Existing law, the Fort Ord Reuse Authority Act, establishes the Fort Ord Reuse Authority to prepare, adopt, finance, and implement a plan for the use and development of the territory previously occupied by the Fort Ord military base in Monterey County. The act provides that the authority is governed by a board consisting of members from specified cities and authorizes the board to acquire and dispose of existing real property and facilities within the Fort Ord territory, to plan, finance, and construct new public capital facilities within that territory, to levy assessments, special taxes, or development fees, and to issue bonds. The act makes these provisions inoperative when the board determines that 80% of the territory of Fort Ord that is designated for development or reuse in the plan has been developed or reused in a manner consistent with the plan, or June 30, 2014, whichever occurs first, and repeals these provisions on January 1, 2015. This bill would instead make the act inoperative when the board makes the above specified determination, or June 30, 2020, whichever occurs first, and would repeal the act on January 1, 2021. This bill would also require the board to submit and approve a transition plan to the Monterey County Local Agency Formation Commission, as specified. The Fort Ord Reuse Authority Act also authorizes the board to, by ordinance, establish the Redevelopment Agency of Fort Ord and requires that a city or county receiving state subventions based on the military population residing at Fort Ord continue for a specified period. This bill would repeal the board's authorization to establish the Redevelopment Agency of Fort Ord and would repeal the provisions relating to the continuance of state subventions.
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Existing law provides for the regulation and licensing of pilots for Monterey Bay, and the Bays of San Francisco, San Pablo, and Suisun, and the payment of specified pilotage rates and charges imposed on vessels piloted in those bays. Existing law also establishes in the Business, Transportation and Housing Agency, a Board of Pilot Commissioners for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and prescribes the membership, functions, and duties of the board. Existing law requires the pilots to appoint a port agent to carry out the orders of the board, other applicable laws, and otherwise administer the affairs of the pilots. This bill would require a pilot to refuse a pilotage assignment if the pilot is physically or mentally fatigued and the pilot has a reasonable belief that the assignment cannot be carried out in a competent and safe manner. The bill would require the executive director of the board, if the executive director alerts the United States Coast Guard to a violation or a likely violation of safety standards and has reason to believe the violation or likely violation will not be corrected prior to reaching its next port of call, to request that the United States Coast Guard report specified vessel pilot safety violations to the port state control officer or a pilot organization in a vessel's expected future port of call. The bill would require the board to contract with an independent entity to conduct a study of the effects of work and rest periods on psychological ability and safety for pilots, including specified information and recommendations on how to prevent pilot fatigue and ensure the safe operation of vessels and, based on the results of, and recommendations contained in the study, to promulgate regulations for pilots establishing requirements for adequate rest periods intended to prevent pilot fatigue. Existing law provides that the board shall have sole authority to determine the qualification for obtaining a pilot's license, and requires the board to adopt, by regulation, licensing standards that equal or exceed standards for obtaining federal endorsements that conform with and support state policy with regard to the safe operation of vessels. Existing law requires that an applicant for a pilot trainee position, or for a pilot license, or a pilot seeking renewal of his or her license to undergo a physical examination by a board-appointed physician, in accordance with prescribed standards, to determine the suitability of a person to perform his or her duties as a pilot. This bill would require a pilot trainee or an applicant for a trainee position, a license applicant, or a licensee applying for renewal of a license to disclose to the board-appointed physician conducting the required physical examination certain medical information relating to the applicant's or licensee's ability to safely operate a vessel, including information concerning prior substance abuse and medical conditions characterized by lapses of consciousness. The bill would authorize the board to refuse to admit an applicant to a training program, continue a trainee in the training program, or issue or renew a license to any person when the board-appointed physician conducting the physical examination determines that the applicant or licensee habitually uses, or is addicted to, alcoholic beverages, narcotics, or dangerous drugs, and would prescribe procedures the board would be required to follow with regard to the refusal to issue or renew a license. Existing law requires the board to adopt training standards and a training program for pilot trainees, and continuing education standards and a continuous education program for pilots. This bill would require that any continuing education program adopted by the board regularly inform pilots of the hazards of fatigue and of effective strategies to prevent fatigue. Existing law requires the prospective employer of a driver who drives a vehicle, as specified, to obtain a report showing the driver's current public record as recorded by the Department of Motor Vehicles, and requires the employer of a driver of such a vehicle to participate in a pull-notice system, as defined. Existing law requires that a request to participate in the pull-notice system be accompanied by a fee determined by the department to be sufficient to defray the entire actual cost to the department for the notification system, subject to specified fee exemptions. This bill would require that the board also comply with the above provisions of the Vehicle Code requiring participation in the pull-notice system and establishing the fee for the system, but would specify that all pilots and pilot trainees covered by those provisions would not be subject to the fees imposed by the department for the pull-notice system. The bill would also require the board, on an individual basis, to request the driving record of every applicant for admission to the pilot training program, and of every applicant for an original pilot license before issuing the applicant a pilot license.
Existing law prescribes various duties for the Department of General Services in connection with development and maintenance of the park around the State Capitol Building. This bill would authorize the Ronald Reagan Centennial Capitol Foundation, in consultation with the Department of General Services, to plan a statue of Ronald Reagan in the State Capitol Building Annex. The bill would require the Department of General Services and the Ronald Reagan Centennial Capitol Foundation to approve the design and any other aspect of the statue. The bill would require that the planning, construction, and maintenance of the statue be funded with private donations through the Ronald Reagan Centennial Capitol Foundation. The bill would prohibit construction of the statue until the Joint Committee on Rules has approved and adopted the plan for the statue, and the Joint Committee on Rules and the Department of Finance have determined that sufficient private funding is available to construct and maintain the statue.
The Sherman Food, Drug, and Cosmetic Law regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the State Department of Public Health. The law prohibits the sale, delivery, or giving away of any new drug or new device unless either the department has approved a new drug or device application for that new drug or new device and that approval has not been withdrawn, terminated, or suspended or a new drug application has been approved for it and that approval has not been withdrawn, terminated, or suspended under specified provisions of the Federal Food, Drug, and Cosmetic Act, or it is a new device for which a premarket approval application has been approved, and that approval has not been withdrawn, terminated, or suspended under the federal act. The Sherman Food, Drug, and Cosmetic Law requires the department to adopt regulations to establish the application form and set the fee for licensure and renewal of a drug or device license. This bill would revise the above-described prohibition to exempt a new biologic product for which a license has been issued under federal law. Existing law also requires the department to inspect the place of business of each licensed manufacturer of a drug or device in the state prior to issuance of the license and, thereafter, once every 2 years, unless the United States Food and Drug Administration inspected the place of business within the previous 2 years. This bill would, instead, require each place of business to submit to the department documentation that evidences ownership and that the place of business is operating pursuant to a valid biologics license, establishment registration, or approved investigational new drug or investigational device exemption issued by the United States Food and Drug Administration, as prescribed, or is in compliance with audits conducted pursuant to specified standards, prior to the department issuing the place of business a license. If the business does not provide this documentation, the bill would require the department to inspect the place of business prior to licensure. This bill would authorize the business to request an official copy of the valid license. Existing law authorizes any authorized agent of the department to enter and inspect specified locations, as prescribed, for purposes of enforcement of the Sherman Food, Drug, and Cosmetic Law. This bill would require, for any place of business where a drug or device is manufactured and its manufacturer has received a license, the department to make investigations or inspections only under specified circumstances, including when the department makes a determination that the health and safety of the public is at risk, notification has been sent by the United States Food and Drug Administration to the department requesting assistance regarding a specified recall action, or when the United States Food and Drug Administration has requested assistance for enforcement activities.
(1) Existing law, the Corporate Securities Law of 1968, regulates the offer and sale of securities in this state by the Commissioner of Corporations. Existing law requires an issuer of securities to qualify with the commissioner the offer and sale of securities unless the transaction is subject to one of several specified exemptions from the qualification requirements. A willful violation of these provisions is a crime. Existing law exempts from the qualification requirements the offer or sale of any security made to no more than 35 people, as specified, and allows the commissioner to require the issuer to file a notice of transactions. Existing law provides that the exemption remains available to an issuer that fails to file the notice or files the notice after the time specified by the commissioner. Existing law requires an issuer relying on that exemption to file a notice within 15 business days following discovery of the failure to timely file the notice, or after demand of the commissioner, whichever is earlier. This bill would require the commissioner to require the issuer to file a notice of transactions in connection with that exemption. Existing federal law defines the term "accredited investor," for purposes of regulating securities transactions, including determining whether an offer and sale of securities is required to be registered pursuant to the federal Securities Act of 1933. This bill would require the commissioner to require an issuer that relies upon a specified exemption from the qualification requirements and that is principally engaged in the business of purchasing, selling, financing, or brokering real estate, for an offering to any person who is not an accredited investor in a transaction that is not registered pursuant to the Securities Act of 1933, to provide information regarding the nature of the proposed offering on a form prescribed by the commissioner, as specified. That information would include, but not be limited to, the offering disclosure documents provided to prospective investors, and the names of the officers and directors of a corporate issuer and, in the case of other types of issuers, the names of other specified persons. The bill would also require the commissioner to prepare an annual report regarding the securities offerings and sales authorized by permit issued by the commissioner under specified provisions of existing law and to make the report publicly available by posting the report on the Internet Web site of the Department of Corporations. (2) Existing law exempts from the qualification requirements, subject to complying with specified requirements, a transaction that involves the sale of a series of notes secured directly by an interest in real property or the sale of undivided interests in a note secured directly by real property equivalent to a series transaction, having no more than 10 investors. Existing law requires a real estate broker to indicate in the real estate broker's transaction file the provisions of law pertaining to qualification or exemption from qualification under which a transaction is being conducted. Existing law requires a real estate broker to file certain information with the commissioner relative to conducting these transactions that are exempt from qualification. Existing law requires a real estate broker to submit a copy of the information in the real estate broker's transaction file relative to qualification or exemption from qualification for a transaction to any investor from whom the real estate broker obtains funds in connection with the transaction. This bill would require that a transaction that involves the sale of a note secured directly by an interest in real property or the sale of an undivided interest in a note secured directly by real property equivalent to a series transaction be conducted in compliance with those requirements. (3) Existing law, the Real Estate Law, requires a real estate broker negotiating a loan, as specified, secured by a lien on real property or a business opportunity or the sale of a real property sales contract or promissory note secured directly or collaterally by a lien on real property, to provide a disclosure statement, containing specified information regarding the proposed transaction, to a prospective lender or a prospective purchaser, respectively. A willful violation of the Real Estate Law is a crime. This bill would add to the information required to be included in the disclosure statement a statement that the broker has a responsibility to make reasonable efforts to determine that the loan or the purchase, respectively, is a suitable and appropriate investment for the lender or purchaser, respectively. Because this bill would expand the scope of existing crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law relative to private energy producers requires every electric utility, as defined, to make available to an eligible customer‑generator, as defined, a standard contract or tariff for net energy metering on a first-come-first-served basis until the time that the total rated generating capacity used by eligible customer‑generators exceeds 5% of the electric utility's aggregate customer peak demand. Existing law requires the electric utility, upon an affirmative election by the eligible customer-generator to receive service pursuant to this contract or tariff, to either: (1) provide net surplus electricity compensation for any net surplus electricity generated in the 12-month period, or (2) allow the eligible customer-generator to apply the net surplus electricity as a credit for kilowatthours subsequently supplied by the electric utility to the surplus customer-generator. This bill would authorize an eligible customer-generator with multiple meters to elect to aggregate the electrical load of the meters located on the property where the generation facility is located and on all property adjacent or contiguous to the property on which the generation facility is located, if those properties are solely owned, leased, or rented by the eligible customer-generator, as provided. For an electric utility that is an electrical corporation, the bill would condition this authorization upon the commission making a determination that permitting eligible customer-generators to aggregate their load from multiple meters will not result in an increase in the expected revenue obligations of customers who are not eligible customer-generators. For an electric utility that is a local publicly owned electric utility or electrical cooperative, the bill would condition this authorization upon the utility's ratemaking authority, as defined, making a determination that permitting aggregation will not result in an increase in the expected revenue obligations of customers who are not eligible customer-generators. The bill would prohibit an eligible customer-generator that chooses to aggregate from receiving net surplus electricity compensation and require the electric utility to retain kilowatthours, as prescribed. Existing law establishes a net energy metering program that is available to an eligible fuel cell customer-generator, as defined. Existing law requires that the net metering calculation be made by measuring the difference between the electricity supplied to the eligible fuel cell customer-generator and the electricity generated by the eligible fuel cell customer-generator and fed back to the electrical grid over a 12-month period. Existing law requires that an electrical corporation determine if the eligible fuel cell customer-generator was a net consumer or producer of electricity during the 12-month period. For purposes of making this determination, existing law requires that the electrical corporation aggregate the electrical load of the eligible fuel cell customer-generator under the same ownership. This bill would require that in making the determination whether the eligible fuel cell customer-generator is a net consumer or producer of electricity during the 12-month period, the electrical corporation is to aggregate the electrical load of the meters located on the property where the eligible fuel cell electrical generation facility is located and on all property adjacent or contiguous to the property on which the facility is located, if those properties are solely owned, leased, or rented by the eligible fuel cell customer-generator. 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 bill would require an expansion of the above-described net energy metering programs and would require an order or decision of the commission to implement, a violation of these provisions would impose a state-mandated local program by expanding the definition of a 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. This bill would incorporate additional changes in Section 2827.10 of the Public Utilities Code, proposed by AB 2165, to be operative only if AB 2165 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last.
(1) Existing provisions of the Political Reform Act of 1974 require a committee, as defined, to file a statement of organization with the Secretary of State and, as applicable, to file semiannual campaign statements. This bill would require the Secretary of State to charge each committee that is required to file a statement of organization, and would require each committee to pay, except as specified and subject to specified deadlines, a fee of $50 per year until the committee is terminated. (2) Existing provisions of the Political Reform Act of 1974 regulate the activities of lobbyists, lobbying firms, and lobbyist employers, as defined, in connection with attempts to influence legislative and administrative action by legislative and other state officials. The act requires that lobbying firms and lobbyist employers register with the Secretary of State, and authorizes the Secretary of State to charge each lobbying firm and lobbyist employer a fee of up to $25 per year for each lobbyist required to be listed on its registration statement. This bill instead would require the Secretary of State to charge each lobbying firm and lobbyist employer a fee of $50 per year for each lobbyist required to be listed on its registration statement. (3) This bill would establish the Political Disclosure, Accountability, Transparency, and Access Fund in the State Treasury and require that moneys collected as fees from committees, as described in (1) above, and one-half of fees collected from lobbying firms and lobbyist employers, as described in (2) above, be deposited in this fund. The bill would require that the other 12 of the fees collected from lobbying firms and lobbyist employers be deposited in the General Fund. The bill would require that moneys deposited in the Political Disclosure, Accountability, Transparency, and Access Fund be expended for the maintenance, repair, and improvement of the online or electronic disclosure program implemented by the Secretary of State, except that the bill would also allow the Secretary of State to use these moneys for purposes of implementing the bill. The bill would provide that expenditures from this fund for purposes of the maintenance, repair, and improvement of the online or electronic disclosure program are subject to the project approval and oversight process established by the California Technology Agency, as specified. (4) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act's purposes upon a 23 vote of each house and compliance with specified procedural requirements. This bill would declare that it furthers the purposes of the act.
Existing law requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and requires a summary of that report to be sent to the patient within a specified time period. This bill, from April 1, 2013, until January 1, 2019, would require, under specified circumstances, a health facility at which a mammography examination is performed to include in the summary of the written report that is sent to the patient a prescribed notice on breast density.
This measure would recognize the 25th anniversary of the California Vietnam Veterans Memorial on November 23, 2013, and encourage all Californians to take part in ceremonies, organized by the California State Council of Vietnam Veterans of America along with assistance from the Department of Veterans Affairs and other veterans service organizations. This measure would call upon the state archives to display memorabilia in a special display on the Vietnam War, as provided, the California State Military Museum to prepare and display exhibits on the Vietnam War, as provided, and the Department of Veterans Affairs to add names to the memorial, as provided.
This measure would acknowledge the 75th anniversary of the federal Wildlife and Sport Fish Restoration Program and recognize, among others, the United States Fish and Wildlife Service for its leading role in restoring healthy populations of fish, wildlife, and other natural resources throughout the nation.