fugitive recovery agent license in this state and comply with the laws of this state. By increasing the scope of an existing crime and by creating a new crime, the bill would impose a state-mandated local program. (10) 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 Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit. The bill would apply these provisions only to a permit application for no more than 2 additional bedrooms within an existing dwelling unit. The bill would specify that these provisions are not to be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities. By imposing additional duties on local officials, 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 Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards. This bill would create the Affordable Housing and High Road Jobs Act of 2022, which would authorize a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program. This bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. The bill would require a development proponent for a development of 50 or more housing units approved by a local government pursuant to the above-described provisions to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-approved apprenticeship program, and to make specified health care expenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local government that they are in compliance with those requirements. The bill would subject the development proponent and the construction contractors and subcontractors to specified civil penalties for failing to comply with those requirements, and would require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to receive ministerial or streamlined approval. Because the bill would impose new duties on local governments, the bill would impose a state-mandated local program. This bill would require the Department of Housing and Community Development to undertake specified studies of the outcomes of the Affordable Housing and High Road Jobs Act of 2022, to publish reports on the findings of those studies, to post the reports on its internet website, and to submit the reports to the Legislature. This bill would repeal the provisions of the Affordable Housing and High Road Jobs Act of 2022 on January 1, 2033. The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law also requires a planning agency to provide a specified annual report after the legislative body has adopted all or part of a general plan. This bill would require the annual report to include specified information about applications for housing developments submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022. The Planning and Zoning Law also requires the Department of Housing and Community Development to notify the city, county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. This bill would add the Affordable Housing and High Road Jobs Act of 2022 to that list of housing laws. 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. 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 does not apply to the approval of ministerial projects. This bill would define "use by right" for purposes of the Affordable Housing and High Road Jobs Act of 2022, in part, as a development project that is not a project for purposes of CEQA, and the approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA. This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 1743, AB 2094, and AB 2653, to be operative only if this bill and any one or a combination of AB 1743, AB 2094, and AB 2653, are enacted, and this bill is enacted last, as described. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2097 and AB 2653 to be operative only if this bill and either or both of AB 2097 and AB 2653 are enacted, and this bill is enacted last, as described. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would make its provisions operative on July 1, 2023.
Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase an agricultural product grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the California-grown agricultural product is comparable. Existing law also requires the institutions, when they solicit or intend to accept a bid or price for agricultural products grown outside the state, to accept the bid or price from a vendor that packs or processes these agricultural products in the state before accepting a bid or price from a vendor that packs or processes these agricultural products outside of the state when specified conditions are met, including that the bid or price of the agricultural product grown outside the state and packed or processed in the state does not exceed by more than 5% the lowest bid or price for the agricultural product packed or processed outside the state. Existing law requires a school district that solicits bids for the purchase of an agricultural product to accept a bid or price for that agricultural product when it is grown in California before accepting a bid or price for an agricultural product that is grown outside the state when the bid or price of the California-grown agricultural product does not exceed the lowest bid or price for an agricultural product produced outside the state and the quality of the California-grown agricultural product is comparable. Under existing law, these provisions only apply to a contract to purchase agricultural products for a value that is less than the value of the threshold for supplies and services for which California has obligated itself under the Agreement on Government Procurement of the World Trade Organization. This bill would revise and recast these provisions. The bill would instead require a California state-owned or state-run institution that purchases agricultural food products, as defined, to implement necessary practices to achieve a goal of ensuring that at least 60% of the agricultural food products that it purchases in a calendar year are grown or produced in the state by December 31, 2025. The bill would provide that this goal does not apply to local educational agencies and the segments of public postsecondary education. The bill would change the above-described requirement for school districts to apply to the purchase of a domestic agricultural food product that is grown outside the state, instead of an agricultural product that is grown outside of the state, and would expand the application of this requirement from school districts to local educational agencies. The bill would eliminate the above-described preference for in-state vendors. The bill would provide that the bill's provisions neither limit nor expand California's obligations under the Agreement on Government Procurement of the World Trade Organization. By creating new duties for local educational agencies, 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 provides for the regulation of recreational water use, as specified, including, but not limited to, swimming pools and wave pools. Existing law establishes applicable construction and sanitation standards for public swimming pools, and standards pertaining to their operation, maintenance, and use. Existing law, the Permanent Amusement Ride Safety Inspection Program, provides for a state system for the inspection of permanent amusement rides, as defined. This bill would subject a wave basin, defined as an artificially constructed body of water within an impervious water containment structure incorporating the use of a mechanical device principally designed to generate waves for surfing on a surfboard or analogous surfing device commonly used in the ocean and intended for sport, to regulation as a permanent amusement ride under the Permanent Amusement Ride Safety Inspection Program. The bill would require the State Department of Public Health to adopt regulations that may consider the federal Centers for Disease Control and Prevention guidance and that may be modeled upon the sanitation and safety regulations for swimming pools, but shall consider the unique characteristics of a wave basin, including the volume of water, chemical dispersion caused by wave action, and the size of a typical wave basin. The bill would authorize a local health officer to enforce the wave basin sanitation and safety regulations adopted by the department in their jurisdiction.
Existing law establishes an Independent System Operator (ISO) as a nonprofit public benefit corporation, and requires the ISO to ensure the efficient use and reliable operation of the electrical transmission grid consistent with the achievement of planning and operating reserve criteria, as specified. The California Constitution establishes the Public Utilities Commission (PUC) , with jurisdiction over all public utilities, including electrical and gas corporations. The California Constitution grants the PUC certain general powers over all public utilities, subject to control by the Legislature. The Public Utilities Act requires the PUC to identify a diverse and balanced portfolio of resources needed to ensure a reliable electricity supply that provides optimal integration of renewable energy in a cost-effective manner. The act also requires the PUC, in consultation with the State Energy Resources Conservation and Development Commission (Energy Commission) , to identify all potentially achievable cost-effective electricity efficiency savings and establish efficiency targets for an electrical corporation, as specified. This bill would require the PUC, on or before January 15, 2023, to request the ISO to identify the highest priority transmission facilities that are needed to allow for increased transmission capacity into local capacity areas to deliver renewable energy resources or zero-carbon resources that are expected to be developed by 2035 into those areas and to consider whether to approve the identified transmission projects as part of the ISO's 2022–23 transmission planning process. The bill would require the PUC, in consultation with the Energy Commission, to provide transmission-focused guidance to the ISO about resource portfolios of expected future renewable energy resources and zero-carbon resources, as specified, to allow the ISO to identify and approve transmission facilities needed to interconnect resources and reliably serve the needs of load centers. The bill would express the policy of the state that planning for new transmission facilities considers the goals of minimizing the risk of wildfire and increasing systemwide reliability and cost efficiency, among other goals. 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 the provisions of this bill would be a part of the act and because a violation of an order or decision of the commission implementing its requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. 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, the Alcoholic Beverage Control Act, which is administered by the Department of Alcoholic Beverage Control, regulates the application, issuance, and suspension of alcoholic beverage licenses. Existing law, known as tied-house restrictions, generally prohibits specified licensees, or their officers, directors, or agents, from giving or lending money or a thing of value to a person operating, owning, or maintaining any on-sale premises where alcoholic beverages are sold. In this regard, existing law specifically prohibits paying a retailer for advertising. Existing law creates a variety of exceptions to this prohibition, including permitting specified licensees to purchase advertising space and time from, or on behalf of, an on-sale retail licensee that is an owner, manager, agent or assignee of the owner, or major tenant of certain venues, subject to specified conditions. Existing law requires the purchase of advertising space or time, in this context, to be conducted pursuant to a written contract and, in certain instances, specifically authorizes a contract to be made with the owner, a long-term tenant of the complex, or a licensee of the complex, whether or not the owner, long-term tenant, or licensee holds an on-sale license. In this context, existing law makes certain acts of coercion crimes, including when an on-sale licensee coerces other specified licensees to purchase advertising space or time. This bill would expand the above-described exception to tied-house restrictions that allows for the purchase of advertising by applying it to a fully enclosed arena with a fixed seating capacity in excess of 10,000 seats located in the County of Riverside. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would make conforming changes in the above-described provisions relating to written contracts, and the parties with whom these contracts may be made, to apply them to this arena. (2) This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Riverside. (3) This bill would incorporate additional changes to Section 25503.6 of the Business and Professions Code proposed by AB 98 and SB 1280 to be operative only if this bill and AB 98 or SB 1280, or all 3 bills, are enacted and this bill is enacted last. (4) 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 lifeguard services to be provided for any public swimming pool that is of wholly artificial construction where a direct fee is charged for its use. For all other public swimming pools, existing law requires lifeguard service or signs clearly indicating that the service is not provided. Existing law requires lifeguards who provide lifeguard service to possess current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or equivalent qualifications, as determined by the State Department of Public Health, and who are trained to administer first aid, in conformance with laws and regulations, and who have no duties to perform other than to supervise the safety of participants in water-contact activities. This bill would authorize a local public agency that is certified by the United States Lifesaving Association to use qualified lifeguard personnel, as defined, to provide lifeguard services at a public swimming pool if certain requirements are met.